June 6, 2025

Ed. note: The Media Update will return Tuesday, June 9.

In the News

Inside America (TRT World): Free Speech For Some? Trump vs. The First Amendment

.....IFS President David Keating speaks to Inside America about the First Amendment. Interview begins at 9 mins 27 seconds.

New from the Institute for Free Speech

Free Speech Arguments – Can Maine’s State Legislature Deny Voting Rights to a Legislator for a Social Media Post? (Libby v. Fecteau)

.....Libby, et al. v. Fecteau, et al., argued before Circuit Judge Lara Montecalvo, Circuit Judge Seth Aframe, and District Judge Camille Vélez-Rivé in the U.S. Court of Appeals for the First Circuit on June 5, 2025. Argued by Taylor Meehan of Consovoy McCarthy PLLC (on behalf of Laurel Libby, et al.), Harmeet Dhillon, Assistant Attorney General for Civil Rights (for Amicus Curiae United States, supporting appellant), and Jonathan Bolton, Maine Assistant Attorney General (on behalf of Ryan M. Fecteau, et al.).

Background of the case, from the Brief of Appellants:

Congress

Congressman Bill Huizenga:  Huizenga Introduces Legislation to Protect Free Speech, Stop Government Censorship, & Codify Trump Executive Order into Law

.....Today, Congressman Bill Huizenga (R-MI), Chairman of the House Foreign Affairs Subcommittee on South and Central Asia, announced the introduction of H.R. 3719, the Restoring American Freedom Act. This commonsense measure bans employees at the State Department from silencing the free speech of American citizens by explicitly stating that no taxpayer dollars can be used to unconstitutionally limit the free speech of any American citizen. Additionally, this legislation stops the federal government from using third party entities to “blacklist” Americans or create censorship tools used against Americans.

The Courts

Tallahassee Democrat: Parents fight dismissal of lawsuit on Florida’s book ban policies

By Stephany Matat

.....Three public school parents in Florida are appealing a federal judge's dismissal of their discrimination lawsuit earlier this year, in which they argued the state violated their First Amendment rights by not allowing them to challenge school board decisions to remove books.

The case involves a law approved by Gov. Ron DeSantis in 2023 that allows parents to use a state review process to object to when school boards decide not to remove or restrict a book.

The parents say this case against the State Board of Education is discriminatory, according to a brief filed with the 11th Circuit U.S. Court of Appeals June 4, since they can't use this same process when a school board does decide to remove or restrict books.

Reason: A First Amendment Right To Preach Orgasm?

By Elizabeth Nolan Brown

.....Typically, a forced labor case involves someone employing violence, threats of violence, or other means of "serious harm" in order to compel someone to work for them. But again and again, government witnesses—former OneTaste volunteers, employees, and community members—testified that they were entirely free to quit their positions, move out of OneTaste communes, or otherwise cease formal associations with the group without threat of physical harm or some sort of serious retaliation. They just didn't want to go because they feared being excommunicated from the OneTaste community, which they had become dependent on for their social, sexual, and spiritual identities.

The idea that this constitutes a "serious harm" that can sustain a forced labor charge "gets us into some very worrisome First Amendment issues, because the First Amendment protects people's right to assemble as they see fit," Bonjean told U.S. District Judge Diane Gujarati on Monday.

DOJ

Daily Signal: Utterly Inexcusable: Here’s How 1,000 FBI Employees Responded to the Anti-Catholic Memo

By Tyler O'Neil

.....[W]hen 1,000 FBI employees received the notorious memo citing the SPLC as an authority on “radical traditional Catholics,” most didn’t even blink.

According to newly released documents from Sen. Chuck Grassley, R-Iowa, the FBI distributed the email originating from the Richmond, Virginia, field office to “more than 1,000 individuals in the FBI” on Feb. 2, 2023.

Surely, there would be a large outcry from FBI analysts who ostensibly knew that the SPLC wasn’t a trustworthy source. The Richmond office’s phone should have been ringing off the hook. This was a major scandal.

Instead, there were crickets.

“No one contacted FBI [Richmond headquarters] with concerns, suggestions, or negative feedback related to the product,” an FBI internal report reveals. “FBI [Richmond] only received positive input indicating the importance of further outreach and external dissemination of intelligence to mitigate the threat posed by [racially-motivated violent extremists].”

