(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.)

Sarah J. Adams-Schoen, University of Oregon

(THE CONVERSATION) President Donald Trump has announced that the U.S. Department of Justice will send a surge of federal law enforcement into American cities run by extreme politicians who are on an anti-police crusade, including Chicago, Kansas City, Albuquerque, Cleveland, Detroit and Milwaukee.

Those cities may soon see legal battles like the ones in Portland, Oregon, where four notable lawsuits challenge the actions of federal agents who, under the auspices of the Department of Homeland Security, were purportedly sent to protect federal property on the July 4th weekend and still remain.

As a state and local government law scholar, I believe a surge of hundreds of federal officers into cities throughout the United States would represent an unprecedented expansion of the role of the federal government into local police matters.

Together, the Portland lawsuits ask the court to delineate, and enforce, constitutional limits on the federal governments ability to override state and local law enforcement and use police tactics that violate protesters constitutional rights.

Extended protests and multiple incidents

Since May 29, Portlanders have marched, sung, chanted and stood together in Portland to demand racial justice and condemn police violence against Black Americans.

Local officials and observers describe a fringe minority of protesters pointing laser pointers at officers, throwing cans, breaking windows and setting dumpsters and bags of garbage on fire, and shooting fireworks at the federal courthouse. One person was arrested for allegedly attacking a federal officer with a hammer.

In response to some of these actions, the Department of Homeland Security has sent paramilitary-style units to Portland. The president has characterized the operation as limited to protection of federal property and personnel and enforcement of federal laws but also as restoring public safety after liberal politicians have put the interests of criminals above the rights of law-abiding citizens.

State and local officials and observers say those federal agents are detaining and arresting innocent protesters. They also say federal officers have fired non-lethal rounds, pepper balls and tear-gas canisters at peaceful protesters, journalists, medics and legal-rights observers.

In a court filing, the city says the presence of heavily armed federal agents is not keeping order, but rather escalating violence, inflaming tensions in our City, and harming Portlanders. The city also says, Serious and credible allegations have been made that the federal government has effectively kidnapped people off Portland streets, among other abuses of power.

Independent monitors sue to protect themselves

The first case, Index Newspapers, Inc. v. City of Portland, began as a lawsuit by six journalists and legal observers seeking to stop Portland police from assaulting news reporters, photojournalists and legal observers documenting the polices violent response to protests. After the arrival of federal agents in Portland, the lawsuit expanded to include the U.S. Department of Homeland Security and the U.S. Marshals Service.

On July 23, U.S. District Court Judge Michael Simon rejected federal claims that the force used on Plaintiffs [was] unintended consequences of crowd control. He issued a temporary restraining order barring federal agents from arresting, threatening to arrest, or using physical force directed against any person whom they know or reasonably should know is a Journalist or Legal Observer.

The judge also barred federal agents from seizing any photographic equipment, audio- or videorecording equipment, or press passes or ordering such person to stop photographing, recording, or observing a protest.

State sues to block baseless arrests

In the second lawsuit, Oregons Attorney General Ellen Rosenblum is suing on behalf of the state of Oregon to stop federal agents from detaining or arresting people without probable cause or a warrant, and to require the federal agents to identify themselves and their reason for an arrest or detention.

The suit says citizens rightly fear being thrown into a van by anonymous agents, which infringes on their First Amendment rights to protest. It also says citizens have Fourth and Fifth Amendment rights not to be snatched off of the streets without probable cause by unidentified officers in unmarked cars.

On Friday, Judge Mosman denied Rosenblums request to immediately bar such behavior by federal agents, saying that Rosenblum had not provided enough evidence to show federal agents were engaging in a pattern of unlawful detentions and finding the state did not have standing to seek the temporary order.

As the parties prepare their next moves in this case, governors throughout the country will likely be watching to see whether Judge Mosman recognizes a states interest in local police matters and its standing to sue federal agencies to protect the constitutional rights of its citizens.

Citizens sue to protect their own rights

The third case focuses on the 10th Amendment, which says that, except specific federal powers spelled out in the Constitution, all other powers are reserved to the states and its citizens.

Those bringing the suit, which include the First Unitarian Church of Portland, say federal law enforcement agencies are infringing on Oregons sovereign powers to police Oregon streets. They say the deployment of federal law enforcement officers in Portland infringes on the power of Oregon citizens to hold state and local police accountable.

The lawsuit also argues that the federal response violates the First Amendment rights of the First Unitarian Church of Portland, whose religious practice includes activism and protest in the face of injustice.

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While the lawsuit acknowledges that the federal government has a right to protect its property and personnel, it claims that defendants have far exceeded these constitutional limitations while policing in Portland.

What happens next in this case depends in part on whether the plaintiffs ask for an immediate order requiring the federal agencies to leave local policing to state and local law enforcement.

Medics sue to stop targeting and attacking

Several street medics who tended to injured protesters sued the Department of Homeland Security, U.S. Marshals Service and the city of Portland, saying that police and federal agents brutally attacked volunteer medics with rubber bullets, tear gas, pepper spray, batons and flash-bangs.

The suit claims the attacks violate the medics First and Fourth Amendment rights and seeks damages for injuries to the medics. On Friday, the medics also asked the court for an order stopping law enforcement from further targeting and attacking medics. The court will likely rule on this request in the coming week.

Federal overreach threatens police accountability

The theme of urban violence used by Trump plays on white fears of Black people and those living in extreme poverty.

Trump uses coded racist language to paint a picture of cities plagued by violent crime, heinous crimes and bloodshed. He claims that local leaders have abdicated their duty to protect citizens, requiring the federal government to step in.

The nation was founded on the principle that freedom is safeguarded by two governments, a federal government with specific, limited powers, and state governments with all other powers.

The Constitution reserves to the states an expansive power to police because that allows for law enforcement policies that reflect local circumstances and customs, and are responsive to the concerns of local citizens which is exactly what Black Lives Matter and other protesters are now demanding in Portland and throughout the country.

This article is republished from The Conversation under a Creative Commons license. Read the original article here: https://theconversation.com/4-lawsuits-that-challenge-trumps-federal-agents-in-portland-test-issues-other-cities-will-likely-face-143331.

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4 lawsuits that challenge Trump's federal agents in Portland test issues other cities will likely face - Huron Daily Tribune

Art Industry News is a daily digest of the most consequential developments coming out of the art world and art market. Heres what you need to know on this Monday, July 27.

