This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected].  
Supreme Court
 
By Rebecca Klar
.....The Computer and Communications Association (CCIA) and NetChoice petitioned the Supreme Court on Monday to review a case about Florida’s law, which would limit companies from being able to remove content and users that violate their policies. 
The tech industry groups, which include companies like Meta, Twitter and Google among their members, asked the highest court to hear the case on whether Florida’s law complies with the First Amendment.
The groups argue the law “openly abridges the targeted companies’ First Amendment right to exercise editorial judgment over what content to disseminate on their websites via requirements that are speaker-based, content-based, and viewpoint-discriminatory,” according to the petition.
By Casey McGowan
.....The American Civil Liberties Union (ACLU) and the ACLU of Arkansas Thursday filed a petition with the US Supreme Court challenging an Arkansas law requiring state contractors to sign a pledges stating they will not boycott Israel.
The Courts
 
By Margot Cleveland
.....The Republican National Committee sued Google on Friday in a California federal court, alleging the tech giant intentionally diverted millions of RNC emails to the spam folders of supporters and potential donors to throttle its political speech. The RNC’s lawsuit proves significant both factually and legally.
.....There is an interesting development out of a case in Louisiana where a federal judge has ruled that Dr. Anthony Fauci and White House officials must testify in a case alleging a backchannel for censorship on social media. The complaint in Schmitt v. Biden, No. 3:22-cv-1213 in the District Court for the Western District of Louisiana alleges that Facebook and Twitter coordinated their censorship programs with government officials. I have previously written about what some of us view as a “censorship by surrogate” system used on social media. This discovery could help understand some of those back channel contacts.
Free Expression

The AtlanticWhy Wasn’t I Canceled?
By Eve Fairbanks
.....Why do we assume that cancel culture is a pervasive reality, and what’s the impact of that assumption? When the Times wrote in its editorial that Americans “know [cancel culture] exists and feel its burden,” the paper was referring to a poll it commissioned in which 84 percent of respondents said they believed “retaliation” and “harsh criticism” against opinions now constitute a “serious” problem. But substantial numbers of Americans also believe the 2020 election was fraudulent without that being the truth. I began to think that the way pro-free-speech advocates now talk about speech suppression constitutes a driver of the perception of it. And that, paradoxically, concern about cancel culture has itself become a threat to free speech.
The Media

By the Editorial Board
.....The Michigan Independent isn’t exactly independent. It isn’t based in Michigan, either. The outlet is one of many in a bevy of publications that look like local news sites, complete with old-timey fonts and christened with names including “standard,” “herald” and “courant” but filled mostly with political advocacy funded by super PACs and other partisan interests. This is a different threat from the foreign interference campaigns that have become the bogeyman of elections, but in some ways, it raises a similar concern. Our democracy is engaging in self-sabotage.
Candidates and Campaigns

By Brittany Gibson
.....The voting rights organization founded by Stacey Abrams spent more than $25 million over two years on legal fees, mostly on a single case, with the largest amount going to the self-described boutique law firm of the candidate’s campaign chairwoman.
By Luke Rosiak
.....Democrats spent more on pro-Donald Trump candidates in Republican primaries than Trump himself directly ponied up to help his favored candidates get over the finish line, according to a Daily Wire analysis.
The States
 
By Cathi Herrod and Scot Mussi
.....Why not disclose political donors? It’s an easy question for those exempt from such exposure.
Proposition 211 exempts organizations widely known to favor liberals, while setting up donors of conservative organizations for harassment and intimidation. Moreover, it silences those same organizations for months leading up to an election, while allowing the favored group to make their case over and over right up to Election Day.
The ill-titled “Voters Right to Know Act” requires organizations that spend a certain amount of money on political campaigns to disclose donors, but the effect is a hypocritical license to dox political opponents.
By Steve LeBlanc
.....Groups pushing for a 2024 ballot question aimed at reining in the spending power of super PACs filed two lawsuits in Massachusetts on Monday that target a decision by the state attorney general’s office to block the question on the grounds that it would infringe on First Amendment rights.
The lawsuits, filed with the Massachusetts Supreme Judicial Court, argue in favor of the proposed question, which would change state law to limit contributions by individuals to independent expenditure political action committees — or super PACs — to $5,000.
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