Email from The Institute for Free Speech The Latest News from the Institute for Free Speech February 20, 2025 Click here to subscribe to the Daily Media Update. This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected]. In the News People United for Privacy: FEC Moves to Protect Donors from Harassment By Brian Hawkins .....Writing on behalf of the Institute for Free Speech (IFS), a First Amendment-focused public interest litigation firm, former FEC Chairman Bradley A. Smith and IFS Senior Fellow Eric Wang offer constructive feedback in a public comment on the proposal. While generally praising the proposed rule, IFS encourages the FEC to advance a broader exemption from publicly disclosing donor information to fully encompass the reporting exemption first recognized by the U.S. Supreme Court in Buckley v. Valeo. Specifically, IFS suggests four key revisions to maximize the First Amendment promises of Buckley’s recognition of the dangers of disclosure. First, IFS proposes that a donor’s name should also be eligible for redaction from disclosure reports. Second, reporting committees and organizations as a whole, not just individual donors, should also be eligible for a disclosure exemption. Third, the FEC should redact donor information not only from previously filed reports but also from all future reports for the duration of the donor’s granted exemption. Finally, IFS suggests that payees, like staff and vendors, who receive disbursements from exempted committees should also benefit from redaction. IFS’s comments emphasize that the FEC possesses both the authority and the obligation to implement such rules, to ensure that reporting requirements do not infringe upon First Amendment rights by subjecting contributors to potential threats, harassment, or reprisals. By adopting these recommendations, the FEC would better align its regulations with constitutional protections for associational privacy. Forbes: The Texas Anti-SLAPP Law May Be Neutered For All The Wrong Reasons By Jay Adkisson .....For instance, and despite research from the Institute for Free Speech which indicates that lower court judges very frequently commit error in hearing Anti-SLAPP motions, one Bill introduced in the Texas legislature would do away with the stay of a case while the denial of a motion is appealed, compounding the impact of abusive litigation filed in derogation of free speech rights. This means that a defendant faced with abusive litigation to stifle their free speech rights who has received a bad ruling from a Texas district court judge would have to continue to fight off the abusive litigation even if the ruling is later reversed. Similarly, another Bill would change the award of attorney fees from mandatory to only discretionary for the defendant who has fought off abusive litigation to stifle their free speech rights. This removes what has proven to be a powerful deterrent to abusive litigants who bring SLAPP ("Strategic Lawsuits Against Public Participation") suits in the first place. In fact, it would create a bounty for SLAPP plaintiffs. The court would have unlimited discretion to award fees if the lawsuit is covered by the TCPA. Supreme Court Reason (Volokh Conspiracy): Two Free Speech/Gender Identity/Sexual Orientation Cert. Petitions that the Court Will Consider Friday By Eugene Volokh .....In L.M. v. Town of Middleborough (briefs at link, if you're interested), the question presented is: … In Chiles v. Salazar (briefs at the link), the question presented is… The Courts New York Times: Trump Media Group Sues Brazilian Judge Weighing Arrest of Jair Bolsonaro By Jack Nicas .....President Trump’s media company sued a Brazilian Supreme Court justice on Wednesday, accusing him of illegally censoring right-wing voices on social media. The unusual move was made all the more extraordinary by its timing: Just hours earlier, the Brazilian justice had received an indictment that would force him to decide whether to order the arrest of Jair Bolsonaro, the former Brazilian president and an ally of Mr. Trump. The justice is overseeing multiple criminal investigations into Mr. Bolsonaro. The Trump Media & Technology Group — which is majority owned by Mr. Trump and runs his Truth Social site — sued the Brazilian justice, Alexandre de Moraes, in U.S. federal court in Tampa, Fla., on Wednesday morning. Joining as a plaintiff was Rumble, a Florida-based video platform that, like Truth Social, pitches itself as a home for free speech. Bloomberg Tax: Corporate Transparency Act Block Lifted After SCOTUS Ruling By John Woolley .....The last remaining