Dori: Was Twitter shadow-banning you or me? – MyNorthwest.com

Something weird went down for me on Twitter this week and Im not sure if its because of Dori Monson Show listeners or me.

While I was on a short vacation a few days ago, I tried unplugging as much as possible. That meant only occasional checks on my email. Cursory reads on news sites. A text or two to my daughters. Face-to-face talking to my wife.

Elon Musk to buy Twitter for $44B and take it private

Imagine my surprise when I looked at Twitter Monday night and found my account popping faster than Rice Krispies in milk.

Even though I have seriously cut back from tweeting and post only occasionally now, I was fortunate to have about 19,800 followers as of last Sunday one day before Elon Musks reported $44 billion takeover of Twitter took news sites by storm.

By mid-day Friday, I had 21,231 followers. Admittedly, Im no techno-wizard but I have to admit: this was crazy.

It took 12 years to get 19,000 Twitter followers. It took just three days to get 1,500 more.

My numbers were small in comparison. Florida Gov. Ron DeSantis gained 205,695 followers between Monday and Wednesday. Podcaster Joe Rogan tallied an almost 135,000 bump.

Was it as Twitter had been denying for at least two years because of shadow-banning an algorithm practice that social media giants denied was occurring?

Whether you call it shadow-banning, stealth banning or ghost banning, was this an example of a behemoth social media company restricting the reach of a users account? Or was it limiting potential followers their opportunity to follow conservative Twitter users that the far left didnt like?

And if so, was it Twitter banning me? Or banning my listeners from having you as followers?

Some in the media are digging into the possibility that Twitter employees were liberal gatekeepers who on their way out the door before Musk took over removed barriers to conservative users. Why? To deny that barriers existed in the first place.

Me? Im just happy to have freedom of speech on the radio with open-minded people who agree and disagree.

Maybe now that will return to Twitter.

Listen to Dori Monson weekday afternoons from noon 3 p.m. on KIRO Newsradio, 97.3 FM. Subscribe to thepodcast here.

Read the original post:

Dori: Was Twitter shadow-banning you or me? - MyNorthwest.com

Are You Ready to Be Surveilled Like a Sex Worker? – WIRED

Additionally, many traditional methods for maintaining relative anonymity on the internet are likely to begin to evaporate. Consider that institutions subject to the Childrens Internet Protection Act (CIPA), which requires libraries and schools to block access to content that may be harmful to minors, will have to decide whether to allow public access to abortion information.

Mass surveillance is so normalized that the basic ways we function in the world ultimately help these technologies become more sophisticated. If you are seeking, providing, or facilitating an abortion, you can take practical measures to secure your digital footprint: perform risk assessments, communicate via Signal and enable disappearing messages, use a VPN on your smartphone and computer, use DuckDuckGo instead of Google, acquaint yourself with existing surveillance technologies like traffic cams, facial recognition, and data scrapping, enable two-factor authorization, log out of all your accounts (yes, even when using an incognito browser), only connect to Wi-Fi in public places that dont require you to authenticate yourself, move money out of third-party apps immediately (and eat the transfer fee), use cash or prepaid cards when you can. Do as much organizing offline as possible.

If you organize publicly, post nothing that could be used to dox you. Some precautions Ive taken for my own safety as a sex worker include withholding my birthday, age, ethnic background, hometown, current city, former cities, commute, alma maters, graduation years, time zone, weather, current employers, past employers, even my favorite color. When I post photos, I photoshop out my face and tattoos, and I never reveal my natural hair. If I post a screenshot, I crop out any time stamps.

I know this sounds paranoid. These precautions seem excessive; the algorithms seem dystopian. But the oppression these technologies reproduce is insidious and ubiquitous, and those seeking to surveil us have been refining the tools to do so for a very long time. This is exactly why sex workers are preyed upon first: because those in power know nobody will listen to us until youve already googled two weeks late for period.

When I begin to wonder why people behave the way they do, I answer the query with a question: Whats seven minus yellow? Unanswerable and, more importantly, irrelevant. I cant deduce others motives, and even if I could, their motives do not matter when it comes to the effects of their actions. To ruminate on this is, at best, a waste of time, and in the wake of Roe, hemming and hawing over the justices intents is the equivalent of bringing a feather to a knife fight.

That said, we can dissect these decisions and try to divine how this legislation will impact us. The first step is to abandon any lingering trust you may have in the integrity of the state.

Neither the intent nor effect of FOSTA or Dobbs is to eradicate sex work or abortions, which have existed for millennia and will continue to exist regardless of legality. Remember: these measures arent about the law; theyre about power. Such laws slowly and systemically exclude certain demographics from participation in society by codifying what cultural biases already enforce. Consequently, while some people will face arrest, and many more will live the nightmare of carrying an unwanted or unviable pregnancy to term, the widest-reaching effects of this legislation will be the chilling of free speech and the systemic deplatforming of abortion activists from social media and financial institutions, which will protect themselves from liability at our expense.

The bad-faith arguments that structure these laws become much more apparent when read for what they are: propaganda. FOSTA, for instance, focuses primarily on fighting the sexual exploitation of children. Sex work and human trafficking, rather than existing together under the umbrella of the sex trade, are diametrically opposed. The dangerous rhetoric conflating thema linkage that makes about as much sense as comparing a Hershey Park employee to an enslaved cocoa farmermeans that violence against us gets perceived and excused as protecting children from traffickers.

Likewise, the pro-life rhetoric that enabled the Dobbs decision focuses on protecting, in this case, hypothetical children from death. Echoing FOSTA, Alito claims that Dobbs is intended to protect the potential life of embryos and fetuses, even at the expense of the mothers existing life. Intent aside, the result is that many more fetusesas well as the people carrying themwill die.

Sex workers can offer valuable insights into this fight and those likely to follow, but our voices have been suppressed. Hopefully tech workers will practice what they preach and start listening to sex workers, but if not: Well, thats by design. In the words of Bardot Smith: Whores told you.

