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

New York Times: The Legal Intricacies That Could Make or Break the Case Against Trump

By Ben Protess, Jonah E. Bromwich, William K. Rashbaum and Kate Christobek

.....Whether hush money can amount to a campaign donation is not settled law. At the federal level, this issue arose with the prosecution of John Edwards, the former senator and presidential candidate, in a 2012 case that ended with jurors deadlocked over the majority of the charges, which prosecutors ultimately dropped.

Another case came in 2018, when Mr. Cohen pleaded guilty to federal charges involving the hush money. Because he pleaded guilty, the issue was never tested in the courts, but some campaign finance experts and conservative legal scholars have argued that the case was bogus.

“Michael Cohen Pled Guilty to Something That Is Not a Crime,” was the headline in a National Review article at the time.

Ed. note: The 2018 National Review article linked above was written by IFS Chairman and former FEC Chair Bradley A. Smith.

Daily Beast: How an Old Affidavit Could Undercut Trump’s Future Defense in the Stormy Daniels Case

.....There’s also a possibility that, despite the federal preemption doctrine, prosecutors will invoke a state campaign finance law—New York Election Law § 17-152, “conspiracy to promote or prevent election.”

As a group of legal experts wrote at Just Security on Monday, the question here is whether Trump and Cohen used “unlawful means,” and whether that broadly defined term—while not enumerating a crime per se—would also be preempted by federal law.

“If there is any relevant provision of state law, it wouldn’t matter as the Federal Election Campaign Act would preempt it. See for example, 52 USC 30143, which says in part that ‘the provisions of this Act, and of rules prescribed under this Act, supersede and preempt any provision of State law with respect to election to Federal office,’” Keating told The Daily Beast.

Washington Post: How government casually violates the letter and spirit of the First Amendment

By George F. Will

.....As long as the awful law exists, concerning which the Supreme Court will hear oral arguments on Monday, be careful what you say to, or write about, unauthorized immigrants. Congress, in one of the federal government’s increasingly frequent offenses against the First Amendment, makes it a crime if one “encourages or induces an alien to come to, enter, or reside in” this nation in violation of federal law. Let the formulation of hypotheticals begin in order to illustrate the law’s unconstitutional vagueness and overbreadth.

Center Square: 25 AGs: Inducing illegal immigration should be a crime

By Bethany Blankley

.....The attorneys general of 25 states have filed a petition with the U.S. Supreme Court asking it to protect a federal law that’s been used to prosecute those who “encourage” or “induce” illegal immigration.

The U.S. Supreme Court is scheduled to hear oral arguments in United States v. Helaman Hansen on March 27. The case is on appeal from the U.S. Court of Appeals for the Ninth Circuit.

Florida Politics: UCF professor who tweeted ‘Black privilege is real’ sues school for investigating and firing him

By Gabrielle Russon

.....The University of Central Florida (UCF) professor known for his controversial remarks on race and for making national headlines when the school unsuccessfully tried to fire him is now suing the university.

Charles Negy sued the UCF trustees, school President Alexander Cartwright and other officials for violating his First and 14th Amendment rights in a federal lawsuit.

Knight Institute: Krasno v. Mnookin

.....On March 17, 2023, the Knight Institute filed an amicus brief on behalf of itself, the Foundation for Individual Rights and Expression, and People for the Ethical Treatment of Animals in a Seventh Circuit case challenging the University of Wisconsin–Madison’s censorship of animal advocacy. Among other practices, the university uses Facebook’s and Instagram’s optional keyword-blocking tools to automatically hide comments containing words or phrases associated with animal advocacy.

Federalist: The U.S. Government Is Building A Vast Surveillance And Speech Suppression Web Around Every American

.....The federal government has awarded more than 500-plus contracts or grants related to “misinformation” or “disinformation” since 2020. One predominant area of research pushed by the Department of Defense involves the use of AI and ML technology to monitor or listen to internet “conversations.”

Maui News: Lawmakers pass bills on campaign, ethics reform

.....State lawmakers have passed three bills on campaign contributions, lobbying and gifts amid a session that’s put an emphasis on ethics reform following high-profile public corruption scandals.

Washington Post ("Technology 202"): California measure would force tech giants to pay news outlets

By Cristiano Lima

.....California lawmakers this week are launching a plan to force digital giants like Facebook and Google to pay publishers for news content, taking a contentious global fight to the state level.

On Monday, California Assemblymember Buffy Wicks (D-Oakland) announced legislation to require large tech companies to pay a “journalism usage fee” whenever they run digital ads next to news content, such as articles, while making publishers reinvest in journalism jobs.

The California Journalism Competition and Preservation Act resembles a separate bitterly contested federal bill that would allow publishers to jointly bargain content distribution terms with the tech giants. 

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