Email from The Institute for Free Speech The Latest News from the Institute for Free Speech April 24, 2025 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]. In the News Original Jurisdiction: Judicial Notice (04.20.25): All Fed Up By David Lat Speaking of free speech and the First Amendment, Judge Steven McAuliffe (D.N.H.) ruled against the plaintiffs in Fellers v. Kelley, soccer dads who wore pink “XX” wristbands as a silent protest against transgender athletes playing on girls’ sports teams—and were told that they had to either put away the wristbands or leave the game they were watching. Del Kolde of the Institute for Free Speech, counsel to the plaintiffs, said his clients “strongly disagree with the Court’s opinion,” since “this was adult speech in a limited public forum, which enjoys greater First Amendment protection than student speech in the classroom.” The Courts NPR: Environmental groups say Trump administration violated their free-speech rights By Michael Copley .....But a lawsuit filed recently in federal court in South Carolina goes further. A group of nonprofits and municipalities alleges the Trump administration violated their free-speech rights by targeting them over language in their grant documents, including words like "equity" and "socioeconomic," and trying to force them to use different language. They're not alone: Harvard University filed suit Monday arguing that a federal funding freeze threatens its First Amendment rights. The Free Press: Exclusive: Doctor Fired for Trans Surgery Comments Receives $1.6 Million Settlement By Josh Code .....Child psychiatrist Allan Josephson will receive a $1.6 million settlement this week from the University of Louisville, which fired him in 2019 for criticizing the rush to use hormone therapy and gender reassignment surgery to treat gender dysphoria in children. In an exclusive interview with The Free Press about the settlement, Josephson said when he heard the offer, he was stunned. “I looked at my wife and I said, ‘This is amazing,’ ” Josephson told The Free Press. “We felt vindicated by the amount that we won.” In 2019, Josephson was among the first doctors in the United States to lose his job for publicly criticizing the growing movement to quickly affirm and medically transition children with gender dysphoria. His ordeal began after he spoke out at a Heritage Foundation panel on the threat of activist clinicians. “Transgender ideology. . . is neglectful of the need for developing coping skills and problem-solving skills in children,” he said on the panel. Washington Post: Woman seeks $5M in damages after removal from GOP town hall for heckling By Daniel Wu .....An Idaho woman who was dragged out of a local Republican town hall in February by private security guards for heckling lawmakers is seeking $5 million in damages after the confrontation drew widespread attention and led city officials to press criminal charges against the guards. Video of plainclothes guards hauling the protester, Teresa Borrenpohl, out of her seat and forcing her to the ground in a Coeur d’Alene auditorium on Feb. 22 went viral as stories emerged across the country of constituents speaking out against Republican policies in contentious town halls. Critics saw Borrenpohl’s ejection as an assault on free speech. Last week, the city attorney charged five security guards with violations of city code for conduct of private security guards and four with battery and false imprisonment of Borrenpohl. Another man, an attendee, was charged with battery in a separate incident at the event. FEC Washington Examiner: FEC dismisses complaint against NPR accusing it of advocating Harris By Jack Birle .....The Federal Election Commission unanimously dismissed a complaint against NPR accusing it of “clearly and unmistakably” advocating then-Vice President Kamala Harris in the 2024 election. The vote of the four commissioners, made up of two Republicans and two Democrats, was held in February, but the FEC disclosed the dismissal on Monday. NPR’s victory comes as the news organization has been under intense scrutiny by Republicans for its coverage of politics. Trump Administration The Bedrock Principle: The Deportation of Dissent By Jacob Mchangama and Hirad Marami .....The Department of Homeland Security recently announced that U.S. Citizenship and Immigration Services would begin screening the social media posts of “aliens applying for lawful permanent resident status,” as well as foreign students and others affiliated with educational institutions deemed linked to antisemitic activity. In particular, USCIS will deny benefits to applicants whose posts indicate support for “antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity.” … But the question is not only constitutional — it is foundational. Is deporting foreigners for expressing disfavored views compatible with a robust commitment to a culture of free speech? As it turns out, history has a lot to tell us about states that exclude foreigners with controversial opinions and those that welcome non-native dissenters. Jonesing on Nonprofits: US Attorney Sends Bizarre Thought Police Letter to Nonprofit Research Journals By Darryll K. Jones .....I have no idea what prompted the Interim U.S. Attorney for the District of Columbia to send a thought police letter to medical research journals last week. Is he trying to get media attention or just trying to show the boss that he can be just as outrageous as anybody else in the Trump Administration? Reason: Trump's Actions Contradict His Avowed Commitment to First Amendment Rights By Jacob Sullum .....On the first day of his second term, President Donald Trump signed an executive order aimed at "restoring freedom of speech." But judging from his administration's policies and his actions as a private litigant, Trump's commitment to that principle is highly selective at best. Free Expression Sharyl Attkisson: I was swatted as part of a disturbing wave of dangerous attacks .....A disturbing surge of swatting attacks has struck media personalities, conservative influencers, and me too. The FBI is investigating. FBI Director Kash Patel has said, “This isn’t about politics—weaponizing law enforcement against ANY American is not only morally reprehensible but also endangers lives, including those of our officers. That will not be tolerated.” “Swatting” is the crime of making calls to report fake emergencies in order to provoke armed police responses. The calls often claim a shooting, hostage situation, or bomb threat—to dispatch heavily armed police, typically SWAT teams, to a victim’s address. As federal and local authorities scramble to investigate, the incidents highlight the growing threat of swatting in a polarized digital age. The attack on me and my family, like many swatting attacks, included not only the hoax report but also a flurry of other harassment tactics and threats. Online Speech Platforms New York Times: They Criticized Musk on X. Then Their Reach Collapsed. By Stuart A. Thompson .....When Mr. Musk purchased X in 2022, he promised to create a free speech haven and named himself a “free speech absolutist.” Critics still feared that Mr. Musk would use his control of the app to pick and choose his favorites, amplifying voices he admired while suppressing people or topics he loathed. The New York Times found three users on X who feuded with Mr. Musk in December only to see their reach on the social platform practically vanish overnight. The accounts are the starkest signs yet that Mr. Musk or others at the company have the power to punish critics and that they may be willing to use it, startling free speech advocates who hoped that the billionaire would be their champion. The States Ohio Capital Journal: Ohio House budget would eliminate independent campaign finance oversight By Nick Evans .....The Ohio House’s version of the budget would eliminate the independent group charged with enforcing state campaign finance laws. With the Ohio Election Commission gone, those duties would fall to the Secretary of State and county boards of elections. Lawmakers slipped the provision into the 5,000-plus page bill as part of a wide-ranging amendment the day before the vote. But lawmakers’ frustrations with the commission became apparent months ago. At a February hearing, state Rep. Brian Stewart, R-Ashville, expressed “grave concerns” about the commission and said its process is “substantially broken.” “I’m getting texts and calls here from other members saying, this is the time to make some reforms,” he said at the time, “and I hope we do that as part of this process.” Missouri Independent: Missouri campaign watchdog is once again unable to function due to vacancies By Rebecca Rivas .....The complaint is among 16 others that have been dismissed in the more than 100 business days since the commission last had enough members to reach a quorum. It’s the second time in less than a year that the commission hasn’t had enough members to enforce state campaign and ethics laws. Fox 17: Tennessee bill on preferred pronouns stirs debate over free speech vs potential harm By Ray Collado .....The bill says that if someone's preferred name or pronouns are not consistent with their birth name or sex, people would be protected from civil liability if they choose not to use someone's preferred pronouns. The bill also says if employers or schools implement preferred pronoun policies, they would be subject to civil action. Read an article you think we would be interested in? Send it to Tiffany Donnelly at [email protected]. For email filters, the subject of this email will always begin with "Institute for Free Speech Media Update." The Institute for Free Speech is a nonpartisan, nonprofit 501(c)(3) organization that promotes and defends the political rights to free speech, press, assembly, and petition guaranteed by the First Amendment. Please support the Institute's mission by clicking here. For further information, visit www.ifs.org. 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