Harsh words: Protected, nothing new | Opinion | presspubs.com – White Bear Press

So, you think the already harsh language in this years presidential campaign is the worst ever?

Probably not and additionally, political speech, vulgarities, mocking nicknames, claims of incompetence and criminal conduct and a host of personal attacks all are protected by the First Amendments guarantee of freedom of speech.

The high legal bar for public figures to successfully sue for defamation, combined with a historical judicial reluctance to intervene in political campaigns, allows candidates and their surrogates to sling the most vituperative verbal assaults.

And throughout our history, they have.

The first real presidential contest, in 1800, produced what many historians might rank as number one in personal attacks, as then-PresidentJohn Adamsfaced off against Vice PresidentThomas Jefferson.

From the president of Yale University, an Adams supporter, came the warning that if Jefferson won, We would see our wives and daughtersthe victims of legal prostitution. A newspaper in Connecticut declared that Jefferson would establish a nation where murder, robbery, rape, adultery and incest will openly be taught and practiced.

In response, Jeffersons advocates wrote that Adams was a liar, a would-be king, repulsive and a gross hypocrite who behaved neither like a man nor like a woman but instead possessed a hideous hermaphroditical character.

Adamss son,John Quincy Adams, was both target and attacker in the presidential elections of 1824 and 1828 when facing Andrew Jackson, who lost to Adams in the first contest and won four years later.

American President: A Reference Resourceby the Miller Center at the University of Virginia, notes that in those contests, Adams called Jackson a corruptionist, an aristocrat and a budding tyrant in the model of Caesar or Napoleon, whose election would mean the end of the new American nation.

Adamss opponents spread the unjustified charge that the president had arranged a sexual liaison between a young American girl and the Russian tsar during Adamss time as U.S. ambassador to Russia. On the lighter side, they also published reports that Adams did not wear underwear and went barefoot to church services.

Jackson suffered through attacks in the 1828 election on his wife, Rachel, who it was said apparently with some justification by historians had not yet divorced her first husband before marrying Jackson. She died of a heart attack after Election Day but before Jacksons inauguration, and at her funeral, the president-elect blamed his campaign opponents for her death.

President Trumphas said multiple times that he wants to open up libel laws, which could affect future campaigns by weakening free speech protections resting on a landmark 1964 U.S. Supreme Court decision, New York Times Co. v. Sullivan.It reinforced those protections when public officials (later expanded to include public figures) are involved.

JusticeWilliam Brennanwrote that the decision was rooted in a profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide open and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials.

Whether offended by Trumps impolitic use of derogatory nicknames for his opponents, or by Saturday Night Live Trump parodies on TV, that commitment to uninhibited, robust and wide-open debate on issues and even candidate personalities is a hallmark of American democracy even if, at times, we might cringe at how its carried out.

Politicians get their say during campaigns. Government stays out of the way. And we get to respond at the ballot box.

Gene Policinski is a senior fellow for the First Amendment at the Freedom Forum, and president and chief operating officer of the Freedom Forum Institute.

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Harsh words: Protected, nothing new | Opinion | presspubs.com - White Bear Press

In the News: "Foundation Sues to Give Public Employees Their Right Not to Pay Union Dues" – National Right to Work Foundation

The National Right to Work Foundation-wonJanus v. AFSCME U.S. Supreme Court decision allows public employees to stop paying dues or fees to a union at any time they choose. Janus affirmed that the First Amendment protects government workers from supporting a union against their wishes.

But ever since the Janusdecision in June 2018, many union bosses have refused to comply with the High Courts decision. So Foundation staff attorneys have filed dozens of cases across the country to enforce the Janusdecision and compel union bosses to respect the First Amendment rights of the workers they claim to represent.

Journalist Mark Tapscott recently reported on a number of these cases for The Epoch Times, including a newly filed case for a police officer serving on the front lines in Las Vegas:

Las Vegas Police Officer Melodie DePierro is the latest in a growing line of public sector employees suing in federal court to demand recognition of their rights under a 2018 Supreme Court decision.

DePierros action was filed in the U.S. District Court for Nevada against the Las Vegas Metropolitan Police Department (LVMPD) and the local Police Protective Association (PPA) union.

In Janus v American Federation of State, County and Municipal Employees (AFSCME) decided by a 5-4 vote in June 2018, the high court ruled that public sector employees cannot be forced to pay union dues in the form of agency fees without being given a chance to consent or refuse the deduction.

DePierro noted in her suit that the departments monopoly bargaining agreement with the union only allowed a 20-day window of opportunity to request agency fee refunds and that she had never agreed to the deduction in the first place.

Right-to-Work advocates cheered Janus as a landmark decision that would prompt millions of employees at all levels of government to demand an end to hundreds of millions of dollars in agency fees that helped fund partisan union political activities with which they disagreed.

Instead of respecting her First Amendment Janus rights, PPA union bosses have decided to keep imposing an unconstitutional policy on her just to keep her hard-earned money rolling into their coffers, NRTWLDF President Mark Mix said in a statement announcing the suit.

The High Court made perfectly clear in Janus that affirmative consent from employees is required for any dues deductions to occur. Yet PPA union bosses are clearly violating that standard here, Mix said.

A week before the DePierro filing, NRTWLDF attorneys issued a special notice to more than 28,000 Ohio state employees advising them of their right not to pay agency fees. The notice was part of a settlement of the foundations suit against the state government and the Ohio Civil Service Employees Association, AFSCME Local 11 (OCSEA).

