EFF Sues Texas A&M University Once Again to End Censorship Against PETA on Facebook and YouTube – EFF

This week, EFF filed suit to stop Texas A&M University from censoring comments by PETA on the universitys Facebook and YouTube pages.

In light of the COVID-19 pandemic, Texas A&M held its spring commencement ceremonies online, with broadcasts over Facebook and YouTube. Both the Facebook and YouTube pages had comment sections open to any member of the publicbut administrators deleted comments that were associated with PETAs high-profile campaign against the universitys muscular dystrophy experiments on golden retrievers and other dogs.

Where government entities such as Texas A&M open online forums to the public, the First Amendment prohibits them from censoring comments merely because they dont like the content of the message or the viewpoint expressed. On top of that, censoring comments based on their message or viewpoint also violates the publics First Amendment right to petition the government for redress of grievances.

Texas A&M knows this well, because this is not the first time weve sued them for censoring comments online. Back in 2018, EFF brought another First Amendment lawsuit against Texas A&M for deleting comments by PETA and its supporters about the universitys dog labs from the Texas A&M Facebook page. This year, in a big win for free speech, the school settled with PETA and agreed to stop deleting comments from its social media pages based on the comments messages.

We are disappointed that Texas A&M has continued to censor comments by PETAs employees and supporters without regard for the legally binding settlement agreement that it signed just six months ago, and hope that the federal court will make clear to the university once and for all that its censorship cannot stand.

EFF is joined by co-counsel PETA Foundation and Rothfelder Falick LLP of Houston.

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EFF Sues Texas A&M University Once Again to End Censorship Against PETA on Facebook and YouTube - EFF

Democratic Convention, Night 4: ‘Facts Over Fiction’ in Biden’s Speech – Kaiser Health News

In a near-empty arena on the river in his hometown of Wilmington, Delaware, former Vice President Joe Biden accepted the Democratic nomination for president, promising hope over fear, fairness over privilege, love over hate.

And, he said, Facts over fiction.

Lets see about that.

Our partners at PolitiFact examined a range of claims made by Biden, fact-checking or putting them in context. Here are excerpts related to health policy and the COVID-19 pandemic:

Five million Americans infected with COVID-19.

Its a little higher than that. According to data from Johns Hopkins University, the number of positive tests as of Aug. 20 was 5,573,517.

More than 170,000 Americans have died.

This is accurate. Johns Hopkins data counted 174,248 U.S. deaths through Aug. 20.

More than 50 million people have filed for unemployment this year.

This, too, is accurate. Since March 21, 57.4 million Americans have filed initial unemployment claims.

By far the worst performance of any nation on Earth.

The United States leads the world in the number of COVID-19 cases and deaths. Using other metrics that account for population, the U.S. isnt the absolute worst, but it still lags behind many other countries. For instance, the United States has the fifth-highest death rate per 100,000 people.

The virus is known to have infected a higher percentage of the population in the U.S. than in many other places. The U.S. has one of the highest rates globally of people who have tested positive 16,430 per million residents, which is lower than Chiles, but higher than that of any other large country.

More than 10 million people are going to lose their health insurance this year.

This number may be an underestimate. In a July report, the Urban Institute estimated that from April through December 2020, 10.1 million people will lose health insurance tied to a job that they lost during the pandemic. This analysis was done by looking at employment loss projections data from U.S. Labor Department reports.

But that number is lower than another estimate. KFF estimates that nearly 27 million people could lose their employer-sponsored health insurance and become uninsured due to the COVID-19 pandemic. (KHN is an editorially independent program of KFF, the Kaiser Family Foundation). This 27 million figure includes both those who lost employer-sponsored insurance as well as dependents who may have been covered on the same plan. The estimate was based on assessing data from Labor Department unemployment claims and determining whether workers were eligible for ACA insurance.

The assault on the Affordable Care Act will continue until its destroyed, taking insurance away from 20 million people, including more than 15 million people on Medicaid. And getting rid of the protections that President Obama worked so hard to get passed.

Biden was referring to the coverage losses that would result if a Trump administration-backed lawsuit to overturn the Affordable Care Act is successful. And health policy experts and press reportscite numbers close to what Biden listed.

Close to20 million peoplegained health insurance after the Affordable Care Act was enacted, either through the Medicaid expansion or as a result of its marketplace subsidies for individuals below 400% of poverty. So, it follows that if the ACA were overturned, their health coverage would be at risk.

Additionally, an Urban Institute estimate matches Bidens15 millionfigure regarding how many people would lose Medicaid coverage if the ACA were struck down. That would be a result of the federal government no longer helping states pay for Medicaid expansion.

There are other estimates that take into account the effects of the COVID-19 pandemic. The left-leaning Center for American Progress estimates that3 million additional people (beyond the already estimated 20 million) could lose health insurance coverage because of COVID-19 and be eligible for other government programs, such as Medicaid.

And because the ACA ensures that those with preexisting conditions must be covered by health insurance, that protection, as Biden called it, would no longer be in place if the law wereoverturned, because President Donald Trumphas not issued a health care planthat would offer a similar guarantee.

And after all this time the president still does not have a plan for the COVID-19 pandemic.

Its unclear exactly what type of plan Biden is referring to in this general statement. It is true that, thus far, no national testing or contact tracing plan has been issued. Nor has the White House issued a national blueprint to address the COVID-19 pandemic, despite Trump saying he would do so in July.

We are in the process of developing a strategy thats going to be very, very powerful. Weve developed as we go along, Trump said July 21.

However, the White House has said that Trump does have a plan. Several plans, in fact, seem to have emerged.

Part of one Trump administration plan included restricting travel from areas that have been affected by the virus in March. This initially targeted only China, but then extended to Iran, Italy, South Korea and other European countries. The White House also said Trump worked to expand testing capacity by developing a public and private partnership that would bring more coronavirus testing to parking lots of big-name chain stores. (There were only a few in operation when we checked in April.)

Trump has also touted a plan to develop a COVID-19 vaccine as quickly as possible, called Operation Warp Speed. The goal of Operation Warp Speed is to deliver 300 million doses of a COVID-19 vaccine by January 2021. A federal plan for vaccine distribution is not yet ready.

