The Latest News from the Institute for Free Speech December 7, 2022 Click here to subscribe to the Daily Media Update. This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected]. In the News City Journal: Government–Tech Collusion Threatens Free Speech By Ilya Shapiro .....In the spring of 2021, federal officials began making public statements threatening tech companies with regulatory sanctions if they failed to police “misinformation.” Coincidentally, beginning around April 2021, Changizi, Senger, and Kotzin began experiencing censorship, including temporary suspensions, shadow bans, and even permanent loss of their accounts. Then, in March 2022, the surgeon general issued a “request for information” (RFI), demanding that tech companies turn over the identities of “misinformers” on a wide variety of platforms. The three men sued the Department of Health and Human Services, arguing that, by coercing social-media companies to censor so-called misinformation, the federal government violated their First Amendment rights... The Manhattan Institute, together with the Institute for Free Speech, has filed an amicus brief supporting the Changizi plaintiffs before the U.S. Court of Appeals for the Sixth Circuit. We argue that state action exists, and thus constitutional scrutiny attaches, when government threats—some not-so-loosely veiled—affect the decisions of private entities such that their actions effectively become those of the state. The same state action occurs when, in lieu of coercion, the government colludes with private actors. Post Alley: The Shutdown of Tim Eyman By Bruce Ramsey .....For almost 25 years, Eyman has been running initiatives to limit taxes and other activities of government. When his initiatives were thrown out in court or modified by the Legislature, he often rewrote them and ran them again. Some won and some lost, but most of them had political effect. One of the things he learned was that no victory is permanent. “All initiatives are lobbying,” he said. To make a difference, he had to keep at it. He called his political organization, “Permanent Offense.” The officials permanently offended were not happy with this. They went after him with the Fair Campaign Practices Act. Passed by voters in 1972, the law aimed to make political campaigns more honest by letting voters know who was funding them. Eyman didn’t hide the funders who paid for his initiative campaigns. The rap on Eyman was that he was making a living at it. This wasn’t forbidden, but no one had done it before... To the shut-down of Tim Eyman, progressive Seattle’s response is, “Good riddance for a man who flouts the law.” But what law? All states have campaign-finance laws, which burden the freedom to act politically. The Institute for Free Speech, a Washington, D.C., organization that pushes back against the more intrusive laws, has ranked the states on a “Free Speech Index.” The index ranks Washington third-lowest of the 50 states, above only Connecticut and New York, meaning that we have the third-harshest campaign-finance regime. Supreme Court Reason ("Volokh Conspiracy"): Prof. Michael McConnell (Stanford) on 303 Creative (the Web Site Designer / Same-Sex Wedding Case) By Eugene Volokh .....Prof. McConnell is one of the top First Amendment law scholars in the country, and I was delighted that he passed along this item: "Much of the commentary on today's argument in 303 Creative starts from the premise that the case pits free speech (or maybe religious freedom) against LGBTQ rights... One thing is clear from the argument: 303 Creative is not about whether protections for LGBT people will be dampened... One of the most telling exchanges during the argument involved a hypothetical from Justice Barrett, who asked the Deputy Solicitor General Brian Fletcher (whom I consider a friend: full disclosure), supporting the Colorado law, what would happen if the shoe were on the other foot—i.e., what if a gay web designer declined to create a custom website for a Christian organization that advocates for traditional marriage? Could the state compel such a person to design such a website? Remarkably, Brian responded that the two cases should come out differently. That is, Colorado can compel a Christian to design a custom website celebrating a same-sex marriage, but cannot compel a gay person to design a custom website advocating for traditional marriage. His reasoning for this answer reveals the fundamental flaws in the government's position. The Courts Reason ("Volokh Conspiracy"): Ninth Circuit Orders Press Pass for The Gateway Pundit, Pending Appeal By Eugene Volokh .....From the Ninth Circuit's order yesterday in TGP