Other Janus suits currently working their way through the courts include NRTWLDF actions against the Chicago Teachers Union, the Alaska State Employees Association (ASEA), the United Teachers of Los Angeles (UTLA), California Service Employees International Union (SEIU), the University Professional and Technical Employees (UPTE) union and the University of California, and the Township of Ocean Education Association (TOEA), New Jersey Education Association (NJEA) and the National Education Association (NEA) unions. The latter suit has reached a federal appeals court.

Read the entire article online at The Epoch Timeshere.

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In the News: "Foundation Sues to Give Public Employees Their Right Not to Pay Union Dues" - National Right to Work Foundation

Buffalo man shoved by police speaks on incident, his recovery and the First Amendment – Democrat & Chronicle

A 75-year-old man suffered a head injury and is in 'stable but serious condition' after he was shoved by police during a protest in Buffalo, New York. Storyful

It was his name that gave him away.

Hey, are you the 75-year-old guy who was hit in Buffalo? a post office worker asked.

Martin Gugino, 75, of Amherst, wasnt expecting to be recognized in public, especially wearing a face mask.

But the videos that captured the moment when Buffalo Police officers shoved Gugino backward in front of Buffalos City Hall in June during a protest over the death of George Floyd, causing him to fall and crack his skull on the pavement, had been seen around the world.

Gugino, speaking to the USA TODAYNetwork's New York State Team last week in his first extended interview, was reluctant to go into detail about the incident, which sent him to the hospital for a month to recoverfrom a brain injury and a fractured skull.

That's because he doesnt remember the moment he was shoved, and he has flashes of memory in the minutes before or after. Video recordings helped him fill in the blank spots of what happened that evening.

He is seemingly uninterested in becoming a symbol of a trend or a movement, or drawing attention to himself.

When asked about the context surrounding his fall and injuries, he noted that a lot of people are injured, and a lot of people are killed, and often, nothing is done about those incidents, especially if there was no record of it on video.

Still, he called the incident a turning point for him.

He will continue to participate in grassroots activism around the First Amendment, as he has done for decades. Hell continue to publish writingsabout climate change and injustices at Guantanamo Bay on the internet.

My life is headed in a new direction, Gugino said. How is it different? Im not really sure yet.

Martin Gugino, 75, was pushed by Buffalo Police officers in the aftermath of a rally in Buffalo on June 4. He went to the hospital with a fractured skull and brain injury. He has since recovered, and is hoping to move back to Buffalo in the fall.(Photo: Provided)

Gugino showed up at a Black Lives Matter rally in downtown Buffalo on June 4 at around 7:45 p.m., 15 minutes before the city-imposed curfew went into effect.

The night prior, a number of Buffalo police officers tooka knee with community members in solidarity with the protests around the murder of Floyd by police in Minneapolis on May 25.

Just minutes before police began moving toward the crowd, Gugino noticed they were outfitted with helmets, vests and batons:I thought, Why are they carrying batons?'"

Earlier in the evening, he had approached several police officers to ask whether they thought the Mayor Byron Browns curfew order could legitimately make an assembly illegal.

They didnt respond, other than to offer to read the mayors statements to him.

Gugino also had a conversation with several bystanders, which was caught on video and appeared to show at least one person expressing anger toward him.

Gugino said one individual thought he was an undercover cop, which Gugino denies.

At around 8:10 p.m., as seen in several videos of the incident, a group of officers began walking toward a few dozen rally attendees who were still in the downtown area after curfew.

Video footage shows a tall, white-haired Gugino approaching the officers head on.

Gugino said he remembers alarmed thoughts flashing through his head when he saw officers moving toward the demonstrators, but has no idea what he said to police in that moment.

I thought, Oh my God and thats all I can remember, he said.

In the seconds following, two officers in the advancing group shoved Gugino away from them and he stumbled and fell backward, his head audibly cracking against the pavement.

Emergency personnel arrived soon after, and Gugino was whisked to the Erie County Medical Center.

The two officers involved, Robert McCabe and Aaron Torgalski, were suspended without pay and later charged with second-degree assault.

They pleaded not guilty, and are currently suspended with pay, as officers cannot be suspended without pay for more than 30 days, according to a city spokesperson.

The City of Buffalo and the Buffalo Police Department declined to comment further on the incident.

More: Buffalo police officers seen pushing man to ground charged with assault

More: New York signs sweeping police reforms into law after George Floyd death. What they will do

Martin Gugino shown in June 2019 at at Buffalo Youth Climate Strike rally.(Photo: Provided)

What followed for Gugino werean avalanche of tests, scans and physical therapy for the hospital.

After weeks in bed, standing or walking became a challenge, and he had vivid nightmares.

Every time youd sit up, you would get dizzy, he said. It was like you were on a boat all the time.

His pain was manageable with Tylenol, which he said he rarely used for minor aches and pains, even at 75.

He was monitored by medical staff day and night, and couldnt get out of bed or go to the bathroom without their help.

On the positive side, hed be offered cookies in the middle of the night. His flavor of choice? Coconut.

Meanwhile, cards, letters and other well wishes poured in. He slept for hours in the days after the incident, disconnected from the whirlwind of global internet commentary around his actions and the police response.

He has since seen and heard snippets of strangers accusations that he was a leftist provocateur, that his fall was a hoax or that he was wearing a pack of fake blood under his mask.

President Donald Trump publicly considered the validity of such theories about Gugino on Twitter the following week, saying that Gugino could be an antifa provocateur and that he was pushed away after appearing to scan police communications in order to black out the equipment.