Throughout the COVID-19 pandemic, Trump has emphasized he wanted state leaders to take control of virus response within their states. But critics say these efforts do not represent a coordinated strategy.

Well have a national mandate to wear a mask, not as a burden, but to protect each other.

A nationwide mask mandate is easier said than done, given current law.

The Congressional Research Service found that the Centers for Disease Control and Prevention could use the Public Health Service Act (Sec. 361) to issue regulations mandating the use of masks. But a mandate would likely run into legal problems with the Constitution and other laws, including the Religious Freedom Restoration Act of 1993, which requires courts to grant certain religious exemptions.

Meanwhile, the Supreme Courts interpretation of the 10th Amendment prevents the federal government from controlling or requiring states to carry out federal directives. Congress could incentivize states to enact mask mandates, as long as the incentives arent considered significant enough to coerce or force states into enacting the mandate, the CRS report said.

A number of courts have affirmed state and local authority to impose social distancing measures and temporary business closures. Opponents of masks say that the requirement violates their First Amendment rights. At least one federal court has already rejected this claim and said the requirement regulates conduct, not speech.

Daniel Funke, Louis Jacobson, Victoria Knight, Bill McCarthy, Samantha Putterman, Amy Sherman and Miriam Valverde contributed to this report.

Excerpt from:

Democratic Convention, Night 4: 'Facts Over Fiction' in Biden's Speech - Kaiser Health News

Cannon Hinnant’s murder could have showed us at our best. It did the opposite | Opinion – The News Journal

Thousands of people have donated to a GoFundMe set up by Gwen Hinnant. It's raised nearly half-a-million dollars as of Friday night. Wochit

The same day 5-year-old Cannon Hinnant was viciously murdered while he rode his bike near his Wilson, North Carolina, home, a little girl in St. Joseph, Missouri was among three people shot in an afternoon drive-by shooting outside a grocery store.

Raelynn Elise Craig later died at the hospital. She was 2.

Her family remembered her as an angel and a fighter, a local media outlet reported. She was born premature and she beat the odds and she was here, a family member said.

Like the 209 children aged 11 or younger gone to gun violence in 2019 alone, now shes not. And 12days later, her killer remains free.

Cannon Hinnant, pictured here at age 4.(Photo: Photo courtesy Gwen Hinnant)

Every single one of those 209 deaths and the 36,000 yearly gun violence deaths in this country are an unspeakable tragedy.

Nearly 1,300 people under 18 die every year from gun violence, says a study published in the medical journal Pediatrics. Last year, while 209 died, Gun Violence Archive reported nearly 500 gun injuries to children 11 or younger.

Thankfully, not many of them have been used as a political prop the way Hinnant was. A tragedy that shouldve brought out the best of us did the opposite. It showed us at our worst.

'I HAVE NO IDEA WHY':5-year-old boy fatally shot in North Carolina 'loved everybody,' family says

If youve spent any time on social media in the last few days, you probably saw a few posts about the incident. People were asking where the media coverage was, claiming bias. Some were asking why there werent mass protests like after George Floyds death. The hashtag #SayHisName was trending. It wouldve been a sweet hashtag if all of its participants were well-intentioned. I guess white lives dont matter, I saw someone write on Facebook.

Weve become so good at talking over each other. Weve become so good at hijacking other peoples plight and misplacing it as our own.

It reminded me in a way about a protest I covered recently in Dover, Delaware. A few hundred people peacefully protested along a well-traveled highway to speak out against Delaware Gov. John Carney and the ongoing coronavirus restrictions in the state. It wasnt long before a Black Lives Matter group arrived and the two sides briefly exchanged words.

One group, which included a few Black protesters, used their First Amendment right to speak out against what they said was tyranny. The other groups goal is to bring awareness to police brutality and systemic racism against Black people.

A man in the Reopen Delaware group looked at me while the two sides shouted at each other from one side of the road to the other. These are two separate things, he said.

Thats why I was so startled last week to see Hinnants brutal murder used the way it was.

What happened to Breonna Taylor and George Floyd and what happened to Cannon Hinnant arent related incidents. I suspect most rational people know this.

Its been more than five months since Louisville Police used a battering ram to execute a no-knock search warrant to enter the Taylor's apartment. They were investigating two men believed to be selling drugs from a house separate from the 26-year-old emergency room technicians apartment. Her apartment was believed to be a place the men used to accept packages.

Police banged on the door, but Taylor and her boyfriend were in bed. So police blew the door open, startling Taylor and her boyfriend, Kenneth Walker, who fired his weapon. Police say he shot first, and their return fire ended Taylors life. The dispatch logs indicate Taylor received no medical attention for more than 20 minutes after she was struck, The Louisville Courier Journal reported.

In the months since people began protesting and using #SayHerName to bring awareness, change has happened. Louisville Police are no longer allowed to execute no-knock warrants. Officer Brett Hankison was terminated. He blindly fired multiple rounds into a covered patio door and a window, according to the termination letter.

But Hankison and the other officers were never arrested and never charged, and the other two remain employed. So #SayHerName will liveon.

Column continues below the photo gallery.

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The Hinnant family doesnt have to sleep at night the way Raelynn Elise Craigs family does: Wondering every second who her killer was and if he or she will ever pay for what they did.

Hinnants life did matter. Within 24 hours, Darrius Sessoms, a Black man, was arrested and charged with first-degree murder. He may never see life outside prison again, barely a consolation for losing a child.

What happened to Taylor didnt get national media attention until late May, around the time Floyd was killed by a Minneapolis Police officer.

But just days after Hinnants killing, many people, mostly the conservatives in my timeline, wanted to know where the media attention was. It was a bit confusing. If not for media coverage, how would they have known about what happened to a little boy in a small eastern North Carolina city? Pretend that you can hear me shouting when I say this: Facebook is not a media outlet.

The virality of Hinnants story followed a similar path ofmany other viral stories in the social media age. A local media organization reported on an incident, and people on social media started talking about it. Next, national media swooped in and now almost $1 millionhasbeen raised for his family.

I dont pretend to know why exactly some people reacted with vitriol in the way they did, and I dont believe pointing at an issue and shouting racism does anyone any good. But Raelynn Elise Craig was black. And so was Zamar Jones, the 7-year-old Philadelphia boy who was caught in the crossfire of gun violence and shot in the head earlier this month. He died two days later.

