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
.....There is an interesting lawsuit filed against the University of Oregon after Portland State University Professor Bruce Gilley was blocked from a social media account. Gilley claims that he was blocked after he tweeted “all men are created equal.” The lawsuit names Tova Stabin, communication manager for the university’s Division of Equity and Inclusion, as the sole defendant. Gilley may believe that “all men are equal” but the censoring of his post suggests that, as in Orwell’s Animal Farm, “some are more equal than others” at the University of Oregon.
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.....Ed. note: Attorney Angus Lee of Angus Lee Law Firm, PLLC, speaks to Lars Larson about Professor Gilley's lawsuit against the University of Oregon. Gilley is represented by Lee and the Institute for Free Speech.
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New from the Institute for Free Speech
.....The Institute for Free Speech is pleased to welcome Stephanie Brown as our newest First Amendment Fellow. Over the next year, Stephanie will work alongside our attorneys on all aspects of trial and appellate litigation in cases challenging restrictions on Americans’ First Amendment rights to speak, publish, assemble, and petition the government...
Prior to joining IFS, Stephanie clerked for the Honorable Louis Guirola, Jr., of the United States District Court for the Southern District of Mississippi. After she completes her fellowship, she will clerk for the Honorable Kurt D. Engelhardt of the United States Court of Appeals for the Fifth Circuit.
Stephanie is licensed to practice law in Texas, Louisiana, Mississippi, and Colorado. She obtained her J.D. from Tulane University Law School, where she also served as a managing editor of the Tulane Maritime Law Journal. Stephanie was also inducted into the Order of Barristers for her role on the Vis International Commercial Arbitration Moot Court Team, where she twice competed in Hong Kong.
Stephanie also holds both a M.B.A. and B.A. in Public Management from Millsaps College in Jackson, Mississippi.
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The Courts
By Colin Kalmbacher
.....A federal appeals court in Washington, D.C., struck a blow for the First Amendment in a Tuesday opinion by a conservative judge — and noted protégé of Justice Brett Kavanaugh — appointed to two separate benches by former President Donald Trump.
U.S. Circuit Judge Justin R. Walker penned the majority opinion in the case stylized as Guffey v. Mauskopf, which concerns two women who work for the Administrative Office of the United States Courts, Lisa Guffey and Christine Smith. Specifically, the case concerns what they do during non-work hours.
In their free time, both are political activists.
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By Stephanie Noda
.....A protest-free buffer zone that surrounds an abortion clinic in Englewood has been deemed constitutional after years of litigation.
United States District Judge Susan Wigenton dismissed a lawsuit challenging the buffer zones on Aug. 12 and determined that the city’s buffer zone ordinance is constitutional.
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.....U.S. District Judge Catherine Eagles has denied N.C. Attorney General Josh Stein’s latest request in his lawsuit challenging a state law against campaign lies. Eagles will not block her earlier ruling against Stein while he continues his appeals.
Stein contends that the law violates First Amendment free-speech rights. He is asking federal courts to block Wake County District Attorney Lorrin Freeman from pursuing criminal charges in connection with the law.
“There is case law tending to support the plaintiffs’ arguments that [the state law] on its face violates the First Amendment,” Eagles wrote in an order issued Monday. “Two circuit courts and one state Supreme Court have held similar statutes violate the First Amendment. Upon initial review in an emergency context, the Court held that the plaintiffs made a sufficient showing for a temporary restraining order.
“But after more thorough briefing, additional research, and further consideration, the Court concluded otherwise, in light of differences in the statutes and controlling Supreme Court authority,” Eagles added. “The plaintiffs have a good argument, but it is difficult to say the plaintiffs have made a strong showing of facial invalidity. In any event, other factors weigh against an injunction.”
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Free Expression
By Stef W. Kight and Margaret Talev
....."Self-silencing" — people saying what they think others want to hear rather than what truly feel — is skewing our understanding of how Americans really feel about abortion, COVID-19 precautions, what children are taught in school and other hot-button issues, a new study finds.
The best predictor of private behavior is private opinion. People's actual views are far more likely than their stated views to drive consumer and social behavior — and voting.
"When we're misreading what we all think, it actually causes false polarization," said Todd Rose, co-founder and president of Populace, the Massachusetts-based firm that undertook the study. "It actually destroys social trust. And it tends to historically make social progress all but impossible."
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Online Speech Platforms
By Ryan Lovelace
.....Meta said Tuesday it has begun preparing for the midterm elections, including by fighting White supremacists’ interference and by planning to halt political ads in the final week before the November elections.
Meta President Nick Clegg wrote that the social media titan has hundreds of people spread across 40 teams focused on the U.S. midterms...
“Our teams fight both foreign interference and domestic influence operations, and have exposed and disrupted dozens of networks that have attempted to interfere with U.S. elections,” Mr. Clegg wrote on Meta’s blog. “We’ve banned more than 270 white supremacist organizations, and removed 2.5 million pieces of content tied to organized hate globally in the first quarter of 2022.”
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The States
By Hannah Metzger
.....The Colorado Secretary of State began considering new campaign finance regulations on Monday, issuing a notice of proposed rulemaking and scheduling a public hearing.
The potential changes stem from two bills passed during this year’s legislative session and signed into law by Gov. Jared Polis: House Bill 1060, which caps contribution amounts made to school board candidates, and House Bill 1156, which updates reporting requirements for public officials.
If the preliminary rules to implement the bills are approved, HB-1060 will limit contributions to school board candidates to $2,500 for individuals and $25,000 for small donor committees. Currently, there is no limit on how much someone can give a school board candidate, resulting in individual contributions as high as $40,000 in the last couple of election cycles.
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By Eugene Volokh
.....From today's opinion of the Delaware Supreme Court in Cousins v. Goodier, written by Justice Gary Traynor:
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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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