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

Washington Times: Free speech group gives 43 states failing ratings

.....The Institute for Free Speech has given 43 states failing scores in its new Free Speech Index, underscoring the opposition facing people wishing to speak openly about politics and government nationwide.

Ed. note: Read the report here or here (PDF).

Just the News: Mom sues school district to open antiracism meetings, as stifled dissenters gain wins over educrats

.....Restricting public participation in public meetings can be costly. A Philadelphia-area school district recently paid $300,000 in attorney's fees — and symbolic payments of $17.91 to individual plaintiffs — to settle a lawsuit for prohibiting "offensive," "intolerant," "verbally abusive" or "irrelevant" language at board meetings and requiring speakers to announce their addresses.

A federal judge had issued a preliminary injunction against the Pennsbury School District last fall for editing out racist "dog whistles" from a meeting video, shutting down public commenters for criticizing its equity program, and potentially chilling speakers by bringing in law enforcement.

School officials were facing potential personal liability for unconstitutional actions when the district settled with the Institute for Free Speech, which represented community members. The public interest law firm said the district rewrote its public comment policy, abolished its "civility policy" and even fired the law firm that advised the board. 

Raleigh News & Observer: Criminal investigation into AG Josh Stein’s campaign can go on, federal judge rules

.....A criminal investigation into a 2020 ad by North Carolina Attorney General Josh Stein’s campaign team can move forward, a federal judge ruled Tuesday. The judge’s decision reverses her own ruling from last month, when she had temporarily halted the investigation. Catherine Eagles, a federal judge for the United States District Court for the Middle District of North Carolina, initially ruled that the law the state is basing its investigation on appeared to be unconstitutional.

But Eagles’ order Tuesday says that, after hearing further arguments from both sides in the case, she now believes the law is reasonable and she will no longer block the investigation. At question is an obscure state law, written in the 1930s but never once used — until now. It makes it a crime to knowingly spread false information about a politician...

Reason (Volokh Conspiracy): Court Upholds N.C. Statute That Criminalizes Knowingly/Recklessly Libelous Statements About Candidates

.....Grimmett v. Costa, decided today by Judge Catherine Eagles (M.D.N.C.), refused to issue a preliminary injunction against a N.C. statute that makes it a misdemeanor

From the opinion, which I think is likely correct as to such narrow statutes focused on libels of candidates (because [1] narrowly crafted criminal libel statutes are generally constitutional under Supreme Court precedents, even though [2] broader laws banning lies in election campaigns, including ones that aren't libelous of particular individuals, are likely unconstitutional):

Reason (Volokh Conspiracy): Removal of Books With "Lascivious Content" from School Libraries Likely Constitutionally Permissible

.....From C.K.-W. v. Wentzville R-IV School Dist., decided Friday by Judge Matthew Schelp (E.D. Mo.); assuming the facts are as described, the decision seems legally correct to me as to K-12 public school libraries (though the analysis would be quite different as to removals of speakers from government property that the government has opened up as a limited public forum for private speech):

Fox News: 'Squad' supporting Justice Democrats PAC raked in six figures from dark money source

By Joe Schoffstall

.....As far-left "Squad" members warn of the perils of dark money in politics, a prominent committee working on expanding its ranks within Congress has received a sizable cash injection from unknown donors, according to federal filings reviewed by Fox News Digital.

Texas Signal: CNN Report On Texas Dark Money Renews Push For Reform

.....Democratic lawmakers and the watchdog group Public Citizen gathered in Austin on Tuesday to push for limits on state-level campaign contributions and modernize the Texas Ethics Commission. 

It’s a renewed push to curb the influence of dark money on Texas politics following the release of a CNN special report that highlighted how a small group of billionaires were bankrolling conservative politics in the state.

Denver Post: In crowded city races, Denver’s new fair election fund will face first test

.....Overhauling Denver’s campaign finance rules was popular with voters in 2018.

The Denver Elections Division’s ultra-careful accounting aside, there is a legitimate concern that the $8 million in funding voters authorized in 2018 won’t be enough to pay out all the candidates who qualify for the public matching between now and the deadline to participate next February.

San Gabriel Valley Tribune: ACLU slams Montebello for allegedly violating public comment law; here’s why

.....The American Civil Liberties Union in an Aug. 5 letter has accused Montebello City Council members of violating the state’s open-meeting law by not allowing the public criticism of city employees at council meetings.

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