Free Expression

FIRE: Voters strongly support prioritizing freedom of speech in potential AI regulation of political messaging, poll finds

.....Americans strongly believe that lawmakers should prioritize protecting freedom of speech online rather than stopping deceptive content when it comes to potential regulation of artificial intelligence in political messaging, a new national poll of voters finds.

The survey, conducted by Morning Consult for the Foundation for Individual Rights and Expression, reflects a complicated, or even conflicted, public view of AI: People are wary about artificial intelligence but are uncomfortable with the prospect of allowing government regulators to chill speech, censor criticism and prohibit controversial ideas.

The Media

Reason: If Viewers Love PBS So Much, Let Them Pay for It

By Robby Soave

.....A trio of researchers—Christopher Ali, Hilde Van den Bulck, and Jonathan Kropko—published their study, "An island of trust: public broadcasting in the United States," in which they argue that PBS is an atypically trusted source of information, and thus deserves continued public support. In a writeup of their paper, published by Nieman Lab—Harvard University's investigative journalism foundation—the researchers argue that "Americans trust PBS because it's publicly funded, not in spite of it."

"Very little seems to unite Americans these days," the authors write. "Trust in government and public institutions is precipitously low. PBS bucks this trend. It is an 'island of trust' in an ocean of what some call 'post-trust' and others call 'post-truth.' It can be the focal point for a renewed spirit of American public discussions, a commitment to journalism, and a platform to recultivate trust."

One issue: The study measured trust in PBS, not among all Americans, but among viewers of PBS. That was the sample: survey respondents who themselves watch PBS. This is hardly a surprising finding—and is not whatsoever grounds for public funding. Regular viewers of Fox News, for instance, place very high levels of trust in Fox News. Does that mean all Americans do? Does it mean that Fox News should receive public funding? One doubts that the researchers would agree with such an argument. In any case, they did not respond to a request for comment.

Candidates and Campaigns

Business Wire: Ellis George LLP: Proven Problem Solver, Gubernatorial Candidate Villaraigosa Stands on First Amendment to Fight Trademark Suit by Political Rival

.....Democratic California Gubernatorial candidate Antonio Villaraigosa, the former Los Angeles Mayor and Speaker of the California Assembly, demanded in a court filing (Case No. 2:25-cv-03790) the dismissal of a lawsuit seeking to prevent him from using the phrase “proven problem solver” in his campaign for California governor.

The States

Cleveland.com: Ohio Senate GOP budget bill would loosen state’s ban on political spending by corporations, unions

By Jeremy Pelzer

.....Language tucked into Ohio Senate Republicans’ new state budget plan would eliminate the state’s ban on corporations and labor unions making independent expenditures for or against political candidates, as well as end contribution limits to independent dark-money groups.

At the same time, the budget bill would also impose new limits on contributions to ballot-issue campaigns, which Democrats have used during the past couple years to pass liberal policies despite GOP dominance over state government.

Arizona Republic:  Protesters and journalists are barred from the outside of immigration court. Is it legal?

By Taylor Seely

.....Activists and journalists gathered outside a federal immigration court in late May to do what they always do.

The activists wanted to help migrants attending hearings know their legal rights, chastise immigration officers and show resistance to deportation efforts. Reporters wanted to bear witness, interview sources and share stories with the world about what was happening.

Usually, assembling outside a court to protest, observe or report would be no problem. But May 21, private security told photojournalists and activists to leave the property. Phoenix police issued the same warning to activists May 28, and said they could get cited for trespassing — a criminal violation.

By early June, a rope was installed to keep the public off the property, and "No Trespassing" signs were installed.

That's because the immigration court isn't in a federal facility — it's in a private office building. Police officers said the landlord of the building had asked for people to leave if they did not have immediate business on the property. 

AP News: Consultant behind AI-generated robocalls mimicking Biden goes on trial in New Hampshire

By Holly Ramer

.....A political consultant who sent voters artificial intelligence-generated robocalls mimicking former President Joe Biden last year went on trial Thursday in New Hampshire, where jurors are being asked to consider not just his guilt or innocence but whether the state actually held its first-in-the-nation presidential primary.