Guginos lawyers got angry emails questioning why theyd defend a faker, he said. But Gugino is unfazed by the accusations.

I was like, Go ahead, take your best shot, he said.

The incident didnt cloud his view of police; he still regards them as regular citizens who work within a system he believes is broken.

I come from the suburbs, and theres no problem with police in a white neighborhood, he said. Im not scared of the policemen, but the system is screwed up.

After about a month, Gugino was released from the hospital and was able to walk out using a cane.

Hes living with family outside of New York and plans to close on a new home in Buffalo in September.

'Black Lives Matter': Amherst man pushed by police responds after Trump tweet

Martin Gugino's lawyer: He has brain injury, fractured skull after being pushed by police

Martin Gugino, left, listens at a talk by West Cosgrove, of Rural & Migrant Ministry in Feb. 2019.(Photo: Provided)

When it comes to justice, Gugino is interested in so many causes that hell start talking about a new one before hes finished discussing the first.

He retired in 2003 after decades of working at FirstEnergy Corp. in Cleveland, Ohio. Aftera stint living in California, he eventually moved back to Buffalo to care for his ailing mother, who died six years ago. He has no spouse or children.

Even after a brain injury, he has split-second recall for specific details about years-old court cases, such as the Benny Warr case in Rochester, in which a black man in a wheelchair alleged that he was unlawfully arrested and beaten by police.

Guginos values rest solidly on the rights enshrined in the Constitutions First Amendment, which reads that Congress shall make no law... abridging the freedom of speech...or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

But he believes these values are often lost on modern government and law enforcement officials.

He used the example of a 2010 Veterans for Peace rally in front of the White House, which protested the wars in Afghanistan, Iraq and other conflicts. More than 130 attendees were arrested.

Youre going to the White House and youre saying, Stop the war. That means the United States should come out and say, Thank you so much, and were writing down all your complaints, Gugino said.

Given the countrys foundation, those involved in more recent protests and rallies should be treated with personal and ideological respect, and law enforcement officials should know whether the laws they protect are themselves legal, he said.

Still, he has hope, because of his countrys democratic roots.

He pointed to Mao Zedongs Hundred Flowers campaign in Communist China in the 1950s, where Zedongs solicitation of feedback on his government from the intellectual community quickly turned into a crackdown on ideological critics.

In America, we decided to let a hundred flowers bloom, Gugino said.

And you know what that means? People are going to get together and start complaining, and realizing how theyre being treated. Are you going to invite them in? Are you going to understand what theyre up to? Thats what democracy does. Thats the difference between Mao Zedong and George Washington.

More: Buffalo protester Martin Gugino released from hospital and 'looks great'

More: Its time has come and gone; lets retire the word 'elderly'

Sarah Taddeo is the consumer watchdog reporter for USA Today Network's New York State Team.She investigates stories about your consumer rights, including scams, negligent landlords, safety issues and wayward businesses.

Got a story tip or comment? ContactSarahat STADDEO@Gannett.com or (585) 258-2774. Follow heronTwitter @Sjtaddeo.This coverage is only possible with support from our readers.Sign up today for a digital subscription.

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Buffalo man shoved by police speaks on incident, his recovery and the First Amendment - Democrat & Chronicle

Was it legal for police to use tear gas against protesters with emergency reform legislation in place? – WUSA9.com

A Senior Fellow on the First Amendment with the Freedom Forum said it's complicated, and will ultimately be up to courts to decide.

WASHINGTON DC Police confirmed they used tear gas and sting balls against protesters at Black Lives Matter Plaza Saturday and Sunday night. But, emergency police reform legislation signed into law prohibits those tactics against First Amendment protesters.

WUSA 9 spoke with Gene Policinski, Senior Fellow on the First Amendment with the Freedom Forum, for insight on the legality of police using those tactics.

I dont think you can craft an ordinance that would say according to this set of acts at this given moment, that was illegal," Poilcinski said. "Thats really why we have courts.

Policinski said the courts would look at the ordinance language and the evidence available, like videos from demonstrators or body camera footage from police, to determine if using the chemical irritant, in this case, was legal.

Those representing police would say the ordinance allows police to use chemical irritants and other non-lethal force if they are in fear of bodily injury," Policinski said. "Probably a reasonable person, the standard, will say if its dark and theres a huge crowd of people and things are being thrown the standard I think were going to hold police based on what the courts have done in the past is tilted to some degree in their favor, because they recognize how difficult it is to be a police officer.

DC Police Chief Peter Newsham said his officers were only responding to objects being thrown at them when they deployed tear gas and OC spray.

Police officers are humans, too," Chief Newsham said. "When you throw bricks and rocks and bottles and urine, and you set fires, there is going to be a police reaction. So folks who want to suggest or paint a picture that this was somehow peaceful and the police indiscriminately used munitions against them, theyre not being honest.

Some people who were out protesting over the weekend, like Arianna Evans with Freedom Fighters DC, denied the assertion that they used violence against police.

Were absolutely not going to go out with the intention of harming police officers," Evans said. "We absolutely understand that right now we have to live under this system of law and that its not going to be productive for what we want. And what we want is real structural changefor the officers to comply with the rules that are put on them.

She is left wondering if the ordinance holds any power to protect people protesting like she said she was.

