California Assemblyman Carl DeMaio is calling on the U.S. Department of Justice's Civil Rights Division to intervene against the recently signed "Stop Nick Shirley Act" (AB 2624), asserting that the law unconstitutionally infringes upon freedom of the press. Governor Gavin Newsom signed the bill into law despite objections that it violates First Amendment protections.
Proponents of the legislation state that it aims to protect immigrants by shielding organizations that serve immigrant communities from harassment. However, critics, including DeMaio, argue that the law actually shields these organizations from scrutiny, particularly those that receive public funding.
The legislation states that a program participant, or an authorized representative, can issue a written demand to prevent the public posting or distribution of their personal information or image. Failure to comply with such a demand can lead to legal action, where a court may grant injunctive or declaratory relief and award court costs and attorney fees to the successful plaintiff.
DeMaio contends that the bill, as amended, removes exemptions for journalists previously protected under the California Shield Law. He argues that this change could prevent investigative journalists from reporting on issues such as fraud involving taxpayer funds. According to DeMaio, the law could enable individuals to demand that journalists not publish information or images, with legal repercussions for non-compliance.
"The 'Stop Nick Shirley Act' is a blatantly unconstitutional law that violates the freedom of the press," DeMaio stated. He added that he is asking the Civil Rights Division of the U.S. Department of Justice to intervene to block its implementation.
DeMaio drew attention to journalist Nick Shirley, who he claims brought attention to fraud among nonprofit groups in Minnesota and then investigated further in California. DeMaio alleges that the legislation was a response to such investigative efforts.
"Instead of fixing rampant waste, fraud, and abuse, Newsom and his party are trying to punish the people exposing it," DeMaio said. "In so doing, they are blatantly violating our First Amendment freedom of speech rights."
DeMaio indicated that if the DOJ cannot establish standing to challenge the law, the next step would be to wait for the act to be applied against a journalist and then pursue a legal battle to overturn it. He expressed concern that even while such a legal fight ensues, constitutional rights are being infringed upon.
According to DeMaio, Governor Newsom and California Democrats have a history of enacting laws that are later challenged and stopped by federal intervention and courts. He believes the "Stop Nick Shirley Act" is an attempt to obstruct investigations into fraud within state and local government programs and to conceal the extent of these issues and the political benefits derived from them by certain groups.