Excerpt from:

Are You Ready to Be Surveilled Like a Sex Worker? - WIRED

Know Your Enemy and Yourself: A Deep Dive on CISA KEV – Security Boulevard

Why your real-world firmware risk is way bigger than you think

In November 2021, the US Cybersecurity and Infrastructure Security Agency (CISA) began publishing their Known Exploited Vulnerabilities Catalog (KEV). Designed to help government agencies and private sector organizations prioritize the vulnerabilities known to be actively exploited by malicious actors, as of June 22, 2022, the list contains 778 actively exploited CVEs, encompassing 20 years of computing (2002-2022). In fact, CISA recommends these KEVs be addressed even prior to other High or Critical vulnerabilities that are not yet known to be exploited, citing the fact that less than 4% of vulnerabilities are ever exploited in the wild. With more than 20,000 CVEs discovered in 2021 alone, the KEV gives organizations a highly distilled list of vulnerabilities that are most likely to have a real-world impact based on observed actions in the wild.

So important are the KEVs, that a new Binding Operational Directive 20-01 Develop And Publish A Vulnerability Disclosure Policy requires Federal Civilian Executive Branch agencies (aka FCEBs) such as the DOJ, DOT, DHS, DOE, GSA, SEC etc., to implement entire vulnerability management programs built around it, along with auditable documentation that is publicly visible to all. An example of the changes enforced by this order would be the DOJs VDP page here, which outlines the DOJs Vulnerability Disclosure Program.

Note that while the BOD does not directly require private/commercial entities that sell into these FCEBs to create a VDP and prioritize KEVs, it is suggested that they might do so.

Although not bound by BOD 22-01, every organization, including those in state, local, tribal, and territorial (SLTT) governments and private industry can significantly strengthen their security and resilience posture by prioritizing the remediation of the vulnerabilities listed in the KEV catalog as well.

Security trust and parity across organizations and the vendors that sell their software and devices into them is paramount to national security. Private organizations would be wise to leverage the significant DFIR telemetry, FBI and Fusion Center telemetry, researcher and trust-community initiatives in place, and the overall publicly funded effort it takes to curate the KEVs; as a defensible, actionable, and structured approach to vulnerability risk management.

CISA itself does not yet categorize the vulnerabilities, so we augmented their list by assigning categories to each vulnerability to get a better understanding of the types of assets and code that threat actors are targeting the most.

By categorizing each vulnerability, we are able to identify exploitation trends over the last 20 years which gives some perspective into the evolution of attacker targets.

Trended over time, it is no surprise to see the number of actively exploited vulnerabilities increasing year over year, and its important to note that CISA adds vulnerabilities as exploitation is detected. As a result, the number of exploited CVEs in a previous year could climb based on the data CISA has available.

In terms of categories, firmware led the way overall, followed by server software, operating systems, and web browsers. Lets analyze each category in more detail.

While the prevalence of firmware-based CVEs may be a surprise to some, it is a reflection of the large-scale shift of adversaries targeting firmware within enterprise and network infrastructure. Its also important to note that the numbers arent skewed simply due to an anomalous spike in the data. Firmware has been one of the leading categories of vulnerabilities over the past 5 years and continues to be thus far for 2022. Firmware is the leading category over virtually any time horizon we choose.

This is a troubling trend for many organizations given that traditional vulnerability management programs often dont reach down to the firmware level. Firmware makes up the foundation of modern computing, running on every device before the operating system even loads.very computer contains multiple components like CPU, memory, network adapter, video cards, and hard drives and each of these components contains firmware, difficult to monitor due to running at a level below the operating system. The compromise of firmware can provide an attacker with persistent access, even if the operating system is fully reinstalled or even if the hard drives are replaced.

While it is one thing to acknowledge these firmware vulnerabilities are known to be exploited, it is quite another to realize that the actors behind these active attacks are some of the most prolific and notorious there are, and responsible for some of the longest-running campaigns against both government and critical infrastructure. While the table of KEVs does not specifically identify (aka attribute) a given actor with a given vulnerability thats been exploited, it is easy enough to infer by simply reviewing the long list of recent CISA advisories, or even their high-level Shields Up! initiative. There, the reader can gain a much deeper insight into the campaigns and TTPs (Tools, Tactics, Procedures), leveraging vulnerabilities to meet their objectives. Well known Russian and Chinese nation-state sponsored attacks, as well as cyber criminal and ransomware actor groups, as well as attacks against our software supply chain, managed service providers, telecom infrastructure, hospitals and more. The initial vector into the attacked organizations is more often than not, the firmware of externally-facing devices such as routers, firewalls, VPN devices, and soho devices. Equally apparent, is that these same actors are also leveraging vulnerable firmware on devices internal to the network in order to persist, gather credentials, tunnel C2 (command and control) and exfiltrate data.

Network devices also run firmware, and while they also run an operating system, unlike desktops and servers they lack the advanced security tooling deployed across many enterprises. Due to their mission criticality, they are extremely high-value targets as they can be leveraged to further breach a network, monitor or redirect traffic, or even shut down large parts of the Internet.

Servers are naturally high-value targets for attackers as they frequently store large amounts of sensitive data such as email, databases, code repositories, and customer data. In 2017, the MS17-010 vulnerability in SMB Server facilitated both the WannaCry and NotPetya cyber attacks, causing billions of dollars in damage, shutting down shipping ports, and impacting businesses worldwide. Likewise, threat actors have notably exploited vulnerabilities in Microsoft Exchange Server in order to steal confidential information and deploy ransomware. Most recently, the industry experienced widespread attacks against Atlassian Confluence Server by attackers using a previously unknown vulnerability (CVE-2022-26134) affecting all versions of Confluence Server.

Operating systems serve the end-user(s) and applications on a given device, and any compromises to the OS can give attackers access to data and privileges, and open additional vectors of attack. Threat actors can use this access to maintain persistence, move laterally to other hosts, steal data, and deploy ransomware.

Securing and monitoring operating systems for compromise has become a multi-billion dollar industry, evolving from basic antivirus software in the 1990s to current cloud-based solutions which monitor every action on the system in an attempt to catch patterns of events known to be malicious.

