The Latest News from the Institute for Free Speech January 27, 2023 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]. We're Hiring! Communications Director – Institute for Free Speech – Washington, DC or Virtual Office .....The Institute for Free Speech is seeking a skilled communicator with experience in media relations and a proven record of developing relationships with journalists and influencers. This role will support all aspects of the Institute for Free Speech’s work. The Communications Director will understand both traditional media outreach efforts and social media to share the Institute’s pro-speech message. This position demands a candidate who has an in-depth understanding of what drives news stories and can use the news cycle to educate the public on the threats to and the importance of free speech. In short, you will help spread the Institute’s message and fight for the First Amendment’s speech freedoms and a culture of free speech in the court of public opinion. Reason ("Volokh Conspiracy"): Summer Fellowships from the Institute for Free Speech and The Fund For American Studies By Josh Blackman .....I am pleased to pass along opportunities for summer fellowships. The Institute for Free Speech is inviting applicants for a Free Speech Summer Associate Legal Fellowship: The 2023 Institute for Free Speech Summer Associate Legal Fellowship is a unique opportunity for current law school students to explore a career in public interest and First Amendment law. The program is open to students who will finish their first or second year of law school by the summer of 2023. Fellows are expected to work full time for ten weeks in our Washington, D.C. headquarters, but other arrangements may be available to especially outstanding candidates. Fellows are eligible to earn $10,000 in salary for their ten weeks of employment. During the fellowship, students will work with Institute for Free Speech attorneys for a portion of their time. Each fellow will also be expected to complete a project. Applicants are encouraged to be creative in suggesting a project as part of their application. While many projects may produce papers suitable for publication, we will consider any project related to protecting or advancing First Amendment rights. Congress Free Beacon: Fact Check: Jon Tester Says Citizens United Is the ‘Worst Decision the Supreme Court Has Ever Made’ By Josh Christenson .....Claim: Citizens United v. Federal Election Commission is "the worst decision the Supreme Court has ever made." ... Tester made the superlative claim on Monday as he introduced a constitutional amendment to overturn the 2010 Citizens United decision... In the 1857 case Dred Scott v. Sandford, the Court upheld the legal basis for chattel slavery in the United States, ruling that an enslaved black man who had traveled to free territories had to be kept in bondage. The case catalyzed support for the abolition of slavery, eventually leading to the outbreak of the Civil War... In 1944, the Court ruled in Korematsu v. United States that President Franklin D. Roosevelt’s (D.) internment of Japanese Americans during World War II was justified to protect the nation against foreign espionage efforts... Tester is also not immune to the allure of taking money from corporate interests. An Associated Press fact check found Tester received more cash from lobbying groups than any other U.S. senator during the 2018 election, including from big corporate banks like Goldman Sachs. Privacy First Amendment News: Special law review issue: New and forthcoming articles — First Amendment News 364 By Ronald K.L. Collins .....Jordan Wallace-Wolf, “Nobody’s Business: A Novel Theory of the Anonymous First Amendment,” Hastings Constitutional Law Quarterly (2022) Namelessness is a double-edged sword...Persons should ordinarily be held responsible for what they do, but in some cases, where there is sufficient justification, they may enjoy a privilege not to be. One such privilege — the privilege to participate in community thinking — is based in the First Amendment interest that persons have in developing their thinking with others without having to be held responsible for it. I argue that this privilege was not applicable eleven years ago to the challengers in Doe v. Reed and is, for somewhat similar reasons, not applicable to the challengers in the Supreme Court’s most recent anonymity case: Americans for Prosperity Foundation v. Bonta. I argue it was wrongly decided. Online Speech Platforms Slate: Meta is Bringing Trump Back to Facebook. It Should Keep Him on a Short Leash to Protect Our Democracy. By Richard L. Hasen .....So what should Meta do now that it has invited Trump to return? First, the company should understand it has significant leverage over him. Trump has used Facebook advertising as an effective fundraising tool in the past, which probably explains why he lobbied Meta to return to the platform, even as he has so far declined to return to Twitter. While Meta has said that Trump will face “heightened penalties” if he breaks the platform’s rules, such as by creating a risk of civil unrest, it should go further. Mark Zuckerberg should call Trump directly and warn him that he risks having his posts demoted or removed and his advertising limited if he glorifies or encourages violence, especially election-related violence. Candidates and Campaigns New York Times: George Santos Says He Has a New Treasurer. The Treasurer Does Not Agree. By Michael Gold .....Like much of Representative George Santos’s financial background, the move to replace his longtime treasurer, Nancy Marks, was shrouded in confusion. The States Eagle-Tribune: SJC to weigh super PAC ballot question case By Christian M. Wade .....Good government groups want the state's highest court to overturn a decision by former Attorney General Maura Healey to reject a ballot question calling for limits on campaign spending by political action committees. A lawsuit filed by several Massachusetts voters, which goes before the state Supreme Judicial Court next month, argues that the AG's office erred when it rejected a petition to limit contributions to super PACS and other groups. Colorado Sun: Colorado baker loses appeal over transgender birthday cake By Associated Press .....The Colorado baker who won a partial U.S. Supreme Court victory after refusing to make a gay couple’s wedding cake because of his Christian faith lost an appeal Thursday in his latest legal fight, involving his rejection of a request for a birthday cake celebrating a gender transition. The Colorado Court of Appeals ruled that that the cake Autumn Scardina requested from Jack Phillips and Masterpiece Cakeshop, which was to be pink with blue frosting, is not a form of speech. SC Times: Why some want to make public spending on political campaigns in Minnesota less like Menards rebates By Peter Callaghan, MinnPost .....Backers of House File 3, a broad elections bill offered by legislative DFLers, want to increase knowledge and usage by voters with something they call Democracy Dollars. Patterned after a program pioneered in Seattle and now adopted by Oakland, the idea is to send two, $25 coupons to every voter in Minnesota. Those voters can then give them to candidates who, in turn, can cash them in with the state. Courthouse News: A slew of election bills sent to Arizona House floor By Joe Duhownik .....The committee unanimously voted to pass along HB3278, a bill prohibiting the secretary of state, county supervisors, county recorders and all other election officers from associating in any way with political action committees... Biasiucci and Kolodin said part of the bill’s goal is to eliminate what De Los Santos called “dark money” — campaign donations that are not traceable to a source. De Los Santos asked Biasiucci if he’d consider adding an amendment saying that election officers can’t publicly endorse candidates, but Biasiucci said he worries that would infringe on people’s First Amendment rights. Read an article you think we would be interested in? 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