I think a good way to look at the ordinance is that its a part of a series of actions, so theres an ordinance on the books that make it clear what police should do, and makes clear that they should not use these non-lethal weapons or chemical irritants to break up an assembly that is simply peaceful, that is First Amendment," Policinski said. "And remember the First Amendment does not protect violent conduct. It protects peaceably assemblingI think these are all part of a step by step process by which we try to provide greater protection.

He said for anyone who feels like their First Amendment rights were violated in instances like this, there are a few steps they can take to give themselves the best chance of winning their legal argument.

These cases almost always depended on the exact facts rather than saying having a broad policy that you can have under any circumstance, so again preserving the facts through video and eyewitness testimony is very important," he said.

The author of the original reform bill, Councilmember Charles Allen, sent the following statement in response to this weekend's events:

Everyone is welcome in the District to peacefully protest, and I expect the Metropolitan Police Department and other law enforcement agencies to hold that right sacred, especially when the message is in support of police accountability for racism and brutality. Dialogue, passion, outrage they are all healthy and necessary to weave a new fabric to our country that disavows white supremacy. That said, I do not condone violence violence by or against government; is it not the path to change. It will only further divide us and close off opportunities for accountability and healing. My focus is to ensure we act together to make change by reimagining public safety.

To that end, we have a hearing set on police reform legislation on October 15. This will hearing will include my own bill on updating the Districts rioting laws and legislation to restrict the use of riot gear and chemical irritants by police. I was hesitant to include the banning of chemical irritants in the original bill in June (youll recall they were added by amendment) because we needed more time to properly craft the law to be responsive to all of the complexities of protests.

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Was it legal for police to use tear gas against protesters with emergency reform legislation in place? - WUSA9.com

Sparta Board of Education to Discuss Dress Code for Members Following MAGA Hat Controversy UPDATED – TAPinto.net

SPARTA, NJ- Some members of the Sparta Board of Education are seeking to have a policy to address board member attire at board meetings. It appears board member Kurt Morris choice of wearing a Make America Great Again hat to the July board of education meeting has spurred the issue.

At the August meeting in Mohawk Avenue School, board member Kylen Anderson asked to have a policy addressing political attire at the board table.

I would like to propose that the board institute a policy that board members should refrain from wearing anything with political commentary at the board table, Anderson said. I think it is distracting. I think it is in poor taste. I think it takes away from the reason we are here.

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Initially board of education president Kim Bragg said it would be referred to the Policy and Personnel committee but on advice of board counsel Mark Zitomer, she polled board members first to determine whether or not a majority wished to do so.

Board member Kate Matteson asked if board policy had been reviewed since the July meeting to see if it addresses wearing political attire at the dais. Bragg said it had not been discussed in committee because she was waiting to get advice from the boards attorney.

Anderson, Jen Grana, Niamh Grano, Matteson and Jay Ventresca all said they would like to discuss having policy governing board member attire at the next committee meeting.

In the straw poll, Grana and Grano proposed a policy that took a broader look at proposing appropriate attire in general taking into consideration the first amendment and all that stuff.

Board member Robert Zywicki said he thought the board of education should be focused on getting the kids back in school as safely and as swiftly as possible with the teachers. Anything else is a distraction from that right now.

Bragg said she also felt this is something that could wait, but the vote supported the topic being discussed in committee.

Board of education members received a letter from 36 people that said a photo and several corroborating eyewitnesses documented a board member wore at TRUMP [sic] hat. They said they were beyond disappointed to learn this, acknowledging they were not at the meeting.

The letter refers to Morris as the accused board member and said while he has been reasonably identified, they asked the board member himself and the board of education president both respond publicly with acknowledgement and ownership.

Further, this group said they want the board members to adhere to stricter standards and procedures in the future.

In an emailed response to the community members who sent the letter regarding Morris hat, Bragg said, Mr. Morris choice is protected under the First Amendment. As such I have no authority over what he or any board member wears. Sparta Board of Education policy regarding dress code only applies to staff and students because students are considered to be a captive audience when in school. This is very different than a public board meeting which is a forum that is open to everyone.

The letter from community members accuses Morris of having violated New Jersey Code of Ethics for school board members. They said they had discussed filing a complaint but decided to wait for the board of education to address it.

Morris, speaking as an individual not representing the board of education, said he was advised by Zitomer that there was no ethics violation, nor was there a policy violation because there is no policy that discusses what board members wear.

After conferring with our attorney, I wish to explain that wearing a hat which supports the President or any political party is not an ethics violation, Bragg said. The Code of Ethics prohibits members from surrendering their independent judgement to partisan political groups. Wearing the hat of a political party is very different than surrendering ones independent judgement. Rather, it is protected speech under the First Amendment.

a public board of education meeting is no place for personal, political statements, motivations or gains, the letter from community members said. While we may debate whether there are negative implications that apply far beyond the scope of politics with this particular choice of garb, we ask that ALL [emphasis included] political symbols and logos are banned from any future BOE meetings going forward.

The people who signed the letter include: Kaitlin and Aaron Gagnon, Robert and Suz Stone, Erin Moore, Ellie Hartranft, Anne ODair, Heather Scott-Mason, Kimberly and Kevin Barresi, Kate Saelma, Victoria Bustamante, Kailee Gori, Fallon Villamor, Dorota Ellington, Jessica LaGrave, Emily Shuss, Erin Lambert, Kelly and Chris Lapp, Amy and George Ryan, Amy Henrie, Julie Knapp, Dana Gulino, Kate and DJ Fresso, Julia and Jim Kelly, Joanne Stott-Derby, Kimberly Noel, Vanessa Walsh, Beth and Paul Hughes, Pat Schutz and Michele Van Allen (BOE of Hardyston)

Kaitlin Gagnon said in an interview with TAPinto Sparta they "would hope the same standards apply for the other end of the political spectrum." She said the purpose of their letter was that they did not want ahat or any political attire to be a distraction and this was explained in subsequentemails to the board of education members.