Conservative Group Sues Over New Yorks BLM Mural A conservative group, Women for America First, is suing New York mayor Bill de Blasio over the giant Black Lives Matter mural he helped paint in front of Trump Tower. After it was unveiled, the group claims they asked to paint their own mural, which would read Engaging, Inspiring, and Empowering Women to Make a Difference! in a similar size and location. By denying them, they say, the mayor is violating their First Amendment right and pandering to the Black Lives Matter movement to serve his own political ambitions. (Courthouse News)

Tenement Museum Lays Off 76 Employees The Tenement Museum in New Yorks Lower East Side laid off all 71 part-time members of its education staff last weekapproximately 92 percent of the department. Hourly employees from the retail, marketing, and visitor services divisions were also let go. (Last spring, employees in these departments voted to unionize and were in the midst of negotiating their first contract.) Although the museums president, Morris Vogel, took a 99 percent pay cut when the shutdown began, the museum anticipates a 50 percent budget reduction in 2021. (Artforum)

Pace Is the Latest Gallery to Lay Off Staff Pace Gallery laid off a portion of its furloughed employees on Thursday, citing the economic situation caused by the global pandemic. Around 20 staff members were let go, including senior director Simon Preston, the New York dealer who joined Pace last year after shuttering his own gallery. This decision was taken after every other measure to ensure we are prepared for an extended period of financial uncertainty and to protect as many jobs as possible in the long-term, a spokesperson said. Pace is one of a number of top dealers making cuts: earlier this month, David Zwirner Gallery laid off nearly 40 employees, citing a projected 30 percent drop in sales. (ARTnews)

Newly Unearthed Diary Entries Reveal Francis Bacons Private Obsessions Previously unseen diary entries about the early life of British painter Francis Bacon reveal the artists fleeting fixation with Nazi culture. Taken from the journal of his cousin and confidante Diana Watson, the pageswhich have been acquired by Bacons estate and are excerpted in a new book,Inside Francis Bacondetail the artists fascination withHermann Gring and Nazi regalia. Still, the books author Martin Harrison says, he was never really a fascist sympathizer. How could he be, as a gay man? (Guardian)

Ken Griffins $100 Million Basquiat Goes on View in Chicago Jean-Michel Basquiats monumental canvas Boy and Dog in a Johnnypump(1982), which made headlines when Chicago billionaire Kenneth C. Griffin bought it privately for $100 million earlier this year, will go on view at the Art Institute of Chicago when it reopens after a four-month closure on Thursday. Griffin says the work will remain on public display for the foreseeable future. (Chicago Tribune)

Phillips Plans a Lower-Priced Contemporary Sale The second iteration of Phillipss online HEATWAVE sale, which runs through July 30, includes 75 lots priced between just 200 ($257) and 50,000 ($64,284). The lower-priced offering is part of the auction houses efforts to draw in emerging collectors. (Art Market Monitor)

Chilean Artist Lotty Rosenfeld Dies at 77 The artist is best known for installing a simple white line on a Chilean street in 1979an act that served as a revered artistic and political intervention against the countrys oppressive government. She has died at age 77, from lung cancer. (ARTnews)

California African American Museum Hires New Curators Taylor Renee Aldridge, a writer and independent curator formerly based in Detroit, has been named visual arts curator; Susan D. Anderson, the former director of public programs for the California Historical Society, will take on the role of history curator at the LA institution. (Artforum)

Adam Budak Heads to Kestner Gesellschaft The esteemed director of the National Gallery in Prague will head to HannoversKestner Gesellschaft in November. (Monopol)

Man Charged With Smuggling Syrian Mosaic A Southern California man has been charged with illegally transporting what is believed to be looted artwork from Syria. The man falsely claimed that he was importing vases and other Syrian works worth less than $3,000. Instead, authorities found a valuable 3rd or 4th century A.D. mosaic depicting the Greek demigod Heracles.(Courthouse News)

Erdoan Leads First Prayers at Converted Hagia Sophia Some 350,000 people arrived at the Hagia Sophia to join Turkish presidentRecep TayyipErdoan in the first prayers at the historic site since it was converted back into a functioning mosque earlier this month. Christian mosaics were covered with curtains for the duration of the prayers. (Guardian)

The Metropolitan Museum of Art Has a Duck Fam Local fauna are taking up residence in the empty Met, which remains closed to the public until the end of August. A duck has decided that the museums glorious rooftop is a good nesting spot for her and her babies. The museum is now asking the public to help name its fuzzy new friends. We assume Duckminster Fuller is already in the mix. (Instagram)

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Art Industry News: Pace Becomes the Latest Gallery to Lay Off Staff as It Enters an Extended Period of Financial Uncertainty + Other Stories - artnet...

From Ness v. City of Bloomington, decided Thursday by Judge Ann D. Montgomery (D. Minn.):

Bloomington City Ordinance 5.21(24) prohibits any person in a City park from "intentionally tak[ing] a photograph or otherwise record[ing] a child without the consent of the child's parent or guardian."

[Sally] Ness lives in the Smith Park neighborhood in the City of Bloomington, Minnesota. In 2011, the Dar Al-Farooq Center ("DAF") (formerly known as the Islamic Al Farooq Youth and Family Center) applied for and obtained a Conditional Use Permit ("CUP") for a "quasi-public" site in the Smith Park neighborhood.

In 2017, DAF opened Success Academy charter school. The City Council offered the use of Smith Park, located adjacent to the DAF/Success Academy site, for use by Success Academy's students during recess. Ness alleges that DAF and Success Academy use the Smith Park playground six times per weekday and on weekends, and that their usage has rendered the park essentially unavailable for use by the general public, including Ness and her grandchildren.

Ness also alleges that since 2011, DAF and, in more recent years, Success Academy have ignored and violated the CUP and a Joint Use Agreement ("JUA") they obtained from the City. The alleged violations include parking and traffic violations and the excessive use of DAF's facilities and public facilities, including Smith Park. Ness claims the City has ignored its duties and responsibilities to enforce the CUP and JUA.

Ness describes herself as the "point person for delivering neighborhood concerns to City officials." "She also maintains a public blog and Facebook page that documents many developments, observations, and concerns related to the DAF/Success Academy controversy in order to inform the public."

On October 30, 2019, City police detective Kristin Boomer interviewed Ness and her attorney, Larry Frost to investigate a report that Ness and Frost had harassed children in Smith Park on September 23, 2019 by photographing and filming them during a Success Academy recess period. Detective Boomer first interviewed Frost, who stated he accompanied Ness and her grandchildren to Smith Park on September 23 because Ness wanted him to see the "dangerous conditions for preschool children" caused by the older Success Academy children on the playground. Frost stated that Ness was concerned about the safety of her grandchildren at Smith Park but did not want to get in trouble for taking photographs of her grandchildren using the playground equipment, so Frost took photographs for her.

Detective Boomer then interviewed Ness, who stated she used her phone to make audio recordings of Frost speaking to other people at the park. [Ultimately, no charges were brought against Ness under existing Minnesota harassment statutes. -EV]

On October 28, 2019, the City of Bloomington's City Council approved several revisions to City Ordinance 5.21 [which governs behavior in city parks], including the addition of subdivision 24, which states:

" No person shall intentionally take a photograph or otherwise record a child [defined as anyone under 18] without the consent of the child's parent or guardian."

The First Amendment offers some protection for recording and photography. See, e.g., Chestnut v. Wallace (8th Cir. 2020) (collecting cases concluding that the First Amendment protects recording of police); Josephine Havlak Photographer, Inc. v. Village of Twin Oaks (8th Cir. 2017) (applying First Amendment analysis to ordinance regulating commercial activity, including photography, in a public park). However, "[e]ven in a public forum the [State] may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information."

"The constitutionality of [a statute] regulating the exercise of protected speech in a public forum depends in large part on whether it is content based or content neutral." "The commonsense meaning of the phrase 'content based' requires a court to consider whether a regulation of speech 'on its face' draws distinctions based on the message a speaker conveys." Here, the City Ordinance makes no distinction based on who is the photographer or recorder, what use will be made of the photograph or recording, or what message will ultimately be conveyed. Because the limitation on its face does not draw distinctions based on a speaker's message or viewpoint, it is content neutral.

[When it comes to content-neutral restrictions,] "[t]he government may restrict disruptive and unwelcome speech to protect unwilling listeners when there are other important interests at stake. Where there are competing interests and values, courts must find an acceptable balance between the constitutionally protected rights of law-abiding speakers and the interests of unwilling listeners."

Here, the City has an important government interest in protecting children's privacy, protecting children from intimidation or exploitation, and coordinating competing uses of the City parks.

Ness argues that the City Ordinance is underinclusive because if a person takes a step outside a City park and films children from the street, the City Ordinance will not be violated. Ness contends this underinclusiveness undermines the City's claimed interest in protecting children's privacy and preventing them from being exploited or intimidated. However, requiring would-be recorders to collect images from a distance, rather from inside a City park, makes it less likely that a child in the park will feel frightened or that the child's identity will be ascertainable. Thus, the City's important government interest in protecting children is not undermined by allowing a person to record children from just outside a City park's boundaries.

As discussed above, the City Ordinance promotes the important government interest in regulating the competing uses of City parks and protecting children's privacy and sense of safety and freedom from intimidation while playing in a City park. This interest would be achieved less effectively without the City Ordinance. The City Ordinance is narrowly tailored.

The City Ordinance leaves open ample alternative channels to gather information through recording. As noted earlier, the City Ordinance allows a person to record or photograph from just outside the perimeter of a City park, thereby allowing the person to collect the information needed to ultimately convey their message.

Because the City Ordinance is content neutral, is narrowly tailored to serve an important governmental interest, and leaves open ample alternative channels to collect and communicate information, Ness has not plausibly alleged that the City Ordinance is facially invalid under the First Amendment.

Ness has also failed to plausibly allege that the City Ordinance, as applied to her, violates the First Amendment. Ness alleges the City's motivation in approving the City Ordinance was "to silence Plaintiff Ness by prohibiting her from videotaping and photographing the activities of DAF and the Success Academy." Taking this allegation as true, legislative motive is irrelevant if, as here, the ordinance is neutral on its face. "[R]egardless of any evidence of the motivation for passing the [statute], the plain meaning of the text controls, and the specific motivation for passing a law is not relevant, so long as the provision is neutral on its face."

More:

Court Upholds Ban on Intentionally Photographing Under-18-Year-Olds in Park Without Parents' Consent - Reason

Forever a free spirit in a buttoned-down world, Olivia de Havilland battled studios for workers rights, waged a 1st Amendment fight over the use of her image, and ultimately turned her back on the film industry and moved to Paris to live a life of unfettered freedom.

But through it all she remained the essence of Hollywood royalty, a title she gracefully accepted.

The last remaining star from the 1939 epic film Gone With the Wind and a two-time Academy Award winner, De Havilland died Sunday of natural causes at her home in Paris, where she had lived for decades. She was 104.

De Havilland was generally considered the last of the big-name actors from the golden age of Hollywood, an era when the studios hummed with activity and the stars seemed larger than life.

Though she lived in semi-retirement and could be spotted even late in life biking around her adopted hometown, the actress remained firmly in the public eye. In her final years she waged a 1st Amendment fight for privacy over the use of her image in the 2017 docudrama Feud: Bette and Joan.

On the eve of her 101st birthday she sued FX over what she alleged was the unauthorized use of her identity in the miniseries, which chronicled the storied rivalry between actresses Bette Davis and Joan Crawford. Catherine Zeta-Jones portrayed De Havilland in the serial.

I was furious. I certainly expected that I would be consulted about the text. I never imagined that anyone would misrepresent me, she told The Times in 2018, adding that the series characterized her as a vulgar gossip and a hypocrite.

The case was expedited due to De Havillands advanced age. Despite early victories, the U.S. Supreme Court declined to hear the case in early 2019.

Olivia de Havilland, left, in 1968. Catherine Zeta-Jones portrays De Havilland in the series Feud: Bette and Joan.

(Associated Press)

Earlier in her career, movie audiences knew De Havilland best as the demure, pretty heroine opposite the dashing Errol Flynn in Captain Blood and other popular Warner Bros. costume dramas of the 1930s, including The Adventures of Robin Hood and The Charge of the Light Brigade.

But she won her lead-actress Oscars in more substantial, less flattering roles after leaving Warner Bros. in the mid-1940s.

Her first Oscar came for the 1946 film To Each His Own, a World War I-era drama in which she plays an unwed mother who lives to regret giving up her young son.