nationwide block against enforcement of the Corporate Transparency Act was stayed by a Texas district court pending the government’s appeal to the Fifth Circuit. The CTA and its implementing regulations, which require millions of US business entities to report their beneficial ownership information to the Treasury Department’s Financial Crimes Enforcement Network, had been on ice after courts successively enjoined the law’s enforcement throughout December and January. Judge Jeremy D. Kernodle of the US District Court for the Eastern District of Texas on Feb. 17 stayed his order blocking the law in light of the US Supreme Court’s order in a separate challenge, McHenry v. Texas Top Cop Shop, Inc. Ed. note: Read more about CTA's First Amendment implications from People United for Privacy. Reason (Volokh Conspiracy): Short Circuit: A Roundup of Recent Federal Court Decisions By John Ross .....Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice… Back in 1997, Austin, Tex. made it illegal for candidates for city office to raise campaign contributions more than six months before the general election. Fifth Circuit (2018): That violates the First Amendment. Austin: Okay, what if we extend it to a year? Fifth Circuit (2025): Still unconstitutional. Fox News: Trial begins for political consultant accused of sending AI-generated robocalls mimicking Biden By Michael Dorgan .....The trial has begun of a Democratic political consultant who has admitted to sending artificial intelligence (AI) generated robocalls mimicking President Biden ahead of the 2024 New Hampshire primary. Steve Kramer faces a $6 million fine and more than two dozen criminal charges after he hired a magician to create a deepfake of President Biden urging New Hampshire voters not to participate in the primary. The fines, proposed by the Federal Communications Commission (FCC), are the first involving AI technology. Reason (Volokh Conspiracy): There Was No Quid Pro Quo in the Mayor Adams Case. Period. By Paul Cassell .....I blogged this morning about the Justice Department's motion to dismiss the pending federal charges against Mayor Adams. In my post, I criticized those who argued that there was a "quid pro quo" for the dismissal motion. See, e.g., this VC post by David Post. I explained that the Department's motion to dismiss did not provide any conditions on the dismissal. And I argued that there was no proof of a quid pro quo, and any such deal seemed unlikely. In breaking news, powerful new support for my conclusion was just filed today on the docket of the criminal case. In a letter to Judge Ho, Mayor Adams's well-regarded criminal defense attorneys—Alex Spiro and William A. Burck of the well-regarded national law firm, Quinn Emanuel—have denied any quid pro quo directly. Discussing the January 31, 2025, presentation made by the defense, they state unequivocally: The Media The Independent: Judge orders Mississippi newspaper to delete editorial criticizing public officials By Alex Woodward .....First Amendment lawyers and press freedom advocates are sounding alarms after a Mississippi newspaper was forced by a judge to delete an editorial criticizing city officials in Clarksdale. The city sued the publishers of the Clarksdale Press Register over an editorial from February 8, which criticized officials for failing to notify the public about a hearing on proposed tax increases. On Tuesday, without a hearing to review the allegations, Hinds County Chancery Court Judge Crystal Wise Martin ordered the newspaper to “remove” the column from its website. In her order, the judge noted that the case involves allegations of “defamation against public figures through actual malice in reckless disregard of the truth and interferes with their legitimate function to advocate for legislation they believe would help their municipality during this current legislative cycle.” The editorial was removed from the newspaper’s website on Wednesday. FEC CLC: NEW: Campaign Legal Center Files FEC Complaint Over Mayor Eric Adams’ Violations of the Ban on Foreign Election Interference .....Today, Campaign Legal Center (CLC) filed a complaint with the Federal Election Commission (FEC) to investigate New York City Mayor Eric Adams, who allegedly solicited and directed foreign nationals to illegally contribute to his 2021 and 2025 campaigns for mayor of New York City — this includes arrangements to use U.S. citizens as “straw donors” to conceal the foreign sources of the campaign contributions. By doing so, Adams and his foreign contributors evaded federal laws prohibiting foreign spending on