"Humbly, we hope a new standard can be developed," Gagnon said. "We hope it can be resolved quickly."

Morris personally received an additional email from Henrie, sent to his personal email address. Also speaking as an individual and not representing the board of education, Morris said in his response to her, I have never, nor would I ever surrender my independent judgement to partisan political groups. He concluded his response by asking that you judge my performance as a Sparta Board of Education member based on the votes I have made and the questions I have asked at the board table, not on the hat I wear.

Morris did not share the email from Henrie with TAPinto Sparta.

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Sparta Board of Education to Discuss Dress Code for Members Following MAGA Hat Controversy UPDATED - TAPinto.net

Tallahassee Police shifting tactics and will ‘enforce traffic laws’ at unpermitted protests – Tallahassee Democrat

The man who pulled the gun on Black Lives Matter protesters in front of the Historic Capitol Saturday evening will not face charges. Tallahassee Democrat

Tallahassee Police have signaled a shift in tactics to keep order during protests as tensions in the city boil after an altercation at a demonstration on Saturday.

Responding to a series of questions by City Commissioner Jeremy Matlow, TPD said it intends to step up enforcement at protests, particularly ones that don't have proper permits.

"The citys position is that it cannot adequately maintain public safety during unpermitted road closure events," TPD officials said in the meeting."TPD intends to enforce traffic laws and unlawful and unpermitted protests moving forward."

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As a Leon County grand jury meets, and aruling on whether TPD officers were justified in their shooting of murder suspect Tony McDade in May appears imminent, a countywide curfew has been enacted in part to try and stem any late-night demonstrations that could become violent.

Back story:

In an interview with local CBS affiliate WCTV, Leon County Sheriff Walt McNeil said the pending grand jury presentments were partially behind his asking for a curfew from 11 p.m. to 5 a.m. through next Tuesday.

In an interview with the Tallahassee Democrat,Police Chief Lawrence Revell said people are free to demonstrate wherever they like in public as long as traffic is not impeded.

The department has provided leeway for protests that have not secured permits, he said, but it often creates a staffing issue where officers are left scrambling to provide a safe environment.

A counter protester fights a protester and pulls out a handgun. Tallahassee Democrat

In protests past, officers have preemptively closed roads anddirected trafficso protesters can safely march. Stretches of many downtown roads and even Apalachee Parkway and Thomasville Road have been closed during protests that have swept the nation and capital citysince the May 25 death of George Floyd at the hands of Milwaukee police.

Were not trying to squelch peoples First Amendment right, Revell said. These protests that are unplanned, violence has shown up at them. And Im not in any way, shape or form condoning anyone walking up or doing anything, but when those are unplanned, we are behind the curve when we are trying to react to those.

A fight broke out Saturday in front of the Florida Capitol in which a man pulled a handgun and was subdued by TPD officers during an unpermitted demonstration that blocked the intersection of Monroe Street and Apalachee Parkway.

A screenshot of the fistfight between a Black Lives Matter protester and a counter-protester that broke out in front of the Capitol.(Photo: Special to the Democrat)

Although TPD issued a statement the following day saying based on the evidence at hand no charges were filed, the State Attorneys Office has confirmed it is still reviewing statements and any available video of the altercation and charges could still be filed.

Back story:Charges could still be filed after incident outside Capitol, state attorney's office says

Contact Karl Etters at ketters@tallahassee.com or @KarlEtters on Twitter.

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Tallahassee Police shifting tactics and will 'enforce traffic laws' at unpermitted protests - Tallahassee Democrat

Cincinnati leaders address police reform, efforts to reduce gun violence in the city – WLWT Cincinnati

Cincinnati Mayor John Cranley and police Chief Eliot Isaac held a press conference Thursday to address police reform in the city.The conference comes amid protests across the country, most recently over the shooting of Jacob Blake in Kenosha, Wisconsin.Cranely released the U.S. Conference of Mayors Police Reform and Racial Justice report this week, which he worked on with fellow mayors in Chicago, Tampa and Baltimore. The report, which was sent out this week, addresses the "urgent need to reset the relationship between our police and our residents" by focusing on sustainable recommendations. It comes in the wake of the recent killing of George Floyd and concerns about policing and calls for reform. "The job of a police officer is often dangerous and difficult, and the vast majority perform to the best of their ability and in good faith. But the improper use of force can affect the perceptions of police everywhere. The wrongful actions of individual officers should not blight the entire profession. However, we cannot ignore that there are police departments with systemic problems and that reform, transparency, and accountability have too often been elusive," the report states.The recommendations in the report include funding core policing while considering providing funds to other social services that complement the polices public safety mission.It also addresses use-of-force policies, and asks departments to have policies where officers use minimal amount of force necessary by continuously reassessing the situation to make an appropriate response. It also recommends not using chokeholds, not shooting at moving cars unless in extreme situations and not using deadly force on a fleeing person unless they pose a threat to others.The report also recommends increasing engagement with police and the community through programs and other services. Addressing protests, the report recommends more training on mass gatherings and First Amendment rights. It also recommends departments have designated staff who are trained to respond to mass gatherings. The report also addresses police accountability, recommending initiatives similar to Cincinnati's Citizen Complaint Authority.The CCA takes complaints against the Cincinnati Police Department and uses independent investigators and panels to determine recommendations for the Cincinnati Police Department. Cranley said the city has received money from the state and will use $1 million toward police efforts and reducing gun violence. Isaac said he hopes to increase police presence in hot spot areas, including Over-the-Rhine, where 10 people were shot a few weeks ago."Right now we have to stop the bleeding, when we know violence is taking place in a certain area, we have to respond," Isaac said.The chief said he wants to implement "community safety organizers" in the future to engage and communicate with residents. Isaac said he wants to hear from residents on ways they can improve."I want the input, I want the involvement of the community at large," Isaac said. Cranley said he is going to give the report to Isaac and let the department look it over and respond.

