January 29, 2025

New from the Institute for Free Speech

Comments to the FEC on the Bipartisan Campaign Reform Act

.....On January 28, 2025, the Institute for Free Speech wrote comments to the Federal Election Commission explaining that the mere transfer of funds (regardless of amount, percentage, or timing) from a federal candidate’s or officeholder’s campaign committee or leadership PAC to a “soft-money” entity does not trigger the so-called “soft-money ban” under the Bipartisan Campaign Reform Act.

Read a PDF of the comments here.

The Courts

Courthouse News: Ex-California congressman loses bid to revive defamation suit against Esquire magazine

By Rox Laird 

.....Former California Congressman Devin Nunes lost his bid at the Eighth Circuit U.S. Court of Appeals Monday to revive his and his family’s defamation suits in Iowa federal court against political reporter Ryan Lizza and Esquire magazine. The court of appeals affirmed a 2023 U.S. district court ruling granting summary judgment to Lizza and the magazine.

Newsday: Newsday to sue Nassau County, Blakeman over alleged First Amendment violations

By James T. Madore

.....Newsday intends to file a lawsuit against Nassau County government for allegedly violating the media company’s First Amendment rights by removing its designation as the county’s official newspaper.

The news organization alleges that stripping Newsday of its county newspaper status was in retaliation for Newsday publishing news and editorials that county officials considered unfavorable, according to a notice of claim and complaint made public on Tuesday.

ACLU of South Carolina: ACLU of South Carolina challenges death penalty secrecy law

.....The American Civil Liberties Union of South Carolina has filed a federal lawsuit asking the court to remove a shroud of secrecy around South Carolina’s death penalty.

The new federal lawsuit challenges the constitutionality of the 2023 secrecy statute that forbids the publication of information about the procurement of lethal injection drugs, among other key information regarding the death penalty.

The lawsuit argues that the law bars public access to “a vast swath of information” — both current and historical — “related to execution-related drugs and/or equipment, including procurement; repairs and maintenance done after acquiring the drugs or equipment; protocols; risk mitigation measures; compliance with state and federal regulations; and cost.” …

Today’s lawsuit argues that the South Carolina law chills political speech. Rather than persuade the public and pharmaceutical companies that it is moral to purchase poison for the purpose of executing South Carolinians, leading politicians have instead sought to suppress speech that they find inconvenient. To quote from today’s complaint:

Forbes: States And Nonprofits Suing Trump Over ‘Catastrophic’ Pause In Federal Funding: ‘Immediate Nationwide Harm’

By Alison Durkee

.....Coalitions of Democratic state attorneys general and nonprofits announced lawsuits against President Donald Trump’s administration Tuesday over its guidance temporarily pausing nearly all federal assistance, the first in what’s expected to be a series of lawsuits taking aim at the guidance as legal experts argue it’s unlawful…

The nonprofits say the guidance should be overturned because it violates the Administrative Procedure Act, arguing it is “arbitrary and capricious,” exceeds the agency’s authority and is contrary to the First Amendment.

The groups argue that nonprofits like those that advocate for left-leaning causes like LGBTQ rights may have their funding stripped under the new guidance because of those views.

Free Expression

Gizmodo: You Can Fire Off Hot Takes With Confidence Thanks to ‘Cancel Culture Insurance’

By AJ Dellinger

.....Out for insurance companies in 2025: providing coverage for people whose homes are in the path of natural disaster. In: offering coverage for celebrities and executives who get dragged for bad tweets. Insurance agency Samphire Risk is creating “cancel culture” insurance for those who fear the woke mob may one day come for them, according to a report from the Financial Times.

AP News: Free speech organizations denounce Education Department’s calling book bans a ‘hoax’

By Hillel Italie

.....Organizations that track the removal of books from schools and libraries are denouncing a Department of Education announcement that called bans a “hoax” and dismissed 11 complaints that had been filed during the Biden administration. A conservative group praised the department’s actions as “welcome news.” …

“The department is beginning the process of restoring the fundamental rights of parents to direct their children’s education,” the department’s acting assistant secretary for civil rights, Craig Trainor, said in a statement. The DOE’s announcement is headlined: “U.S. Department of Education Ends Biden’s Book Ban Hoax.” …

Nicole Neily, president of Parents Defending Education, said the department’s ending investigations into “so-called ‘book-banners’” was “welcome news.”