U.S. elections. While the U.S. Department of Justice (DOJ) has abandoned its duty to pursue justice and accountability for this corrupt scheme, the FEC is in a unique position to step up and fulfill its responsibility to safeguard our elections from foreign influence. Congress Nonprofit Law Prof Blog: Two New Bills Target Migrant Serving Nonprofits As The Mean Season Continues By Darryll K. Jones .....A PR from Senator Bill Haggerty: “It’s absurd that our federal government has been giving tax exemptions and federal funding to NGOs that have helped facilitate record illegal immigration and carry out the far-left’s agenda, while cloaked as charities,” said Senator Hagerty. “President Trump’s executive order requiring a review of federal funding to NGOs will expose this malpractice that has occurred for too long. I’m pleased to introduce this legislation that will augment the President’s work to hold these NGOs accountable by revoking their tax-exempt statuses.” Haggerty's bill in the Senate aims to revoke tax exemption for charities that feed, shelter, or in just about any other fashion lend a hand to unauthorized migrants. Here is what 501(c)(3) would look like if the bill passed: Candidates and Campaigns Idaho Mountain Express: Money matters, but it’s not destiny By Heather Lauer .....Recent guest opinions portray Republicans as having an unstoppable fundraising juggernaut, contrasted with a supposedly altruistic and modest Democratic donor network. This distorted view of American politics ignores reality. During the 2024 election cycle, Democrats outraised Republicans at nearly every level. In the presidential race alone, Kamala Harris’ campaign and allied groups pulled in $2 billion, surpassing Donald Trump’s $1.45 billion. Democratic candidates also outpaced Republicans in combined fundraising for both the Senate and House. This trend repeats in many state races. The notion that “money guarantees victory and influence” collapses under even simple scrutiny… Money matters, but it’s not destiny. Elections are won through ideas, organization and voter engagement—not just dollars. The States Ballot Access News: Idaho Bill to Require That Any Person Who Spends Any Amount of Money on Speech Advocating Election of a Candidate Must Identify Self By Richard Winger .....The Idaho House State Affairs Committee has introduced HB 259. It says that any person who spends any amount of money whatsoever for a message advocating the election or defeat of any candidate, or any ballot measure, must identify the person responsible for the mssage. Furthermore, the political party of the person responsible for the message must be disclosed. The bill covers newspapers, magazines, websites, text messages, yard signs, bumper stickers, pamphlets, display cards, posters, and buttons. Here is the text. The bill appears to be unconstitutional under the 1995 U.S. Supreme Court decision McIntyre v Ohio Election Commission. Washington Post: Bills to ban personal use of campaign funds clear Virginia legislature By Laura Vozzella .....The Virginia House and Senate voted unanimously Wednesday to tighten Virginia’s notoriously loose campaign-finance laws by banning the personal use of campaign funds, something already banned in 48 states and in federal contests. Passage of the twin House and Senate bills represents a breakthrough for a push that began in 2014 amid a gifts scandal involving former governor Robert F. McDonnell (R) and his wife, Maureen. Bills to prohibit using campaign coffers as personal piggy banks have been filed in Richmond every year since 2014 but never made it out of the General Assembly until now. The measures now head to the desk of Gov. Glenn Youngkin (R). Del. Mike A. Cherry (R-Colonial Heights) told reporters at a news conference hours ahead of the vote that Youngkin’s office had assured him that the governor is “generally supportive of the idea.” Youngkin spokesman Christian Martinez told The Washington Post only that the governor “will review any bills that come to his desk.” Read an article you think we would be interested in? Send it to Tiffany Donnelly at [email protected]. For email filters, the subject of this email will always begin with "Institute for Free Speech Media Update." The Institute for Free Speech is a nonpartisan, nonprofit 501(c)(3) organization that promotes and defends the political rights to free speech, press, assembly, and petition guaranteed by the First Amendment. Please support the Institute's mission by clicking here. For further information, visit www.ifs.org. 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