January 15, 2025

Supreme Court

Wall Street Journal: Porn Sites, Age Verification, and the Supreme Court

By The Editorial Board

.....Does the First Amendment mean internet porn sites can’t be required to verify that their users are 18 years or older? Tune in Wednesday, as the Supreme Court hears Free Speech Coalition v. Paxton.

The Courts

ABC 33/40: Alabama students and educators file lawsuit challenging law defunding DEI programs

.....A coalition of Alabama students and educators filed a federal lawsuit challenging Senate Bill 129 (SB129).

SB129, which was passed last year, prohibits public entities from having Diversity, Equity, and Inclusion (DEI) offices and from sponsoring DEI programs.

The lawsuit, filed by the American Civil Liberties Union (ACLU) of Alabama, and the Legal Defense Fund (LDF), claims that SB129 violates the First Amendment by imposing viewpoint-based restrictions on speech and the allocation of university resources.

The group argues the law restricts the ability to learn and teach about diverse viewpoints in public universities.

DOJ

Nonprofit Law Prof Blog: DOJ Proposes New FARA Regulations Significantly Impacting Nonprofits

By Darryll K. Jones

.....On January 2, 2025, DOJ posted proposed amendments to the regulations implementing the Foreign Agents Registration Act. The proposed amendments are of significant interests to nonprofits because they focus on 22 USC 613(d) and (e), which articulate exemptions from the FARA requirements for the following:

Wall Street Journal: A Letter to Merrick Garland

By Bob Livington

.....Your time in office won’t run out a moment too soon. You will be remembered as a tool in the Democratic Party’s strategy of misusing the Justice Department to visit injustice on innocent people with differing political views. I am a victim of your dysfunctional leadership, but unlike many of your targets, I have survived unscathed.

I am 81. At the outset of my career, I enlisted in the U.S. Navy and served on active duty for two years, followed by an additional four in the reserves. When I returned to civilian life, I completed my undergraduate studies and law school. After some years of private practice, I successfully served as a prosecutor in three separate government offices.

I was then elected to Congress, where I served for 22 years. Shortly thereafter I created and ran the Livingston Group, a lobbying firm. For 25 years we represented defense, education, energy, health and corporate clients of all kinds. We also represented international clients, private and sovereign, but only if we were assured their interests coincided with those of the U.S.

In 2022 two Federal Bureau of Investigation agents came to my home in New Orleans and questioned me about incidents involving our representation of an international client in 2018. Having nothing to hide, I spoke with them for 2½ hours.

Free Expression

Reason (Volokh Conspiracy): "Free Speech and Private Power"

By Eugene Volokh

.....I have a short essay with this title in the Harvard Law Review Forum, responding to the Harvard Law Review's publication of Evelyn Douek & Genevieve Lakier's excellent new article, Lochner.com? I actually agree with much of what Douek & Lakier say, but offer a somewhat different perspective on the matter. Here's the Introduction; I'll likely also post excerpts from the piece in coming days.

Independent Groups

Axios: Scoop: Liberal dark money group plays both sides on RFK Jr.

By Hans Nichols

.....A progressive group that bolstered Robert F. Kennedy Jr. during the 2024 presidential campaign is also supporting a new war room that wants to scuttle his nomination for Health and Human Services Secretary.

The two tracks of support from the Sixteen Thirty Fund — which can accept unlimited and anonymous contributions— show how the dark money group takes a flexible approach to countering President-elect Trump's MAGA agenda.

Nonprofits

People United for Privacy: Foiled AIPAC Attacker Shows Risk to Nonprofit Advocacy Groups

By Luke Wachob

.....The FBI recently announced that agents disrupted an alleged plot to attack the south Florida offices of the American Israel Public Affairs Committee (AIPAC). The foiled attack, which was motivated by frustrations with the organization’s political influence, highlights the dangers that exist for advocacy groups and their supporters. It also reminds us of the importance of combatting mistaken beliefs about undue influence of “money in politics”. The widespread but unsupported belief that certain groups can exercise corrupt control over the government through political spending can tragically motivate not only misguided proposals for reform, but also acts of violence.

The Media

New York Times: News Outlets Take Unusual Steps to Prepare for Onslaught From Trump

By David Enrich and Katie Robertson

.....Reporters and editors at national newspapers are increasing their reliance on encrypted communications to help shield themselves and their sources from potential federal leak investigations and subpoenas.

Multiple media organizations are evaluating whether they have enough insurance coverage to absorb a potential wave of libel and other litigation from officials who have already shown an inclination to file such suits.

Racket News: Head of Infamous "Information Disorder" Commission Promoted at NPR

By Matt Taibbi

.....Amid a busy news day Monday, a familiar figure was named Chief Operating Officer of National Public Radio. Ryan Merkley, who directed the Aspen Institute’s Commission on Information Disorder and also appeared in the Twitter Files as Wikimedia’s liaison to “Industry Meetings” with federal law enforcement, was elevated to the job by NPR president/Titania McGrath clone Katherine Maher.

“Throughout his career Ryan has demonstrated a commitment to the public trust, leading organizations that prioritize universal access to the common good,” Maher said Maher, perhaps best-known for describing the First Amendment as the “number one challenge” that makes it “tricky” to remove content.

The States

Maine Morning Star: Maine Legislature eyes campaign finance reforms as courts weigh voter-backed referenda

By Emma Davis

.....While Maine voters have overwhelmingly passed laws in the past two general elections to place stricter regulations on money in politics, those reforms have so far been blocked as legal battles play out in the courts.

Despite those obstacles, Maine lawmakers from both sides of the aisle and advocates are planning to introduce new reforms, or kickstart long-standing efforts, though there remains some disagreement on the best path forward for better regulating political spending.

WVTF: Virginia lawmakers to again consider the state's very loose campaign finance laws

By Michael Pope

.....Campaign finance reform is on the agenda again for members of the General Assembly this year.

Campaign finance laws in Virginia are notoriously permissive. Candidates have no limits on how much money they can raise or what they use it for. Delegate Joshua Cole is a Democrat from Fredericksburg and a member of the Legislative Black Caucus. He announced his bill this way during a caucus press conference.

"Rolex. Ferragamo. OnlyFans. These are things that are not illegal for you to use your campaign money on in the Commonwealth of Virginia," he said. "Somebody say, ‘whoa.’ "

That's why he wants to prohibit personal use of campaign funds. But what, exactly, counts as personal use? Senator Tammy Mulchi is a Republican from Mecklenburg who says the legislation goes too far.

"Of course, I don't think we should use any of our fundraising funds for any personal use," Mulchi explains. "But I just don't see why you take it down to like we can't eat a piece of pizza with our staff if we buy them a pizza on the campaign funds. That's an extreme, ridiculous example of what that legislation would do."

GBH: ACLU of Mass. urges higher ed institutions to expand free speech protections

By Hannah Loss

.....The ACLU of Massachusetts sent a letter to all college and university presidents across the state, urging them to protect free speech on their campuses. It was written, in part, as a response to schools changing their speech policies after a year of student protests about the Israel-Hamas war.