April 9, 2025

New from the Institute for Free Speech

Free Speech Arguments – Can States Ban the Teaching of Some Controversial Concepts? (Local 8027, AFT-New Hampshire, AFL-CIO v. Edelblut)

.....Local 8027, AFT-New Hampshire, AFL-CIO v. Edelblut, argued before Circuit Judge Lara Montecalvo, Senior Circuit Judge William J. Kayatta, Jr., and Circuit Judge Seth Aframe in the U.S. Court of Appeals for the First Circuit on April 8, 2025. Argued by Charles G. Moerdler and Gilles R. Bissonnette (on behalf of Local 8027, AFT-New Hampshire, AFL-CIO, et al.) and Mary A. Triick, Senior Assistant Attorney General (on behalf of Edelblut, et al.).

Case Background, from the Brief for Plaintiffs—Appellees Local 8027, AFT-New Hampshire, AFL-CIO:

The Courts

New York Times: White House Must Allow The Associated Press Full Access to Trump, Judge Rules

By Zach Montague

.....A federal judge on Tuesday ordered the White House to restore The Associated Press’s full access to President Trump, finding that the effort to ban the outlet over objections to its coverage violated the First Amendment…

In a sharply worded opinion, Judge Trevor N. McFadden of the Federal District Court for the District of Columbia wrote that the Trump administration must “immediately rescind their viewpoint-based denial” of The Associated Press from presidential events.

“The government repeatedly characterizes The A.P.’s request as a demand for ‘extra special access.’ But that is not what The A.P. is asking for, and it is not what the court orders,” he wrote. “All The A.P. wants, and all it gets, is a level playing field.”

Congress

Washington Post (Tech Brief): A deepfakes bill is flying through Congress. Critics say it’s flawed.

By Will Oremus

.....While the bill’s aims are worthy, it’s poorly written in ways that could lead to big problems, said Becca Branum, deputy director of the nonprofit Center for Democracy and Technology’s free expression project.

“In their eagerness to be responsive to the issue, it’s my view that legislators haven’t really kicked the tires on the Take It Down Act,” Branum said.

They say the takedown provision lends itself to abuse.

The bill would require online platforms to remove NCII within 48 hours after it’s reported, forcing them to move quickly. A “failure to reasonably comply” would open the company to penalties from the Federal Trade Commission.

But the bill establishes no penalties for making false reports, meaning bad-faith actors could flag just about anything as NCII to get it scrubbed from the internet, critics say. Nor does it penalize platforms for taking down First Amendment-protected speech or create a mechanism for appeal by the people whose content was removed.

Some also worry President Donald Trump could use the bill to his own ends.

Fox News: Hawley says muzzled Meta whistleblower will testify over China dealings next week

By Breanne Deppisch 

.....Sen. Josh Hawley. R-Mo., told Fox News Thursday that Meta whistleblower and former employee Sarah Wynn-Williams will testify [this] week before a Senate Judiciary Subcommittee about problems with the social media giant's internal culture and its work overseas – the same issues that prompted her explosive tell-all to be blocked from publication earlier this year. 

In a statement to Fox News Digital, Hawley took aim at what he said was an "amoral and corrupt company that crafted a custom censorship system for Communist China." 

He also criticized their attempts to silence a former employee.

Hearing info

FEC

Election Law Blog: Campaign Legal Center Asks FEC to Clarify Scope of Its Power After Trump Executive Order on the President’s Purported Power over Independent Agencies

By Rick Hasen

.....Creative filing.

The States

New York Times: A Teachers’ Union Is Spending Millions to Elect Its Boss Governor

By Tracey Tully

.....In an interview, Mr. Spiller, 49, said there were metrics beyond fund-raising and the size of a campaign staff that were more indicative of support for his candidacy. He noted that he had submitted more signatures to get on the ballot than all but one other Democratic candidate.

He refused to directly address questions about whether he considered it a conflict of interest that he was benefiting so significantly from dues contributed by members of a union that employs him as president. He noted that other candidates had turned to real estate developers and Wall Street bankers for contributions, and that by sidestepping that funding stream he had avoided being beholden to their interests, if elected…

He also dismissed the significance of falling short of the $580,000 campaign fund-raising threshold that would have qualified him for 2-to-1 matching funds for the June 10 primary. “If I called millionaires and very wealthy folks, I could meet goals,” he said.

By law, super PACs may raise and spend unlimited sums but are barred from explicitly coordinating with candidates’ campaigns. Officials with the N.J.E.A. and Working New Jersey said that Mr. Spiller had not been involved in allocating union funding or in any promotional efforts on his behalf.

The Midwesterner: Michigan city threatens residents with defamation lawsuits over ‘statements that have caused harm’

By Victor Skinner

.....The city of Bangor, Mich., is sending a message to residents: “[T]hey better keep their mouth shut” or face a defamation lawsuit.

In a 7-0 vote by the Bangor City Council in January, councilmembers approved a motion “to allow City Attorney (Scott) Graham to file charges with the court against all parties involved in statements that have caused harm to the city,” MLive reports.

The move was prompted by comments from concerned residents about City Manager Justin Weber also serving as police chief and other government transparency issues, and officials are now facing fierce backlash in the city and beyond.