September 13, 2024

In the News

Straight Arrow News: Flag controversy in New Hampshire leads to federal lawsuit

By Craig Nigrelli 

.....The “Appeal to Heaven” or pine tree flag is in focus due to a dispute in New Hampshire. A Nashua woman formally requested to fly the flag on a flagpole outside city hall, but the mayor’s office refused to allow it, citing the city’s policy that a message will only be allowed if it is in harmony with messages the city endorses and wishes to express.

The Institute for Free Speech said the city’s position violates the First Amendment and censors free speech, and it’s supporting the woman’s lawsuit against the city in federal court.

The Courts

Courthouse News: In Karen Read case, First Circuit urges compromise on public protest

By Thomas F. Harrison

.....Police in Canton, Massachusetts — already under fire for supposedly framing Karen Read for the death of her police officer boyfriend — came under further attack in the First Circuit Wednesday for arresting citizens who peacefully protested about the case. But the judges seemed disinclined to rule on the issue and instead used the oral argument to urge the parties to resolve their dispute out of court.

“In Puerto Rico, where I’m from, there are a lot of protests,” U.S. Circuit Judge Gustavo Gelpí told the protesters’ lawyer, Marc Randazza. “It gets chaotic. There are a lot of First Amendment issues. Often, the protesters meet with the chief of police and reach an agreement.”

Gelpí, a Joe Biden appointee, then turned to the town’s lawyer, Douglas Louison of Boston's Louison, Costello, Condon & Pfaff, and suggested, “You could say, let’s meet and maybe have a happy ending. What would happen back home is, we’d end up having the police protecting the protesters and protecting other people too.”

Congress

Committee on House Administration (Video): Rep. Morelle's Comments on H.R. 9488 – Secure Handling of Internet Electronic Donations Act (SHIELD Act)

.....Ed. note: Rep. Morelle commented on H.R. 9488 – Secure Handling of Internet Electronic Donations Act (SHIELD Act), introduced by Rep. Steil, which would prohibit political committees from accepting contributions from debit or credit cards without the disclosure of the card verification value (CVV) and billing address associated with the card.  

The legislation would also prohibit the acceptance of contributions from gift cards, pre-paid credit or debit cards, or gift certificates. Finally, the SHIELD Act will prohibit aiding and abetting making a contribution in another person's name. 

The bill was approved by the committee.

Candidates and Campaigns

Mother Jones: Dark Money Group Targets Democratic Donors

By Dan Friedman, Abby Vesoulis, and Russ Choma

.....On August 1, people who had given money to the Democratic presidential ticket began getting ominous messages suggesting their identities may have been stolen. Some received texts from an unknown sender asking them to confirm recent donations. Others told Mother Jones that they received emails warning that their donations had been “flagged” and asking them to click a box to “verify” that they had really contributed the money—or to click “no” if they did not recall doing so.

One donor described the email he received as “mysterious, vague, and somewhat threatening.” That email, similar to the one pictured below, requested that he respond within “the next 24 hours.”

The recipients of these messages have something in common: they’re listed in federal campaign filings as having donated to Joe Biden or Kamala Harris using ActBlue, a ubiquitous online platform that makes it simple to contribute to a vast array of Democratic candidates and liberal causes. 

Wall Street Journal: Election Betting Is Going Mainstream After Major Brokerage Gets on Board

By Alexander Osipovich

.....Until a few days ago, election betting was banned by the federal government. Now it is set to reach millions of Americans…

U.S. District Judge Jia Cobb of the District of Columbia ruled  that the CFTC had overreached last year when it blocked the startup, called Kalshi, from launching the congressional-control markets. 

The CFTC—which has argued that such betting markets were unlawful and could harm the integrity of U.S. elections—filed an emergency motion to block Cobb’s ruling from taking force. 

In a hearing Thursday morning, the judge rejected the CFTC’s arguments and cleared the way for Kalshi’s launch. The CFTC appealed her ruling immediately after the conclusion of the hearing.

Wall Street Journal: How Elon Musk Secretly Tried to Oust a Texas Prosecutor

By Joe Palazzolo and Dana Mattioli

.....Elon Musk secretly channeled hundreds of thousands of dollars into a local race in Travis County, Texas, in an unsuccessful effort to unseat a prosecutor who had won the office with the backing of the investor and Democratic donor George Soros. 

A group primarily funded by the Tesla and SpaceX chief executive, which called itself Saving Austin, sent out fliers and texts and spent more than $650,000 on television ads attacking District Attorney José Garza in the Democratic primary race earlier this year, according to people familiar with Musk’s involvement, as well as Federal Communications Commission filings and corporate documents. 

The Verge: Taylor Swift endorses Kamala Harris in response to fake AI Trump endorsement

By Mia Sato

.....Taylor Swift said on Tuesday that she plans to vote for Vice President Kamala Harris in November’s presidential election — and that AI-generated images circulating of herself pushed her in part to make her support public.

“Recently I was made aware that AI of ‘me’ falsely endorsing Donald Trump’s presidential run was posted to his site. It really conjured up my fears around AI, and the dangers of spreading misinformation,” Swift wrote in an Instagram post. “It brought me to the conclusion that I need to be very transparent about my actual plans for this election as a voter. The simplest way to combat misinformation is with the truth.”

The States

Dallas Express: ‘Secret Speech Police’ Unleash New Powers to Target Campaign Violations

By Brandon Waltens, Texas Scorecard

.....The Texas Court of Criminal Appeals has ruled that the Texas Ethics Commission, often referred to as the “secret speech police,” must first review and investigate any complaints about campaign law violations before prosecutors can file criminal charges.

Rather than duly elected officials having the power to prosecute these cases, the decision now places that power in the hands of an unelected bipartisan board consisting of half Republicans and half Democrats.

Oklahoma Watch: State Seeks to Decertify Teacher Over 5-Year-Old Instagram Family Photo

By Jennifer Palmer

.....Regan Killackey was goofing around with his son and daughter in a party supply store in September 2019, snapping photos. His daughter put on a mask of Donald Trump. His son held up a silver plastic sword, and Killackey grimaced. 

Killackey, a high school teacher, posted the family photos to his personal Instagram. 

Five years later, in the days following the attempted assassination of Trump at a campaign rally, an anonymous tipster sent a screenshot of the Trump mask photo to the Oklahoma Department of Education with a description: “Posted picture on personal Instagram account of the fictitious stabbing of fake presidential candidate mask.”

The department took swift action, and filed to take away Killackey’s teacher certification — the harshest discipline the department can take against an educator. The proceedings are typically reserved for serious offenses, such as child abuse, predatory behavior or criminal charges.

Oregon Live: Portland Public Schools quietly adopts rule barring teachers from ‘political or personal’ classroom displays

By Julia Silverman

.....A new rule governing what Portland Public Schools educators are — and are not — allowed to put on the walls of their classrooms is drawing pushback from its vocal teachers’ union.

Under the rule, items on display in classroom walls and bulletin boards must be related to approved curriculum or district sponsored events. The rules specify that classroom spaces “cannot be used for an employee’s personal expression, whether that is related to a political or personal issue.”

Reason (Volokh Conspiracy): Probation Condition Requiring Defendant to Remove "F Officer Rose" from His Car

By Eugene Volokh

.....From Monday's decision in City of Conneaut v. Wick, decided by the Ohio Court of Appeals, in an opinion by Judge Robert Patton, joined by Judge Mary Jane Trapp: