January 26, 2023

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

ICYMI

AZCentral: Why disclosing 'dark money' donations actually hurts your freedom of speech

By Alec Greven

.....Your free speech rights became much less secure after the passage of Proposition 211 last year.

The new law harms your right to join others to form groups to press for government reform. With the law’s forced disclosure of names and addresses, fewer will want to join such groups and lend their voice to important social issues.

Those who think the status quo is just fine probably welcome these changes. The rest of us should worry. So it’s a good thing that the Goldwater Institute recently filed a lawsuit challenging the measure, saying it violates Arizonans’ constitutional rights to free speech and assembly.

The Courts

Courthouse News: Routine journalism or felony solicitation? Fifth Circuit hears case of jailed reporter

By Cameron Langford

.....A popular Texas independent journalist who was arrested on felony “misuse of official information” charges after publishing names she obtained from a police officer asked the full Fifth Circuit on Wednesday to revive her First Amendment lawsuit.

Fresno Bee: Judge questions clarity of new California law targeting doctors who share COVID-19 misinformation

By Stephen Hobbs

.....A federal judge said Monday that he couldn’t make sense of a critical provision in a new law that punishes doctors for spreading false information about COVID-19 to their patients. Senior Judge William Shubb called its definition of misinformation “nonsense” during a hearing in the United States District Court in Sacramento.

Reason: A Louisiana Town Repeatedly Arrested A Man For His "FUCK JOE BIDEN" Flags. Now, He's Suing.

By Emma Camp

.....A man has filed suit against the town of Grand Isle, Louisiana,* claiming he was repeatedly ticketed, detained, and even criminally charged for flying two flags reading "FUCK JOE BIDEN" on his pickup truck.

According to the lawsuit, filed Tuesday by Ross Brunet, his flags were protected by the First Amendment. "In violation of long-established law, the Town has routinely detained, cited, and forced Mr. Brunet to go to trial to vindicate his constitutional rights, taking the extraordinary step of adopting a boldly unconstitutional local Ordinance to silence him," the 18-page complaint reads.

Congress

People United for Privacy: “End Dark Money Act” Conjures Memories of IRS Tea Party Targeting Scandal

By Luke Wachob

.....Imagine you’ve just been elected to Congress. It must be quite the feeling. A victory in a hard-fought campaign. An opportunity to better your community. An endorsement from thousands of your friends, neighbors, and fellow citizens to represent them in the halls of power.

What would you do first? What would be your signature issue?

Colorado Rep. Jason Crow (D) has a simple answer: empower the IRS to target his political enemies and chill free speech.

For the third consecutive Congress, Rep. Crow introduced the so-called “End Dark Money Act” (H.R. 142 in the current Congress) as his first legislative act. The bill – previously included in H.R. 1, the Democrats’ omnibus legislation that included multiple anti-privacy provisions – would allow the IRS to suppress the speech of nonprofit organizations that discuss government and public policy. In so doing, it would open the door to the kind of political targeting and abuse last seen at the IRS during the Obama administration.

Roll Call: GOP bill to protect speech on social media may gag officials

By Sean Michael Newhouse

.....The bill that senior House Republicans introduced this month to prohibit federal officials from pressuring social media companies to censor speech has some experts worried it could hamstring government efforts to combat online content that's widely perceived as harmful, including threats to public safety.

Republicans say the bill is designed to protect free speech on social media, but language directing officials not to use their authority or influence to "promote" or "advocate" the removal of content is raising questions about how those terms would be defined and whether public officials might themselves be muzzled.

Washington Examiner: House committee launches IRS whistleblower portal in ramp-up of oversight

By Zachary Halaschak

.....Ways and Means Committee Chairman Jason Smith (R-MO) announced on Wednesday the launch of an online portal for IRS employees to report malfeasance directly to Congress...

Smith has also expressed frustration about the still-unexplained leak last year of the tax returns of thousands of the nation’s wealthiest people. The leak happened while the Biden administration was pushing tax policy and proposals on the basis that the wealthiest people in the United States are not paying their fair share in taxes.