And while Philadelphia media covered the incident, I doubt many people in California know who Zamar Jones is.

You can draw your own conclusions.

Cannon Hinnants death could have brought out the best in us. We could have continued the conversation about gun violence. We could have wondered how Sessoms got a gun. We could have talked about the need for better mental health resources.

Instead, we didnt. Some of us decided a 5-year-old was worthy of perpetuating a twisted narrative.

So, yes, Say His Name. Say all of the names of the hundreds of little kids taken from us every year.

When you remember Cannon Hinnant, dont remember him for what his death brought to your social media timeline. Remember the boy with the light brown hair and beautiful smile who loved Spider-Man and Crocs. Remember how senseless his killing was.

And remember, too, that he never asked for this, to be used as a political prop,the latest victim flung into a culture war stoked by a loud social media culture that is bringing this country to its knees.

Jeff Neiburg, breaking news reporter, The News Journal.(Photo: Jennifer Corbett, The News Journal)

Jeff Neiburg covers breaking news for Delaware Online/The News Journal. Contact him at jneiburg@delawareonline.com.Follow him on Twitter @Jeff_Neiburg.

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Cannon Hinnant's murder could have showed us at our best. It did the opposite | Opinion - The News Journal

Jay-Z clashes with MKE billboard company over message critical of suspended officer – WISN Milwaukee

Lawyers for music and entertainment mogul Jay-Z want advertising company Lamar to reconsider its decision not to allow a billboard critical of a local police officer in the Milwaukee region.Those lawyers, which represent Team ROC, said Lamar initially told them it had billboard space available and asked the team to submit a proposal.The sign read, "Alvin Cole, Jay Anderson, Antonio Gonzales. They did not deserve to die. Officer Mensah must be held accountable."Cole, Anderson and Gonzales were shot to death by Wauwatosa police Officer Joseph Mensah within a five-year period. The city's Police and Fire Commission recently suspended Mensah, although the district attorney cleared the officer of wrongdoing in the Anderson and Gonzales shootings. Cole's February death is under review by the district attorney.Lamar denied the billboard request, Team ROC's lawyers said."The reason given, and I'm quoting the language here, 'It could have an affect on a future action,' Team ROC lawyer Jordan Siev said. "So we went back and looked at their copy acceptance policy and that's not a stated ground. They purport to look to protect people's First Amendment rights and specifically say they will do so, but they turned down this billboard when it seems to certainly fit within their copy acceptance policy."In early July, Jay-Z called for Mensah to be fired.PREVIOUS REPORT: Music, entertainment mogul Jay Z calls for Tosa officer to be firedSiev said his team tried again after making some changes. The second draft kept the names, but changed the message under them to read, "They did not deserve to die. Police officers shouldn't murder innocent people."Lamar blocked the second proposal as well, Siev said."The billboard copy from Team Roc was vetted through our usual copy acceptance process and rejected on the basis that we do not post copy concerning potential crimes, unless there has been a judicial determination of guilt," Lamar Advertising Communications Director Allie McAlpin wrote in an email to WISN 12 News. "Team Roc is welcome to resubmit amended copy that complies with our policies."The email appeared to be different than the message Siev said Team ROC received from the advertising company."The only logical conclusion that we can reach from this is; despite what their copy acceptance policy says -- that they are looking to protect people's First Amendment rights -- they're, in fact, engaged in an act of censorship here because they're afraid of a controversial billboard or message," Siev countered.When asked if Team ROC sought to have its message appear on billboards owned by companies other than Lamar, Siev said when Team ROC did its initial search for billboard space, Lamar had the only space available in the area at the time."We're hopeful that they will see the error of their way and reverse course and allow us to put up the billboard, and if they don't then we'll assess what our legal rights are and consider next steps," Siev added.

Lawyers for music and entertainment mogul Jay-Z want advertising company Lamar to reconsider its decision not to allow a billboard critical of a local police officer in the Milwaukee region.

Those lawyers, which represent Team ROC, said Lamar initially told them it had billboard space available and asked the team to submit a proposal.

The sign read, "Alvin Cole, Jay Anderson, Antonio Gonzales. They did not deserve to die. Officer Mensah must be held accountable."

Cole, Anderson and Gonzales were shot to death by Wauwatosa police Officer Joseph Mensah within a five-year period. The city's Police and Fire Commission recently suspended Mensah, although the district attorney cleared the officer of wrongdoing in the Anderson and Gonzales shootings. Cole's February death is under review by the district attorney.

Lamar denied the billboard request, Team ROC's lawyers said.

"The reason given, and I'm quoting the language here, 'It could have an affect on a future action,' Team ROC lawyer Jordan Siev said. "So we went back and looked at their copy acceptance policy and that's not a stated ground. They purport to look to protect people's First Amendment rights and specifically say they will do so, but they turned down this billboard when it seems to certainly fit within their copy acceptance policy."

In early July, Jay-Z called for Mensah to be fired.

PREVIOUS REPORT: Music, entertainment mogul Jay Z calls for Tosa officer to be fired

Siev said his team tried again after making some changes. The second draft kept the names, but changed the message under them to read, "They did not deserve to die. Police officers shouldn't murder innocent people."

Lamar blocked the second proposal as well, Siev said.

"The billboard copy from Team Roc was vetted through our usual copy acceptance process and rejected on the basis that we do not post copy concerning potential crimes, unless there has been a judicial determination of guilt," Lamar Advertising Communications Director Allie McAlpin wrote in an email to WISN 12 News. "Team Roc is welcome to resubmit amended copy that complies with our policies."

The email appeared to be different than the message Siev said Team ROC received from the advertising company.

"The only logical conclusion that we can reach from this is; despite what their copy acceptance policy says -- that they are looking to protect people's First Amendment rights -- they're, in fact, engaged in an act of censorship here because they're afraid of a controversial billboard or message," Siev countered.

When asked if Team ROC sought to have its message appear on billboards owned by companies other than Lamar, Siev said when Team ROC did its initial search for billboard space, Lamar had the only space available in the area at the time.