Operating system vendors have improved over the years in terms of providing automated updates to ensure that any vulnerabilities are mitigated quickly in order to reduce their exposure to threat actors. Yet in spite of these efforts, OS vulnerabilities continue to be popular with threat actors including 42 vulnerabilities from 2021 alone. These vulnerabilities were mostly spread across versions of Windows operating systems and Apples iOS.

As the majority of applications have shifted to the browser, so too has cybersecurity risk. Virtually all of a users experiences are delivered through a browser, and users can easily use dozens or even hundreds of web-based sites and applications in a given day. This creates a target-rich environment for attackers, who can lure users into risky clicks or use automated exploit kits to deliver malware to vulnerable browsers.

Browser CVEs have proven to be popular in the wild with attackers. In particular, vulnerabilities in Google Chrome were found to be popular such as CVE-2021-21224, which was targeted by the Magnitude Exploit Kit.

End-user applications such as the Microsoft Office suite and Adobe Acrobat have long been targeted by attackers. Vulnerabilities in these applications can allow an adversary to gain code execution by luring users into opening a malicious file and have been a mainstaying of phishing campaigns for many years. Notably, the KEV catalog includes the Microsoft vulnerability CVE-2022-30190, which can be exploited by an attacker even if the user does not open the malicious file.

In order to maximize their targets, attackers have naturally focused on applications that are virtually ubiquitous. This has made Adobe Acrobat and Acrobat Reader particularly popular targets. For example, the recent Adobe vulnerability, CVE-2021-28550, was first observed in the wild as a 0-day vulnerability, allowing attackers to gain arbitrary code execution on a victim device.

While much of modern computing runs in a web browser, users and organizations still rely on a variety of traditional desktop applications. Popular chat applications like WhatsApp have been targeted by companies like NSO Group, who famously used a zero-day exploit to compromise and subsequently spy on Amazon CEO, Jeff Bezos. The KEV catalog includes multiple WhatsApp vulnerabilities including CVE-2019-3568 and CVE-2019-18426, as well as vulnerabilities in common applications such as Team Viewer Desktop.

Open source software has become an essential part of modern application development, allowing developers to quickly integrate capabilities into their applications and projects. However, this widespread reuse of code means that vulnerabilities in open source projects can likewise be incorporated into countless applications. For example, the notorious Heartbleed vulnerability in the OpenSSL library affected hundreds of thousands of devices globally. More recently, in December 2021, a remote code execution vulnerability in the popular Log4j library came under widespread exploitation. A Neustar International Security Council (NISC) survey indicated an estimated 60% of organizations had been targeted through this vulnerability. CISA also released an alert on June 23rd 2022 warning organizations that malicious actors have been using the Log4j exploit to breach VMWare servers before moving laterally inside the network.

Additionally, attackers have begun employing a new tactic: inserting malicious code into popular libraries. While it is hard to quantify the number of successful attacks resulting from this tactic, GitHub has updated its advisory database to include malware found in open source projects.

Virtualization is a relatively new attack vector in computing, and due to the rapid rise of cloud computing and containerization is one that will likely increase. However, much like attackers have targeted the execution environment of operating systems, they can similarly target the virtual environments and containers that support modern workloads. Vulnerabilities in these areas are potentially significant as they can allow an attacker to escape the virtualized environment and gain control over the physical host. The recent exploitation of the VMware vulnerability, CVE-2022-22960, provides a case in point.

Ultimately an organizations cybersecurity strategy must be informed by the risks and threats observed in the real world. CISAs KEV catalog is a powerful tool, arming security teams with insight into the vulnerabilities that matter most.

When it comes to firmware, there is an opportunity for organizations to see an area where they are likely under-appreciating their risk. The KEV data indicates that firmware has become a top target for real-world adversaries. This could be due to the powerful and strategic nature of firmware itself, or the fact that firmware often does not get updated and patched with the same rigor as other forms of code, or a combination of the two. However, regardless of the motivation, the data shows that firmware has consistently been an area of focus in real-world attacks, and it is up to security teams to build the processes to ensure the posture and integrity of their critical firmware.

For any questions, regarding the data in this post or to learn more about firmware security, please contact the Eclypsium team at [emailprotected].

View original post here:
Know Your Enemy and Yourself: A Deep Dive on CISA KEV - Security Boulevard

The man behind the leaks: Series paints picture of Julian Assange

In the second episode of new ABC seriesIthaka: A Fight to Free Julian Assange, the man behind some of the largest classified-document leaks in history sings Twinkle, Twinkle, Little Star over the phone to his young son as he gets ready for bed.

Minutes before the sweet bedtime scene, Assanges wife and legal adviser Stella Moris watches a video of a gospel choir singing in support of Assange outside of Belmarsh prison, where he has been held since he was dragged out of Londons Ecuadorean embassy in 2019.

This is the side of Wikileaks founder Julian Assange that his family wants you to see in the two-part documentary series available to stream from tonight on ABC iview.

Julians brother, Gabriel Shipton, one of the series producers, said he decided to document Assanges fight for freedom after seeing how much his condition had deteriorated during a visit to see him in Belmarsh prison in late 2019.

Facing the possibility of never seeing his brother again, Gabriel, who hadnt previously been involved in advocating for Assange, decided to bridge the disconnect between the real Julian and the publics perception of him after years of media scrutiny.

Everybody who knows Julian knows him as a funny, sensitive, goofy, gentle genius, Gabriel said.

But I was almost afraid to tell people that I was Julian Assanges brother because of all these smears and things that were in the media.

Gabriel began filming his and Julians father, John Shipton, as he advocated for Assanges release, and brought on director Ben Lawrence to write and direct the project six months later.

Ithaka documents two years of the fight against Assanges extradition to the US on espionage charges.

But Assange only appears via phone and FaceTime calls, and via CCTV footage of his time in Londons Ecuadorean embassy.

His presence is always felt but rarely seen by the audience a deliberate tactic Ben says was used to mimic the real-life experience of Assanges family.

Instead, John takes centre stage.

Ben said with Assange imprisoned and focusing on his legal fight, it was natural that John was at the forefront of the documentary.

As John says in episode one, Assange can no longer speak for himself, so his family and friends must speak for him.

The documentary gives viewers unprecedented insight into the private lives of Assanges family, which is particularly momentous for Stella, who only revealed herself as Assanges partner and mother of his children in 2020.

Ithaka shows footage of Stella visiting Assange with their first baby son during his stint in the Ecuadorean embassy, and follows her to Barcelona to visit her parents, who help look after the children as she deals with Assanges legal issues.

Stella had good reason for keeping her identity hidden in the past, having feared for her life at the hands of the CIA, but has since decided that Assanges needs are greater.

Im here to remind you that Julian isnt a name, hes not a symbol, she says in a speech.

Hes a man, hes a human being, and hes suffering.

Throughout the documentary, the audience sees John transform from someone happy to smile and speak to as many journalists as possible, while slightly umm-ing and ah-ing, to a more self-assured, media-savvy man equally more reluctant to face microphones and cameras.

Were here because we have a problem, we have a child in the sh and want to get him out, John tells the audience.

But he admits in the second episode, when he appears tired and disillusioned, that he doesnt see Assanges predicament getting any better only worse.

Ben says this is simply a moment of despair for a man who has seen his son lose a decade through imprisonment in one form or another, before he continues trying to free him.

As John points out in Ithaka, life does not follow the convenient Hollywood structure of a beginning, middle and conclusion: Assange is still fighting extradition to the US.

Since the documentary completed filming, a UK court has formally approved the extradition of Assange to the US, which set alarm bells ringing for those concerned over protections of journalists and whistleblowers.

It is now up to the UK Home Secretary to determine whether the WikiLeaks founder will be extradited.

The two-part series Ithaka: A fight to free Julian Assange will air on ABC TV at Tuesday, June 7 at 8.30pm AEST, or on ABC iview

Read more from the original source:
The man behind the leaks: Series paints picture of Julian Assange

Donating to help women get abortions is a First Amendment right protected by Supreme Court precedents – The Conversation

Several Texas abortion funds which are charities that help people who cant afford to get an abortion pay for their travel, lodging and medical bills paused disbursements on June 24, 2022, after the Supreme Court ruled that Americans have no constitutional right to the procedure.

The Lilith, Equal Access, Frontera and other funds said they were taking this step to assess the legal consequences of the courts ruling in Texas, which already had some of the nations strictest abortion laws. Abortion funds in some other states, including Oklahoma, were also reportedly halting their work.

Some funds active in Texas made this decision based on concerns that their financial assistance to women seeking abortions may now be illegal in that state, as well as fears that their donors could also be sued for violating Texas law.

But as an expert on reproductive rights and First Amendment law who has argued before the Supreme Court, I believe that donating to abortion funds even in places where helping people get abortions is illegal is protected by the U.S. Constitution.

The Supreme Court has ruled on several occasions that fundraising, whether its by charitable organizations or political candidates, is a form of speech protected by the First Amendment.

The court handed down the first relevant ruling in 1980, with its Schaumburg v. Citizens for a Better Environment decision. The court struck down an Illinois city ordinance that had prohibited charitable organizations from soliciting contributions unless 75% or more of their revenue was used directly for charitable purposes, rather than for salaries, administration and overhead costs.

The city of Schaumburg had defended that ordinance by contending it regulated conduct involving commercial transactions and was necessary to prevent fundraising for fraudulent causes. The Supreme Court rejected this characterization, asserting that fundraising is a form of protected speech because it is intertwined with informative and perhaps persuasive speech seeking support for particular causes or for particular views on economic, political, or social issues.

The court further noted that without the right to seek and receive donations, the flow of information and advocacy would likely cease.

Several campaign finance rulings have reinforced the Schaumberg ruling.

The best-known among them is Citizens United v. Federal Election Commission. Two other key rulings are Buckley v. Valeo, which preceded the Schaumberg case, and McCutcheon v. Federal Election Commission. All three established that contributions to political candidates, and spending by those candidates, is a form of speech protected by the First Amendment.

In the eyes of the law, seeking donations and making contributions are two sides of the same coin. The Supreme Court has said that both are important ways to show support for political preferences, advance ideas and advocate for policy changes.

The First Amendment right to solicit or give funds is not limited to charitable organizations or candidates. Simply panhandling on the street, the most basic form of soliciting funds, is entitled to First Amendment protection, according to several lower federal courts.

The Supreme Court has also held that the freedom of association principle embodied in the First Amendment protects the right to support a cause by making donations or paying dues.

Based on the freedom of association, which includes the right to join together with others for social or political purposes, the court has been very protective of the right of donors to remain anonymous. That has especially been the case for donors who support controversial causes and when revealing their identity might subject them to harassment, threats, public hostility or other forms of reprisal.

In 1958, the Supreme Court ruled in NAACP v. Alabama that the First Amendment barred Alabama from forcing the NAACP to disclose the names of its members or donors who resided in the state. The court pragmatically recognized that compelling disclosure of supporters of a civil rights group in Alabama in the 1950s could endanger the donors.

This First Amendment principle of protecting the speech and the rights of donors to fund charitable causes guards both sides of the political spectrum.

In July 2021, for example, the Supreme Court decided a case brought by two organizations considered to be conservative: the Americans for Prosperity Foundation and the Thomas More Law Center. The two organizations challenged a California law that required them to disclose the names of their donors who gave more than $5,000.

California tried to justify this law as necessary to prevent fraud by registered charities the same preventing fraud rationale that Schaumburg had unsuccessfully asserted as the reason it needed to restrict charitable solicitation.

Relying on the NAACP case among others, the Court held in Americans for Prosperity Foundation v. Bonta that the compelled disclosure requirement violated the donors right to freedom of association.

Based on this body of law, the First Amendment protects the right of abortion funds to seek contributions and to make contributions to individuals in Texas and other states where abortion is illegal to support their activities. The First Amendment also protects the right of people to make donations to abortion funds.

