This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected].
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In the News
First Amendment News (hosted by FIRE): FAN 351
By Ronald K.L. Collins
.....Institute for Free Speech v. Fred Jarrett (arguments before Ninth Circuit panel: Oct. 7) (“An appeal from the district court’s summary judgment for defendants and dismissal for lack of standing of an action brought by the Institute for Free Speech, which wishes to represent tax-activist Tim Eyman pro bono in a state court appeal of a campaign-finance enforcement action.”).
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Supreme Court
By Amy Howe
.....The Supreme Court’s December argument session will feature two of the highest-profile cases of the 2022-23 term: a free-speech claim by a website designer who opposes same-sex marriage and a case involving the power of state legislatures to set rules for federal elections. That news came with the release of the court’s December argument calendar on Tuesday.
The justices will hear argument in 303 Creative v. Elenis, the case brought by Colorado website designer Lorie Smith, on Dec. 5. Smith wants to expand her business to create custom wedding websites, but she opposes same-sex marriage on religious grounds and wants to put a notice on her own website to explain that – a message that would violate Colorado law, which bars businesses that are open to the public from discriminating against LGBTQ people or announcing an intent to do so.
Ed. note: Read our amicus brief in 303 Creative v. Elenis here.
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The Courts
By David N. Bass
.....In a lawsuit settlement, the City of Greensboro has agreed that it violated the First Amendment free speech rights of several pro-life protesters by barring them from accessing a sidewalk outside an abortion facility.
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By Robert Iafolla
.....A federal appeals court in Cincinnati will hear oral argument over whether the Tennessee Supreme Court’s legal ethics board must face a retaliatory discharge lawsuit filed by a lawyer who was sacked for posting tweets that were critical of Muslims.
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.....There is an interesting ruling in Amor v. Conover on the definition of a limited public figure for defamation. United States District Court in the Eastern District of Pennsylvania Judge John Gallagher (E.D. Pa.) ruled that Dr. James Amor and Ms. Patricia Amor are limited public figures subject to a higher standard of proof due to their roles as performance directors of the Pittsburgh Renaissance Festival as well as playing the King and Queen at such costumed faires.
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Free Expression
.....It’s National Free Speech Week in the United States. Even though Americans might not always see eye to eye, we still have much to celebrate thanks to our First Amendment right to disagree and debate important public policy issues. Unfortunately, in other parts of the world, many of the freedoms we take for granted are denied.
Today, People United for Privacy Foundation is releasing a new video telling the story of Dr. Yang Jianli, a scholar and democracy activist who understands the value of privacy, free speech, and democracy. His nonprofit organization, Citizen Power Initiatives for China, is based in the United States, and the group’s supporters include both Chinese and American citizens, some of whom have family in China. All of Dr. Yang’s supporters – regardless of where they live – depend on strong privacy protections in the United States to protect them from retaliation from the Chinese government as they fight for their freedom.
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Candidates and Campaigns
By Bryan Metzger
.....Republican Sen. Ted Cruz of Texas received $555,000 from his campaign account two months ago, according to new documents filed with the Federal Election Commission.
And the one-time presidential candidate and two-term senator has the US Supreme Court to thank for it...
A Cruz spokesman confirmed to Insider that the payments came as the result of the May ruling, declaring in a statement that the court "delivered a decisive 6-3 victory for the First Amendment when it ruled that these restrictions unconstitutionally limited free speech, benefitted incumbents, and discouraged challengers."
And on August 5, Ted Cruz for Senate paid the senator $545,000 — the original amount that he'd been unable to recover after his 2012 primary campaign — along with the extra $10,000 he loaned his campaign in 2018.
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The States
By Beth Melo
.....The Mass Supreme Court will consider arguments about the constitutionality of the Southborough Select Board’s Comment Policy. Four friends of the court briefs have been filed weighing in on questions related to a resident’s 2020 lawsuit against the Board.
The ACLU, is among those arguing that the Town’s policy violates free speech under the state constitution. The Mass Association of School Committees is among those defending such policies as necessary.
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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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