"We're hopeful that they will see the error of their way and reverse course and allow us to put up the billboard, and if they don't then we'll assess what our legal rights are and consider next steps," Siev added.

More:

Jay-Z clashes with MKE billboard company over message critical of suspended officer - WISN Milwaukee

Lata Nott: Standing up for the First Amendment and Austin Tice – The Delaware County Daily Times

Earlier this month, I spoke (virtually, of course) with a group of journalism students about how the First Amendment relates to, and protects, the work theyll soon be doing. I walked them through the major legal doctrines that protect freedom of expression in this country:

The government cant create laws that censor or punish people for their speech, unless theres a compelling purpose behind them and those laws are the least restrictive way to achieve them;

It cant apply laws or take actions in a manner that discriminates against people based on the point of view theyre expressing;

It cant engage in prior restraint prevent something from being published unless it can prove that that publication would cause immediate and irreparable harm to the United States.

Its a lecture Ive given many times over the past few years, but afterwards, one of the students asked me a question Id never been asked before. Who makes sure the government isnt doing any of the things it cant be doing? Is there an agency that ensures compliance with the First Amendment?

For the most part, its just us, I replied and made some sort of expansive hand gesture in an effort to let the student know that us encompassed her, me, the other 20 people on the Zoom call and the American people as a whole.

It was an off-the-cuff answer, and if Id had more time and my Wi-Fi connection had been less laggy, I might have said that its the courts that strike down unconstitutional laws and government actions, although executive agencies like the Department of Justice and legislative bodies like Congress can certainly play a role by pushing for and implementing further safeguards for free expression. But my original answer still stands. Courts hear cases when lawsuits are brought by people whose rights have been violated. The executive and legislative branches respond to demands from their constituents. And the public learns about the governments transgressions through the press.

One of the most interesting things about the press is that despite being the only profession actually named in the Constitution, journalists themselves are not defined by any legal document or ordained by any government body. As my colleague Gene Policinski wrote on World Press Freedom Day a few years back, In the larger sense, were all press every time we post, tweet or blog whether we want that title or not. Media critics and advocates alike are fond of noting the press has no more and no less privilege under the First Amendment than any other U.S. citizen.

This is as true for the professional journalists who covered the recent Black Lives Matter protests as it is for the Minneapolis teenager who recorded the killing of George Floyd, which sparked those protests in the first place. Anyone who cares enough to expose wrongdoing people in power is serving as a watchdog. Anyone who wants to make truth known to the public at large wields the power of the press.

But the fact that anyone can do this doesnt detract from its significance, or the risks that it might entail.

On Aug. 14, it has been eight years since Austin Tice went missing. Austin was a Georgetown law student and former U.S. Marine Corps officer who went to Syria as a freelance journalist in 2012. He was also one of the only Western journalists on the ground while the Syrian conflict was unfolding and he made it his mission to report on the impact the conflict was having on civilians. On July 25, 2012, he posted this on his Facebook page, responding to those who told him he was crazy to try to report what was happening in Syria: We kill ourselves every day with McDonalds and alcohol and a thousand other drugs, but weve lost the sense that there actually are things out there worth dying for. Weve given away our freedoms piecemeal to robber barons, but were too complacent to do much but criticize those few who try to point out the obvious.

On Aug. 14, 2012, three days after his 31st birthday, Austin Tice was taken captive as he was preparing to travel from Daraya, near Damascus, Syria, to Beirut, Lebanon. Diverse credible sources report that he is still alive. Austins parents, who have unrelentingly advocated for his return, recently published an open letter in The Washington Posts Press Freedom Partnership newsletter that included this heartbreaking message:

Each year around Austins birthday and the date of his capture, theres a brief moment of renewed attention and media coverage. Our son is imprisoned every single day. Every single day Austin needs his colleagues in journalism to ask questions about what is being done to bring him home, to dig for answers when they meet with obfuscation and to hold U.S. government officials accountable for their actions or lack thereof.

Advocating for Austin and other journalists who have been unjustly targeted or detained is in our hands. So is safeguarding our First Amendment freedoms. As Austin pointed out, we cant afford to be complacent.

Lata Nott is a Freedom Forum Fellow. Contact her via email at lnott@freedomforum.org, or follow her on Twitter at @LataNott.

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Lata Nott: Standing up for the First Amendment and Austin Tice - The Delaware County Daily Times

Court Says First Amendment Protects Ex-Wife’s Right To Publicly Discuss Her Ex-Husband On Her Personal Blog – Techdirt

from the [gestures-at-Dr.-Velyvis]-anyone-can-start-a-blog-on-Wordpress dept

What appears to be a very combative divorce between two very combative people in Marin County, California has reached the point of criminal charges. Not justifiable criminal charges, but criminal charges all the same.

Melissanne Velyvis has been very publicly documenting everything about her divorce proceedings and her ex-husband's (Dr. John Velyvis) alleged domestic abuse. In an apparent attempt to silence her from discussing her personal life (which necessarily involved discussing his personal life), John approached a judge and secured a restraining order forbidding his ex-wife from publishing "disparaging comments." Here's Judge Beverly Wood making her feelings clear about Melissanne's divorce-focused blogging:

I really came into this hearing not wanting to issue this order and really hoping that I wouldnt have to issue this order, but it has to stop, Wood said, according to a transcript of the proceeding. It really has to stop. And I need to tell you that if you dont stop this, this can become a criminal matter. I dont think you want to go there.

The order was expansive. It not only banned future "disparaging" posts but ordered the removal of everything fitting that description Melissanne had posted in the past.

I am making an order that you remove any posting on social media on Internet regarding Dr. John Velyvis and that you not post anything on social media regarding Dr. Velyvis or his children directly or indirectly. [...] I am going to order that you prevent disseminating any information about Dr. Velyvis to any parties absent a court order or subpoena.

Melissanne did not stop posting. Last December, Marin County prosecutors filed criminal charges over the violation of the restraining order. The prosecutor argued the prior restraint was Constitutional because the alleged harassment targeted by the order was unlawful.

Melissanne challenged the order. Seven months after being criminally charged for discussing her divorce and her ex-husband online, the restraining order has been dismantled by another county judge.

[Judge Roy] Chernus ruled on the petition on July 27. He agreed that the prior court order was an unconstitutional block on free speech, and said the criminal charge could not stand.

