Email from The Institute for Free Speech The Latest News from the Institute for Free Speech August 6, 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 Freedom Forum: Silent Protests: When You Don’t Need Noise to Make Noise By David L. Hudson, Jr. .....In 2024, two fathers in New Hampshire were barred from entering school grounds after they wore pink wristbands marked “XX” to school games. The wristbands were meant to protest the inclusion of transgender athletes in girls’ sports — an example of a silent protest that did not involve verbal speech but clearly advanced a particular point of view. The parents sued for the right to continue wearing wristbands and to carry signs expressing their views. A federal judge in New Hampshire ruled against them, reasoning that the parents were targeting transgender athletes. The parents’ lawyer, an attorney with the Institute for Free Speech, expressed his disagreement with the ruling, noting school officials “were obviously discriminating based on viewpoint because they perceived the XX wristbands to be ‘trans-exclusionary.’” The attorney representing the school district noted that “the ruling doesn’t prevent the plaintiffs [the parents] from expressing their views in other ways.” The parents are appealing the decision to the U.S. Court of Appeals for the 1st Circuit, and the U.S. Department of Justice may get involved to support them. Attorney General Pam Bondi posted to her account on X, “I have asked my [Civil Rights Division] to examine this matter. This DOJ stands with women and their supportive parents.” The Courts Courthouse News: Federal judge rebukes California laws targeting misinformation By Alan Riquelmy .....A federal judge on Tuesday knocked down a California law requiring large social media companies to remove deceptive content from their platforms, saying federal law preempts the state. Social media giants like X Corp. challenged Assembly Bill 2655, which requires certain platforms to remove “materially deceptive content” about political candidates, elections officials and elected officers. They argued the federal Communications Decency Act gives service providers like social media platforms immunity from content posted by a third party. Senior U.S. District Judge John Mendez said from the bench Tuesday that he didn’t need to rule on First Amendment and constitutional arguments, instead relying solely on federal preemption. However, his ruling only applies to qualifying parties in the suit — X Corp. and Rumble. “No parts of this statute are severable because the whole statute is preempted,” Mendez said. “No parts of A.B. 2655 can be salvaged.” The Colorado Sun: Federal judges block Colorado from enforcing abortion pill reversal ban, uphold abortion “bubble law” By Jesse Paul .....First, U.S. District Judge S. Kato Crews upheld a 1993 Colorado law prohibiting activists from approaching people within 100 feet of the entrance of a health care facility to pass them a leaflet, display a sign or engage in “oral protest, education or counseling.” The ban, sometimes called the “bubble law,” was enacted by the legislature as a way to shield women getting an abortion from harassment, though it doesn’t apply just to abortion clinics. Crews wrote July 29 in a summary judgement that since the U.S. Supreme Court already validated the law in a 2000 ruling, the lawsuit challenging the statute, filed by Wendy Faustin, who in court filings said she “believes that abortion is a horrific moral wrong,” can’t move forward. That may not be the end of the story, however, as the legal challenge always seemed aimed at moving the case up the appellate ladder in an attempt to get the Supreme Court to reconsider. Milwaukee Journal Sentinel: UW violated free speech by blocking animal testing comments on social media, court says By Kelly Meyerhofer .....The University of Wisconsin-Madison's practice of blocking an animal rights activist's negative comments from its social media accounts was unconstitutional, a federal appeals court ruled. The 7th U.S. Circuit Court of Appeals decision is a victory for Madeline Krasno, a UW-Madison alumna who sued in 2021 alleging the public university violated her First Amendment rights when it removed her comments criticizing the university's animal research from its Facebook and Instagram posts. Just the News: 'Gobsmacked': Trump's DOJ seeks to dismiss lawsuit alleging Biden censorship by proxy By Greg Piper .....President Trump's Justice Department no longer seeks a stay of a lawsuit by former New York Times journalist Alex Berenson against Biden administration officials for alleged censorship by proxy for his COVID-19 views, and wants it dismissed by U.S. District Judge Jessica Clarke on the same grounds as she dismissed Berenson's claims against private defendants including Pfizer CEO Albert Bourla last month. U.S. Attorney for the Southern District of New York Jay Clayton made the request in a letter Friday to Clarke, leaving Berenson "gobsmacked," as the independent journalist wrote in his newsletter Monday. Washington Post: DOJ escalates probe into claims Obama officials conspired in 2016 election By Perry Stein, Jeremy Roebuck and Gaya Gupta .....The Justice Department moved forward with its