January 12, 2024

In the News

The Dispatch: Advisory Opinions Podcast- January 11, 2024

Hosted by Sarah Isgur and David French

.....Ed. note: Sarah Isgur and David French discuss the Ninth Circuit ruling in No on E v. Chiu, the Institute for Free Speech lawsuit challenging San Francisco's political advertising disclaimers, at 35m 40sec. 

Congress

Washington Examiner: Director of national intelligence subpoenaed in House censorship investigation

By Ashley Oliver

.....House Judiciary Committee Chairman Jim Jordan (R-OH) subpoenaed documents from the director of national intelligence on Thursday, saying the documents are necessary to review as part of his committee’s investigation into the federal government’s censorship efforts.

Jordan asked that DNI Avril Haines provide all records of any of the Office of the Director of National Intelligence’s communications related to the “moderation, deletion, suppression, restriction, or reduced circulation of content,” according to a copy of the subpoena reviewed by the Washington Examiner.

Jordan wrote in an accompanying letter to Haines that her responses to the committee’s prior voluntary requests have been “woefully inadequate.” The subpoena requires Haines to respond to him by Feb. 9.

The Courts

JD Supra: FEC Update with Matt Petersen: Prosecutorial Discretion and Judicial Review

By Matthew Petersen, Holtzman Vogel Baran Torchinsky & Josefiak

.....Late last week, a D.C. Circuit Court panel (which included Chief Judge Srinivasan) again reiterated that Federal Election Commission (FEC) complaint dismissals premised on prosecutorial discretion are not subject to judicial review. The D.C. Circuit previously established this precedent in 2018 and 2021, when the Court held that “a Commission nonenforcement decision is reviewable only if the decision rests solely on legal interpretation.”

Orlando Sentinel: Disney cites Andrew Warren decision in lawsuit against DeSantis

By Skyler Swisher

.....Disney’s lawyers think a court ruling boosting ousted Tampa prosecutor Andrew Warren’s bid to get his job back also will help their lawsuit against Gov. Ron DeSantis.

The entertainment giant’s legal team on Thursday filed a copy of Wednesday’s decision from the Atlanta-based 11th Circuit Court of Appeals, arguing that the same First Amendment protections within it apply to the company’s lawsuit.

Both Disney and Warren, a Democrat, argue they were punished by DeSantis because of their political positions.

Pensacola News Journal: Book publishers, authors and Escambia parents get 'major win' in book ban lawsuit

By Brittany Misencik

.....A federal judge rejected a motion to dismiss a lawsuit alleging the Escambia County school district violated free speech rights through its removal and restriction of school library books.

The lawsuit, filed by PEN America, Penguin Random House, five authors and seven Escambia County parents, asks that all challenged and banned library books be returned to library shelves.

The Detroit News: Former GOP state Rep. Larry Inman acquitted of federal corruption charges

By Robert Snell

.....Former state Rep. Larry Inman was acquitted Thursday of attempted extortion and soliciting a bribe following a four-day trial in federal court in Grand Rapids, capping a years-long legal odyssey and rare public corruption case on the state's west side.

Candidates and Campaigns

HuffPost: Campaign Finance Watchdogs Threaten No Labels With Lawsuit

By Kevin Robillard

.....A coalition of left-leaning and nonpartisan campaign finance groups appear on the verge of filing lawsuits and complaints aiming to force the well-heeled centrist group, No Labels, to reveal its donors as it prepares to back a third-party bid for the presidency, according to a letter obtained by HuffPost.

In the letter, sent Thursday night to No Labels CEO Nancy Jacobson, the groups ― including End Citizens United, Black Voters Matter, the League of Women Voters, and the Campaign Legal Center ― suggest they are giving No Labels a final chance to voluntarily reveal their donors.