June 13, 2024

Ed. note: The Daily Media Update will return Monday, June 17.

In the News

SCOTUSblog: The morning read for Thursday, June 13

By Ellena Erskine

....Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Thursday morning read:

…

• NRA v. Vullo: A Resounding Win for Free Speech, But Will It Endure? (Charles M. Miller, The Federalist Society) 

Toledo Blade: To the editor: Enact free speech protection in Ohio

By Charles "Chip" Miller

.....As a former Ohio judge, former Ohio deputy attorney general, and a current free-speech litigator, I want our state’s laws to offer strong protection for our citizens’ First Amendment rights.

Unfortunately, Ohio currently fails that goal in one critical way, putting our rights to speak or publish at significant risk.

The good news is that there is legislative momentum to close this gap.

Today, Ohio provides no legal protections against strategic lawsuits against public participation, or “SLAPPs.”

This key threat to free speech allows wealthy individuals or businesses to file frivolous lawsuits targeting speech they don’t like.

New from the Institute for Free Speech

Free Speech Arguments – Episode 11: NRSC v. FEC

.....National Republican Senatorial Committee, et al. v. Federal Election Commission, et al. argued before the U.S. Court of Appeals for the Sixth Circuit sitting en banc on June 12, 2024. Argued by Noel J. Francisco on behalf of the NRSC and Jason Hamilton on behalf of the FEC.

Supreme Court

Washington Post: Supreme Court rejects attempt to trademark ‘Trump Too Small’

By Ann E. Marimow

.....The Supreme Court on Thursday rejected a California lawyer’s free-speech claim that he may trademark the double-entendre phrase “Trump Too Small” for use on T-shirts criticizing former president Donald Trump.

The Courts

Courthouse News: Republicans challenge party expenditure limits at Sixth Circuit

By Kevin Koeninger

.....The full Sixth Circuit will determine whether changes in the political landscape allow it to overrule Supreme Court precedent regarding limits on coordinated party spending in federal elections after arguments on Wednesday.

Ohio Senator J.D. Vance, the National Republican Senatorial Committee and former congressman Steve Chabot sued the Federal Election Commission in 2022, seeking to invalidate portions of the Federal Election Campaign Act of 1971 that "limit a party committees' campaign expenditures made in coordination with political candidates who are associated with the political party." They say that these spending limits violate the First Amendment.

LA Times (Daily Pilot): Federal appeals court upholds gun sales ban on state lands, re-holstering fairground shows

By Sara Cardine

.....A federal appeals court this week upheld legislation banning the sale of firearms and ammunition on state-owned properties in California, holstering plans for future gun shows at venues like Costa Mesa’s Orange County fairgrounds.

A three-judge panel of the U.S. 9th Circuit Court of Appeals in an opinion Tuesday dismissed claims made by gun show operators and proponents that such prohibitions violated the 1st and 2nd amendment rights of merchants and customers.

Daily Wire: Parents Group Challenges New York School District Over ‘Speech Codes’ On Pronouns

By  Leif Le Mahieu

.....A parental rights group filed a federal lawsuit on Wednesday accusing a New York school district of establishing “speech codes” that violate the First Amendment rights of conservative students, according to documents first shared with The Daily Wire.

The suit was filed by Parents Defending Education against Croton-Harmon Union Free School District north of New York City over its harassment and discrimination policies. It argues that the First and Fourteenth Amendment rights of students have been violated by the policies, which include requirements for students to use the “preferred pronouns” of others.

Courthouse News: Porn site operators sue Indiana attorney general over user age verification law

By Dave Byrnes

.....An international group of pornography website operators sued Indiana Attorney General Todd Rokita in federal court Monday, hoping to block a recent state law that requires users to prove they are over 18 before they can access adult content online

Congress

Breitbart: Mike Lee Proposes to Bar Democrat FCC Majority from Advancing AI Ad Rulemaking in Election Year

By Sean Moran

.....Sen. Mike Lee (R-UT) introduced a bill on Wednesday that would bar the FCC from making a rule regulating AI content in political ads which Republicans see as election interference.