“For years, parents have said they deserve to know if sexually explicit materials were available to young children, and they were maligned by the media and the Biden Administration for it,” she added.

Nonprofits

Nonprofit Law Prof Blog: Brunson, Robot Philanthropy

By Samuel D. Brunson

.....Almost four years ago, I wrote a series of blog posts (starting with this one) talking about the idea of decentralized autonomous organizations as tax-exempt organizations. In the ensuing years, I wrote one article about the tax entity status of DAOs (largely as a way of figuring out what DAOs were), and I've finally gotten to the article about DAOs as tax-exempt organizations: Robot Philanthropy.

If you're interested, I'd love to hear your thoughts on it! (Also, the title. Some colleagues suggested I drop the part after the colon: "DAOs and the De-Humaning of Charity(?)") Abstract below:

The States

New Jersey Monitor: Bill Spadea has improperly benefited from radio show, rival claims in governor’s race row

By Nikita Biryukov

.....Attorneys for gubernatorial candidate Jack Ciattarelli called on New Jersey’s campaign finance watchdog to withhold matching funds from rival Bill Spadea, arguing that Spadea’s campaign has improperly reaped benefits from his morning radio show.

The complaint filed Tuesday revives protests made months ago by Ciattarelli and another gubernatorial hopeful, Sen. Jon Bramnick (R-Union), that claimed Spadea’s daily presence on New Jersey 101.5 amounted to in-kind contributions from the station’s owner worth hundreds of thousands of dollars in violation of contribution limits and other rules on New Jersey’s gubernatorial public financing program.

WLNS: Michigan GOP files campaign finance complaint against Secretary of State

By Shajaka Shelton

.....The Michigan Republican Party has filed a complaint against Secretary of State Jocelyn Benson, alleging that her choice of campaign press conference venue violated state election law.

Benson formally announced her bid for governor last week in a press conference held in the lobby of the Richard H. Austin Building, a building that houses Secretary of State offices on its fourth floor.

Daily Wire: Colorado School Board Could Allow Teachers To Fly BLM, Transgender Flags In Classroom

By Mairead Elordi

.....A Colorado school district could soon let teachers fly Black Lives Matter and transgender flags in the classroom, but not make other political statements.

The Durango School District 9-R’s school board is set to consider two resolutions that support displaying the “Progress Pride” and BLM flags in classrooms and double down on DEI and gender ideology. The district banned all political flags in September, when a parent filed a complaint claiming the BLM and transgender “Pride Progress” flags in their child’s classroom are “political symbols” that “indoctrinate students.”

Minnesota Star Tribune: Lakeville school board votes to remove ‘inclusive poster series’

By Mara Klecker

.....After hours of debate, a series of amendments and interruptions from the crowd, the Lakeville school board voted 4-3 to remove a series of “inclusive” posters from school buildings. They will be replaced with posters aimed at promoting academic excellence, the board decided…

The posters are also at the center of an ongoing legal dispute:

In June, the Eighth Circuit U.S. Court of Appeals reinstated a case alleging that Lakeville Area Schools discriminated against parents who were critical of the district’s “Black Lives Matter” posters. Parents had requested but couldn’t get Blue Lives Matter posters installed.

The dispute began in 2020, when district leaders initially directed Lakeville teachers not to display “Black Lives Matter” signs, citing a goal of maintaining political neutrality.

Then, months later, the district approved the inclusive poster series, which features two designs that say “Black Lives Matter.” At the bottom of those two posters is a message in smaller print that reads, “At Lakeville Area Schools, we believe Black Lives Matter and stand with the social justice movement this statement represents. The poster is aligned to School Board policy and an unwavering commitment to our Black students, staff and community members.”