This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected].
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We're Hiring!
.....The Institute for Free Speech is seeking a skilled communicator with experience in media relations and a proven record of developing relationships with journalists and influencers. This role will support all aspects of the Institute for Free Speech’s work. The Communications Director will understand both traditional media outreach efforts and social media to share the Institute’s pro-speech message.
This position demands a candidate who has an in-depth understanding of what drives news stories and can use the news cycle to educate the public on the threats to and the importance of free speech. In short, you will help spread the Institute’s message and fight for the First Amendment’s speech freedoms and a culture of free speech in the court of public opinion.
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In the News
By Jack Karp
.....Parents and students on both sides of the fight over which books should be available in schools and libraries are taking their battles out of school board meetings and into court...
[A] group of Georgia mothers accused the Forsyth County Board of Education in federal court of violating their First Amendment rights when it stopped them from reading aloud at board meetings from books they want barred.
"It illustrates a tension, an irony in fact, in that the board is saying these books are perfectly fine to have in the Forsyth County school library, but you're not allowed to read from them at a school board meeting," said Endel Rohe Kolde of the Institute for Free Speech, who is representing the moms.
[ Ed. note: Learn more about the case, Mama Bears v. Forsyth County Schools, here.]
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Supreme Court
By Kelsey Reichmann
.....Justice Samuel Alito on Tuesday night said the unprecedented leak of his draft opinion overturning Roe v. Wade put a target on certain justices on the court.
“The leak also made those of us who were thought to be in the majority in support of overruling Roe and Casey targets for assassination because it gave people a rational reason to think they could prevent that from happening by killing one of us,” the Bush appointee said during a lecture at the conservative Heritage Foundation...
Alito also stepped into the culture wars surrounding speech on college campuses claiming the state of free speech at law schools was “dangerous” for the future of a democratic country.
“Based on what I have read, what has been told to me by students, it's pretty abysmal and it's disgraceful and it's really dangerous for our future as a united democratic country,” Alito said.
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The Courts
.....A federal judge has thrown out a subpoena that generated opposition from the John Locke Foundation and other defenders of free speech. The subpoena had targeted nonprofit groups working on a high-profile public policy debate in Alabama.
The subpoena sought background information from Eagle Forum of Alabama and Southeast Law Institute. Both groups had participated in the public debate over Alabama’s Vulnerable Child Compassion and Protection Act. Neither group is a party to the underlying lawsuit challenging the act.
“The Government’s nonparty subpoenas seek material outside the scope of discovery,” wrote U.S. District Judge Liles Burke in an order issued Monday. “The subpoenas command Eagle Forum and Southeast Law Institute to produce eleven broad categories of evidence, ranging from draft legislation, to communications with the Alabama Legislature, to polling or public opinion data, to social media postings.”
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By Joe Dodson
.....The Fourth Circuit heard heated arguments Tuesday morning over the constitutionality of Virginia Tech’s so-called bias response team, which one group says has a chilling effect on students’ right to free speech.
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Free Expression
By David Lat
.....In the wake of the announcement of Judge James Ho (5th Cir.) that he would no longer hire clerks from Yale Law School, a boycott joined so far by Judge Lisa Branch (11th Cir.) and a dozen other judges who wanted to remain nameless, Dean Heather Gerken has been quietly reaching out to prominent conservative jurists. Her message: YLS is deeply committed to free speech and intellectual diversity, it has taken concrete steps to support that commitment, and as dean, she welcomes hearing from judges about what else can be done to promote and protect academic freedom at Yale Law—including Judges Ho and Branch, the progenitors of the YLS boycott.
A week ago today, on Thursday, October 13, Judges Ho and Branch responded to Dean Gerken’s outreach with a letter (which you can download via the embed above). Here’s how it begins:
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By Jannis Falkenstern
.....Florida parent Shawn Hayston says he just wanted to tour the public middle school his son is expected to attend next year.
What followed, he says, was an act of retaliation that took him totally by surprise.
A threat to his job as a firefighter apparently was sparked because he had asked questions about school policies and expressed disapproval of a mural, he and other parents told The Epoch Times.
After touring Pine View Middle School with four other parents in August, Hayston was stunned to learn—two days later—that the tour triggered an investigation of him by his employer in a neighboring county.
Hayston, the father of two sons, said he was told that the principal of the Pasco County school had called Hillsborough County Fire Rescue and asked the department to do an investigation into his behavior.
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Candidates and Campaigns
By Kevin Robillard
.....Former New York City Mayor Michael Bloomberg and venture capitalist Tom Steyer both spent substantial portions of their own multibillion-dolllar fortunes trying to win the presidency in 2020. Both men came up short in the Democratic primaries, though each had consolation prizes: Bloomberg managed to win American Samoa’s delegates and Steyer got to dance onstage to “Back That Ass Up” with Juvenile.
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The States
.....The high court has granted the petition for allowance of appeal of in the case Oberholzer v. Galapo, in which a precedential Superior Court ruling ruled that the ”right to residential privacy may be violated when a listener is subjected to targeted speech, including picketing and protesting.”
[ Ed. note: For more details about the original case, see Eugene Volokh's June 2022 summary.]
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By Jana Hayes
.....An update to Oklahoma City's code regulating signs has been delayed over First Amendment and artistic freedom concerns, city officials confirmed Tuesday.
The approval has been put on pause for at least this calendar year, after the American Civil Liberties Union expressed concern over the city's banning of temporary signs in rights-of-way. City Planning Director Geoff Butler said the prohibition has been in place for years, but the legal organization said the proposed sign ordinance update is more restrictive than before.
"We have reviewed the Proposed Sign Code," the ACLU wrote in a September letter. "We have grave concerns that it broadly and unconstitutionally bans freestanding signs that candidates, campaign supporters, and political and social activists for decades have placed on street corners, roadsides, and medians across Oklahoma City, and that the Tenth Circuit held ... to be protected speech in the public square."
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By Colton Lochhead
.....A trio of Republicans who ruffled feathers by endorsing Democratic incumbent Attorney General Aaron Ford this election cycle is suing the executive director of the Nevada Republican Party for defamation...
They claim that Nevada Republican Party Executive Director Alida Benson defamed them during a Sep. 20 Clark County Republican Party meeting where the county party’s central voted on a resolution to censure Republicans who had come out in support of Ford and other Democrats this election. That censure bars them from “any and all involvement with” the Clark County Republican Party Central Committee, according to the complaint.
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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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