In California, a court must find that extraordinary circumstances exist in order to restrain the defendants right to share independently obtained information about another adult with other willing adults, Chernus wrote. The fact the public sharing of these comments might be humiliating to the targeted adult, or cause emotional distress or even cause harm to the subjects professional reputation, does not rise to the level of a compelling or extraordinary circumstance.

The ruling [PDF] (thanks, Volokh Conspiracy!) makes it clear the order is only unconstitutional as far as it applies to Melissanne's online postings. Other elements regarding "unwanted contact" still apply.

The court cites a handful of other divorce proceedings in which similar restraining orders were found unconstitutional. Just because one of the parties may feel harassed by the other party's discussion of ongoing acrimony doesn't make it unlawful for the party to engage in this speech. Unless the speech falls into narrow categories (like defamation or true threats), the speech is Constitutionally protected.

There is nothing on the face of the complaint, or in the Family Court judge's judicially-noticed findings of fact to indicate any of defendant's communications were previously found to be defamatory.

As stated in the DVPO, the Family Law judge found that defendant's statements about Dr. Velyvis were intentionally harassing, damaged his reputation and interfered with his personal relationships.

Based on the authorities discussed above, these reasons are insufficient to justify such a broad prohibition. The court finds that the portion of the DVPO restraining defendant from posting on the internet or communicating any information about defendant's ex-husband or his children is impermissibly overbroad and constitutes an invalid prior restraint under the federal and California constitutions.

Since the order is invalid, so is the criminal charge.

Violation of this portion of the DVPO, therefore, is not an actionable offense.

The protective order can still be violated but it can no longer be violated simply by posting content Dr. John Velyvis feels is disparaging or personally harmful. The First Amendment -- and California's own Constitution -- protects the right of divorce participants to make each other as miserable as possible. Which is as it should be, since divorce is just as much an American tradition as free speech itself.

Thank you for reading this Techdirt post. With so many things competing for everyones attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

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Filed Under: 1st amendment, california, divorce, free speech, john velyvis, marin, melissanne velyvis

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Court Says First Amendment Protects Ex-Wife's Right To Publicly Discuss Her Ex-Husband On Her Personal Blog - Techdirt

TikToking away at the first amendment | Columns | jcsentinel.com – Jackson County Sentinel

If you are like me, you were vaguely aware of the TikTok app before it was a word thrown around on the news.

TikTok is an app that is primarily used to watch short, funny videos created by people around the world. Users can film themselves lip-syncing to music, acting out various sketches and trends or creating some other kind of short-form original content. It currently has over 100 million American users.

My 11-year old loves to watch the original videos created by the kids on there. The app has helped keep her entertained during the pandemic as she watched other kids do creative dances and songs.

For months, President Trump has been complaining about TikTok and its security risks for users of the app. The administration advocated banning the app because it says its Chinese owners could be required to co-operate with the Chinese government and turn over information about its users.

He recently issued an executive order calling for a complete halt of all US transactions with TikToks parent company by September 20.

Microsoft has been in talks with the company to discuss buying its US operations, but no deal is yet in place.

TikTok is owned by a private Chinese company called ByteDance. It does not operate in China and says user data is stored on servers inside the United States. They also say they are prepared to sue to stop the sale of their company.

Trumps order lists a variety of concerns like data collection and the possibility of disinformation by the Chinese government.

TikTok has reportedly been under a national security review for almost a year by the Committee on Foreign Investments in the United States. So far, there has been no public release of their findings on the company.

The app collects information including geolocation tags, unique device identifiers, and contents of in-app messages in order to track and predict consumer trends.

The practice is neither illegal nor uncommon for social network platforms. Facebook collects personal data and makes ad profiles based on users political and religious affiliations. According to a recent Washington Post article, they can even track users when they are not using the app. They were accused of sharing user information to third party companies for ad revenue in 2018.

Six other popular apps that collect data about your appearance, browsing history and geographical location are Facebook, Instagram, Whatsapp, Google, Amazon and Flickr.

Any of those companies could be selling data which ultimately ends up in the hands of the Chinese or the Russians. Could be, being the operative words.

The only difference is the owner of TikTok is based in China, who Trump has an ongoing feud with. Some suggest Trumps goal with the ban is a political win against China.

His current interest in TikTok began after a less than sold-out crowd at his Tulsa, Oklahoma political rally. It was rumored that an anti-Trump troll campaign originated on TikTok and was responsible for the small crowd.

A recent CIA assessment reportedly found no evidence that the app was used by Chinese spy agencies to intercept data, according to the New York Times.

Allowing the government to ban TikTok would present a problem with our constitutional right of free speech. If they get away with this ban, it could set a precedent for digital censorship.

Perhaps this is just the beginning of a campaign to do that. Facebook and Twitter have recently added fact checks and even removed some of Trumps videos and tweets they claim contain false or misleading information.

No American president has ever invoked emergency powers against a piece of software.

Critics worry that Trumps actions could set a dangerous precedent in how the government tries to control the way citizens use the internet. Restricting internet use results in peoples inability to speak their mind. When countries like the United States do it, it erodes our democracy.

The irony of a TikTok ban is noteworthy because removing TikTok would be similar to the actions taken by China which does not allow Facebook, Twitter and Google because it censors what its citizens can do online. Now the Chinese can accuse us of the same thing.

So far, we have seen no evidence of the governments case, only accusations and speculation.

Banning an app in a country built around individual freedoms should require more proof than allegations made by an administration that consistently provides inconsistent and often misleading information. Big tech companies that entertain, inform and allow millions of people to share opinions should not be banned in a democracy where its citizens are free to express themselves.

Changes in federal privacy laws to require better standards for security and transparency would be more beneficial.

Protections, not restrictions, are the American way.

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TikToking away at the first amendment | Columns | jcsentinel.com - Jackson County Sentinel

‘An attack on the First Amendment’: Voting rights groups sue postmaster general Louis DeJoy to reverse post office reforms – MSN UK

Provided by The Independent

Voting rights groups are suing the head of the postal service to reverse reforms which have caused backlogs and delays across the country months before an election in which record numbers are expected to vote by mail.

