March 13, 2025

New from the Institute for Free Speech

Statement of David Keating before Kansas Senate Committee on Local Government, Transparency and Ethics

.....On March 12, 2025, Institute for Free Speech President David Keating gave testimony before the Kansas Senate Committee on Local Government, Transparency and Ethics to discuss SB 286 and highlight suggested changes to the state’s lobbying law to align the law more closely with the definitions in federal lobbying law at 2 U.S. Code §1602.

Read a PDF of the full testimony here.

Watch the full presentation below:

Supreme Court

National Review: Chiles v. Salazar Highlights a Significant First Amendment Issue and Blue-State Contradictions

By Carrie Campbell Severino

.....On Monday the Supreme Court granted certiorari in Chiles v. Salazar, a case involving a licensed counselor and practicing Christian who challenges Colorado’s ban on so-called “conversion therapy.” The relevant state law bars counseling conversations with minors that help them deal with unwanted same-sex attraction or that encourage children to accept the sex they were born with. It simultaneously permits conversations that offer “[a]cceptance, support, and understanding for . . . identity exploration and development.” The law obviously imposes viewpoint restrictions, as the question presented recognizes: “Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the Free Speech Clause.”

The Courts

Courthouse News: Seventh Circuit revives Chicago law professor’s free speech retaliation claim against university officials

By Dave Byrnes

.....A three-judge Seventh Circuit appellate panel partially sided with a University of Illinois Chicago law professor on Wednesday, reversing a lower court's dismissal of his First Amendment retaliation claim against several current and former university administrators.

The appellate panel found UIC law professor Jason Kilborn had plausibly shown he suffered adverse employment actions over protected speech.

"The district court found that Kilborn’s speech was not constitutionally protected and dismissed his claim. We conclude that Kilborn has plausibly alleged that his speech is constitutionally protected and reverse the dismissal of his claim," U.S. Circuit Judge Thomas Kirsch, a Donald Trump appointee, wrote in the panel's 25-page opinion.

Congress

Breitbart: Hawley: ‘It’s Time to Blow the Lid off the Dark Money Operation of the Left’

By Jeff Poor

.....On Monday on FNC’s “Jesse Watters Primetime,” Sen. Josh Hawley (R-MO) reacted to recent vandalism against Elon Musk’s Tesla brand.

Hawley told Fox News host Jesse Watters so-called “dark money” needed to be exposed for its possible role in these attacks.

Watters said, “Missouri Senator Josh Hawley is here. How seriously is Washington taking these, it looks like domestic terror attacks against Tesla?”

“Well, it ought to be serious, particularly if you follow the money, as you were just pointing out, Jesse,” Hawley replied. “I mean really, it’s time to blow the lid off the dark money operation of the left. They’ve been doing this for years. They’ve been funding all kinds — whether we’re talking about terrorism on campuses, the pro-Hamas terrorists, whether we’re talking about these attacks on Tesla, whether we’re talking about what’s happened with people’s homes, the Justices’ homes of the Supreme Court, for instance, all of that is AstroTurf left funded garbage. We ought to find out where all of it is coming from.”

Trump Administration

New York Times: Trump Pardons Ex-Tennessee State Senator Imprisoned for Campaign Fraud

By Neil Vigdor

.....President Trump has pardoned an imprisoned former Tennessee state senator who was two weeks into a 21-month sentence for his role in a campaign finance fraud scheme.

Inmate records show that the former lawmaker, Brian Kelsey, a Republican, was released from a minimum-security satellite camp at FCI Ashland in Kentucky on Tuesday, the same day, his lawyer said, that he received a clemency letter from the president. The lawyer, Joy Longnecker, provided a copy of the letter to The New York Times on Wednesday.

Federal prosecutors charged Mr. Kelsey in 2021 with five criminal counts that stemmed from his failed 2016 congressional bid, to which, they said, he had illegally funneled money. He pleaded guilty in 2022 in an arrangement with prosecutors, but he later tried to withdraw from it — a motion that was denied.

Federal prosecutors accused Mr. Kelsey of trying to hide the movement of $91,000 to support his congressional bid, $66,000 of which they said came from his State Senate campaign committee. They also said that he had illegally coordinated with an outside group to make independent political expenditures in support of his campaign.

Mr. Kelsey, 47, repeatedly blamed his legal predicament on what he said had been the weaponization of the Justice Department during the Biden administration, echoing a favorite line of Mr. Trump during his political comeback.

