January 5, 2023

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Supreme Court

Washington Post ("Technology 202"): 2023 is poised to be a landmark year for tech legal bouts

By Cristiano Lima

.....With the Supreme Court set to weigh in on the tech industry’s liability protections in two landmark cases — and more potentially on the way — 2023 is shaping up to be a watershed year for courtroom battles over internet regulations.

The high court in February will hear oral arguments in Gonzalez v. Google and Twitter v. Taamneh, cases that will weigh the limits of Section 230 — the decades-old law that largely shields digital services from lawsuits for hosting and moderating user content.

Tech industry groups are separately pushing for the courts to strike down platform regulations in Texas, Florida and California, setting up other marquee standoffs that could have sweeping implications for online services and content moderation.

Here are the key legal questions that courts could settle this year:

The Courts

Dallas Morning News: Individuals, other politicians can spend money in Texas House speaker races, court agrees

By Robert T. Garrett

.....A staunchly conservative Rockwall County lawmaker and tea party-style activists have successfully sued to wipe out restrictions on who can spend money to influence a contest for Texas House speaker.

On Tuesday, a federal judge in Austin accepted a proposed settlement and permanently barred the state from enforcing ethics laws that prohibit outside money from being spent in a speaker’s race.

Congress

Daily Caller: Exclusive: Rep. Fallon Introduces Bill Preventing Campaign Funds From Going To Candidate’s Immediate Family

By Henry Rodgers

.....Republican Texas Rep. Pat Fallon introduced legislation Tuesday that would prevent campaign funds from going to a candidate’s immediate family and holding the candidate directly responsible for knowingly violating the provision.

The Daily Caller first obtained the bill, which is titled the Family Integrity to Reform Elections (FIRE) Act. The Caller previously reported on a number of lawmakers who have used campaign funds to pay their immediate family.

Free Expression

Newsweek: The Story of the Jewish Lawyer Who Defended the Free Speech Rights of Nazis

By Lee Habeeb

.....The call that would forever change [ACLU lawyer David Goldberger]'s life, put his belief in free speech to the test and lead to a historic First Amendment ruling by the U.S. Supreme Court came from Frank Collin, the leader of the Chicago-based National Socialist Party of America (NSPA). "He wanted me to represent him because he'd just been sued by the village of Skokie seeking an injunction to prevent him from holding an assembly in the village the following Saturday," Goldberger said. "It was Tuesday evening, and the hearing was the next morning."

Wall Street Journal: The Campaign to Re-Educate Jordan Peterson

By The Editorial Board

.....You would think Canadians had learned by now not to tell Jordan Peterson what to say. The psychology professor became an internet sensation in 2016 after arguing that Canadian legislation amounted to “compelled speech” on gender pronouns. Now the College of Psychologists of Ontario is demanding that Mr. Peterson acknowledge he “lacked professionalism” in public statements and undergo a “coaching program” of remedial education.

Candidates and Campaigns

Politico: McCarthy’s political operation spent millions on lawmakers now opposing his speaker dreams

By Madison Fernandez

.....Money can buy a lot of things. The speakership of the House may not be one of them.

In the 2022 election cycle alone, political groups affiliated with Rep. Kevin McCarthy (R-Calif.) spent over $1 million supporting Republican representatives who have now voted against him for speaker, according to a review of federal campaign finance records.

Online Speech Platforms

Wall Street Journal: How to Take the Twitter Files to Court

By Jed Rubenfeld

.....Elon Musk says the Twitter Files prove a profound and systematic violation of the First Amendment. Commentators on the left insist they’re a “nothingburger.” This dispute ought to be resolved in court. But how?

The States

Bloomberg Law: Pennsylvania Privacy Rights Keep City Legal Fund Donors Secret

By Alex Ebert

.....Privacy rights of donors who helped a Pennsylvania city hire attorneys to defend municipal gun regulation outweigh the public interest in knowing who gave the cash, the Pennsylvania Commonwealth Court ruled Tuesday.

The ruling is a limited win for the donors because it protects the names, addresses, and bank account information of individuals concerned that disclosure could lead to harassment, according to their attorney Joshua Bonn. But the ruling doesn’t alter state law allowing disclosure of public legal defense fund donations going forward.

“We have one client who is over 85 years old. He’s just afraid that if ...

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