This is the Daily Media Update published by the Institute for Free Speech. For press inquiries, please contact [email protected].  

Reason: Adam Schiff Attempts Censorship by Proxy, 'Demanding Action' To Suppress 'Hate Speech' on Twitter

.....Rep. Adam Schiff (D–Calif.) [last week] said he is "demanding action" in response to an "unacceptable" rise in bigoted slurs on Twitter since Elon Musk took over the platform in late October. Musk responded by taking issue with the evidence that Schiff cited, saying "hate speech impressions are actually down by 1/3 for Twitter now vs prior to acquisition." What he should have said is that government officials in a free society have no business demanding the suppression of speech they do not like.

"We are deeply concerned about the recent rise in hate speech on Twitter," Schiff and Rep. Mark Takano (D–Calif.) write in a letter to Musk. "Analysis by independent researchers indicates Twitter has become an increasingly toxic place for our constituents, and we are reaching out to you to understand the actions Twitter is taking to combat this increase in harmful content."

Reason ("Volokh Conspiracy"): Divided D.C. Circuit Reaffirms F.E.C.'s Enforcement Discretion

.....Today the U.S. Court of Appeals for the D.C. Circuit denied a petition for rehearing en banc in CREW v. FEC. In April 2021, a divided panel of the court rejected CREW's attempt to challenge the Commission's decision not to take enforcement action against New Models. The FEC cited legal reasons for its decision, but also invoked its "prosecutorial discretion" to not pursue enforcement actions where doing so would no be an appropriate use of agency resources. Splitting 2-1, the court concluded the FEC's reliance on prosecutorial discretion made the decision unreviewable.

Slate: I Called the Federal Judge Who Mocked Me to the Federalist Society

.....William Holcombe Pryor Jr. is the chief judge of the 11^th U.S. Circuit Court of Appeals...

Pryor delivered the opening speech at the Federalist Society’s National Lawyers Convention in November. Somewhat less expectedly, he joked with the audience that, after hearing progressive criticisms of the organization, he had embarked upon an “odyssey” to “get to the truth,” searching in “the shadows, where the real operation of the Society happens.” He went on to lob comic insults at a number of left-leaning journalists, including Elie Mystal and my colleague Dahlia Lithwick, who have written about the inner workings of the Federalist Society—a bold and unusually personal retort to criticism. He also made fun of me. “No less an authority than Mark Joseph Stern,” Pryor said. And then, responding to knowing laughs from the audience, he added: “And really, is there any less an authority?” He then quoted my February article describing “the conservative legal movement’s radicalization machine.”

I’ve criticized Pryor’s rulings pretty harshly over the years, and I took his comment as a badge of honor: His quip at my expense—and the audience’s knowing laugh in response—told me that Slate’s extensive, skeptical coverage of the Federalist Society has gotten their attention. I also saw it as an opportunity. One week after his speech, I reached out for an interview...To my surprise, Pryor quickly responded to my email and suggested a call the next day to talk through my proposal. When we spoke, he told me that while he was very busy, he had time—at that very moment—to answer my questions.

CNBC: FTX founder Sam Bankman-Fried charged with campaign finance violations in criminal indictment

.....Federal prosecutors on Tuesday accused FTX co-founder Sam Bankman-Fried, who made nearly $40 million in publicly disclosed political donations in the 2022 election cycle, with violating multiple campaign finance laws.

A newly unsealed indictment in Manhattan federal court says Bankman-Fried and others violated numerous federal campaign finance laws, including giving contributions of at least $25,000 to campaigns and political action committees “in the names of other persons.”

Washington Post: Twitter dissolves Trust and Safety Council

By Cat Zakrzewski, Joseph Menn and Naomi Nix 

.....Twitter on Monday night abruptly dissolved its Trust and Safety Council, the latest sign that Elon Musk is unraveling years of work and institutions created to make the social network safer and more civil.

Wall Street Journal: Elon Musk’s Twitter Files Revelations Are Instructive but Not Surprising

.....The Twitter Files have exposed how a powerful class of like-minded people control and limit the flow of information to advantage their monolithically progressive agenda.

The Dispatch: The ‘Twitter Files’ Show It’s Time to Reimagine Free Speech Online

.....A few years ago I was invited to an off-the-record meeting with senior executives at a major social media company. The topic was free speech. I’d just written a piece for the New York Times called “A better way to ban Alex Jones.” My position was simple: If social media companies want to create a true marketplace of ideas, they should look to the First Amendment to guide their policies. 

New Jersey Monitor: Bill to revamp campaign finance laws clears Assembly hurdle

By Nikita Biryukov

.....An Assembly panel on Monday approved a new version of a bill that would revamp campaign finance laws supporters say are outdated, but critics warned the changes could shield corruption and increase the influence of wealthy contributors.

The measure (A4372), approved in an 8-1 vote with three abstentions, would double campaign contribution limits, bolster the state’s gubernatorial public financing program, and revise the state’s pay-to-play laws.

Washington Post: D.C. elections board: Silverman’s poll did not break campaign finance law

By Michael Brice-Saddler

.....The D.C. Board of Elections on Monday sided with council member Elissa Silverman (I-At Large) in her appeal of a decision from the campaign finance office, ruling that she did not misuse campaign funds while polling the Ward 3 Democratic primary election.

Cowboy State Daily: University of Wyoming Violated Church Elder’s First Amendment Right, Law Experts Say

By Clair McFarland

.....The University of Wyoming appears to have violated the free speech right of a church elder who used a sign to call out a transgender student by name this month, according to a nationally recognized First Amendment expert.  

Todd Schmidt, of Laramie, displayed a sign from his table in the UW student union Dec. 2 that read, “God created male and female and (student’s name) is a male.”  

Days later, UW suspended Schmidt’s tabling privileges at the union for one year, saying his actions constituted discrimination and harassment against a student in a protected class...

The policy UW used to justify its action may not be enough from a First Amendment standpoint, Eugene Volokh, First Amendment professor at the University of California, Los Angeles, told Cowboy State Daily...

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