investigation into whether the Obama administration broke federal laws while investigating Russia’s involvement in the 2016 presidential election, demanding archived intelligence assessments from the nearly decade-old race, according to a letter obtained by The Washington Post. Attorney General Pam Bondi also separately ordered a grand jury to potentially hear evidence in the case, according to a person familiar with the matter, who spoke on the condition of anonymity to discuss the ongoing probe. Congress The Floridian: Steube Introduces Bill Prohibiting Election Agency Partnerships with International Organizations By Grayson Bakich .....Representative Greg Steube (R-FL) is introducing legislation prohibiting federal election agencies from partnering with international organizations. Specifically, the No Foreign Election Partnership Act bans all data sharing and advisory role agreements that federal election agencies, including the Federal Election Commission and the Election Assistance Commission, and others, may share with international organizations. "Election integrity starts with securing the vote from foreign interference," said Rep. Steube in his press release, adding, "International organizations have no business accessing critical voter data or filling essential roles in American elections. My bill will strengthen the integrity of our elections by barring federal election agencies from entering data sharing and advisory agreements with foreign groups. In February, Florida State Senator Danny Burgess and State Representative Michael Owen (R-Apollo Beach) introduced a similar bill at the state level, which required lobbyists to disclose their funding sources from foreign actors or foreign principals who engage in the state's election process. Free Expression Reason (Volokh Conspiracy): St. Louis Fan Removal for MAGA Hat Ignites Debate Over Free Speech By Tosin Akintola .....Donning a Make America Great Again hat is a major fashion faux pas in some circles, leading to public shaming, harassment, and sometimes violent attacks. Add getting kicked out of Major League Soccer (MLS) games to the list, if Michael Weitzel's account of recent events is accurate. On July 26, during a match against Minnesota United F.C., Weitzel was ejected from Energizer Park, the home stadium of St. Louis City S.C., for wearing a red "MAGA" hat. A video posted to his Instagram shows Weitzel—a season ticket holder for the past three years—speaking with a stadium security guard who is flanked by two police officers. "I'm Michael Weitzel. I'm being asked to leave by the police because of Donald Trump," Weitzel says while pointing at his hat.  The States Colorado Politics: Colorado Supreme Court accepts cases on campaign transparency, crime victim restitution By Michael Karlik .....The Colorado Supreme Court announced on Monday that it will review whether the state's requirement that ballot issue advocacy groups disclose the name of their legal representative on their election communications violates the First Amendment. At least three of the court's seven members must agree to hear an appeal. Politico ("New York Playbook"): Campaign finance dustup at 100 Church By Joe Anuta, Emily Ngo and Nick Reisman .....There’s a showdown looming that could have broad implications for how taxpayer money is doled out to candidates for city office. On one side: Mayor Eric Adams, whose campaign is armed with a recent court decision it believes will unlock millions of dollars in public matching funds for his general election bid. On the other: the New York City Campaign Finance Board, the local arbiter of money in city elections. The board has repeatedly denied Adams a cash infusion on account of paperwork snafus and allegations of a straw donor scheme outlined in a since-tossed federal bribery indictment. At 10 a.m. this morning, the board will convene at 100 Church St. to dole out the latest round of matching funds, which are essential to running a serious citywide campaign (unless a candidate were to hypothetically have something like, oh I don’t know, tens of millions of dollars in outside spending backing their bid.) Washington Examiner: Letitia James is using the law to punish belief in the pro-life cause By Craig DeRoche .....McGuire, the former chair of the Livingston County Conservative Party and executive director of New York Families Foundation — an organization that mine is proud to be allied with — was sentenced to eight weekends in jail after pleading guilty to minor campaign-finance errors totaling just $1,283.76. That’s right: Not even $1,300. He wasn’t found guilty. He took the plea to avoid a quarter-million-dollar legal fight, not because he admitted wrongdoing with criminal intent. Yet New York Attorney General Letitia James used her office to paint him as a thief who diverted more than $16,000 for personal use. Let’s be clear: This case was never about money or improper paperwork filings. It was about thought control. The entire prosecution was a tool to gain access to donor lists, sermons, and memberships to expand her lawfare terrorizing organizations that fight for the right to life.  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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