“God used Donald Trump to save me from the weaponized Biden DOJ,” Mr. Kelsey wrote Tuesday on X, announcing that he had received a pardon.

Bloomberg Law (Exclusive Jurisdiction): Curbing DEI Excesses by Limiting Free Speech Is Shortsighted

By David Lat

.....On March 3, Martin sent a letter to William Treanor, dean of Georgetown University Law Center since 2010. Martin wrote, “It has come to my attention reliably that Georgetown Law School continues to teach and promote DEI. This is unacceptable.”

Martin didn’t bother explaining what exactly he meant by “DEI.” Despite this lack of clarity, he posed two questions to Treanor: “First, have you eliminated all DEI from your school and its curriculum? Second, if DEI is found in your courses or teaching in anyway, will you move swiftly to remove it?”

Martin then declared that “no applicant for our fellows program, our summer internship, or employment in our office who is a student or affiliated with a law school or university that continues to teach and utilize DEI will be considered.”

Treanor, who happens to be a scholar of constitutional law as well as a long-serving dean, responded to Martin with a forceful letter of his own—a vigorous defense of free speech and academic freedom.

The First Amendment “guarantees that the government cannot direct what Georgetown and its faculty teach and how to teach it,” Treanor explained. In light of this “bedrock principle of constitutional law,” Treanor wrote to Martin, “the constitutional violation behind [your] threat is clear, as is the attack on the University’s mission as a Jesuit and Catholic institution.”

The Guardian: Fears mount over Kash Patel’s use of FBI to persecute leftwing protest groups

By Ben Makuch

.....Fears are mounting that Kash Patel, an outspoken Maga disciple and newly appointed director of the FBI, will make good on past comments about crackdowns on anti-fascists and Black Lives Matter protesters.

For years, Donald Trump has also called for designating “Antifa” or more broadly, all anti-fascist activists – as an official domestic terrorist organization. While that has not materialized into official policy, Trump’s top national security leaders at the FBI, CIA and the Pentagon are all hardcore loyalists intent on carrying out his political agenda.

Even from inside the FBI, an anonymous agent has publicly warned that the domestic counter-terrorism strategy could switch from inquiries against the hyper-violent far right to leftwing protest movements.

Wall Street Journal: Trump, Perkins Coie and John Adams

By The Editorial Board

.....As he campaigned for a second term, Donald Trump often said his retribution against opponents would be “success.” But now that he’s back in power, it’s clear the President’s definition of success includes retribution.

That’s the only way to read his extraordinary executive orders targeting big Washington law firms for federal punishment and investigation. Mr. Trump’s decision to use government power to punish firms for representing clients breaks a cornerstone principle of American justice going back to John Adams and the Founders.

The Media

Semafor: In reversal, NPR permits anchor to attend Pride event

By Max Tani

.....National Public Radio dissuaded one of its most visible gay employees from attending a corporate LGBTQ Pride event, as the Trump administration and congressional Republicans put pressure on the public broadcaster.

FCC

Fox News: Fair Election Fund urges FCC to hold CBS accountable for 'unlawful conduct’ related to ’60 Minutes’ interview

By Brian Flood

.....The Fair Election Fund, a national election integrity watchdog group, urged the Federal Communications Commission to "hold CBS accountable for its unlawful conduct" related to the infamous "60 Minutes" interview with then-Vice President Kamala Harris. 

Trump has alleged election interference over CBS' handling of a "60 Minutes" interview, and feels the network aided his Democratic rival, then-Vice President Kamala Harris, through deceptive editing one month before they faced off in the presidential election. The October 2024 sit-down with Harris has been at the center of controversy for months, with Trump taking legal action and FCC chairman Brendan Carr forcing CBS to release an unedited transcript and raw footage. 

FEC

New Jersey Globe: FEC torn on limiting Sherrill’s, Gottheimer’s ability to put federal campaign money into gubernatorial super PACs

By Joey Fox

.....In January, Rep. Mikie Sherrill (D-Montclair) submitted a request for an advisory opinion from the Federal Election Commission (FEC) asking whether she – or other federal officeholders running for New Jersey governor like Rep. Josh Gottheimer (D-Tenafly) – could transfer unlimited funds from her congressional campaign account into a super PAC supporting her campaign for governor. The FEC seems to be of two minds about that question.