She won her second for The Heiress, a 1949 drama set in 19th century New York in which she portrays a shy and plain-looking young woman who falls in love with a handsome young man (played by Montgomery Clift) whom her wealthy and overbearing father suspects is a fortune hunter.

De Havilland also received a lead-actress Oscar nomination for her memorable role in The Snake Pit, a 1948 drama that chronicles the mental breakdown and recovery of a young married woman who is placed in a mental institution.

But her most enduring screen role was that of sweet Melanie in Gone With the Wind, the Civil War drama that won hearts and Oscars but ultimately became a symbol of the countrys systemic racism for its romanticized portrayal of the antebellum South and its sanitized treatment of the crushing horrors of slavery.

WarnerMedia pulled the film from its streaming service during the national protests sparked by the May 25 death of George Floyd after a white Minneapolis police officer pinned him to the ground by leaning on his neck for several minutes as other police officers appeared to look on dispassionately.

De Havilland was the last survivor among the films principal actors, who included Clark Gable, Vivien Leigh, Leslie Howard and Hattie McDaniel.

Olivia de Havilland and Clark Gable star in Gone With the Wind.

(Los Angeles Times archives)

Off-screen, De Havilland was known in Hollywood for her milestone legal victory over Warner Bros. in the mid-1940s, a court decision that revolutionized actor-studio contractual relationships and later provided ammunition for her battle with FX.

And industry insiders and fans were well aware of her much-publicized feud with her movie-star sister, Joan Fontaine, an outsized sibling rivalry that began in their childhood.

My sister is one year, three months, three weeks and one day younger than me, De Havilland told the Washington Post in 1979 when she was 62. When one does everything first, it must be very hard on the second. I find it a great pity.

In her autobiography, No Bed of Roses, Fontaine speculated that De Havilland would have preferred to be an only child and always resented having a younger sister.

That Fontaine followed her sister to Hollywood and won the first lead-actress Oscar in the family in 1942 for Suspicion, beating out De Havilland in Hold Back the Dawn didnt help matters.

In a 1978 interview, Fontaine said, I married first, won the Oscar before Olivia did, and if I die first, shell undoubtedly be livid because I beat her to it.

Fontaine died of natural causes in 2013 at the age of 96. De Havilland said the two had mended their differences before her sisters death.

A portrait of actress Olivia de Havilland, left, in 1945. Actress Joan Fontaine, right, in 1941s Suspicion.

(Left: Paramount Pictures. Right: RKO Radio)

The daughter of British parents, De Havilland was born July 1, 1916, in Tokyo, where her father headed a patent law firm. Her mother, who had attended the Royal Academy of Dramatic Arts in London, named her first-born daughter Olivia after the character in Shakespeares Twelfth Night.

In 1919, when De Havilland was not yet 3, her parents marital problems prompted her mother to take her two daughters and move to Northern California, where they settled in Saratoga, near San Jose. De Havillands parents later divorced, and her mother married George M. Fontaine, manager of a local department store.

At Los Gatos Union High School, De Havilland joined the drama club and, despite a tendency to suffer stage fright, appeared in school plays and won trophies on the debating team and in a public speaking contest.

After high school graduation in 1934, she earned a scholarship to attend Mills College in Oakland, but her life took a detour that summer.

An assistant for renowned director Max Reinhardt saw the Saratoga Community Players production of Shakespeares A Midsummer Nights Dream, in which De Havilland played Puck.

Reinhardt was assembling a national touring production of that play to debut at the Hollywood Bowl, and De Havilland was invited to join a group of other students to observe rehearsals in Hollywood.

She wound up as an understudy, and when actress Gloria Stuart had to drop out of the Hollywood Bowl production, which included Mickey Rooney as Puck, De Havilland took over the role of Hermia.

In the audience on opening night was Warner Bros. production executive Hal Wallis, who was so impressed with De Havillands performance that he implored studio boss Jack Warner to see the show.

Warner agreed with Wallis assessment that the 18-year-old would be perfect for the studios upcoming movie version of the Shakespeare fantasy and that she had the makings of a star.

After completing the four-week national tour, De Havilland signed a seven-year contract with Warner Bros.

By the end of 1935, her first year at the studio, she had not only played Hermia, but also played opposite Joe E. Brown in Alibi Ike, appeared with James Cagney in The Irish in Us and costarred with Flynn, another new Warner contract player, in Captain Blood.

Flynn and De Havilland appeared together in seven more films over the next six years, including Dodge City, The Private Lives of Elizabeth and Essex and They Died With Their Boots On.

But the fiercely ambitious De Havilland yearned to play more challenging roles than those being offered to her at Warner Bros.

I believed in following Bette Davis example, De Havilland told The Times in 1988. She didnt care whether she looked good or bad. She just wanted to play complex, interesting, fascinating parts, a variety of human experience.

She found such a role in Gone With the Wind, independent producer David O. Selznicks sweeping adaptation of Margaret Mitchells Pulitzer Prize-winning novel about the Civil War and Reconstruction.

The question of who would play Scarlett OHara had become a national fixation, and one of the actresses who was interested was De Havillands sister, Joan.

In Sisters, Charles Highams dual biography of De Havilland and Fontaine, Gone With the Wind director George Cukor is quoted as saying that Fontaine asked to read for the part of the fiery Scarlett. Cukor told the blond actress that that was out of the question, but he would like her to read for the role of the more sedate Melanie.

If its a Melanie you want, Fontaine reportedly snapped, call Olivia!

Cukor did. And after De Havilland performed a scene at Selznicks home, with Cukor playing opposite her as Scarlett, Selznick looked at De Havilland and declared, Youre Melanie!

Olivia de Havilland holds her two Academy Award statuettes at her home after the Academy Awards ceremony in March 1950.

(Associated Press)

Gone With the Wind was nominated for 13 Academy Awards, including lead actress for Leigh as Scarlett and supporting actress for performances by De Havilland and McDaniel.

Although she was one of the films four lead players, De Havilland once said, In those days, regardless of billing or contract, the producer had the right to decide the category; and Selznick, in order not to split the vote between Vivien and me, put me down as supporting actress.

On Oscar night, Leigh won as lead actress and McDaniel walked away with the supporting actress honor, the first Black American to receive an Academy Award.