Cincinnati Mayor John Cranley and police Chief Eliot Isaac held a press conference Thursday to address police reform in the city.

The conference comes amid protests across the country, most recently over the shooting of Jacob Blake in Kenosha, Wisconsin.

Cranely released the U.S. Conference of Mayors Police Reform and Racial Justice report this week, which he worked on with fellow mayors in Chicago, Tampa and Baltimore.

The report, which was sent out this week, addresses the "urgent need to reset the relationship between our police and our residents" by focusing on sustainable recommendations.

It comes in the wake of the recent killing of George Floyd and concerns about policing and calls for reform.

"The job of a police officer is often dangerous and difficult, and the vast majority perform to the best of their ability and in good faith. But the improper use of force can affect the perceptions of police everywhere. The wrongful actions of individual officers should not blight the entire profession. However, we cannot ignore that there are police departments with systemic problems and that reform, transparency, and accountability have too often been elusive," the report states.

The recommendations in the report include funding core policing while considering providing funds to other social services that complement the polices public safety mission.

It also addresses use-of-force policies, and asks departments to have policies where officers use minimal amount of force necessary by continuously reassessing the situation to make an appropriate response. It also recommends not using chokeholds, not shooting at moving cars unless in extreme situations and not using deadly force on a fleeing person unless they pose a threat to others.

The report also recommends increasing engagement with police and the community through programs and other services.

Addressing protests, the report recommends more training on mass gatherings and First Amendment rights. It also recommends departments have designated staff who are trained to respond to mass gatherings.

The report also addresses police accountability, recommending initiatives similar to Cincinnati's Citizen Complaint Authority.

The CCA takes complaints against the Cincinnati Police Department and uses independent investigators and panels to determine recommendations for the Cincinnati Police Department.

Cranley said the city has received money from the state and will use $1 million toward police efforts and reducing gun violence.

Isaac said he hopes to increase police presence in hot spot areas, including Over-the-Rhine, where 10 people were shot a few weeks ago.

"Right now we have to stop the bleeding, when we know violence is taking place in a certain area, we have to respond," Isaac said.

The chief said he wants to implement "community safety organizers" in the future to engage and communicate with residents.

Isaac said he wants to hear from residents on ways they can improve.

"I want the input, I want the involvement of the community at large," Isaac said.

Cranley said he is going to give the report to Isaac and let the department look it over and respond.

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Cincinnati leaders address police reform, efforts to reduce gun violence in the city - WLWT Cincinnati

The US is Determined to Make Julian Assange Pay for Exposing the Cruelty of Its War on Iraq – CounterPunch

Drawing by Nathaniel St. Clair

OnSeptember 7, 2020, Julian Assange will leave his cell in Belmarsh Prison in London and attend a hearing that will determine his fate. After a long period of isolation, he was finally able to meet his partnerStella Morisand see their two sonsGabriel (age three) and Max (age one)on August 25. After the visit, Morissaidthat he looked to be in a lot of pain.

The hearing that Assange will face has nothing to do with the reasons for his arrest from the embassy of Ecuador in London on April 11, 2019. He was arrested that day for hisfailureto surrender in 2012 to the British authorities, who would have extradited him to Sweden; in Sweden, at that time, there were accusations of sexual offenses against Assange that weredroppedin November 2019. Indeed, after the Swedish authorities decided not to pursue Assange, he should have been released by the UK government. But he was not.

The true reason for the arrest was never the charge in Sweden; it was the desire of the U.S. government to have him brought to the United States on a range of charges. On April 11, 2019, the UK Home Office spokespersonsaid, We can confirm that Julian Assange was arrested in relation to a provisional extradition request from the United States of America. He is accused in the United States of America of computer-related offenses.

Manning

The day after Assanges arrest, the campaign group Article 19 published astatementthat said that while the UK authorities had originally said they wanted to arrest Assange for fleeing bail in 2012 toward the Swedish extradition request, it had now become clear that the arrest was due to a U.S. Justice Departmentclaimon him. The U.S. wanted Assange on a federal charge of conspiracy to commit computer intrusion for agreeing to break a password to a classified U.S. government computer. Assange was accused of helping whistleblowerChelsea Manningin 2010 when Manning passed WikiLeaksled by Assangean explosive trove of classified information from the U.S. government that contained clear evidence of war crimes. Manning spent seven years in prison before her sentence wascommutedby former U.S. President Barack Obama.

While Assange was in the Ecuadorian embassy and now as he languishes in Belmarsh Prison, the U.S. government has attempted to create an air-tight case against him. The U.S. Justice DepartmentindictedAssange on at least 18 charges, including the publication of classified documents and a charge that he helped Manning crack a password and hack into a computer at the Pentagon. One of theindictmentsfrom 2018makes the case against Assange clearly.