A 2021 Texas law known as Senate Bill 8 prohibits aiding and abetting an abortion after six weeks into pregnancy. The measure specifically mentions providing financial assistance as a form of aiding and abetting.

The law authorizes any person in the world to bring a civil damages lawsuit against anyone who aids and abets an abortion, and to recover attorneys fees in addition to at least $10,000.

One reason why abortion funds might be leery right now is that Texas law permits someone to seek a court order to force others to hand over information that might provide a basis for suing them.

Two individuals have already sought such an order to require the Lilith Fund to disclose information about its funding and donors in order to determine if they violated the 2021 restriction on aiding and abetting an abortion by giving money.

The Thomas More Law Society the same organization that successfully asked the Supreme Court to protect it from having to disclose its donors is representing the people seeking donor information from the Lilith Fund, and tweeted that Lilith Fund donors could face legal action for violating the Texas abortion laws aiding and abetting prohibition.

A Texas trial court judge has found that the provisions authorizing anyone to sue someone who provides or aids and abets an abortion likely violate the Texas Constitution, and has temporarily enjoined the law, meaning that it is on hold pending appeal.

The case is likely to go to the Texas Supreme Court. How that court rules will have a great impact on the liability risk faced by the Lilith Fund for providing financial assistance to women to help them get an abortion. While the legal process is playing out, the Lilith Fund is trying to minimize its legal risk by suspending the distribution of money to women.

If the Texas appellate courts eventually uphold S.B.8, the ban on providing financial assistance to Texas women could be enforced. In that event, the Lilith Fund would be able to make a strong case that they dont need to reveal any information because of First Amendment protections.

If states try to punish abortion funds or individuals for providing a woman with financial assistance to get an abortion in another state where it remains legal, including the money required to travel there, that would likely violate the Constitution.

Giving money to people who want to obtain a legal abortion would not be aiding and abetting a crime. Moreover, the Constitution protects the right to interstate travel. The freedom to cross state lines is a right deeply embedded in U.S. history dating to the Articles of Confederation, prior to the Bill of Rights.

Assisting someone with obtaining a legal abortion by giving them money also could be protected as a form of free speech because it can be one aspect of advocating for and supporting the right to legal abortion. Disbursing these funds could also be protected under the Constitution as an aspect of the freedom to associate with women who seek legal abortions by giving them financial support.

Read more:

Donating to help women get abortions is a First Amendment right protected by Supreme Court precedents - The Conversation

First Amendment to the Constitution | Community | hometownsource.com – ECM Publishers

Country

United States of AmericaUS Virgin IslandsUnited States Minor Outlying IslandsCanadaMexico, United Mexican StatesBahamas, Commonwealth of theCuba, Republic ofDominican RepublicHaiti, Republic ofJamaicaAfghanistanAlbania, People's Socialist Republic ofAlgeria, People's Democratic Republic ofAmerican SamoaAndorra, Principality ofAngola, Republic ofAnguillaAntarctica (the territory South of 60 deg S)Antigua and BarbudaArgentina, Argentine RepublicArmeniaArubaAustralia, Commonwealth ofAustria, Republic ofAzerbaijan, Republic ofBahrain, Kingdom ofBangladesh, People's Republic ofBarbadosBelarusBelgium, Kingdom ofBelizeBenin, People's Republic ofBermudaBhutan, Kingdom ofBolivia, Republic ofBosnia and HerzegovinaBotswana, Republic ofBouvet Island (Bouvetoya)Brazil, Federative Republic ofBritish Indian Ocean Territory (Chagos Archipelago)British Virgin IslandsBrunei DarussalamBulgaria, People's Republic ofBurkina FasoBurundi, Republic ofCambodia, Kingdom ofCameroon, United Republic ofCape Verde, Republic ofCayman IslandsCentral African RepublicChad, Republic ofChile, Republic ofChina, People's Republic ofChristmas IslandCocos (Keeling) IslandsColombia, Republic ofComoros, Union of theCongo, Democratic Republic ofCongo, People's Republic ofCook IslandsCosta Rica, Republic ofCote D'Ivoire, Ivory Coast, Republic of theCyprus, Republic ofCzech RepublicDenmark, Kingdom ofDjibouti, Republic ofDominica, Commonwealth ofEcuador, Republic ofEgypt, Arab Republic ofEl Salvador, Republic ofEquatorial Guinea, Republic ofEritreaEstoniaEthiopiaFaeroe IslandsFalkland Islands (Malvinas)Fiji, Republic of the Fiji IslandsFinland, Republic ofFrance, French RepublicFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabon, Gabonese RepublicGambia, Republic of theGeorgiaGermanyGhana, Republic ofGibraltarGreece, Hellenic RepublicGreenlandGrenadaGuadaloupeGuamGuatemala, Republic ofGuinea, RevolutionaryPeople's Rep'c ofGuinea-Bissau, Republic ofGuyana, Republic ofHeard and McDonald IslandsHoly See (Vatican City State)Honduras, Republic ofHong Kong, Special Administrative Region of ChinaHrvatska (Croatia)Hungary, Hungarian People's RepublicIceland, Republic ofIndia, Republic ofIndonesia, Republic ofIran, Islamic Republic ofIraq, Republic ofIrelandIsrael, State ofItaly, Italian RepublicJapanJordan, Hashemite Kingdom ofKazakhstan, Republic ofKenya, Republic ofKiribati, Republic ofKorea, Democratic People's Republic ofKorea, Republic ofKuwait, State ofKyrgyz RepublicLao People's Democratic RepublicLatviaLebanon, Lebanese RepublicLesotho, Kingdom ofLiberia, Republic ofLibyan Arab JamahiriyaLiechtenstein, Principality ofLithuaniaLuxembourg, Grand Duchy ofMacao, Special Administrative Region of ChinaMacedonia, the former Yugoslav Republic ofMadagascar, Republic ofMalawi, Republic ofMalaysiaMaldives, Republic ofMali, Republic ofMalta, Republic ofMarshall IslandsMartiniqueMauritania, Islamic Republic ofMauritiusMayotteMicronesia, Federated States ofMoldova, Republic ofMonaco, Principality ofMongolia, Mongolian People's RepublicMontserratMorocco, Kingdom ofMozambique, People's Republic ofMyanmarNamibiaNauru, Republic ofNepal, Kingdom ofNetherlands AntillesNetherlands, Kingdom of theNew CaledoniaNew ZealandNicaragua, Republic ofNiger, Republic of theNigeria, Federal Republic ofNiue, Republic ofNorfolk IslandNorthern Mariana IslandsNorway, Kingdom ofOman, Sultanate ofPakistan, Islamic Republic ofPalauPalestinian Territory, OccupiedPanama, Republic ofPapua New GuineaParaguay, Republic ofPeru, Republic ofPhilippines, Republic of thePitcairn IslandPoland, Polish People's RepublicPortugal, Portuguese RepublicPuerto RicoQatar, State ofReunionRomania, Socialist Republic ofRussian FederationRwanda, Rwandese RepublicSamoa, Independent State ofSan Marino, Republic ofSao Tome and Principe, Democratic Republic ofSaudi Arabia, Kingdom ofSenegal, Republic ofSerbia and MontenegroSeychelles, Republic ofSierra Leone, Republic ofSingapore, Republic ofSlovakia (Slovak Republic)SloveniaSolomon IslandsSomalia, Somali RepublicSouth Africa, Republic ofSouth Georgia and the South Sandwich IslandsSpain, Spanish StateSri Lanka, Democratic Socialist Republic ofSt. HelenaSt. Kitts and NevisSt. LuciaSt. Pierre and MiquelonSt. Vincent and the GrenadinesSudan, Democratic Republic of theSuriname, Republic ofSvalbard & Jan Mayen IslandsSwaziland, Kingdom ofSweden, Kingdom ofSwitzerland, Swiss ConfederationSyrian Arab RepublicTaiwan, Province of ChinaTajikistanTanzania, United Republic ofThailand, Kingdom ofTimor-Leste, Democratic Republic ofTogo, Togolese RepublicTokelau (Tokelau Islands)Tonga, Kingdom ofTrinidad and Tobago, Republic ofTunisia, Republic ofTurkey, Republic ofTurkmenistanTurks and Caicos IslandsTuvaluUganda, Republic ofUkraineUnited Arab EmiratesUnited Kingdom of Great Britain & N. IrelandUruguay, Eastern Republic ofUzbekistanVanuatuVenezuela, Bolivarian Republic ofViet Nam, Socialist Republic ofWallis and Futuna IslandsWestern SaharaYemenZambia, Republic ofZimbabwe

