Top Trump Administration Recommendations
* I'm writing these recommendations on election eve. They are partial and incomplete and will be expanded in weeks to come. *
1. Work in a bipartisan manner to pass federal anti-SLAPP legislation.
a. Anti-SLAPP laws provide parties a way to quickly dismiss meritless lawsuits. They safeguard First Amendment values by providing easier procedural tools to dismiss frivolous lawsuits. To date, some 34 states feature anti-SLAPP laws, but federal law conspicuously fails to provide similar protection.
b. Enact federal legislation, similar to that proposed by Representative Raskin (D, Maryland). This enjoys broad bipartisan support.
2. Junk existing DOJ Policies and Guidance for dealing with the press. Rewrite to protect press freedom.
a. Representing Project Veritas, I’ve argued that the Department of Justice’s (DOJ) actions in searching the homes of Project Veritas journalists violate established DOJ policies designed to protect press freedoms. I’ve argued that these searches undermine the First Amendment rights of journalists and set a dangerous precedent for press freedom. I’ve emphasized that the DOJ’s own guidelines typically require negotiations with news organizations before seeking legal action, and that the department should have pursued alternative means to obtain information without resorting to invasive searches.
b. Existing Fourth Amendment precedent examining First Amendment concerns in criminal procedure echo this need to properly protect speech and press interests. Branzburg v. Hayes instructs that “no harassment of newsmen will be tolerated.” 408 U.S. 665, 709-10 (1972) (Powell, J., concurring). Branzburg promises that newsmen facing First Amendment intrusions will “not [be] without remedy.” Id. at 710. Similarly, Zurcher v. Daily Stanford instructs that materials sought to be seized that are protected by the First Amendment must meet the Fourth Amendment’s requirements with “scrupulous exactitude.” 436 U.S. 547, 564 (1978). Justice Powell’s concurrence further informs that this means that magistrates faced with search warrants for the press will “take cognizance of the independent values protected by the First Amendment.” Id. at 570 (Powell, J., concurring) (emphasis added). These “independent values” must include liberty interests spelled out in First Amendment jurisprudence. Justice Powell’s principles should be reflected in DOJ Policy and rewritten to protect free speech interests from snooping government eyes.
c. This is long overdue and should enjoy broad bipartisan support.
3. Enact a federal journalist privilege and shield law.
a. Pass something akin to Protect Reporters from Exploitative State Spying Act, enacting a federal journalist shield law. This would bar the federal agencies and courts from forcing reporters to identify confidential sources or disclosing newsgathering material, except in very circumstances.
b. Some 40 states already offer these protections. Federal law should offer similar protection available to journalists in federal courts.
4. Implement legislation curtailing government bodies’ power to coordinate and share information with social media platforms.
5. Implement legislation blocking federal funding or aid to public colleges and universities openly violating the First Amendment.
6. Expand whistleblower protections for federal employees and contractors.
7. Enact greater protection for anonymous speech in federal election law.
8. Be the first administration to respect tribal sovereignty and work in a bipartisan manner to pass legislation allowing for select opt-out windows in different federal programs.
9. Build in stronger Due Process rights at the Federal Election Commission and across the federal spectrum where speech rights are implicated..
10. Scale back federal ownership of public land west of the Mississippi River. Sell twenty five percent of existing land in public auctions.