Sep 4, 2026

"The First Amendment does not allow the government to silence truthful reporting because it is controversial, inconvenient or politically disfavored."

 







This isn't about the GOP or Nick Shirley. Going after the First Amendment impacts the reporting I do which already faces challenges.

"The First Amendment does not allow the government to silence truthful reporting because it is controversial, inconvenient or politically disfavored." 

The headline is from the complaint filed today.

"America First Legal (AFL), in partnership with John W. Howard of JW Howard Attorneys, filed a federal lawsuit in the U.S. District Court for the Eastern District of California against California Attorney General Rob Bonta and California Secretary of State Shirley Weber on behalf of investigative journalist Nick Shirley. The lawsuit challenges California Assembly Bill 2624, commonly known as the “Stop Nick Shirley Act” and recently signed into law, alleging it unlawfully targets journalists and citizens who investigate immigration-related organizations, in violation of the First Amendment, the Due Process Clause of the Fourteenth Amendment, and Article I, Section 10 of the U.S. Constitution."

I have included the complete press release. The entire complaint is online for those who wish to read the document.


America First Legal press release:

Today, America First Legal (AFL), in partnership with John W. Howard of JW Howard Attorneys, filed a federal lawsuit in the U.S. District Court for the Eastern District of California against California Attorney General Rob Bonta and California Secretary of State Shirley Weber on behalf of investigative journalist Nick Shirley. The lawsuit challenges California Assembly Bill 2624, commonly known as the “Stop Nick Shirley Act” and recently signed into law, alleging it unlawfully targets journalists and citizens who investigate immigration-related organizations, in violation of the First Amendment, the Due Process Clause of the Fourteenth Amendment, and Article I, Section 10 of the U.S. Constitution.

Mr. Shirley is an independent investigative journalist whose reporting on government spending, fraud, waste, and abuse, as well as immigration policy and the organizations that provide immigration-related services in California, reaches millions of viewers. Mr. Shirley has uncovered more than $100 million in fraud at Somali-run daycare centers in Minnesota, examined alleged fraud at Armenian hospices and Somali daycares in California, and scrutinized California’s migrant crisis. His reporting has also contributed to the closure or termination of certain taxpayer-funded businesses and programs allegedly involved in fraudulent activities. 

In January 2026, reports circulated that the Trump Administration was considering an anti-fraud task force that would include California. On January 31, Mr. Shirley posted that he had arrived in the state. Just two days later, California Governor Gavin Newsom said San Diego’s Somali community felt “under siege” after “right-wing provocateurs” began showing up at Somali-run daycares. On February 5, Attorney General Bonta called the fraud allegations “reckless,” “false,” “outrageous,” and “ridiculous.” Mr. Shirley then posted that California fraud videos were coming, and on February 16, he released a 23-minute video. Hours later, Governor Newsom’s press office criticized it. The next day, Governor Newsom’s press office asks Mr. Shirley if he only investigates “‘blue’ states.” Three days after that, on February 20, Assemblywoman Mia Bonta—Attorney General Bonta’s wife—introduced AB 2624. On August 22, Governor Newsom signed AB 2624 into law.

Although the law does not become operative until October 1, 2027, AFL’s complaint alleges that it is already harming Mr. Shirley.

AB 2624 creates a special civil protection regime for a favored class of “designated immigration support services” providers, employees, and volunteers. It authorizes written takedown demands and civil lawsuits over posted personal information, including information that is already public. The statute’s “specific intent” language does not confine that liability to true threats. 

The law broadly defines covered “personal information” to include home addresses, telephone numbers, employment history, financial information, and other information that can be associated with a covered person. Covered facilities include nonprofit offices, community legal clinics, law offices, and health care facilities that provide immigration-related services.

But identical speech involving organizations or individuals engaged in immigration enforcement is left untouched. 

AFL’s complaint alleges that AB 2624 violates the First Amendment and the Due Process Clause of the Fourteenth Amendment, as well as Article I, Section 10 of the U.S. Constitution. AFL’s complaint alleges, among other things, that:

  • The statute is a content-based restriction on speech. Liability turns on whether the publication concerns a designated immigration support services provider or persons associated with such a provider.
  • The statute discriminates on the basis of viewpoint. It especially protects information concerning “immigration support services,” while imposing no comparable restriction on speech concerning organizations or individuals whose advocacy favors stronger immigration enforcement. The statute’s legislative findings confirm that purpose by invoking “anti-immigrant” harassment and attributing it to “the current federal administration’s anti-immigration attitude and policies.”
  • The statute is unconstitutionally overbroad and vague. Its open-ended definitions cover a substantial amount of protected journalism, political commentary, watchdog reporting, and whistleblowing, and fail to give speakers fair notice of what is prohibited.
  • The statute is unnecessary to any legitimate interest in preventing harassment or violence.

“Nick Shirley is an American patriot. He has been exposing fraud that too many people have tolerated or facilitated for decades. California was so threatened by that work

the Attorney General’s own wife introduced a bill to silence Mr. Shirley, in violation of the First Amendment. Governor Gavin Newsom gladly signed it. This will not stand. America First Legal is proud to stand with Nick,” said Gene Hamilton, President of America First Legal.

Why create new laws that restrict the freedom of speech if you have nothing to hide? Now more than ever, the people deserve more transparency, not less. Freedom of speech is essential for a high-trust society,” said Nick Shirley.

AFL’s complaint seeks a declaratory judgment that the Stop Nick Shirley Act is unconstitutional on its face and as applied to Mr. Shirley, as well as injunctive relief.


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