April 12, 2024

In the News

Just the News: Colorado lawmakers sued for censoring critics of transgender felon name change bill

By Greg Piper

.....As Scots including author J.K. Rowling face the possibility of prosecution for misgendering people who identify as the opposite sex, even from their own homes, Coloradans face a less drastic threat: censorship of language that refers to males as such in public.

The Institute for Free Speech sued several Centennial State lawmakers on behalf of two gender-critical groups for shutting down and chilling their members' speech at Jan. 30 and March 27 legislative hearings, even purging the latter's "official audio record" of "significant portions" of one plaintiff's remarks.

"By forcing speakers to adopt a contested ideology" through mandatory use of female pronouns and non-legal names for men who identify as women, "Colorado lawmakers unlawfully privileged one viewpoint over another and silenced dissent," IFS senior attorney Del Kolde said.

New from the Institute for Free Speech

Institute for Free Speech Research Director Authors NAACP v. Alabama Scholarly Article

.....Institute for Free Speech Research Director Helen Knowles-Gardner has authored a scholarly article draft on the history of the important Supreme Court case NAACP v. Alabama ex rel. Patterson (1958). Knowles-Gardner will present the article, titled “The First Amendment to the Constitution, Associational Freedom, and the Future of the Country: Alabama’s Direct Attack on the Existence of the NAACP” at the Annual Meeting of the New England Political Science Association in Newport, RI, on April 20, 2024.

The article is the first component of an extensive research project examining the landmark free speech litigation that produced four Supreme Court rulings, as well as the implications of those rulings for freedom of association today.

Read the article’s abstract below.

Congress

Washington Examiner: Leonard Leo says he’s ‘not capitulating’ after Durbin subpoena

By Kaelan Deese

.....Federalist Society co-Chairman Leonard Leo said Thursday he is “not capitulating” after he announced Sen. Dick Durbin (D-IL) filed a subpoena against him.

“Today, I received an unlawful and politically motivated subpoena from U.S. Senate Judiciary Committee Chairman Dick Durbin,” Leo said in a statement obtained by the Washington Examiner. Last November, the Democratic-led committee voted on whether to take up subpoenas for GOP megadonor Harlan Crow and the Federalist Society co-chairman.

The committee has been looking to gain access to documents from Crow and Leo to aid its investigation into allegations of unethical financial gifts and potential conflicts of interest posed by personal ties between Supreme Court justices and billionaire donors and activists.

Fox News: Sen Ernst cites Jewish student discrimination in bid to protect free speech on campuses

By Julia Johnson

.....Sen. Joni Ernst, R-Iowa, is looking to crack down on universities that receive federal funding but discriminate against students based on their viewpoint in a new attempt to protect free speech on college campuses. 

The Iowa Republican will introduce a new bill on Thursday, the Students Bill of Rights Act of 2024, which would safeguard free speech on public campuses…

According to Ernst's office, the measure was prompted in part by concerns over the free expression of Jewish and pro-Israel students at various schools across the country amid the war between Israel and terrorist group Hamas.

The goal of the Iowa Republican's bill is to push back on "left-wing activists on college campuses," who she accuses of eroding First Amendment rights, as well as attacks on Jewish students, her office said.

Mediaite: ‘Journalistic Rape’: Catherine Herridge Accuses CBS News of Crossing a ‘Red Line’ During House Hearing

By Alex Griffing

.....Catherine Herridge, the veteran CBS News investigative journalist, testified before a House Judiciary subcommittee on Thursday as part of a hearing on press freedoms and the need to make the Press Act law.

Earlier this year, Herridge was both held in contempt of court by a civil judge for refusing to reveal her sources as part of a defamation lawsuit and she was laid off from CBS News during a round of cutbacks. U.S. District Judge Christopher Cooper imposed a fine of $800 per day until Herridge reveals her sources in the government that tipped her off to an investigation into a Chinese-American scientist, who is now suing for damages.

The Hill: Musk says House has launched inquiry over X-Brazil battle

By Nick Robertson

.....Elon Musk said Thursday that the House has launched an inquiry into his company’s work in Brazil after the tech mogul claimed he refused to comply with illegal demands from Brazilian leaders that he ban members of parliament and journalists from his social media platform X.

Musk announced Wednesday that X has “received an inquiry from the U.S. House of Representatives regarding actions taken in Brazil that were in violation of Brazilian law.”

He clarified that the company was “asked to suspend sitting members of the Brazilian parliament and many journalists” by the country’s judiciary. 

