October 4, 2022

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

New from the Institute for Free Speech

The DISCLOSE Act Would Harm Democracy

By Alec Greven

.....Once again congressional Democratic leaders tried, and failed, to pass the DISCLOSE Act, a bill that would publicly expose the names and addresses of key supporters of causes. Strangely, if the measure had become law decades ago, it would have greatly harmed the civil rights movement and hampered the progress for LGBTQ rights.

Peddled by proponents as a solution to the wildly overblown and misunderstood issue of “dark money”, the legislation would put Americans at risk of harassment and retaliation, or even violence, for their beliefs.

Thankfully, on September 22 on a party line vote, the bill failed. However, it is troubling why this even had to be a party line vote. The DISCLOSE Act would harm organizations across the political spectrum; it should be opposed across the political spectrum.

Supreme Court

SCOTUSblog: Florida’s effort to restore its contentious social media law arrives at the court

By Kalvis Golde

.....Petitions of the Week: In Moody v. NetChoice, LLC, Florida asks the justices to reinstate the law. The state argues that decisions by social media platforms whether to host or censor are not protected speech. The real First Amendment rights at issue, the state contends, are those of their own residents, given that the largest platforms essentially have a monopoly on social media expression. In urging the justices to grant the petition, Florida notes that the 11th Circuit’s ruling is in direct tension with a decision two weeks ago by the U.S. Court of Appeals for the 5th Circuit to reinstate a similar Texas law.

Reason: Supreme Court To Hear 2 Cases About Social Media Moderation and Liability for Terrorism

By Scott Shackford

.....The Supreme Court is back in session this morning and has agreed to hear nine new cases, two of which relate to the extent that online platforms can be held liable for terrorist recruitment efforts.

The Courts

Tampa Bay Times: Judge favors free speech arguments in Warren vs. DeSantis case

By Dan Sullivan

.....The federal judge considering Andrew Warren’s challenge to his suspension by Gov. Ron DeSantis declined in a written order Thursday to immediately reinstate the ousted state attorney, but appeared to favor Warren’s arguments that his removal violated his free speech rights.

The governor is not Warren’s boss, the judge opined, and has no right to tell him how to do his job.

In a 29-page order filed Thursday, U.S. District Judge Robert Hinkle elaborated on thoughts he expressed amid arguments in the case two weeks ago, including his preference for Warren and DeSantis to hash out the case in a trial.

Free Expression

Jonathan Turley: Berkeley Student Groups Vote to Ban Any Speakers Who Support Israel or Zionism

.....There is an interesting free speech fight brewing at the University of California Berkeley Law School after nine student groups banned any speakers that support Israel or Zionism.

The Hill: How to talk about free speech — and why we should all care

By Carol Quillen

.....If you value free speech but dread talking about it in this toxic climate, here’s a suggestion: Call it something else.

Candidates and Campaigns

Daily Caller: Democrats Who Want To Ban Corporate PACs Took Donations From PACs Bankrolled By Major Corporations

By Gabe Kaminsky

.....Congressional Democrats behind legislation that would ban corporations from operating political action committees (PAC) took large campaign checks in 2021 and 2022 from PACs funded by major corporations, records show.

The States

Voice of OC: New State Law Could Curb Pay to Play Politics in Orange County & California

By Spencer Custodio

.....Local elected officials throughout the Golden State will soon have a cooling off period on voting for items that benefit campaign donors.

That means Orange County’s Board of Supervisors, city councils, school boards and all other local elected officials throughout the county will soon be barred from voting on items benefitting contributors who donated more than $250 within the past 12 months...

Gov. Gavin Newsom signed SB1439 on Thursday, which also mandates a 12-month blackout period for receiving campaign donations if an elected official voted on an item benefitting the would-be donor.

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