The lawsuit, filed in a federal court in Maryland, accuses Louis DeJoy of weaponising the United States Postal Service to disenfranchise Americans who choose to vote by mail.

Mr DeJoy, a major donor to Donald Trump who was named head of the postal service in May, has overseen a raft of changes to working practices since his arrival including the removal of mail processing machines and a ban on overtime which caused severe delays to mail delivery.

Following an outcry from voting rights advocates and Democrats who said the delays amounted to election interference, he announced that he would suspend the reforms until after the November vote "to avoid even the appearance of any impact on election mail.

But the lawsuit calls for a full reversal of the changes to working practices including the removal of mail processing machines and a ban on overtime which caused severe delays to mail delivery.

Postmaster General Louis DeJoy has wreaked havoc across the country with reckless policies intended to disrupt the timely delivery of mail just weeks in advance of a general election, said Kristen Clarke, president and executive director of the Lawyers Committee for Civil Rights Under Law, which is pursuing the case. Without question, DeJoy is weaponising the United States Postal Service (USPS) to disenfranchise Americans who choose to vote by mail amid an unprecedented pandemic gripping the nation.

Ms Clarke added that Mr DeJoys statement vowing to suspend changes rings hollow in the absence of remedial action taken to address the damage that his actions have caused.

Mr DeJoy claimed his reforms were long-planned and unrelated to the election. But the changes came at the same time president Trump has increased attacks on the validity of mail-in ballots and held up emergency funding for the postal service because he did not want to see their use expanded.

The suit was filed on behalf of voting rights groups the National Urban League, Common Cause and the League of Women Voters US against Postmaster General Louis DeJoy and the United States Postal Service.

It alleges that Mr DeJoy followed through on Mr Trumps publicly stated desire to undercut the delivery of mail ballots by weakening the postal service, which violates the constitution.

The drastic and disruptive changes to the Postal Service by the Trump administration have been an attack on every Americans right to vote and their First Amendment right to free speech and they must be rolled back definitively with more than just a press release, said Karen Hobert Flynn, President of Common Cause.

Following weeks of attacks against the post office and its ability to handle mail-in ballots in the upcoming election, Mr Trump offered a frank explanation last week about why he was blocking emergency funding for the service in the next coronavirus stimulus bill.

They need that money in order to make the Post Office work so it can take all of these millions and millions of ballots, he told Fox Business. But if they dont get those two items, that means you cant have universal mail-in voting, because theyre not equipped to have it.

Mr Trump has blocked much-needed funding for the postal service to help it deal with the pressures of the coronavirus.

House Democrats have called for $25 billion for the post office as part of a $3 trillion coronavirus relief package. That package would also include $3.6bn for election funding to help states meet the demands of holding a vote during the pandemic. The White House has rejected that proposal, citing Mr Trumps false claims that granting the funding would lead to fraud.

Democratic Congressman Eric Swalwell was one of more than 170 House members to sign a letter calling for the reversal of the reforms last week.

I think the motivation is quite clear. Donald Trump sees mail-in balloting as a threat to his reelection, and so he's seeking to dismantle the post office, he told The Independent.

Mr DeJoy is scheduled to testify in both chambers of Congress in the coming days, starting off with an appearance at the Senate Homeland Security and Governmental Affairs Committee on Friday.

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'An attack on the First Amendment': Voting rights groups sue postmaster general Louis DeJoy to reverse post office reforms - MSN UK

Will past comments hurt NYs case against the NRA? – Hornell Evening Tribune

NY AG Letitia James called the NRA a 'terrorist organization.'

ALBANY Two years ago, Letitia James then a candidate for New York attorney general made a provocative campaign promise.

The National Rifle Association, the nation's preeminent guns-rights group, had a "poisonous agenda" that was "directly antithetical" to New York's tough gun-control laws, James said at the time.

She vowed to investigate the powerful and controversial group to determine whether it should keep its charitable status, making it the first plank of her plan to combat gun violence.

"The NRA is an organ of deadly propaganda masquerading as a charity for public good," the plan read. "Its agenda is set by gun-makers who think arming teachers is a better idea than making it harder for kids to get military grade guns."

Two years later, James now the attorney general made good on her pledge, filing a lawsuit this month alleging a wide array of fraud and corruption at the NRA. James says it is enough to warrant shutting down the 148-year-old organization.

The NRA wasted no time trying to use James' campaign comments against her, filing a counter suit accusing the Democrat of displaying a preconceived outcome that guided her investigation into the organization and violated its First Amendment rights.

Ultimately, it will be up to the state courts to determine whether James' prior remarks will hurt her headline-grabbing case, which seeks to dissolve the NRA and oust longtime executive vice president and CEO Wayne LaPierre.

"It's never helpful for any prosecutor to show any bias against a potential target in advance of litigation," said Sean Delany [Copy checked] , a Westchester attorney who led the Charities Bureau of the New York attorney general's office in the late 1990s.

"But given the amount of wrongdoing alleged in the complaint, which draws a picture of a cesspool of fraud, it's hard to believe that the attorney general won't be able to prevail if she can prove even a fraction of those allegations."

James has been critical of the NRA

James, then the New York City public advocate and a former City Council member, made no secret of her disdain for the NRA during her 2018 campaign.

Along with the comments sprinkled in her anti-gun-violence plan, James also called the NRA a "criminal enterprise" and a "terrorist organization" in interviews and a debate prior to her November 2018 election, saying an investigation into the group would be her "top issue" if elected.

"The NRA holds [itself] out as a charitable organization, but in fact, [it] really [is] a terrorist organization," James said in a 2018 interview with Ebony magazine.

Those comments, along with the quotes from her anti-gun-violence campaign, are at the center of the NRA's counter suit, which seems to severely limit the scope of James' ongoing investigation and force the state to pay the organization for damages.

In short, the NRA claims James unfairly targeted the organization for investigation because she disagrees with its efforts to stop gun-control laws, violating its free-speech and equal-protection rights.

"James's threatened, and actual, regulatory reprisals are a blatant and malicious retaliation campaign against the NRA and its constituents based on her disagreement with the content of their speech," according to the NRA's lawsuit.

Is the NRA trying to distract?

James contends the NRA is simply trying to take away from the widespread fraud and corruption alleged in her lawsuit.