Still unhappy with the kinds of roles Warner Bros. was offering her, De Havilland took frequent suspensions for refusing them.

In 1943, her seven-year contract with Warner Bros. had run its course. But because she had been placed on suspension numerous times for refusing roles, the studio maintained that she owed it an additional six months.

De Havilland hired well-known Hollywood attorney Martin Gang, who informed her that state labor laws said that a seven-year contract was for seven calendar years only. She took Warner Bros. to court.

De Havilland won her case in Superior Court, but Jack Warner appealed the decision and enjoined other film companies from hiring her. When the Appellate Court voted unanimously in De Havillands favor, Warner appealed to the state Supreme Court. In February 1945, that court upheld the decision.

Since then, the judgment has been known as the De Havilland Decision. Decades later, De Havillands legal precedent helped musician and Oscar winner Jared Leto persuade the courts to apply the rule to recording contracts as well.

Freed from Warner Bros., De Havilland began freelancing at different studios and had her choice of scripts.

The actress, whose name had been romantically linked with Howard Hughes, James Stewart and John Huston, among others, married writer Marcus Aurelius Goodrich, author of the bestseller Delilah, in 1946. They had a son, Benjamin, and were divorced in 1952.

A year later, De Havilland met Pierre Galante, a writer and executive of Paris Match magazine. She and Galante married in Paris in 1955 and had a daughter, Gisele. They were divorced in 1979.

She appeared on Broadway several times during the 50s and 60s, including a 1951 revival of Romeo and Juliet, a 1952 revival of Candida and A Gift of Time in 1962 with Henry Fonda.

But she appeared in only nine films in the 50s and 60s, including Lady in a Cage in 1964 and Hush ... Hush, Sweet Charlotte opposite her old Warner Bros. colleague Bette Davis the same year.

In her later years, she appeared in movies such as Airport 77 and The Swarm in 1978. She also did occasional work on television, including Roots: The Next Generations in 1979 and, most notably, in 1986 as the Dowager Empress in a four-hour presentation of Anastasia, for which she earned an Emmy nomination for supporting actress. She officially retired in 1988.

Portrait of Olivia de Havilland who starred in, Gone with the Wind,.

(Genaro Molina / Los Angeles Times )

In 2003, De Havilland returned to Los Angeles and was a presenter at the 75th Academy Awards. Five years later, President George W. Bush presented her with the National Medal of Arts and two years after that she was knighted by French President Nicolas Sarkozy. In 2018, she was made a dame of the British Empire, becoming the eldest living person to receive the honor.

De Havilland is survived by her daughter, Gisele. Her son, Benjamin Goodrich, died of complications of Hodgkins disease in 1991.

Times staff writers Nardine Saad and Steve Marble contributed to this report. McLellan is a former Times staff writer.

More here:

Olivia de Havilland dead, starred in 'Gone With the Wind' - Los Angeles Times

Susan B. Anthony and Elizabeth Cady Stanton 1899. Two pioneers in the Equal Rights cause.

This August marks the centennial of the passing of the 19th Amendment to the U.S. Constitution which reads, The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. It was an extremely difficult battle; at the time, married women could not own property and had no legal claim to any money they might earn. No female had the right to vote. Women were expected to focus on housework and motherhood.

Members of the American National Woman Suffrage Association marching from Pennsylvania Terminal to ... [+] their headquarters after welcoming home Mrs. Carrie Chapman Catt, president of the Association on her arrival from Tennessee.

Beginning in the 1820s, even before the Civil War, reform groups began to grow throughout the United States including temperance leagues, the abolitionist movement and religious groups. In 1848, thesuffragemovement began as awomen'srights convention held in Seneca Falls, New York. More than 300 people, mostly women, took part, but a few men attended as well, including activist Frederick Douglas.

It was there thatSusan B. Anthony, Elizabeth Cady Stanton, Lucretia Mott and otherwomen'srights pioneers (known assuffragists)circulated petitions and lobbied Congress to pass a constitutional amendment to enfranchisewomen.

A group of women's rights activists meeting at the Hotel Figueroa, formerly one of the first female ... [+] hostels in America.

This August also marks the 94th anniversary of one of the nations first-ever female hostelries, the Hotel Figueroa in Downtown Los Angeles, an enduring, collaborative safe haven for women. From the battle for womens rights to the current global pandemic,HotelFigueroahas served as a backdrop for some of the most challenging and memorable moments in American history, a representative of both the endurance of women and the City of Angels entrepreneurial, creative, and resilient spirit.

Originally opened in 1926 as an exclusive womens hostel by the YWCA, Hotel Figueroa was, according the Los Angeles Times, the largest project of its kind in the United States to be financed, owned, and operated by women. It was advertised as an ideal stopping place for ladies unattended. The first managing director was Maude N. Bouldin, the first female hotel manager in America who regularly flew planes, rode motorcycles, and openly challenged the gender norms that often kept women from achieving their full potential. Under her leadership, the space served as a meeting place for almost every woman's club in Los Angeles.

Earlier days at the pool of the Hotel Figueroa

The HotelFigueroa continues its rich history deeply rooted in the Los Angeles womens movement. Today, the majority of the boutique hotel's staff is female. Signs of Maude Bouldin and the women of the YWCA can be seen throughout the hotel including a large portrait hanging in the hotels lobby of Maude Bouldin on a motorcycle. The Grande Salle, the hotel's private event room, includes vintage photographs of the women of the YWCA. Over an original fireplace is the famous YMCA triangle relic, indicating female strength and power, a symbol of the YWCA hotel for women.

Exotic Exterior lounge of Hotel Figueroa

This year the iconic Figueroa Hotel is celebrating a year-long Featured Artist Seriespartnershipshowcasing the works of local independent female artists. This fall, Featured Artist, Stephanie DeAngelis will make her debut with an art collection tied tospiritually connecting folks from all walks of life in these times of social isolation.

Hotel Figueroa is open and implementing strict social distancing/safety policies. It is one of the firstClean+SafeCertifiedhotels by theCalifornia Hotel+Lodging Association including rigorouscleaning and sanitization of guest rooms and public spaces, UV sterilizer technology,face masks required indoors, outdoor pool lounge chairs spaced six+feet apart,and fresh towels placed on fully sanitized chairs between uses.

The iconic Hotel Figueroa is an ideal place to celebrate 100 years of the passing of the 19th Amendment, where so many brave women fought for its passage.

