The Latest News from the Institute for Free Speech October 4, 2023 Click here to subscribe to the Daily Media Update. This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected]. The Courts Washington Post: ‘Tennessee Three’ Rep. Justin Jones sues House speaker after expulsion By Praveena Somasundaram and Ellen Francis .....Tennessee Rep. Justin Jones, one of the “Tennessee Three” lawmakers who was reelected after his expulsion for joining protesters demanding gun control, is now suing the speaker of the state House — alleging that he was unconstitutionally silenced. Jones, a Democrat who represents Nashville, filed a lawsuit Tuesday against House Speaker Cameron Sexton, a Republican, in federal court there. The complaint also names the state and three administrative officials as defendants, alleging they blocked Jones from “expressing views on critical issues,” after he was removed from office and later prohibited from speaking in a debate following his reelection. Courthouse News: Judge issues gag order, blasts Trump team for conduct during Manhattan fraud trial By Erik Uebelacker and Josh Russell .....Judge Arthur Engoron hit Donald Trump with a gag order during the second day of his Manhattan fraud trial, promising “serious sanctions” if the former president continues to attack members of Engoron’s staff. Tuesday's order came after Trump lashed out at Engoron’s clerk, posting a photograph of her on Truth Social and baselessly referring to her as the “girlfriend” of Senate Majority Leader Chuck Schumer. “Schumer’s girlfriend… is running this case against me,” Trump wrote Tuesday in a now-deleted post that featured a photograph of Engoron’s clerk next to the New York senator. “How disgraceful! This case should be dismissed immediately!!” Atlanta Journal-Constitution: Judge shoots down attempt to dismiss ‘2000 Mules’ defamation lawsuit By Mark Niesse .....A federal judge has rejected an effort to dismiss a defamation lawsuit by an Atlanta-area man who was falsely accused of fraud in the conspiracy movie “2000 Mules.” U.S. District Judge Steven Grimberg’s ruling allows the case to move toward a trial against defendants including conservative filmmaker and political provocateur Dinesh D’Souza and True the Vote, a Texas-brd organization that collaborated on the movie. The lawsuit by Mark Andrews, an auditor from Gwinnett County, alleges “2000 Mules” damaged his reputation by showing him as he delivered ballots for himself and his family to a drop box as D’Souza says: “What you are seeing is a crime. These are fraudulent votes.” An investigation by the GBI cleared Andrews of wrongdoing when he returned absentee ballots for the 2020 presidential election. Georgia law allows voters to drop off ballots for their family members. Congress U.S. Rep. Adam Schiff: Rep. Schiff, Sens. Luján, Klobuchar Write Letter Urging FEC to Regulate Deceptive AI .....Today, Representative Adam Schiff (D-Calif.) and Senators Ben Ray Luján (D-N.M.) and Amy Klobuchar (D-Minn.) sent a letter to the Federal Election Commission (FEC) in support of their unanimous decision to advance Public Citizen’s petition requesting rulemaking to address the use of generative artificial intelligence (AI) in deceptive campaign advertisements. The letter also urges the Commission to use its authority to regulate the use of generative AI in campaign advertisements for fraudulent misrepresentation. Free Expression Reuters: Law school free speech proposal gets warm, if muted, reception By Karen Sloan .....An American Bar Association proposal that would require law schools to adopt free speech policies has drawn a largely positive response from the legal academy. The ABA received 19 comments on a potential change to its law school accreditation standards under which schools must have written free speech policies protecting the exchange of ideas and prohibiting disruptive activities on law campuses, after giving the public a month to weigh in—a somewhat muted response given that law schools have seen a rash of high-profile free speech controversies. Nearly all commenters said they support the addition of a free speech rule, though many suggested the ABA beef up the proposal to provide further protections or tweak it in different ways. Donor Privacy People United for Privacy: What is “Dark Money” and Should Something be Done About It? .....“Dark money” is not an official, legal, or technical term. It is a pejorative label used to smear any group that keeps the personal information of its members and supporters – such as their names, home addresses, and employers – private. Nonprofit causes across the ideological spectrum depend on private donations to carry out their missions while protecting their supporters from harassment and retaliation at the hands of corrupt government officials, partisan media outlets, extremists, and their philosophical opponents. Donor privacy is a longstanding tenet of philanthropic giving and an essential shield for Americans to comfortably exercise their First Amendment right to support the causes they believe in. Candidates and Campaigns Politico (Influence): Major companies underreported millions in political contributions By Caitlin Oprysko .....As corporate America continues getting squeezed by calls for transparency around companies’ political activities, new research shows nearly three dozen major corporations are falling short on those transparency commitments with contributions that counter the companies’ social commitments as well. According to data compiled by the liberal activist group Gen-Z for Change shared first with PI, 32 companies examined by the group did not disclose or underreported $6.5 million in contributions to the Republican Governors Association, Republican Attorneys General Association and the Republican State Leadership Committee between 2018 and 2022. Politico: Nonprofit group plans ad campaign using AI misinfo to fight AI misinfo By Madison Fernandez .....A new initiative is planning to use AI-generated misinformation to try to prepare voters against a possible wave of similar content. AIandYou, a nonprofit founded in 2019 to help underrepresented racial and ethnic groups understand AI, is launching the public awareness campaign to educate voters on how AI could affect next year’s election, according to details first shared with POLITICO. The campaign is still in its early stages, and it launched Tuesday morning with more traditional kinds of outreach in an attempt to drive awareness and understanding of AI-created content. That includes a video that outlines the uses and risks of AI and an online database of election-related AI news and voter resources. Susan Gonzales, founder and CEO of the nonprofit, said it is also looking to host a town hall on AI and the election next month. The States and D.C. AP News: Colorado high court to hear case against Christian baker who refused to make LGBTQ-themed cake By Colleen Slevin and Jesse Bedayn .....On the heels of a U.S. Supreme Court victory this summer for a graphic artist who didn’t want to design wedding websites for same-sex couples, Colorado’s highest court said Tuesday it will now hear the case of a Christian baker who refused to make a cake celebrating a gender transition. The announcement by the Colorado Supreme Court is the latest development in the yearslong legal saga involving Jack Phillips and LGBTQ+ rights. Politico: Leonard Leo says he will not cooperate with D.C. Attorney General tax probe By Heidi Przybyla .....Judicial activist Leonard Leo is not cooperating with an investigation by Washington D.C. Attorney General Brian Schwalb for potentially misusing nonprofit tax laws for personal enrichment, his attorney confirmed. David Rivkin, Leo’s attorney, said in a statement to POLITICO that Schwalb has “no legal authority to conduct any investigatory steps or take any enforcement measures” because Leo’s multi-billion-dollar aligned nonprofits — which poured millions into campaigning for the nominations of conservative Supreme Court justices and advocating before them — were organized outside of D.C. Las Vegas Review-Journal: Judge denies police union’s motion to take down RJ video By Briana Erickson .....A judge denied a police union’s demand to require the Las Vegas Review-Journal to remove or modify a video of corrections officers that was posted with a story about excessive overtime and mistakes at the Henderson jail. District Judge Mark Denton said Monday that he was “not persuaded” to issue a temporary restraining order because the union did not prove that the newspaper causes irreparable harm and injury by keeping up the video of officers without blurring their faces. 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