The charge that Assange published the documents is not the central one, since the documents were also published by a range of media outlets such as the New York Times and the Guardian. The keychargeis that Assange actively encouraged Manning to provide more information and agreed to crack a password hash stored on U.S. Department of Defense computers connected to the Secret Internet Protocol Network (SIPRNet), a United States government network used for classified documents and communications. Assange is also charged with conspiracy to commit computer intrusion for agreeing to crack that password hash. The problem here is that it appears that the U.S. government has no evidence that Assange colluded with Manning to break into the U.S. system.

Manning does not deny that she broke into the system, downloaded the materials, and sent them to WikiLeaks. Once she had done this, WikiLeaks, like the other media outlets, published the materials. Manning had a very trying seven years in prison for her role in the transmission of the materials. Because of the lack of evidence against Assange, Manning was asked to testify against him before a grand jury. She refused and now is once more inprison; the U.S. authorities are using her imprisonment as a way to compel her to testify against Assange.

What Manning Sent to Assange

On January 8, 2010, WikiLeaksannouncedthat it had encrypted videos of U.S. bomb strikes on civilians. The video, later released as Collateral Murder, showed in cold-blooded detail how on July 12, 2007, U.S. AH-64 Apache helicopters fired 30-millimeter guns at a group of Iraqis in New Baghdad; among those killed were Reuters photographer Namir Noor-Eldeen and his driver Saeed Chmagh. Reuters immediately asked for information about the killing; they were fed the official story and told that there was no video, but Reuters futilelypersisted.

In 2009, Washington Post reporter David Finkel publishedThe Good Soldiers, based on his time embedded with the 2-16 battalion of the U.S. military. Finkel was with the U.S. soldiers in the Al-Amin neighborhood when they heard the Apache helicopters firing. For his book, Finkel had watched the tape (this is evident frompages 96 to 104); he defends the U.S. military, saying that the Apache crew had followed the rules of engagement and that everyone had acted appropriately. The soldiers, he wrote, were good soldiers, and the time had come for dinner. Finkel had made it clear that a video existed, even though the U.S. government denied its existence to Reuters.

Thevideois horrifying. It shows the callousness of the pilots. The people on the ground were not shooting at anyone. The pilots fire indiscriminately. Look at those dead bastards, one of them says, while another says, Nice, after they fire at the civilians. A van pulls up at the carnage, and a person gets out to help the injuredincluding Saeed Chmagh. The pilots request permission to fire at the van, get permission rapidly, and shoot at the van. Army Specialist Ethan McCordpart of the 2-16 battalion that had Finkel embedded with themsurveyed the scene from the ground minutes later. In 2010, McCordtoldWireds Kim Zetter what he saw: I have never seen anybody being shot by a 30-millimeter round before. It didnt seem real, in the sense that it didnt look like human beings. They were destroyed.

In the van, McCord and other soldiers found badly injured Sajad Mutashar (age 10) and Doaha Mutashar (age five); their father, Salehwho had tried to rescue Saeed Chmaghwas dead on the ground. In the video, the pilot saw that there were children in the van; Well, its their fault for bringing their kids into a battle, he says callously.

Robert Gibbs, the press secretary for President Barack Obama,saidin April 2010 that the events on the video were extremely tragic. But the cat was out of the bag. This video showed the world the actual character of the U.S. war on Iraq, which the United Nations Secretary-General Kofi Annan hadcalledillegal. The release of the video by Assange and WikiLeaks embarrassed the United States government. All its claims of humanitarian warfare had no credibility.

The campaign to destroy Assange begins at that point. The United States government has made it clear that it wants to try Assange for everything up totreason. People who reveal the dark side of U.S. power, such as Assange andEdward Snowden, are given no quarter. There is a long list of peoplesuch as Manning,Jeffrey Sterling,James Hitselberger,John Kiriakou, andReality Winnerwho, if they lived in countries being targeted by the United States, would be called dissidents. Manning is a hero for exposing war crimes; Assange, who merely assisted her, is being persecuted in plain daylight.

On January 28, 2007, a few months before he was killed by the U.S. military, Namir Noor-Eldeen took aphotographin Baghdad of a young boy with a soccer ball under his arm steps around a pool of blood. Beside the bright red blood lie a few rumpled schoolbooks. It was Noor-Eldeens humane eye that went for that photograph, with the boy walking around the danger as if it were nothing more than garbage on the sidewalk. This is what the U.S. illegal war had done to his country.

All these years later, that war remains alive and well in a courtroom in London; there Julian Assangewho revealed the truth of the killingwill struggle against being one more casualty of the U.S. war on Iraq.

This article was produced byGlobetrotter, a project of the Independent Media Institute.

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The US is Determined to Make Julian Assange Pay for Exposing the Cruelty of Its War on Iraq - CounterPunch

Objective-C, Golang, and Windows PowerShell lead list of 15 highest-paying programming languages – TechRepublic

Find out which programming languages pay the most, and which ones are growing the fastest, according to a new Upwork report.

Image: Getty Images/iStockphoto

Despite COVID-19's impact on the economy, data from the online talent platform Upwork reveals that high earnings for open jobs are available to developers operating as independent professionals. Upwork compiled its top 15 highest-paying programming languages for tech professional positions by analyzing the highest average hourly rates on Upwork.com.

