July 14, 2022

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This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact Luke Wachob at [email protected].

The Courts

Reason (Volokh Conspiracy): Court Strikes Down Ban on "Encourag[ing] or Induc[ing] an Alien to Come, Enter, or Reside" in the U.S.

By Eugene Volokh

.....From today's Tenth Circuit decision in U.S. v. Hernandez-Calvillo, written by Judge Nancy Moritz and joined by Judge Scott Matheson [:]

"This appeal involves the constitutionality of a federal immigration statute that makes it a crime to encourage or induce a noncitizen to reside in the United States, knowing or recklessly disregarding that such residence violates the law…. We [conclude that] Section 1324(a)(1)(A)(iv)'s plain language targets protected speech, and neither the government's nor the dissent's proposed limiting construction finds support in the statute's text or surrounding context. And when properly construed, the statute criminalizes a substantial amount of constitutionally protected speech, creating a real danger that the statute will chill First Amendment expression…."

IRS

ProPublica: Right-Wing Think Tank Family Research Council Is Now a Church in Eyes of the IRS

By Andrea Suozzo

.....What is the [Family Research Council]? Its website sums up the answer to this question in 63 words: “A nonprofit research and educational organization dedicated to articulating and advancing a family-centered philosophy of public life. In addition to providing policy research and analysis for the legislative, executive, and judicial branches of the federal government, FRC seeks to inform the news media, the academic community, business leaders, and the general public about family issues that affect the nation from a biblical worldview.”

In the eyes of the Internal Revenue Service, though, it is also a church...

According to documents obtained via the Freedom of Information Act and given to ProPublica, the FRC filed an application to change its status to an “association of churches,” a designation commonly used by groups with member churches like the Southern Baptist Convention, in March 2020. The agency approved the change a few months later.

The FRC is one of a growing list of activist groups to seek church status, a designation that comes with the ability for an organization to shield itself from financial scrutiny.

The States

Bolts: In California Cities, a New Frontier for Public Financing of Elections

By Spenser Mestel

.....On Monday night, the Oakland City Council unanimously voted to place a democracy vouchers referendum on the city’s November ballot, with all six council members present voting aye.

If Oakland voters approve the measure, a new Democracy Dollars program would provide four $25 vouchers for every Oakland voter to donate to eligible city and school board candidates starting in 2024. The referendum on the November ballot also includes other provisions meant to improve campaign finance in the city, including lower campaign contribution limits and new donor disclosure requirements

Minnesota Reformer: Campaign finance board finds probable cause in Action 4 Liberty case

By Baylor Spears

.....In June, Action 4 Liberty argued that the access was not a contribution because Shah’s campaign paid a negotiated amount for access to the account. But the board said a negotiated payment doesn’t guarantee that the transaction wasn’t a contribution...

Due to uncertainties about the market value of access to the platform and ambiguity regarding the negotiations, the board said there is reason to believe that the Shah committee paid less than fair market value for access to this account — making it an illegal campaign contribution.

Reason (Volokh Conspiracy): Judge Can Be Member of N.Y. ACLU Affiliate, but not One of Its Directors

By Eugene Volokh

.....From a decision of the N.Y. Advisory Committee on Judicial Ethics, handed down on Jan. 27 but just posted on Westlaw:

Florida Politics: False ads against Jim Mooney pulled off the air. Again connected to Democrats helping Rhonda Rebman Lopez.

By Peter Schorsch

.....The Freedom for Florida ad accuses Mooney of breaking the law by claiming multiple homestead exemptions. The allegation is false and the ad was pulled from the air after Mooney’s attorney provided documentation to EFFECTV proving that he is not claiming multiple exemptions.

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