Daily Caller: ‘Reprehensible’: GOP Rep Urges DOJ To Investigate ‘Death To America’ Chanters

By Zack Brave

.....Republican members of Congress from Michigan denounced “Death to America” chants made during an Al Quds rally late last week in Dearborn, Michigan, and called for Biden to take action on the anti-American rhetoric in statements to the Daily Caller…

Rep. John Moolenaar stressed to the Daily Caller that the “Death to America” chant is a “threat” and urged the Department of Justice to take legal action against the protesters.

“Attorney General Merrick Garland needs to investigate and prosecute the people in Dearborn who were making threats against America,” Moolenaar told the Caller. “Chanting ‘Death to America’ is a threat and not protected speech.”

Free Expression

Original Jurisdiction: A Tale Of Two Protests: UVA v. Berkeley Law

By David Lat

.....But these were the most polite protesters I’ve ever seen. They didn’t heckle or harass Justice Mitchell, me, or anyone else who went into his talk. They stood outside the room, quietly holding signs. And once his talk got underway, they left to attend a counter-event—“a lunch to raise funds for SisterSong, a reproductive-justice coalition led by women of color.” That counter-event was accompanied by a flyer that criticized Justice Mitchell’s LePage opinion, replete with footnotes and case citations.

And that’s how protest should work. Upon learning that Justice Mitchell was coming to campus, protesters prepared a written critique of his opinion, circulated it within the law school, and invited people to attend a competing event. They responded to reasoned argument with reasoned argument. They didn’t prevent those of us who wanted to listen to Justice Mitchell from doing so. They didn’t disrupt.

Contrast the respectful response to Justice Mitchell with the disruptive protest at UC Berkeley School of Law on Tuesday night. Here’s a statement issued on Wednesday by Dean Erwin Chemerinsky, whose private residence was the site of the protest:

Reason (Volokh Conspiracy): Students Don't Have a Right to Use Public University Social Events for Their Own Political Orations

By Eugene Volokh

.....A couple of people, both of whom I respect a great deal, asked me for a First Amendment analysis of the students' trying to orate about the Israel-Palestine conflict at the class party at Berkeley Dean Erwin Chemerinsky's home. Happy to oblige!

[1.] Some people have argued that the party was a public law school function, and thus not just a private event. I'm not sure that's right—but I don't think it matters.

Even if Berkeley law school put on a party for its students in a law school classroom, students still couldn't try to hijack that for their own political orations. Rather, much government property is a "nonpublic forum"—a place where some members of the public are invited, but which is "'… not by tradition or designation a forum for public communication'" (Minnesota Voters Alliance v. Mansky (2018), quoting a leading 1983 case).

War & Speech (Podcast): Campus Speech in the Shadow of War

.....Jameel Jaffer talks with Eugene Volokh, distinguished professor of law at UCLA and soon-to-be senior fellow at the Hoover Institution, about free speech on campus in the shadow of the war in Israel and Gaza. They discuss whether administrators should ban what some students describe as calls for genocide and consider what can be done to protect the space for dissent.

The Free Press: Julian Assange Gave America the Ugly Truth

By Rupa Subramanya

.....If the U.S. finally succeeds, Assange will be tried for endangering national security under the Espionage Act—a rarely used 1917 law designed to punish those who interfere with “the war effort.” He stands accused of 17 counts of espionage and one of computer misuse. If convicted, he could face over 170 years behind bars. 

The case has divided America: some argue Assange is an anarchist, trying to undermine our nation. Others say he is a heroic activist, fighting for a transparent democracy. 

But the truth, actually, lies somewhere in the middle: yes, Assange is a deeply flawed character, and he also does not deserve to spend the rest of his life behind bars. Today, President Biden said he is considering a plea from Assange’s homeland of Australia to drop the case, which is a welcome development. Because if the hacker is convicted, it’s not only journalism that will be weaker—it’s democracy itself.

NPR: Most doxxing campaigns only last a few days. But the effects can be felt for months

By Mansee Khurana

.....Doxxing — the practice of publishing someone's private information for revenge or punishment — has been around since the early days of the internet. It's been used against reporters, law enforcement personnel and women speaking out against sexual abuse.

Since last fall, doxxing campaigns have been used to "name and shame" those who express opinions about the Israel-Hamas war.

The names of Harvard students who signed onto a statement from the student group Harvard Undergraduate Palestine Solidarity Committee were plastered on billboards near the university's campus. A scientific journal fired its editor-in-chief for retweeting a satire article. A Florida school district placed a teacher on leave for sending an email about recognizing the Palestinian community. NYU Langone Health fired a doctor for pro-Israel social media posts.

While most doxxing campaigns only last a few days, their effects can be felt for months.