Free Expression

National Review: Video-Game Company Caves to Trans Activist’s Online Pressure Campaign, Fires Targeted Employee

By Caroline Downey

.....After working for more than two years as the community manager for a popular boutique video-game publisher, Kara Lynne was abruptly fired earlier this month in response to an online pressure campaign launched against her employer by a transgender activist.

Her alleged crimes? Enjoying Harry Potter and following some politically disfavored accounts on Twitter.

Online Speech Platforms

Axios: Exclusive: Facebook to reinstate Trump

By Sara Fischer and Mike Allen

.....Meta will reinstate former President Trump's Facebook and Instagram accounts "in coming weeks" following a two-year suspension, according to Nick Clegg, the company's president, global affairs...

Trump will be subject to new policies around restricting accounts by public figures during civil unrest. Under those policies, Meta can decide to restrict the account of a public figure that violates its community standards for a time ranging from one month to two years.

Trump will also be subject to a crisis policy protocol, introduced by Meta in August, that will consider both on and off-platform risks of imminent harm to evaluating whether the actions or speech of any public figures requires sanctioning.

Daily Beast: Ron DeSantis’ Secret Twitter Army of Far-Right Influencers

By Jake Lahut

.....According to five Republicans familiar with the discussions, the governor’s top lieutenants have quietly recruited a network of conservative social media influencers as part of a broader attempt to circumvent the mainstream press and appeal directly to GOP primary voters nationwide.

Intercept: Elon Musk Caves to Pressure from India to Remove BBC Doc Critical of Modi

By Murtaza Hussain and Ryan Grim

.....Twitter and YouTube censored a report critical of Indian Prime Minister Narendra Modi in coordination with the government of India. Officials called for the Big Tech companies to take action against a BBC documentary exploring Modi’s role in a genocidal 2002 massacre in the Indian state of Gujarat, which the officials deemed a “propaganda piece.”

Candidates and Campaigns

Axios: GOP senator's campaign says cybercriminals stole $690,000 from them

By Herb Scribner

.....Hundreds of thousands of dollars were stolen from the campaign of Sen. Jerry Moran (R-Kan.) by a cybercriminal, his campaign office said in a filing to the Federal Election Commission.

A campaign spokesperson told NBC News that the FBI has opened an investigation into the matter.

The States

Wiley: New York Ethics Commission Launches New Lobbying Training Program – Requires More People to be Trained

By Carol A. Laham, Hannah J. Miller, and Teresita Regelbrugge

.....On January 18, the New York Commission on Ethics and Lobbying in Government (COELIG) launched a new online ethics training. Previously, only Individual Lobbyists were required to complete training. Now, all Individual Lobbyists, Principal Lobbyists, Contractual Clients, and Beneficial Clients (Training Required Roles) must complete the new training program within 60 days of the first registration after the January 18, 2023, launch date and every three years thereafter. Individual Lobbyists are subject to this deadline regardless of how recently they completed a training under the old program.

Below is a summary of who must complete this new training requirement, how, and by when:

Richmond Times-Dispatch: Groups lobby legislators on behalf of campaign finance reform

By Charlotte Rene Woods

.....Several advocacy groups gathered at the Capitol on Tuesday morning for a rally and later to lobby legislators, urging them to pass campaign finance reform legislation.

A handful of legislators also joined them for a news conference about a number of bills taking aim at how they and their elected colleagues fund their campaigns. Proposals include measures to restrict personal use of campaign funds, to put limits on campaign contributions and a resolution requesting the U.S. Congress pass a constitutional amendment. That proposal, from Del. Vivian Watts, D-Fairfax, urges Congress to clarify that states have the power to regulate election contributions and expenditures in their own contests while Congress has such power in federal elections.

Organized by groups like BigMoneyOutVA, UpVote Virginia and Fair Vote, a crowd of about 50 people attended the morning rally and conference.

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