See original here:

First Amendment to the Constitution | Community | hometownsource.com - ECM Publishers

Trumpists Call on Supreme Court to Let States Establish Religion Within Their Borders – Rolling Stone

America First Legal (AFL), a right-wing group whose team includes several former Trump administration officials, is urging the Supreme Court to do even more to shatter whats left of the wall between church and state.

On Tuesday, June 28, the group issued a statement essentially calling for a total overhaul of the First Amendments establishment clause, a key provision separating church and state. The statement arrived one day after the Supreme Court cracked part of the clauses foundation with its ruling in Kennedy v. Bremerton. In that case, the courts far-right majority ruled that public school officials in Bremerton, Washington, violated the First Amendment rights of high school football coach Joseph Kennedy when they fired him following a controversy stemming from his ritual of praying at the 50-yard line during football games. The 6-3 decision effectively overruled a 1971 precedent for interpreting the First Amendments establishment clause.

While the establishment clause exists to keep the government from establishing an official religion in the United States, or doing anything that might favor one religion over another, the AFL is now hopeful that the Supreme Court will eventually disincorporate the establishment clause in a future case. Doing so, the AFL suggests, would allow states to decide whether and to what extent they will establish religion within their borders.

The AFLs vice president and general counsel Gene Hamilton a former Trump official in the Departments of Justice and Homeland Security, whose hits include axing DACA and helping create the infamous family separation policy argued in a statement that the original intent of the establishment clause was to let the states decide just how much they want to separate church and state.

We are pleased that the Supreme Court decided in Coach Kennedys favor, Hamilton said. Perhaps the Court will, in a future case, finally restore the original meaning of the Establishment Clause and disincorporate it as to the states. But for today, we celebrate with Coach Kennedy and all Americans who value religious freedom.

Allowing individual states to establish their own official religions is just one possible tidal wave-sized ripple that could follow Kennedy v. Bremerton. Considering the current Courts apparent disdain for established precedent, it could also pave the way for overturning the landmark 1962 case that ruled prayer in public schools was unconstitutional.

Kennedy v. Bremerton is also just one of two major SCOTUS rulings this term to take a crack at the long-established boundaries between church and state. Earlier in June, the right-wing majority ruled in Carson v. Makin that taxpayer money from a tuition assistance program in Maine could be used to send kids to private religious schools.

Read more:

Trumpists Call on Supreme Court to Let States Establish Religion Within Their Borders - Rolling Stone

The abortion apocalypse threatens the First Amendment, too – Arkansas Times

The U.S. Supreme Court threw womens rights under the bus yesterday and protests were instantaneous and large. See the Arkansas Capitol last night and you can also see a good crowd at Fayetteville in 40/29s tweet.

Thats good but only symbolic venting. Relief will be a long time coming, if ever.

Also concerning are other trappings of rule by minority that the Supreme Court reversal of Roe embodies along with the minority-favoring Electoral College, states rights only for gun laws with fascist approval, the end of voting rights, political gerrymandering and the end of government regulation (except for that of womens bodies).

Also: what about the First Amendment? There was violence last night. Against speech and assembly, theoretically protected by the First Amendment. Check out:

Arizona:

Or Los Angeles, where police declared an assembly unlawful and broke it up:

Or Cedar Rapids, where a truck drove into a crowd of demonstrators (the second truck-demonstrator collision in Iowa in a week):

And from Rhode Island (the cop has been suspended from duty)

And from a Virginia legislator:

We should be grateful that Secretary of State John Thurston didnt unleash teargas and non-lethal, face-breaking loads against the hundreds who gathered in Little Rock last night.

Count on the Arkansas legislature to join the assault on the First Amendment to further enhance Arkansass status as the most anti-woman state in the country. Interstate travel; advertising for abortion options; medication by mail; advice and financial support by Arkansans for Arkansas women? Expect them all to be under attack. And youll also soon see how empty the assurances were from the Supreme Court majority that same-sex relationships and marriage and contraception are not endangered by Fridays ruling. It provided a road map, as Clarence Thomas made clear, to erode those hard-won rights as well. Trust Kavanaugh or Barrett or Gorsuch not to go along with Thomas, Alito and Roberts on rolling back decisions they opposed? Even Susan Collins might not offer assurances on the next go-round.

Go here to see the original:

The abortion apocalypse threatens the First Amendment, too - Arkansas Times

Did George Washington Violate the First Amendment?, by Terence P. Jeffrey – Creators Syndicate

Did George Washington in his first act as president violate the first principle soon to be enshrined in the First Amendment?

Did the Congress that approved the First Amendment compel him to do so?

On April 7, 1789, three weeks before Washington was inaugurated, the Journal of the Senate reported that the Senate had ordered "a committee ... to take under consideration the manner of electing Chaplains, and to confer thereupon with a committee of the House of Representatives."

On April 15, 1789, the committee reported back: "That two Chaplains, of different denominations, be appointed to Congress, for the present session, the Senate to appoint one, and give notice thereof to the House of Representatives, who shall, thereupon, appoint the other; which Chaplains shall commence their services in the Houses that appoint them, but shall interchange weekly."

Two days later, the House concurred.

Then, on April 25, 1789, the Journal of the Senate reported: "The Senate proceeded to the appointment of a Chaplain, in the manner agreed upon the 15th of April; and (t)he right reverend Samuel Provoost was elected."

Two days after that, the House resolved: "That this House will, on Friday next, proceed by ballot to the appointment of a Chaplain to Congress on the part of this House."

Two days after that, the House agreed to a resolution, already adopted by the Senate, that said: "That after the oath shall have been administered to the President, the Vice-President and members of the Senate, the Speaker and members of the House of Representatives, will accompany him to St. Paul's Chapel to hear divine service performed by the Chaplains of Congress."

The Congress was then meeting at Federal Hall in New York City.

On April 30, 1789, Washington stood on the balcony of that hall and was sworn in as this nation's first president.

"Washington took the oath with his hand on the Bible, and kissed the Bible after taking the oath," says the Mount Vernon website.

The Journal of the Senate includes the text of his inaugural address.

"(I)t would be peculiarly improper to omit, in this first official act," said Washington, "my fervent supplications to that Almighty Being who rules over the universe who presides in the councils of nations and whose providential aids can supply every human defect, that his benediction may consecrate to the liberties and happiness of the people of the United States, a government instituted by themselves for these essential purposes: and may enable every instrument employed in its administration to execute with success, the functions allotted to his charge.

"In tendering this homage to the Great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own; nor those of my fellow citizens at large, less than either," Washington continued.

"No people can be bound to acknowledge and adore the invisible hand, which conducts the affairs of men, more than the people of the United States," he said.

Washington then followed through on the resolution Congress had passed earlier that week.

"The President, the Vice President, the Senate, and House of Representatives," reports the Journal of the Senate, "then proceeded to St. Paul's Chapel, where divine service was performed by the Chaplain of Congress, after which the President was reconducted to his house by the committee appointed for that purpose."

In 1983, the Supreme Court heard the case of Marsh v. Chambers. The issue then was whether the Nebraska state legislature had violated the First Amendment and established a religion by having a chaplain begin its sessions with a prayer.

The court voted 6-3 that it had not. Chief Justice Warren Burger wrote the opinion for the majority. In this opinion, Burger pointed to the historical fact that the House and Senate first elected their chaplains in April 1789 and voted later that same year to pay them a salary.

"A statute providing for the payment of these chaplains was enacted into law on September 22, 1789," he noted.

"On September 25, 1789, three days after Congress authorized the appointment of paid chaplains, final agreement was reached on the language of the Bill of Rights," said Burger. "Clearly the men who wrote the First Amendment Religion Clauses did not view paid legislative chaplains and opening prayers as a violation of that Amendment, for the practice of opening sessions with prayer has continued without interruption ever since that early session of Congress."

Burger noted that James Madison personally supported the payment of congressional chaplains.

"It bears note," said Burger, "that James Madison, one of the principal advocates of religious freedom in the Colonies and a drafter of the Establishment Clause ... voted for the bill authorizing payment of the chaplains."

The Establishment Clause says: "Congress shall make no law respecting an establishment of religion."

If the men who wrote the Establishment Clause also voted to pay for a chaplain to work for the very Congress in which they served, how can an assistant football coach at a public school violate the Establishment Clause by personally saying a prayer after a game?

He cannot.

The Supreme Court this week decided this question correctly. But three justices Sonia Sotomayor, Elena Kagan and the retiring Stephen Breyer voted the wrong way.

Which side would incoming Justice Ketanji Brown Jackson have taken?

We now live in a nation where fundamental rights remain just two or three votes shy of cancellation.

Terence P. Jeffrey is the editor-in-chief of CNSnews.com. To find out more about him, visit the Creators Syndicate webpage at http://www.creators.com.

Photo credit: MikeGoad at Pixabay

Excerpt from:

Did George Washington Violate the First Amendment?, by Terence P. Jeffrey - Creators Syndicate

Do Not Expect Section 230 And The 1st Amendment To Save Antitrust Bills From Abuse – Techdirt

from the fix-the-damn-bill dept

Over the last few weeks, weve written quite a bit about the American Innovation and Choice Online Act (AICOA), which has become the central push by a bunch of folks in Congress to create a special antitrust bill for big tech. There are some good ideas in the bill, but, as weve been highlighting, a major problem is that the language in the bill is such that it could be abused by politically motivated politicians and law enforcement to go after perfectly reasonable content moderation decisions.