The pool at the iconic Hotel Figueroa, where there are now as many men as woman.

Excerpt from:

Celebrating The 19th Amendment And The First Safe Haven Hostel For Women - Forbes

The city of Portland, Ore., is besieged by violent rioters who have committed to destroy everything in their crosshairs, including property of the federal government. Local leaders like Mayor Ted Wheeler and Gov. Kate Brown have been reticent to do anything meaningful to stop the carnage.

It is proper that President Trump deploy federal resources to protect federal property and quell some of the violence in the streets.

The progressive mayor on Wednesday night entered the chaotic epicenter of Portland to engage in listening sessions with the rioters. Instead, the crowds castigated him and presented him with a list of demands that included defunding the police and for Wheeler himself to resign.

The people destroying Portland are not protesters, they are violent anarchists who have been wreaking havoc upon the city every night for over 50 straight days. They attack federal personnel and destroy federal property. They use commercial grade fireworks as weapons and incendiary devices and employ hard projectiles to harm their targets.

It has become routine for these violent rioters to set fire to the federal courthouse and attempt to breach its doors.

A Department of Homeland Security report written Wednesday describes the previous evening: rioters were able to tear down an entire panel of plywood protecting the building and proceeded to use part of the citys abandoned fence from the park to attempt to block federal officers from exiting the building. When officers left the building in response, rioters responded by firing commercial grade fireworks at the officers.

This timeline of events has become the norm.

When officers do eventually leave the federal buildings and make arrests, many in the media make pronouncements of Stormtrooper tactics being employed and other such wild misclassifications.

Sadly, politicians are being equally irresponsible.

House Speaker Nancy Pelosi and Rep. Earl Blumenauer of Portland issued a statement reading, in part, We are again reminded of the immense power of peaceful protest in the fight against racial injustice and police brutality.

The Trump Administration shows its lack of respect for the dignity and First Amendment rights of all Americans, it continued. Now, videos show them (federal officers) kidnapping protestors in unmarked cars in Portland all with the goal of inflaming tensions for their own gain.

The federal law enforcement agents largely are members of units within border patrol who are given jurisdiction within 100 miles of any border or ocean in this case the Pacific Ocean. They all fall under the umbrella of the Department of Homeland Security.

Historically, federal agencies have been employed to carry out laws that the state is unable or unwilling to carry out.

The anarchic destruction of American cities under the watch of timid or complicit elected leaders cannot be allowed to continue. Such a condition tears at the fabric of a community and shatters the rule of law.

Portland requires a federal response if it is to be restored as a civilized city and not a continual cauldron of anarchy.

More:

Federal response needed to handle Portland chaos - Boston Herald

Journal-Courier staff, dbauer@myjournalcourier.com

No shirt, no shoes, no service.

No one would be surprised to see such a sign posted on the door of a business, especially one near a spot where lots of folks might routinely be barefoot and shirtless a beach, for example.

For the most part, people dont flip out over the injustice of it all. They put on a shirt and shoes, or they dont go into the store.

But these days, with the coronavirus pandemic raging across the land, theres a small but wildly vocal contingent who view mandates requiring the wearing of masks as some sort of a government plot, an infringement of their rights as Americans.

Theres a word for this sort of thinking: Hooey.

In America, we cherish our liberties. Always have, and always will. But they arent limitless. Never have been, and never will be.

The First Amendment to our Constitution, among other things, prohibits the federal government from silencing the citizenry. It reads, in part: Congress shall make no law abridging the freedom of speech. The protections, of course, concern the rights of individuals in relation to their government.

You dont have a First Amendment right to stand up on your desk at work and declare loudly that your boss is a complete idiot. You can try it, if you feel so inclined, but dont be surprised when your boss exercises the right as your employer and shows you the door. In the same way, you dont have the right, as a free individual in a free society, to march barefoot into a beachside restaurant and demand service the rules be damned. Most people understand this, of course, but some get short-circuited when it comes to masks.

Thankfully, the nations largest retailers have stepped up their game by requiring that masks be worn in all of their stores without exception. Those who dont like it dont have to shop at Costco or Walmart or Target or CVS Health or Walgreens or Lowes or Home Depot.

With increasing evidence that masks are effective in cutting the transmission of the coronavirus that causes COVID-19, there ought not be any arguments against wearing masks.

Though some havent yet gotten the message, they will next time they head for a store.

The Republican, Massachusetts

Go here to see the original:

Editorial: Retailers doing right thing with mask mandates - Alton Telegraph

AUSTIN, Texas It was not unusual for Garrett Foster to be at a protest against police brutality on a Saturday night. And it was not out of character for him to be armed as he marched.

Mr. Foster was carrying an AK-47 rifle as he joined a Black Lives Matter demonstration blocks from the State Capitol in Austin, Texas. Gun-rights supporters on both the left and the right often carry rifles at protests in Texas, a state whose liberal gun laws allow it.

Mr. Foster, wearing a black bandanna and a baseball cap, bumped into an independent journalist at the march on Saturday, and he spoke matter-of-factly about the weapon that was draped on a strap in front of him.

They dont let us march in the streets anymore, so I got to practice some of our rights, Mr. Foster told the journalist, Hiram Gilberto Garcia, who was broadcasting the interview live on Periscope. If I use it against the cops, Im dead, he conceded.

Later that night, Mr. Foster was fatally shot, but not by the police. The authorities said he was killed by a motorist who had a confrontation with protesters.

The police and witnesses said the man in the car turned it aggressively toward the marchers, and Mr. Foster then approached it. The driver opened fire, shooting Mr. Foster three times. He was rushed to a hospital and was later pronounced dead.

Austins police chief, Brian Manley, told reporters on Sunday that as the motorist turned, a crowd of protesters surrounded the vehicle, and some struck the car. The driver, whose name has not been released, then opened fire from inside the car as Mr. Foster approached. Another person in the crowd pulled out a handgun and shot at the vehicle as it sped away.

Minutes after the shooting, the driver called 911 and said he had been involved in a shooting and had driven away from the scene, Chief Manley said. The caller told dispatchers he had shot someone who had approached the drivers window and pointed a rifle at him.

His account is that Mr. Foster pointed the weapon directly at him and he fired his handgun at Mr. Foster, the chief said of the driver.

Both the driver and the other person who fired a weapon were detained and interviewed by detectives. Both had state-issued handgun licenses and have been released as the investigation continues, Chief Manley said.

