November 30, 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].

In the News

Inside America with Ghida Fakhry: Twitter and Free Speech

.....Ed. note: Institute for Free Speech founder and former FEC Chair Bradley A. Smith discusses Twitter's reinstatement of President Trump's account. His interview begins at 11min35sec.

Axios: FEC scales back digital ad transparency rule after backlash

By Lachlan Markay

.....Federal election regulators are scaling back a major digital ad transparency measure after an effort to speed it through the regulatory process drew intense internal and external pushback, records show...

Earlier this month, the FEC proposed a rule that would force "paid for by" disclaimers on most paid political promotions online…

Days later, the FEC pulled the proposal from its docket after outside groups criticized the lack of comment period and the breadth of its language.

"[K]ey portions of the draft are unclear. If it’s not clear, then how will speakers who can’t afford lawyers be able to follow something they can’t understand?" wrote Brad Smith, a former FEC chairman and the founder of the Institute for Free Speech.

Supreme Court

Washington Post: Supreme Court suggests higher bar may be needed for corruption cases

By Robert Barnes

.....The Supreme Court on Monday seemed likely to impose new restrictions on federal prosecutors battling public corruption, with the justices skeptical about the convictions of two men who profited in influence peddling during the administration of former New York governor Andrew M. Cuomo (D).

The Courts

Wall Street Journal: The Next Political Speech Fight

By The Editorial Board

.....Voters were barraged with information as usual about candidates this year, but they might be surprised to know how little came from the political parties. The Supreme Court has gradually been fixing its 20th-century mistakes that allowed restrictions on political speech, and the next step may concern political party committees.

That’s the subject of a new legal challenge by the National Republican Senatorial Committee, the National Republican Congressional Committee, J.D. Vance and Ohio Rep. Steven Chabot. The complaint in federal court in Ohio says the Federal Election Commission’s restriction on candidates’ ability to coordinate with political party committees is selective speech rationing and violates the First Amendment.

Reason ("Volokh Conspiracy"): Court Rules Against The Gateway Pundit's Request for Press Pass

By Eugene Volokh

.....From [last week's] decision in TGP Communications LLC v. Sellers by Judge John Tuchi (D. Ariz.):

Congress

U.S. Senator Sheldon Whitehouse: Whitehouse Blasts Right-Wing 501(C)(3) Group’s Pro-GOP Political Activities

.....U.S. Senator Sheldon Whitehouse (D-RI), Chairman of the Senate Finance Taxation and IRS Oversight Subcommittee, announced today that he wrote to the Conservative Partnership Institute (CPI) seeking more information about reports suggesting that CPI is in violation of the Internal Revenue Service’s regulations on permissible activities for 501(c)(3) organizations.

Free Expression

New York Times: An Open Letter from Editors and Publishers: Publishing is Not a Crime

.....The U.S. government should end its prosecution of Julian Assange for publishing secrets.

Online Speech Platforms

Fox News: Elon Musk triggers liberals, sends them into wartime footing over free speech

By Jonathan Turley

.....Former Secretary of State Hillary Clinton has emerged as the bellicose general rallying others to the "censor or die" pressure campaign against Twitter.

The problem is that citizens are flocking to Twitter and signing up in record numbers. They want more, not less, free speech. The over two million new sign-ups per day represent a 66% increase over the same period last year, according to figures released by Musk.

A reporter this week was so alarmed that she asked the White House Press Secretary Karine Jean-Pierre about the concern that millions are still signing up at Twitter and demanded to know who is "keeping an eye on this" for possible federal action.

Politico: Twitter stops enforcing Covid-19 misinformation policy

By Rebecca Kern

.....Twitter will no longer stop users from spreading false information about the Covid-19 virus or vaccines, according to an update on its content moderation policies.

The States

New York Times: Is Spreading Medical Misinformation a Doctor’s Free Speech Right?

By Steven Lee Myers

.....When Gov. Gavin Newsom signed into law a bill that would punish California doctors for spreading false information about Covid-19 vaccines and treatments, he pledged that it would apply only in the most “egregious instances” of misleading patients.

It may never have the chance.

Even before the law, the nation’s first of its kind, takes effect on Jan. 1, it faces two legal challenges seeking to declare it an unconstitutional infringement of free speech. The plaintiffs include doctors who have spoken out against government and expert recommendations during the pandemic, as well as legal organizations from both sides of the political spectrum.

Voice of San Diego: Low Campaign Finance Limits Harm Campaign Workers

By Eva Posner

.....Every election cycle a chorus of political consultants, endorsing organizations, media figures and other political influencers often criticize those who spend too much campaign money too early — even when it’s on staff. They forget or ignore that spending is often necessary to get people to do the work of campaigning, the political atmosphere encourages low wages and poor working conditions under the guise of “strategy.”

And frankly, from a budget standpoint, it makes sense. Most local races are subject to intense campaign contribution limits. The city of San Diego has a $650 limit for City Council races even though the council districts have more registered voters than most entire cities in the region. Other limits in the region are even lower, and make this problem even worse. How are campaigns supposed to afford voter contact?

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