The suit, filed Aug. 6 in state Supreme Court in Manhattan, lays out a series of highly detailed, specific accusations across more than 160 pages. The NRA, LaPierre and three other current and former organization leaders are named as defendants.

Much of it focuses on LaPierre, who is accused of using the longstanding organization to enrich himself and support his family's lavish lifestyle, wasting millions of dollars on private travel including eight trips to the Bahamas and use of a yacht with four staterooms, a jet boat and two jet skis.

LaPierre is also accused of engineering a post-employment contract without NRA board approval that guarantees him a lifetime salary even if he's let go. That contract is currently worth about $17 million, according to James' lawsuit.

LaPierre and the NRA are also accused of hiding spending in a number of ways, including by having Ackerman McQueen the NRA's longtime advertising firm cover travel and entertainment expenses before billing the organization for reimbursement.

That allegedly fraudulent relationship allowed LaPierre to file false personal tax returns, according to the lawsuit.

The NRA's counter suit is just an attempt to divert attention away from the organization's "deep-rooted" fraud, James said in a statement.

"The facts speak for themselves, and our lawsuit will continue undeterred," she said.

James has civil jurisdiction to investigate and regulate the NRA because the organization was chartered in New York way back in 1871, when it was formed to promote marksmanship.

Pursuing the dissolution of a charity is the most severe form of punishment the attorney general's office can pursue against a not-for-profit organization. And the NRA is the most prominent organization the state has sought that punishment against.

NRA known to defend aggressively

Ted De Barbieri, an associate professor at Albany Law School who specializes in nonprofit law, said the NRA has a history of aggressively defending itself against litigation.

Using James' campaign comments in its counter suit fits into that playbook, he said.

"Based on what I know of the NRA's litigation strategy in the past, they are very aggressive," he said. "They're going to use all the legal tools they have available."

James is not the first New York official the NRA has accused of violating its First Amendment rights by highlighting critical comments that preceded state action.

In 2018, the NRA filed a lawsuit against the Gov. Andrew Cuomo and the state Department of Financial Services over state actions that dissuaded major insurers from doing business with the organization.

Later in the year, U.S. District Judge Thomas McAvoy dismissed much of the NRA's lawsuit. But he allowed the NRA to continue with its claim that Cuomo and the state agency violated its freedom-of-speech rights by making direct and implied threats against insurers that were in business with the organization.

"The allegations ... are sufficient to make out plausible First Amendment freedom-of-speech claims," McAvoy wrote at the time.

James said her investigation's conclusions are based on the NRA's action and clear violations of New York's charity laws not her position on gun control.

"This is not a question of the moment that I've been waiting for," she said Aug. 6, the day she filed her lawsuit.

"This is a question again of following the facts and applying the law, and when you apply the law, the only conclusion you can come to is that these four individual defendants and the NRA and all of its directors and officers violated the law."

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Will past comments hurt NYs case against the NRA? - Hornell Evening Tribune

Ending the Campfire Prohibition on the Chain Lakes Makes No Sense – – Adirondack Almanack

The 19,000-acre Essex Chain of Lakes between Indian Lake and Newcomb certainly has received lots of public attention. In 2007, it was a major part of the Finch, Pruyn and Company sale of 161,000-acres to the Adirondack Nature Conservancy, with help from the Open Space Institute.

Today, the first amendment to the Essex Chain of Lakes Primitive Area Unit Management Plan is up for public comment. Should it be approved? Before tackling that question, let us review.

What an earthquake the 2007 Finch, Pruyn sale felt like, with many aftershocks. It promised an exciting time for land conservation and for advocates for open space conservation like me and the nonprofits I worked with. It still is. It was a scary time for Finch employees, contractors, leaseholders, and many townspeople, including guides tied closely to the land and its future uses. The consequences of that land sale are still playing out and will continue to.

Also, it was a time to recall a longer continuum of debate about the Adirondack Park and what the Park should be and look like. During the 1950s people like my wilderness mentor Paul Schaefer had passionate exchanges with people like Lyman Beeman, then chairman of Finch, Pruyn, about the future of Finchs vast Adirondack holdings, about the practice of forestry, about wilderness, what was it and whether wilderness management of the Forest Preserve was desirable, achievable, worthy.

The National Wilderness Preservation Act passed in 1964, inspired by our forever wild State Constitution. State Lands (Forest Preserve) classified Wilderness, Primitive, Canoe, Wild Forest, Intensive Use came to pass in 1972 via the Adirondack Park Agency Act and its offshoot, the Adirondack Park State Land Master Plan.

Paul Schaefer died in 1996. Even in his final year, he was still researching and speaking with Bob Flacke of Finch, Pruyns board (now also deceased) about how some of the Finch, Pruyn lands could be protected from development and eventually added to the Forest Preserve. In 2007, Pauls goal was amply fulfilled. In 2009 more than 90,000 acres of the 161,000 was sold with a conservation easement that prevented second home development but allowed continued forest harvesting and management, still ongoing. In 2012, Governor Cuomo and his DEC began to acquire on our behalf 65,000-acres for the Forest Preserve, where forest harvesting is prohibited by the NYS Constitutions Article XIV. The Essex Chain of Lakes were among those first acquisitions.

Land classification

Considering the miles of former logging roads, the history of mechanized uses, and the history of float plane landings on certain of the lakes, DEC initially proposed a Wild Forest classification for the Essex Chain of Lakes. The public immediately engaged in debate and hearings. Adirondack Wild pushed hard for a Wilderness classification, for good reasons we felt. Certain APA members, notably Dick Booth, and certain APA staff, argued effectively that the rare wetland plants, the extent of those wetlands fringing on the lakes, the 19,000-acres, the remote feel, the exquisite ecological and recreational values all pointed to greater resource protection than Wild Forest would permit. Ultimately, the classification decision was Primitive to allow the float plane uses to continue yet for most the lakes to be managed as near to Wilderness as possible. A Wild Forest snowmobile corridor would run between the Primitive Hudson River and the Chain Lakes.