The shooting stunned a capital city where demonstrations and marches are a proud and commonplace tradition. A GoFundMe page to help Mr. Fosters relatives with his funeral expenses had already raised nearly $100,000 by Sunday evening.

And while Mayor Steve Adler and other officials expressed their condolences on Sunday, at least one police leader criticized Mr. Foster.

On Twitter, Kenneth Casaday, the president of the Austin police officers union, retweeted a video clip of Mr. Foster explaining to Mr. Garcia, the independent journalist, why he brought his rifle. In the clip, Mr. Foster is heard using curse words to talk about all the people that hate us, but are too afraid to stop and actually do anything about it.

In his tweet, Mr. Casaday wrote: This is the guy that lost his life last night. He was looking for confrontation and he found it.

Mr. Garcia, who has filmed numerous Austin demonstrations in recent weeks, captured the chaotic moments of the shooting live on video. Protesters are seen marching through an intersection when a car blares its horn. Marchers appear to converge around the car as a man calls out, Everybody back up. At that instant, five shots ring out, followed shortly by several more loud bangs that echo through the downtown streets.

Mr. Foster, who had served in the military, was armed, but he was not seeking out trouble at the march, relatives and witnesses told reporters. At the time of the shooting, Mr. Foster was pushing his fiance through the intersection in her wheelchair.

Mr. Foster and his fiance, Whitney Mitchell, had been taking part in protests against police brutality in Austin daily since the killing of George Floyd in Minneapolis. Mr. Foster is white, and Ms. Mitchell, who is a quadruple amputee, is African-American. She was not injured in the shooting.

He was doing it because he feels really strongly about justice and hes very heavily against police brutality, and he wanted to support his fiance, Mr. Fosters mother, Sheila Foster, said in an interview with Good Morning America, adding that she was not surprised he was armed while at the march.

He does have a license to carry, and he wouldve felt the need to protect himself, Ms. Foster said.

In Texas, it is lawful to carry rifles, shotguns and other so-called long guns on the street without a permit, as long as the weapons are not brandished in a threatening manner; state-issued licenses are required only to carry handguns.

The presence of Mr. Fosters weapon could play a key role in the case if the driver claims that he shot Mr. Foster out of fear for his life, a defense allowed under the so-called stand your ground law in the state.

The shooting reignited a long-running debate in Texas about the open carry movement, in which many men and women carry their rifles and other weapons in public places.

Gun-control supporters say the movement that encourages such displays seeks to intimidate the police and the public, while gun-rights activists defend it as a celebration of their Second Amendment rights.

In a 2016 attack on police officers at a downtown Dallas demonstration, several marchers carried AR-15s and other military-style rifles, and local officials said their presence created confusion for police officers. A single gunman, Micah Johnson, a former Army reservist, killed five officers.

There are multiple layers to this tragedy, but adding guns to any emotional and potentially volatile situation can, and too often does, lead to deadly violence, Ed Scruggs, the board president of Texas Gun Sense, a gun legislation reform group, said in a statement about the Austin shooting.

C.J. Grisham, founder and president of the gun-rights organization Open Carry Texas, defended the practice of bringing rifles to rallies and marches, particularly after numerous attacks around the country in which motorists have driven their cars into demonstrations and injured or killed protesters.

Protesters are under attack from a wide variety of people, Mr. Grisham said. Its unfortunate these days that if youre going to exercise your First Amendment rights, you probably need to be exercising your Second Amendment rights as well.

The shooting occurred shortly before 10 p.m. James Sasinowski, 24, a witness, said it seemed the driver was trying to turn a corner and did not want to wait for marchers to pass.

The driver intentionally and aggressively accelerated into a crowd of people, Mr. Sasinowski said. We were not aggravating him at all. He incited the violence.

Michael Capochiano, another witness, had a slightly different account of what happened. He said he was marching with other demonstrators when he saw a motorist honk his horn and turn toward the crowd, forcing people to scatter.

You could hear the wheels squealing from hitting the accelerator so fast, said Mr. Capochiano, 53, a restaurant accountant. Im a little surprised that nobody got hit.

The car came to a stop after turning from Fourth Street onto Congress Avenue and appeared to strike a traffic pylon. As people shouted angrily at the driver, Mr. Foster walked toward the car, with the muzzle of his rifle pointed downward, he said.

He was not aiming the gun or doing anything aggressive with the gun, Mr. Capochiano said. Im not sure if there was much of an exchange of words. It wasnt like there was any sort of verbal altercations. He wasnt charging at the car.

David Montgomery reported from Austin and Manny Fernandez from Houston. Bryan Pietsch contributed reporting from Andover, Minn.

See the article here:

Garrett Foster Brought His Gun to Austin Protests. Then He Was Shot Dead. - The New York Times

There really wasnt any doubt about the right decision for me to take, de Havilland would recall. One of the nice things I thought was, If I do win, other actors, feeling frustration such as I feel, will not have to endure that. Theyll take the suspension, without pay, of course, but knowing they will not have to serve that time again. In fact, prominent stars like Jimmy Stewart and Clark Gable, whose contracts had been extended because of service in World War II, promptly took advantage of the de Havilland rule, as it came to be known, to forge lucrative freelance careers. In the decades since, entertainers as diverse as Johnny Carson, Courtney Love, Melissa Manchester, and Jared Leto have also invoked the ruling, in contexts from television-talk-show obligations to multimillion-dollar recording contracts.

As for de Havilland, after two years without work, she struck out for Paramount Pictures and 20th Century Fox and soon enough won her two Oscars, for To Each His Own (1946) and The Heiress (1949), while also making a harrowing impression as the victim of a nervous breakdown confined to an asylum in The Snake Pit (1948). But as the 1950s dawned, de Havilland never quite regained her former stardom, and in 1952, she forsook Hollywood for Paris and a marriage to Pierre Galante, the editor of Paris Match magazine. She continued to make occasional appearances in both film and television until 1988, when she played her last role, in The Woman He Loved, a TV movie about the abdication of King Edward VIII.

