April 11, 2025

Ed. note: The Daily Media Update will return Tuesday, April 15.

In the News

Federalist Society: Litigation Update: Henderson and Parents Defending Education

.....How much control can public schools exercise over the speech of their students and staff on divisive issues such as anti-racism and using preferred pronouns? Two en banc cases out of the Sixth Circuit and Eighth Circuit are poised to answer that question soon...

Featuring: 

• Brett Nolan, Senior Attorney, Institute for Free Speech 

• (Moderator) Edward D. Greim, Partner, Graves Garrett Greim LLC

The Courts

AP News: Pressed for evidence against Mahmoud Khalil, government cites its power to deport people for beliefs

By Jake Offenhartz

.....Facing a deadline from an immigration judge to turn over evidence for its attempted deportation of Columbia University activist Mahmoud Khalil, the federal government has instead submitted a brief memo, signed by Secretary of State Marco Rubio, citing the Trump administration’s authority to expel noncitizens whose presence in the country damages U.S. foreign policy interests.

The two-page memo, which was obtained by The Associated Press, does not allege any criminal conduct by Khalil, a legal permanent U.S. resident and graduate student who served as spokesperson for campus activists last year during large demonstrations against Israel’s treatment of Palestinians and the war in Gaza.

Election Law Blog: Sixth Circuit on 2-1 Vote Lifts Stay in Longrunning Dispute over Ohio AG’s Failure to Approve Ballot Language Summary for Petition Circulation; AG Goes to SCOTUS

By Rick Hasen

.....You can find the Sixth Circuit’s order and dissent at this link.

The AG is already off to SCOTUS.

Congress

Washington Post: Meta silenced a whistleblower. Now she’s talking to Congress.

By Naomi Nix

.....A former global policy director at Meta told a Senate committee Wednesday that top executives at the social media giant were willing to undermine national security and “betray American values” to build a censored version of Facebook for the Chinese market.

Donor Privacy

People United for Privacy: Doxing Nonprofit Donors Won’t Stop Out-Of-State Money in Elections

By Luke Wachob

.....Republican lawmakers increasingly express concerns about the role of so-called “dark money” and out-of-state donors in elections, critiques once largely championed by Democrats. Efforts to prohibit out-of-state persons from spending money in state campaigns and ballot measures, however, have failed in court as a violation of the First Amendment and Commerce Clause of the United States Constitution. In response, some Republicans are now flirting with a Democratic proposal that would dox supporters of any organization that speaks about state politics. This desperate and misguided policy would impose significant harms on in-state nonprofits and donors while failing to stop national organizations from intervening in state elections.

Trump Administration

Washington Post: U.S. will monitor immigrants’ social media for ‘antisemitic activity’

By Anumita Kaur and María Luisa Paúl

.....U.S. Citizenship and Immigration Services will begin screening immigrants’ social media accounts for antisemitic content as grounds to deny visa and green-card applications, the agency announced Wednesday — a move that immigration-law and free-speech experts said the government could use to target political speech it dislikes.

The Guardian: Trump directs DOJ to investigate former administration officials who criticized him

By David Smith

.....Donald Trump’s persecution of critics intensified on Wednesday when he ordered the justice department to investigate a whistleblower and a cybersecurity director who refuted unfounded claims of election fraud.

The US president signed memorandums targeting Miles Taylor and Chris Krebs, former homeland security officials who served in the first Trump administration.

The States

Fox News: NC House lawmakers pass bill banning emergency aid discrimination after FEMA Trump sign debacle

By Audrey Conklin

.....North Carolina state representatives have passed legislation prohibiting those rendering emergency aid from discriminating against those they assist based on political affiliation or political speech. 

H.B. 251 also adds "a provision that no applicant for any State emergency assistance in the form of grants shall be required to provide any personal demographic information unless the information is necessary to award the grant or is otherwise required by law."

Dallas Morning News: A Texas Republican benefited from out-of-state donors. Now he wants to limit their impact

By Nolan D. McCaskill

.....Texas soon could impose limits on out-of-state political contributions under a bill filed by former House Speaker Dade Phelan that would curb such influence…

Phelan, R-Beaumont, pitched his bill to limit big money from donors who don’t reside in the Lone Star State to colleagues during a Wednesday committee hearing…

Texas only has campaign contribution limits for judges and judicial candidates in nonfederal races, allowing unlimited sums of money to flow into the campaign coffers of Texas candidates from donors nationwide.

Phelan’s House Bill 3592 would limit such contributions to Texas candidates and officeholders from donors whose principal address is out of state to $5,000 for statewide candidates, $2,500 for district office candidates and $1,000 for county office candidates.

Candidates who accept out-of-state donations beyond the caps would have to return the money within five days of accepting it or by the final day of a reporting period.

Capitol Hill Seattle Blog: Seattle City Council preparing proposal for larger $4.5M a year Democracy Voucher levy to go to voters this summer

.....The Seattle City Council’s Governance, Accountability, and Economic Development Committee is set to take up legislation Thursday afternoon that will put the decision on a proposed new $4.5 million a year levy to fund the city’s Democracy Voucher program on the ballot.

CHS reported here on the Harrell administration proposal to renew the program first approved by voters in 2015 in hopes of helping to dampen the power of large campaign donors in the city’s politics.

The proposal from Harrell’s office would expand the Seattle Ethics and Elections Commission program with a $45 million property tax over 10 years, “costing the median assessed value Seattle homeowner about $12.20 a year,” according to Harrell’s announcement.

Wisconsin Examiner: Wisconsin Democrats try again for advisory referendum on overturning Citizens United

By Baylor Spears

.....Wisconsin Democrats are resurrecting a resolution that would allow voters to weigh in on whether the U.S. Supreme Court’s landmark Citizens United ruling should stand — an effort that comes just a week after historic spending in Wisconsin’s state Supreme Court election.