Sherrill received two draft opinions from the FEC: one of them reaffirms a pre-existing opinion from 2006 advising federal candidates that contributions from their federal accounts can only comprise 25% of an independent expenditure group’s receipts, while the other said that it did not have enough information to make a determination. Both draft opinions, however, assert that in general, contributing to a super PAC is an acceptable use of federal campaign funds.

In light of the conflicting opinions and the potential for a longer battle, Sherrill said she is withdrawing her request for an opinion.

“Based on the Commission’s two draft opinions, it is unfortunate but clear that there will not be unanimous agreement among the remaining commissioners on a final version,” states a letter from Jon Berkon and Jonathan Peterson, the counsel representing Sherrill and her leadership PAC, Gateway to Leadership. “Because additional time and resources are unlikely to change this reality, Representative Sherrill reluctantly withdraws the request.”

Ed. note: Read our comments to the FEC 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 here.

Independent Groups

Politico (New Jersey Playbook):Duplicate Gottheimer super PACs

By Matt Friedman

.....I’m sorry if I sound like a broken record here, but that’s because something more important is broken: The campaign finance system. How else could you explain the emergence of a second pro-Josh Gottheimer super PAC that has the same staff as another Gottheimer super PAC and is airing the exact same ads?

The new super PAC, No Surrender — likely named after a song by Bruce Springsteen, who Gottheimer loves so much he faked a Spotify Wrapped to show it — has its filing received by ELEC on Tuesday. By Wednesday, it had already spent almost $800,000 to place the TV ad, which criticizes Trump and says Gottheimer will cut property taxes 15 percent.

No Surrender says it plans to spend $5 million. The other Gottheimer super PAC, Affordable New Jersey, has already spent over $8 million. So why are two super PACs doing the exact same thing?

In the absence of comment from Gottheimer, it’s impossible to say for sure. But it’s easy to take an educated guess. Gottheimer at the end of last year had $20.7 million in his House campaign funds. He can’t just transfer that to his gubernatorial campaign. But case law is far from clear on much of those funds he can transfer to super PACs to aid his gubernatorial campaign. Federal Election Commission guidance from 2006 doesn’t allow candidates to provide outside organizations with more than 25 percent of their funding. Gottheimer rival Mikie Sherrill requested an FEC opinion on whether that still holds. Last week, she got two different answers from the agency, leaving everything up in the air.

So is Gottheimer just splitting his money between super PACs as a legal precaution? His campaign has not, and again yesterday did not, say if he’s funding the super PACs. But it’s hard to imagine they could pop up out of nowhere and immediately raise millions but for Gottheimer’s largesse.

The States

State of Montana Newsroom: Governor Gianforte Protects Free Speech in Judicial Elections

.....Governor Greg Gianforte recently signed House Bill 39, a judicial reform bill that allows political parties to donate directly to judicial candidates.

“As Americans, we cherish our freedoms of speech and association,” Gov. Gianforte said. “Political donations are an expression of these rights, and restricting them is nothing more than an assault on the First Amendment. In our republic, it’s not the role of government to decide whose voice is heard. House Bill 39 upholds the Constitution, empowers voters, and helps preserve the very fabric of our election system.”

Iowa Capital Dispatch: Anti-SLAPP bill on lawsuits related to free speech, press passes House

By Robin Opsahl

.....The Iowa House unanimously passed legislation Tuesday offering legal protections against lawsuits filed to limit freedom of speech and press.

House File 472 is the latest attempt to enact an anti-SLAPP law in Iowa. SLAPP refers to “strategic lawsuits against public participation,” civil lawsuits filed without an expectation of winning in court, but as an attempt to intimidate a person or news organization from exercising First Amendment rights like freedom of speech and press by threatening a lengthy, expensive legal battle.

Washington Examiner: States must safeguard ballot referendums from foreign influence

By Catherine Gunsalus

.....Left-wing groups, bankrolled by foreign donors, are threatening the integrity of U.S. elections by weaponizing the ballot measure process to push their radical agendas. They do this by exploiting a loophole in state laws that allows foreign entities and nationals to funnel money to influence state ballot measures. 

When foreign billionaires bankroll state ballot initiatives, they are not just influencing policy but essentially buying the constitutions of states across the country. In George Washington’s 1796 Farewell Address, he cautioned that “foreign influence is one of the most baneful foes of republican government.” With growing geopolitical threats such as the influence of the Chinese Communist Party, states are wise to ensure the integrity of their elections and guard against the influence of foreign actors that seek to undermine American values and state interests.