In later years, de Havilland recounted her adventures with the same kind of sly wit that had impelled her to tell Hal Kern, Gone With the Winds film editor, that she could do a better job of retching in the climactic first-act finale than Vivien Leigh, who played Scarlett OHara and didnt think vomiting was ladylike. (Kern agreed, and its de Havillands desperate sounds that appear on the finished soundtrack). A postWorld War II teatime encounter in her home with a smitten Kennedy, just back from naval service in the Pacific, came to an amusing end. He was quite silent, she would say in a British newspaper interview many years later. His friend did most of the talking. He just sat there, those great big eyes staring. Then when it was time for them to leave, we walked into the hallway and he very decisively opened the doorand it was the closet, and all my old boxes of summer hats and tennis rackets fell on his head. Later, she declined a dinner invitation from Kennedy, claiming she had to study her lines, and when Kennedy spotted her dining that night at Romanoffs with the much older author Ludwig Bemelmans, he was dumbfounded. Do you think it was me walking into the closet? he asked a friend. Do you think thats what really did it?

Near the end of her life, beginning in 2017, de Havilland waged one last legal battle, this time a losing one, as she sued FX and the producer Ryan Murphy over her portrayal by Catherine Zeta-Jones in Feud: Bette and Joan, a miniseries about the rivalry between Bette Davis and Joan Crawford, in which the de Havilland character is seen reminiscing about Davis. De Havilland claimed the portrayal was an unauthorized use of her name and likeness. But a California appeals court dismissed the case on First Amendment grounds and the California and United States Supreme Courts declined to review the decision.

To the end, de Havilland remained wryly proud of her role as a champion of working actors. I suppose youd like to know how actresses of my day differ from actresses of today, she said to the American Academy of Achievement interviewer in 2006. Well, she went on, cocking an eyebrow as the hint of a smile crept into her twinkling eyes, the actresses of today are richer.

Thanks in no small part to Olivia de Havilland, they are.

We want to hear what you think about this article. Submit a letter to the editor or write to letters@theatlantic.com.

Here is the original post:

The Unprecedented Bravery of Olivia de Havilland - The Atlantic

RICHMOND, Va. -- The chief of police believes members of Antifa and the Boogaloo boys were part of the hundreds of people who marched to Richmond Police Headquarters Saturday night during a demonstration in support of protesters in Portland, Oregon. That group continued marching leaving a path of destruction that included windows shattered at restaurants, businesses and a Virginia Commonwealth University dorm.

"We have identified some individuals who have been seen with the Boogaloo boys and some Antifa groups around the area," Richmond Police Chief Gerald Smith said during a news conference Sunday afternoon. "The majority of those individuals who were there last night were Caucasian."

Smith also said that he believed some in the crowd were Antifa-influenced.

"And some of the individuals that we encountered were from outside of Richmond, Virginia, and some of the surrounding area," Smith noted.

Smith said an online flyer for the Richmond Stands with Portland demonstration, which had been circulating for days and called for violence, did not originate in Richmond."

"We know that the origin of the flyer came from outside of Richmond," Smith said. "There are some people who are still inside some of these organizations that will still give us information. And that's how we know it came from outside of Richmond.

Officials said the six men arrested Saturday night were not charged in the vandalism and destruction in several Richmond neighborhoods. (Two of those suspects were charged with felonies: assault on a law enforcement officer; possession of a firearm while rioting.)

PHOTOS: Rioters leave path of destruction across Richmond

When asked when those responsible for the destruction would be held responsible, Smith said police are "utilizing a lot of video to identify people."

Smith had this message to the owners of businesses, like Graduate Richmond, the Village Cafe, Chipotle, Noodles & Company, Panda Express, Rick's Pizza and SWEAT in the Fan, were damaged.

"We still stand with them and we hope that they continue to stand with us," Smith said. "And know that we are not necessarily laying down on this -- we're not. What we are doing is doing vigorous investigations to identify these individuals to hold them accountable for everything that they did."

The chief and the mayor later thanked the 200 Virginia State troopers who helped with the demonstration as well as the Richmond police officers who worked during their vacation or days off.

Mayor: White supremacists marched under Black Lives Matter banner

Mayor Levar Stoney opened his remarks by thanking peaceful protesters with organizations like Black Lives Matter after what he called "24 consecutive days of peaceful protests." He also thanked the police and fire departments for their response Saturday night.

"You know, here in Richmond our standard for protest is that all groups walk away safe," Stoney said. "But protesters having expressed their discontent, and the officers having supported that peaceful expression of their First Amendment rights. That's not what happened last night."

Stoney said the violence "hurt many people in the Richmond community, both through the threatening of lives and the destruction of property. And simply put, that is unacceptable in the City of Richmond. Unacceptable."

Projectiles like rocks and batteries were thrown at police officers, Stoney said. and bricks were lobbed at firefighters trying to douse a city dump truck that was set ablaze by someone in the crowd.

"That could have led to a very, very deadly event," Stoney said.

The mayor blamed white supremacists "marching under the banner of Black Lives Matter" for corrupting the peaceful social justice movement.

"We've spoken on many occasions about those who've chosen a more violent route to express their discontent, and what that does for the overall movement towards social justice," Stoney said. "Last night that reared its ugly head right here in the City of Richmond... We saw some violent actions, violent protests, spearheaded by white supremacists. And frankly, it was disgusting. Disgusting. As they held plywood shields that read, BLM, these folks toured areas of damage downtown, The Fan, breaking windows, tagging private property with hateful language."

Stoney said Saturday's riot aimed to undermine the month of peaceful, community-driven protest in Richmond.

"As I began with, I want to send a thanks to the BLM protesters on the ground who decried the white supremacists once they were identified. I'm thankful to you for drawing the line and sticking up not just for the sanctity of your movement, but also the safety of your fellow Richmonders that you marched alongside as well," Stoney said. "I'm thankful to the officers who were on duty last night for contending with the change in expectations for them. Change is always hard, but now it is the time for that change -- and if you're on our team, you know that."

The mayor said vigils and basketball games are "far more common than the mess we saw last night."

Police want videos

The police chief urged anyone with video of the riot, including the media, to turn send it to Crime Stoppers to help investigators.

"And we will be more than happy to review that footage to help us identify who these rioters were," Smith said. "You capture things that we may not have seen or individuals we may not have seen."

Anyone with information is asked to call Crime Stoppers at 804-780-1000 or at http://www.7801000.com. The P3 Tips Crime Stoppers app for smartphones may also be used. All Crime Stoppers methods are anonymous.

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Read more from the original source:

Police chief believes Antifa, Boogaloo boys were at Richmond riot - wtvr.com