February 23, 2024

NLRB

Wall Street Journal: Black Lives Matter, Now at Home Depot

By The Editorial Board

.....If you’re finally getting used to endless protests on every college campus, get ready to deal with them on your weekend shopping trips. A federal ruling this week could block bosses from setting ground rules for political agitation in their workplaces—even for causes that have nothing to do with work.

The National Labor Relations Board (NLRB) on Wednesday ordered 

Home Depot to rehire a man with back pay, after the store sidelined him for breaking its dress code in early 2021. Antonio Morales had written “BLM” on his work apron in tribute to the Black Lives Matter movement. That clashed with the company’s policy against “displaying causes or political messages unrelated to workplace matters.”

The Courts

Election Law Blog: Cert petition filed in Wyoming polling place electioneering restriction

By Derek Muller

.....Last fall, I noted the 10th Circuit’s decision upholding Wyoming’s ban on electioneering within 300 feet of the polling place. That restriction is substantially larger than the restriction approved by the Supreme Court in Burson v. Freeman (1992). In light of recent developments, including Minnesota Voters Alliance v. Mansky, limiting how states try to restrict “political” apparel at the polling place, and lower court decision on “ballot selfies,” Burson has seen some cutbacks. A cert petition in Frank v. Lee has been filed and docketed here. We’ll see if the case attracts the Supreme Court’s interest.

Bloomberg Law: Musk-Backed Suit Over Disney Actor’s Firing Bets on State Law

By Riddhi Setty

.....An Elon Musk-funded lawsuit from former “The Mandalorian” actor Gina Carano filed against The Walt Disney Co. over her termination from the hit series will serve as a test case for the boundaries of California’s unusual protections for political speech.

The mixed-martial artist turned actor said in a recent Los Angeles federal court complaint that she was wrongfully fired for voicing her political views in social media posts—many of which were posted on X, formerly known as Twitter—that were deemed by some to be antisemitic and transphobic…

Unlike federal law, California’s Labor Code protects an employee’s right to be politically active outside of their workplace without retaliation from an employer. This additional protection, though it hasn’t been frequently tested in courts, could permit Carano’s case against Disney to move forward at a time when the company is facing conservative backlash for its diversity, equity, and inclusion practices.

AP News: South Carolina bans inmates from in-person interviews. A lawsuit wants to change that

By Jeffrey Collins

.....A South Carolina prison policy banning inmates from speaking to reporters in person or having their writings directly published violates the First Amendment free speech rights of prisoners, a civil rights organization said in a federal lawsuit Thursday.

While prisons across the county place some restrictions on in-person media interviews with inmates — such as when they take place, how long they can last and whether an inmate has to initiate the interview request — the South Carolina Department of Corrections blanket ban stands out, the American Civil Liberties Union said in a statement.

The Media

The Hill: CBS faces uproar after seizing investigative journalist’s files

By Jonathan Turley

.....There is trouble brewing at Black Rock, the headquarters of CBS, after the firing of Catherine Herridge, an acclaimed investigative reporter. Many of us were shocked after Herridge was included in layoffs this month, but those concerns have increased after CBS officials took the unusual step of seizing her files, computers and records, including information on privileged sources.

The position of CBS has alarmed many, including the union, as an attack on free press principles by one of the nation’s most esteemed press organizations.

Online Speech Platforms

New York Post: GoFundMe brushes off boycott calls over Trump fundraiser as fans try to help ex-prez foot legal bills: ‘Don’t see a problem’

By Ryan King

.....Crowdsourcing platform GoFundMe is standing up to pressure from the left to halt a fundraiser meant to help pay former President Donald Trump’s penalties from last week’s New York civil fraud ruling.

A myriad of netizens seethed and called for a boycott until GoFundMe nixed the fundraising campaign, which had raised more than $965,000 as of Thursday afternoon, but so far the company is declining to do so.

“This fundraiser is currently within our terms of service,” GoFundMe director of public affairs Jalen Drummond told The Post. Drummond previously worked as a White House assistant press secretary under Trump.