The Utah senator introduced the Ending FCC Meddling In Our Elections Act, which would ban the FCC from issuing its proposed rule requiring election advertisers to disclose their use of AI-generated content in political ads.

Billy Gribbin, Lee’s communications director, said in a statement to Axios, “Sen. Lee supports transparency in the use of AI in campaign ads. However, he strongly opposes the idea of a Democrat-run federal agency single-handedly changing AI usage rules just months before one of the most consequential elections in our history.” ...

Sean Cooksey, the FEC chairman, wrote, “After opposition from me, @BrendanCarrFCC, and multiple U.S. Senators, now a new bill.”

Fox & Friends First (Video): House Republicans to hear testimony on NY v Trump trial

.....Federal Election Commissioner Trey Trainor and Missouri AG Andrew Bailey join 'Fox & Friends First' before the House Judiciary hearing, where both are slated to testify.

Link to hearing

Inside Philanthropy: Careful What You Wish For: House GOP Pushes Philanthropy Reform to Punish Liberal Donors

By Philip Rojc 

.....After decades of little to no change to the laws governing philanthropic giving, Congress has finally worked up an appetite for reform. The only problem: It’s all in service of partisan politics. 

Since the House Ways and Means Committee’s request for information on the “political activities” of tax-exempt charitable organizations last August, members of Congress have spent the better part of a year rattling the philanthropy establishment by repeatedly signaling their intentions to investigate what they characterize as the improper use of 501(c)(3) funding.

“Congress may need to consider closing growing loopholes that allow the use of tax-exempt status to influence American elections,” that initial letter read. “Additionally, we are concerned about the political activities that 501(c)(3) organizations may be engaging in, the relationships between 501(c)(3) and 501(c)(4) organizations, and the role of super PACS in this financial ecosystem.”

Now, as of last month, a raft of new bills are on the table to begin delivering on what the Ways and Means Committee portentously called a “potential need for legislative action.” Their purported aim: more transparency and stiffer guardrails around how tax-exempt money moves to politics-adjacent causes.

FEC

Newsweek: Joe Biden and Alvin Bragg Hit With New FEC Complaint

By Rachel Dobkin

.....Right-wing nonprofit America First Legal (AFL) filed a Federal Election Commission (FEC) complaint on Wednesday against President Joe Biden's reelection campaign and Manhattan District Attorney Alvin Bragg, who recently won a criminal trial against former President Donald Trump.

The States

RealClear Policy: How a Divisive Political Environment Inspired a Bipartisan Movement for Privacy

By Heather Lauer

.....Is privacy a lost cause in today’s world of doxing and digital surveillance? Not so fast, says a growing bipartisan movement of lawmakers and nonprofits.

Since 2018, 20 states have passed legislation to shield Americans’ names and home addresses when supporting nonprofit organizations. Known as the Personal Privacy Protection Act (PPPA), the law ensures that citizens are free to join, volunteer for, and donate to the causes they believe in without fear of harassment or intimidation from government officials or private actors. That, in turn, secures the right of nonprofits to pursue their missions and speak openly about their beliefs without risk of backlash against their members.

In an era of polarization and toxicity in politics, Democrats and Republicans are finding common ground in the defense of personal privacy and free speech.

Politico: North Carolina GOP pushes bill that could boost controversial nominee for governor

By Liz Crampton

.....The bill would allow national political groups to give unlimited amounts to state parties and affiliated political committees and work around campaign finance reporting requirements. These national groups, called 527 organizations, collect donations from individuals, corporations and labor interests, and route some of those funds to state political committees, who then give to preferred candidates.

Critics say the change allows wealthy donors to support candidates with untraceable donations by empowering state committees to act as intermediaries.