Communications, LLC v. Sellers; the order was issued by the merits panel that will hear the case (though it's not signed by particular judges because the panel has not yet been publicly identified), so it offers an important (though not definitive) clue as to the judges' likely eventual conclusions: Congress Roll Call: Big Tech, free-speech advocates join to oppose journalism bill By Gopal Ratnam .....Top social media companies and free speech advocates — groups that usually take opposing views over tech policy — are coming together to oppose a measure that would allow journalism organizations to jointly negotiate with tech companies. The groups are opposing a bipartisan bill introduced by Sen. Amy Klobuchar, D-Minn., and co-sponsored by 14 senators from both parties. The bill would allow news organizations to collectively bargain for compensation in exchange for content distribution on platforms including Google, Facebook and others. Free Expression Bloomberg: ChatGPT Could Make Democracy Even More Messy By Tyler Cowen .....ChatGPT is an Internet sensation, with its ability to provide intelligent and coherent answers to a wide variety of queries. There is plenty of speculation on how it may revolutionize education, software and journalism, but less about how it will affect the machinery of government. The effects are likely to be far-ranging. Consider the regulatory process. In the US, there is typically a comment period before many new regulations take effect. To date, it has been presumed that human beings are making the comments. Yet by mobilizing ChatGPT, it is possible for interested parties to flood the system. There is no law against using software to aid in the production of public comments, or legal documents for that matter, and if need be a human could always add some modest changes. Washington Post: Restaurant refuses service to Christian group, citing staff ‘dignity’ By Emily Heil .....A restaurant in Richmond last week canceled a reservation for a private event being held by a conservative Christian organization, citing the group’s opposition to same-sex marriage and abortion rights. Online Speech Platforms Fox News: Twitter ablaze as Elon Musk fires lawyer involved in suppressing laptop story, ‘Russian collusion hoax’ By Alexander Hall .....Twitter ignited upon the news Tuesday that CEO Elon Musk booted former FBI general counsel James Baker from the company for "suppression" of information. Journalist Matt Taibbi, who revealed the "Twitter Files" on Friday, shared an article about the now-ousted Twitter deputy general counsel Baker's connections to FBI controversies involving the Trump-Russia probe. The article, from New York Post opinion writer Jonathan Turley, said that Baker was "at the center of the Twitter suppression scandal." Turley also observed, "Baker has been featured repeatedly in the Russian investigations launched by the Justice Department, including the hoax involving the Russian Alfa Bank." Jonathan Turley: Six Degrees from James Baker: A Familiar Figure Reemerges With the Release of the Twitter Files .....As thousands of Twitter documents are released on the company’s infamous censorship program, much has been confirmed about the use of back channels by Biden and Democratic officials to silence critics on the social media platform. However, one familiar name immediately popped out in the first batch of documents released through journalist Matt Taibbi: James Baker. For many, James Baker is fast becoming the Kevin Bacon of the Russian collusion scandals. Daily Wire: Leaked Email Alleges Arizona Gov-Elect Katie Hobbs, Twitter Employees Colluded To Censor ‘Election Related Misinformation’ By Brandon Drey .....Internal email documents at Twitter reveal Arizona Governor-elect and Secretary of State Katie Hobbs allegedly colluded with former Twitter officials last year by flagging accounts related to so-called election misinformation. Candidates and Campaigns Roll Call: Vows to reject corporate PAC money on the rise for incoming Congress By Kate Ackley .....In the 118th Congress, a growing contingent of lawmakers is telling corporate PACs: We don’t want your cash. More than 70 members say they are swearing off such contributions, indicating that a trend, almost exclusively among Democrats, that caught on during the 2018 election cycle has persisted. 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." 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. Follow the Institute for Free Speech ‌ ‌ ‌ The Institute for Free Speech | 1150 Connecticut Ave., NW, Suite 801, Washington, DC 20036 Unsubscribe [email protected] Update Profile | Constant Contact Data Notice Sent by [email protected]