Then in 2014-15 came the Essex Chain Unit Management Plan. Further exceptions to wilderness management were made at the insistence of the DEC, with APA members Booth and Lussi dissenting. With support from Governor Cuomo, DEC led APA by the nose to accommodate more recreational uses, such as bicycling. Regardless of how ill-suited these former logging roads, now trails, were for family bike touring an exception was carved out to authorize bicycling in this one Primitive area (bikes are not authorized in Wilderness, or on non-mechanized trails in all other Primitive areas).

Then, DEC wanted motorized vehicles to maintain those trails for bicycling and that, also, was authorized by Master Plan amendment in what Adirondack Wild and others viewed as an especially egregious violation of the State Land Master Plan.

From our viewpoint, yet even more egregious violations of law by DEC (and APA) were to follow, most prominently by allowing pre-existing uses to continue on Forest Preserve, including snowmobile corridors and bridges within Scenic River areas. These were authorized by the UMP and then by DEC permit. We took the agencies to court over the UMP and the permit. Some of those core issues went all the way up to the Court of Appeals. Adirondack Wild and Protect eventually lost that one 4-3 in 2019.

Proposed changes

Now in mid-2020, during a pandemic, comes the very first amendment to the Essex Chain of Lakes UMP. What is our DEC now proposing as a change to the UMP and why? In our view, a continuation of the pattern: still more accommodation to recreational uses at the expense of natural resource protection. And what is Adirondack Wild doing? Speaking up for the Essex Chain Lakes UMP that we took to court earlier. Who would have thought it?

The Essex Chain UMP of 2016 may have led to serious violations of the law in our view, but at least the document was thorough and backed by site specific information and data. This proposed amendment is anything but thorough. It amounts to guesswork. The data and rationale for it are entirely anecdotal, and the DEC admits it.

The proposed 2020 amendment would end the current prohibition of open campfires within 500 feet of the shoreline of the Essex Chain of Lakes, classified Primitive. The DECs amendment justifies the proposed action on three grounds: 1. Local community demand for increased visitor use; 2. it is believed that a portion of the low public use is due to the waterfront campfire prohibition based upon anecdotal negative feedback; 3. the Adirondack region has relatively little observational data regarding the impacts of campfires on natural resources.

As to reason # 1, local community demand for increased visitor use is a perfectly legitimate demand so long as it is not the driving force behind this amendment, which it appears to be.

As to reason # 2, the statement that It is believed that a portion of the low public use is due to the waterfront campfire prohibition is hardly an actionable basis for campfires which have known negative impacts to the natural resources along these shores, as detailed in the 2016 UMP.

Further, I suspect (and DEC ought to suspect) that a more fundamental reason why visitation has been below expectations over the past six years is the long 12-mile, remote drive from State Route 28 N to Deer Pond parking area. Visitor deterrence is largely the result of a long, slow drive on this remote road network.

As to reason # 3, it is contradicted by the UMP itself. The UMP devotes considerable attention on page 3 to the ecological significance of the Essex Chain shoreline, and the impacts that campfires have on natural resources, especially understory trees and course woody debris removal from firewood gathering. In fact, the decision to classify the Essex Chain of Lakes as Primitive was due, in part, to the ecological significance of the lakes and their ecologically rare and valuable, fringing wetlands.

Simplified management?

DEC adds this additional rationale for the amendment, that removing the campfire prohibition around these shorelines will contribute to simplified management and ease in visitor understanding of the area. That makes no sense. The public grasps the reasons described in the UMP why campfires along a sensitive lake shoreline are prohibited to protect the soil and vegetation and water quality. Visitors generally understand that the very act of searching for and obtaining firewood or carrying it into a campsite and burning things like trash in it can cause serious environmental damage to sensitive shorelines. They wish to be partners with DEC in protecting these beautiful, vulnerable lakeshores by using a camp stove.

What Forest Ranger will devote themselves to monitor the dozen or so primitive tent sites for abuses? Who will then clamp down again and prohibit campfires once environmental damage is found? Remediating damage after-the-fact instead of preventing it strikes me as the opposite of simplified management.

Given severe DEC staff shortages, future monitoring and tent site remediation along these shores appears to me overly expensive and unrealistic. The departments fundamental legal responsibility here, as elsewhere, is to proactively protect natural resources. In the 2016 UMP DEC presents documented evidence of the actual damage caused by firewood gathering at primitive tent sites elsewhere in the Adirondack Forest Preserve. That evidence led to the campfire prohibition. That prohibition ought to remain in place.

Another amendment

The second amendment to the Essex Chain UMP involves the former Gooley Farmhouse site north of Indian Lake and is similarly unsupported by factual data. The 2016 UMP called for that structure to be retained for a range of potential uses even though its perpetuation would be a violation of the forever wild provision of our state constitution. Time and neglect caused the structure to fall apart. Now, the amendment calls for its complete removal. In its place DEC is encouraging parking for cars and trucks with space for up to six horse trailers. Horse riding along this Wild Forest corridor is an appropriate and compliant use, but six? That number is unsupported by any analysis of actual or projected use or the ability of that area to withstand such uses. Whatever the precise number it should have a substantive basis. What about other actual or potential uses? UMP amendments are expected by the Master Plan to include the same detail that a full UMP should contain. That absence of carrying capacity information for the Outer Gooley Farmhouse area alone should be sufficient to reject the proposed amendments recommendation and return it to DEC for additional work.

The mid-August comment period for the draft UMP amendment has passed. Readers can still find the amendment on the APA website. See Adirondack Wilds comment letter here letter to DEC and APA. The amendment remains in draft form, so further public comment opportunities are expected to be set by DEC and APA.

Dave Gibson, who writes about issues of wilderness, wild lands, public policy, and more, has been involved in Adirondack conservation for over 30 years as executive director of the Association for the Protection of the Adirondacks, executive director of Protect the Adirondacks and currently as managing partner with Adirondack Wild: Friends of the Forest Preserve

During Dave's tenure at the Association, the organization completed the Center for the Forest Preserve including the Adirondack Research Library at Paul Schaefers home. The library has the finest Adirondack collection outside the Blue Line, specializing in Adirondack conservation and recreation history.

Currently, Dave is managing partner in the nonprofit organization launched in 2010, Adirondack Wild: Friends of the Forest Preserve.

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Ending the Campfire Prohibition on the Chain Lakes Makes No Sense - - Adirondack Almanack