This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact Luke Wachob at [email protected].
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In the News
By Jennifer Kabbany
.....A professor who was blocked on Twitter by a University of Oregon account after he tweeted “all men are created equal” at the account has filed a First Amendment lawsuit.
Portland State University Professor Bruce Gilley’s lawsuit names the campus administrator who blocked him as the defendant in the federal lawsuit, filed Aug. 11.
“Clearly it’s not that I need to read the University of Oregon’s Twitter account, but what is important is I need to make use of my role as a defender of academic freedom in higher education … to make sure government-funded universities comply with our Constitution,” Gilley said Friday in a telephone interview with The College Fix.
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By The Editorial Board
.....While Governor Hochul is vowing to protect the freedom of speech of Salman Rushdie, it turns out that New York has just fetched up as the worst in the nation in a new ranking of the states in terms of their freedom of political speech. The report is from the Institute for Free Speech, focused on protecting the right to organize and speak out in the political arena. It reckons the laws of no other state are more confining than New York’s.
It’s a devastating report. What makes it so newsworthy is that it’s from the group headed by Bradley Smith, a former Federal Election Commission chairman described by the New York Times as the “intellectual powerhouse” in the movement to roll back government overregulation of speech in politics.
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.....Regarding your editorial “Florida vs. California on Free Speech” (Aug. 9): The Institute for Free Speech should be applauded for its new report. More attention should focus on state election regulations. My research found that the myriad election regulations increase the compliance costs of running for office. Extra costs in time, effort and learning are an added burden of running and campaigning that average citizens may find too difficult to pay. One of the original goals of campaign-finance reform—the increased participation of more people in the system—is in jeopardy with this regulatory system...
The real result, however, is a campaign-finance system layered with rules and regulations that restrict free speech, and increasing compliance costs. The system acts as a deterrent to everyday citizens interested in running for office.
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New from the Institute for Free Speech
By Alec Greven
.....The Supreme Court’s landmark Buckley v. Valeo decision laid the foundation for modern campaign finance law in the United States. The decision rests on the fundamental tension between the First Amendment and campaign finance regulations; a limit on the ability to raise and spend money on political campaigns is a limit on the First Amendment because money is an indispensable tool to engage in campaign speech. When these regulations harm First Amendment rights, Buckley reasons, they can only be upheld if they serve a compelling government interest. This is a weighty constitutional burden.
What government interest warranted this First Amendment intrusion? Buckley established that the only legal justification for campaign finance regulations that could meet a compelling governmental interest were restrictions that reduce corruption or its appearance. This report examines the latter justification, specifically what we have learned about the relationship between campaign finance laws and their ability to limit the “appearance of corruption” in the 45 years since the Court’s decision.
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Supreme Court
By David French
.....That brings us back to Pico. A collection of students sued the Island Trees school district, arguing that the board's book removal order violated the students' First Amendment rights to receive information. In other words, in the fight between parents and teachers, the students should have a constitutional say too.
The Supreme Court agreed, but its plurality opinion created almost as many questions as answers.
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The Courts
By Eugene Volokh
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FEC
By Rich Calder
.....A Long Island congressional candidate is urging the feds to probe whether a rival boosted his campaign coffers by funneling money there from a billionaire couple who covered at least $50,000 of his college tuition payments through a loan.
In a letter sent to Federal Election Commission lawyers Friday demanding a probe, Robert Zimmerman’s campaign cited last week’s story in The Post, which quoted election law experts saying the loan to fellow Democratic candidate Josh Lafazan deserves serious scrutiny.
Considering records show Lafazan was wealthy enough to plunk $166,000 of his own cash into his campaign coffers, the experts said he could have easily used that same money to pay his student loans.
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Online Speech Platforms
By Harmeet K. Dhillon
.....Twitter is preparing for the midterm elections. Per reports, Twitter will now "label and demote misinformation about the upcoming US elections."
What could go wrong?
We’ve seen this story before — the lefty "Big Tech" thought police targeting conservative influencers and ideas for censorship — and it certainly won’t be the last. For years, hiding behind Section 230, Twitter has abused its power to impact elections, manipulate public discourse, and disparage patriotic Americans. So, before anyone falls for Twitter’s election integrity Trojan horse, again, let us not forget why Twitter isn’t trustworthy enough to be the arbiter of what constitutes misinformation.
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By Tiffany Hsu
.....The spread of misinformation has left TikTok struggling with many of the same knotty free speech and moderation issues that Facebook and Twitter have faced, and have addressed with mixed results, for several years.
But the challenge may be even more difficult for TikTok to address. Video and audio — the bulk of what is shared on the app — can be far more difficult to moderate than text, especially when they are posted with a tongue-in-cheek tone. TikTok, which is owned by the Chinese tech giant ByteDance, also faces many doubts in Washington about whether its business decisions about data and moderation are influenced by its roots in Beijing.
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The States
By Michael R. Bloomberg
.....Professors in Florida have sued to block the Stop Woke Act, and let us hope judges will soon strike it down as an abridgment of the First Amendment. Some professors, however, have also urged students to boycott a new state survey meant to gauge whether colleges are hostile to viewpoint diversity. That’s a mistake. Florida’s censorship law is wrong, but it’s a reaction to the very real problem of campus intolerance. The more that students speak out about it—even if anonymously through surveys—the more pressure it puts on administrators to address it.
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By Andy Brack
.....Imagine a development was coming to your neighborhood and you didn’t like it. So you attended a public meeting in your town and complained.
Or consider the community advocacy organization that publishes a video about a fallen carriage horse in a continuing and long effort to get more humane treatment for working animals.
In both cases, you’d probably figure their opinions were part of the public debate in the marketplace of ideas, protected by free speech rights in the U.S. Constitution that allow citizens to speak out, protest and publish information.
But in both instances, companies in South Carolina brought a special, cynical kind of lawsuit intended to chill debate by, in part, making people hire expensive lawyers to defend themselves. They’re called SLAPP lawsuits, which stands for “Strategic Litigation Against Public Participation.” More than 30 states have laws that protect people from these lawsuits. South Carolina does not...
EFF and more than 25 organizations from the American Civil Liberties Union and Public Participation Project to the National Right to Life Committee and National Taxpayers Union, have signed a letter pushing for stronger anti-SLAPP legislation.
Ed. note: Read the open letter in support of the Uniform Law Commission’s Uniform Public Expression Protection Act, cosigned by the Institute for Free Speech, here. Read the Institute's report summarizing and evaluating anti-SLAPP statutes in 32 jurisdictions here.
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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."
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The Institute for Free Speech is a nonpartisan, nonprofit 501(c)(3) organization that promotes and defends the First Amendment rights to freely speak, assemble, publish, and petition the government. Please support the Institute's mission by clicking here. For further information, visit www.ifs.org.
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