Top languages demand more than $66 per hour on average, translating to an annualized pre-tax income of more than $137,000 (based on a 40-hour workweek). A comparison of these top language rates to 2018 Bureau of Labor Statistics average wage by occupation data reveals that $66 per hour is higher than the average wage for a web, mobile, or software developer across US metro-areas and even in the expensive metros at $39.58 and $52.09, respectively.

SEE:Cheat sheet: Facebook Data Privacy Scandal (free PDF)(TechRepublic)

The following are based on average hourly freelance rate:

Remote work quickly became an enforced necessity during the darkest days of the pandemic. The results were so positive that some employers (i.e. Twitter) declared that all offices will continue to be virtual when COVID-19 restrictions are lifted. Other companies have given employees the choice to continue working from home (WFH) either full time, or dividing time between on-site and WFH.

SEE: COVID-19 workplace policy (TechRepublic Premium)

Because of the favorable shift toward remote work, companies developed a reliance on the services of independent skilled professionals. There has been a surge to find top technical talent, as evidenced on job talent platforms like Upwork. They're in desperate demand, which gives "talent" the luxury of deciding to stay in their positions, negotiate for better benefits or look to move to another company.

Of the high-paying programming languages, the skills with the highest year-over-year growth, in terms of contract volume on the platform, are:

"Specialization in a particular language or discipline can help differentiate one candidate from another," said Mike Paylor, VP of Engineering and Product at Upwork. "Skills in mobile development languages such as Objective-C or Kotlin are particularly in demand as well as relatively modern languages such as Go."

If you're looking to shift careers, whether it be from an entirely unrelated industry or a change within the world of technology, brushing up on skills is always welcome. It's a great "credit" to add to your resume and will make you all the more appealing in recruitment.

If finances are an issue, there are a surprising amount of no-cost options. I wrote a piece for TechRepublic mid-May, The top free online tech classes to advance your IT skills. Here's what we found:

The ever-changing tech world is a popular arena in which to explore courses, with education outlets that offer free online tech classes to advance IT skills. These include:

"We do not see the need for software developers waning," Paylor said. "In fact, it is growing faster than most professions. While the demand for one programming language over another will change over time, there doesn't appear to be any slowing of this trend. As organizations continue to face challenges, the need for new customer-facing applications that work across a variety of platforms and devices will only become more crucial, as will the professionals who are bringing those projects to life."

From the hottest programming languages to the jobs with the highest salaries, get the developer news and tips you need to know. Weekly

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Objective-C, Golang, and Windows PowerShell lead list of 15 highest-paying programming languages - TechRepublic

Data Networks Work to Shore up Account Access As Regulators Eye Rules of Their Own – Digital Transactions

The data networks that connect payments and other financial apps to users bank accounts are scrambling to standardize data access by moving to application programming interfaces and away from an older, cruder form of access known in the business as screen scraping. The effort comes as financial apps gain popularity and regulators like the Consumer Financial Protection Bureau mull rules for data sharing, the heart of what the industry calls open banking.

The concern with screen scraping is that it relies on the use of passwords and other personal credentials held by consumers to link apps like Venmo and Square Inc.s Cash App to accounts at financial institutions. Fearing security issues, a lot of the industry is starting to transition from credential-based to API-based access, says John Pitts, global head of policy at Plaid Inc., a major data network.

A big move in that direction came Wednesday with news from Lehi, Utah-based data network MX Technologies Inc. that it is introducing a set of open-source software offerings collectively called MX Open. The new platform includes an API that can allow financial institutions and fintechs to connect users to their financial data. MX announcedearlier this month that it had built a network of more than 50,000 connections to financial institutions and fintechs, outdistancing the estimated number of links established by other data networks.

MX Open gives organizations the tools they need to define and launch their open-finance strategy and innovate faster with the vendors and technology providers that will serve their customers best, said Brett Allred, chief product officer at MX, in a statement.

Then, on Thursday, financial-services technology giant Fiserv Inc. announced AllData Connect, its own solution for data sharing among fintechs and banks. This process can be difficult for financial institutions to support if screen scraping impairs online banking performance, or when login credentials are stored at unaffiliated third parties, said Paul Diegelman, vice president of digital Payments and data aggregation at Fiserv, in a statement. AllData Connect gives financial institutions the ability and insight they need to confidently empower consumers to share their financial account information.

Even so, Plaids Pitts estimates that about 90% of data sharing is occurring outside of APIs, typically by means of acquiring credentials from users. Only the top 10 to 20 banks have made progress developing their own APIs, he notes. If there were a prohibition on screen-scraping, there would be this two-tier system where customers of small community banks wouldnt have access. Plaid offers its own API called Plaid Exchange.

Visa Inc. said in January it was paying $5.3 billion to acquire San Francisco-based Plaid in a deal that is undergoing review both in and outside the United States. The Competition and Markets Authority in the United Kingdom granted clearance last month.

At the same time, the Financial Data Exchange, a trade group for open banking, is working on a cross-industry standard API for data sharing. MX and Plaid are among the more than 100 members of the Reston, Va.-based FDX, which operates under the auspices of the 21-year old Financial Services Information Sharing and Analysis Center (FS-ISAC).

Industry standards are one thing, but the federal government is also likely to lay out its own rules. The CFPB in July said it plans to set out a so-called advance notice of proposed rulemaking for consumer-permitted access to financial data. The Bureaus interest in the matter rests on Section 1033 of the Dodd-Frank Act, which bears on consumers access to, and use of, their financial records.

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Data Networks Work to Shore up Account Access As Regulators Eye Rules of Their Own - Digital Transactions