Indeed, Republicans have made it clear that they very much believe this bill will enable them to go after tech companies over content moderation decisions they dislike. Most recently, theyve said that if the bill is clarified to say that it should not impact content moderation, that they will walk away from supporting the bill. That should, at the very least, give pause to everyone who keeps insisting that the bill cant be abused to go after content moderation decisions.

We recently wrote about four Senators, led by Brian Schatz (with Ron Wyden, Tammy Baldwin, and Ben Ray Lujan), suggesting a very, very slight amendment to the bill, which would just make it explicit that the law shouldnt be read to impact regular content moderation decisions.

In response to that Schatz letter, Rep. David Cicilline (who is spearheading the House version of the bill, while Senator Amy Klobuchar is handling the Senate side), sent back a letter insisting that Section 230 and the 1st Amendment already would prevent AICOA from being abused this way. Heres a snippet of his letter.

Moreover, even if a covered platforms discriminatory application of its terms of servicematerially harmed competition, the Act preserves platforms content-moderation-relateddefenses under current law. Section 5 of S. 2992 states expressly that [n]othing in this Act maybe construed to limit ... the application of any law.

One such law is Section 230(c) of the Communications Decency Act. Under thatprovision, social-media platforms may not be treated as the publisher or speaker of anyinformation provided by another information content provider. They also may not be heldcivilly liable on account of any action voluntarily taken in good faith to restrict access to oravailability of material that the provider or user considers to be obscene, lewd, lascivious, filthy,excessively violent, harassing, or otherwise objectionable, whether or not such material isconstitutionally protected. Accordingly, as with other liability statutes enacted since thepassage of Section 230, Section 230 provides an affirmative defense to liability under [the Act]for ... the narrow set of defendants and conduct to which Section 230 applies. Another stillapplicable law is the First Amendment to the U.S. Constitution, which the Act does notandindeed, cannotabrogate.

He then goes on in more detail as to why he believes the bill really cannot be abused. And while he does note that that he remains committed to doing what is necessary to strengthen and improve the bill and that he is happy to keep working with these Senators on it, the very clear message from his letter is that hes pretty sure the bill is just fine as is, and that Section 230 and the 1st Amendment already protect against abuse.

Finally, your proposed language for the Actalthough well intentionedis alreadyreflected in the base text of the bill. As detailed above, among other things, section 5 of S. 2992preserves the continued applicability of current laws, including 47 U.S.C. 230(c), that protectsocial-media platforms from liability for good-faith content moderation. Although I agree thatlegislation is necessary to address concerns with misinformation and content-moderationpractices by dominant social-media platforms, I have consistently said that this legislation is notthe avenue for doing so. As such, this legislation is narrowly tailored to address specificanticompetitive practices by dominant technology firms online. And as the Department of Justicehas noted, it is a complement to and clarification of the antitrust laws as they apply to digitalmarkets. As such, it does not supersede other laws.

Except Cicilline is wrong. Very wrong. We at the Copia Institute this week signed onto a letter from TechFreedom and Free Press (two organizations that rarely agree with each other on policy issues) along with some expert academics explaining why.

The letter explains why Cicillines faith in Section 230 and the 1st Amendment is misplaced. It walks through, step by step, ways in which motivated state AGs (or even the DOJ) might get around those concerns, by claiming that moderation decisions were not actually content-based decisions, but business conduct, focused on anti-competitive behavior.

We dont have to look far to see how that played out: the Malwarebytes case was an example of that in action. That was a case where a company was able to avoid Section 230 by claiming that a moderation decision (calling an app malware), was actually done for anti-competitive reasons. But with AICOA, we could get that on steroids. As the letter notes:

There is a substantial risk that courts will extend the Malwarebytes reasoning to exclude AICOA claims from Section 230 protectionincluding politically motivated claims aimed at content moderation. Specifically, courts may try to harmonize the two statutesi.e., strive to give effect to bothby accepting some showing of anticompetitive results as sufficient to circumvent Section 230(c)(2)(A) in non-discrimination claims.

Anticompetitive animus is not required by the plain text of AICOA 3(a)(3). Allowing only AICOA claims that allege (and, ultimately, prove) anticompetitive motivation to bypass Section 230s protection would infer an intent requirement where Congress chose not to include one. While courts do sometimes infer intent requirements, they may reasonably conclude that doing so here would effectively read Section 3(a)(3) out of the statute. How could a platform with no direct stake in the market where competitive harm is alleged ever have an anticompetitive intent? Thus, how could any plaintiff ever bring a Section 3(a)(3) claim regarding harm to competition between downstream business users that would survive Section 230(c)(2)(A)? For Rep. Cicillines presumptions about Section 230 to be correct, courts would have to effectively render Section 3(a)(3) a nullity by holding that only claims of self-preferencingbut not discrimination between other business usersare actionable. This is an implausible reading that clearly contradicts what the present draft of AICOA says.

The Malwarebytes court relied heavily on Section 230s history and purpose as evincing Congressional intent to protect competition. Here, there is explicit statutory language and legislative history from which a court could conclude that AICOAs purpose is to prohibit anticompetitive results, regardless of motiveand thus to carve those claims out from Section 230. This result would apparently be statutorily required if another bill co-sponsored by Sen. Klobuchar becomes law: The SAFE TECH Act (S. 299) would amend Section 230 to exempt any action brought under Federal or State antitrust law.

Theres a lot more in the letter, but the point is clear. The idea that 230 will magically stop the abuse of this bill seems contradicted by the way the law is currently drafted, and actual cases on the books.

Filed Under: 1st amendment, aicoa, amy klobuchar, ben ray lujan, brian schatz, content moderation, david cicilline, ron wyden, section 230, tammy baldwin

More here:

Do Not Expect Section 230 And The 1st Amendment To Save Antitrust Bills From Abuse - Techdirt