Hans von Spakovsky, a former member of the Federal Election Commission and current manager of the Heritage Foundation’s Election Law Reform Initiative, told The Post the he saw no legal problems or violation of federal campaign finance laws with the fundraising campaign set up by Florida woman Elena Cardone. 

“This GoFundMe campaign can’t be considered campaign contributions to Donald Trump because it’s paying legal expenses that would exist irrespective of the campaign,” he said. “Remember all of the prosecutors in these cases are saying, ‘Oh, these cases have absolutely nothing to do with his candidacy,’ right?”

“If they used it for some kind of campaign expense, yeah, that would be a problem. But if they stick to just paying these legal costs, I don’t see a problem.”

Oversight Board: The Oversight Board Expands to Threads

.....Today, the Oversight Board is expanding its scope to include Threads – a Meta app which allows users to share text updates and join public conversations. While we have been able to review and decide appeals from Facebook and Instagram users since October 2020, this marks a milestone: the first time the Board’s review has expanded its scope to cover a new app.

Independent Groups

Washington Examiner: Jon Tester attacks out-of-state billionaires for buying elections. They’re funding his reelection

By Gabe Kaminsky

.....Tester often slams the wealthy and well-connected for trying to wield power in Washington, D.C., a phenomenon he attributes to the Supreme Court’s landmark 2010 Citizens United decision, which ruled it unconstitutional to restrict outside groups from spending cash on campaign advertising. But the Democratic senator has long relied on billionaires to cut him checks; they’ve wired his own campaign hundreds of thousands of dollars since 2006, and many are lining up behind Tester as he hopes to retain his Montana Senate seat in a 2024 race widely viewed as a toss-up, Federal Election Commission records show.

That Tester continues to accept large sums from billionaires is likely to further open him up to charges of hypocrisy on the campaign trail.

The States

Maine Morning Star: Anti-super PAC initiative headed to Legislature for consideration

By Emma Davis

.....A campaign finance reform effort in Maine has secured enough signatures for a citizen initiative, Secretary of State Shenna Bellows confirmed Thursday. 

The initiative will now go to the Maine Legislature for consideration, which can either enact the bill as written or send it to a statewide vote in November 2024. 

On face value, the petition campaign seeks to limit contributions to independent political action committees, otherwise known as super PACs. The ultimate goal, however, is to get the U.S. Supreme Court to rule that PACs should be regulated.

OPB: Campaign finance limits crafted by major donors will now go before Oregon lawmakers

By Dirk VanderHart

.....Some of Oregon’s most influential political donors say they’ve crafted a viable system for limiting campaign contributions in the state — and they’re hopeful lawmakers they’ve supported over the years will pass it in the next 17 days.

Following weeks of negotiations, the state’s largest labor unions and business coalitions unveiled a proposal Thursday they say walks a fine line.

The bill would limit how much businesses, political committees, interest groups, labor unions and everyday Oregonians could donate to campaigns and causes beginning in 2026. But those limits are high enough, backers contend, that the state will not see a rush of “independent expenditures,” political ads funded by outside groups without the knowledge of the political candidate they are helping...

Now the bill, introduced as an amendment to House Bill 4024, is set for a hearing. The negotiated proposal was put forward by House Majority Leader Julie Fahey, D-Eugene, whose has made clear she would like to pass a bill this year. The House Rules Committee Fahey chairs will take it up on Friday.

Capitol Beat: Georgia House targets ‘deepfakes’ in political ads

By Dave Williams

.....Legislation that criminalizes the use of “deepfakes” generated by artificial intelligence to impersonate candidates in political campaign ads cleared the Georgia House of Representatives Thursday.

House Bill 986, which passed 148-22, creates the crime of fraudulent election interference. Anyone who knowingly perpetrates a political deepfake within 90 days of an election would face two to five years in prison and a fine of up to $50,000.

“We want to protect good political free speech,” Rep. Brad Thomas, R-Holly Springs, the bill’s chief sponsor, said on the House floor before Thursday’s vote. “But fraud is not protected speech.”