Daily Archives: September 24, 2021

The Law Is Applied the Same to All Citizens: Republican N.C. Appeals Court Judges Use Concurring Opinions to Slam Defendants Racial Bias Claims – Law…

Posted: September 24, 2021 at 11:45 am

Judges Jefferson Griffin and Jeffery Carpenter appear in official state portraits.

Two North Carolina Court of Appeals judges both of whom are white and both of whom are Republicans on Tuesday slammed a Black defendants use of a speech by the states former chief justice in an attempt to reverse a cocaine conviction after a legally deficient police search and a subsequent guilty plea. The appeals court judges handed the defendant a win on legal grounds alone and not because he raised issues concerning alleged disparate treatment against Black people by the states courts. They also used two sharply worded concurrences to chastise the states former chief justice, who is Black, for addressing racial issues in the courts during a speech last summer.

The Case

Kevin Lee Johnson pleaded guilty to Felony Possession of Cocaine and to having attained Habitual-Felon Status, the opinion states. The opinion explains that Chris Stone, a lieutenant with the Iredell County Sheriffs Office, stopped defendant Johnson after the defendant drove away from a convenience store parking lot without fastening his seat belt. When Stone stopped Johnson, the lieutenant said he would let the defendant off the hook with a warning assuming nothing else was wrong. According to Stone, he asked Johnson to exit his vehicle and asked Johnson whether he consented to a search. (Johnson says Stone only asked to pat him down for weapons.) Johnson raise[d] his hands above his waist. Stone found a plastic wrapper with some type of soft material inside, which [Lieutenant Stone] believed was possibly powder cocaine, the opinion states. Stone told Johnson to call a narcotics supervisor about the possibility of becoming a snitch and avoiding charges. Johnson did not place the call. A grand jury subsequently indicted Johnson.

Johnson moved to suppress the discovery of the cocaine in his pocket. He alleged that Stone did not have reasonable suspicion to stop Defendant for the seatbelt infraction. Additionally, even if the stop was lawful, Lieutenant Stones going through the Defendants pockets for a violation of a seatbelt was excessive, unconstitutional, and unlawful (internal quotations omitted). More precisely, Johnson said he consented only to be patted down for weapons and not for a search of his pockets.

The trial court denied Johnsons motion to suppress, and Johnson subsequently pleaded guilty. He then appealed on two issues: (1) whether he preserved his argument his consent was involuntary on the basis Lieutenant Stone strayed from the traffic stops mission and measurably prolonged the stop, and (2) if so, whether the trial court erred by refusing to suppress the cocaine as a matter of law because the Defendants consent for the search was involuntary as a matter of law.

The appeals court spent several pages hashing whether the defendant properly preserved and raised his appeals; ultimately, the court skirted the issue by raising a procedural rule which allowed it to examine the merits of the case even if they werent properly preserved.

The court cut to the merits after spending several more pages recapping North Carolina law (citations omitted):

Here, Lieutenant Stone did not articulate any reasonable suspicion of other criminal activity to support his asking for Defendants consent to search. In fact, Lieutenant Stone stated he routinely asked for consent to a full search during traffic stops and taught other law enforcement officers to do the same. Thus, the pertinent inquiry is whether Lieutenant Stones asking Defendant for consent to search and the subsequent search measurably extended the stops duration rendering any consent Defendant gave involuntary as a matter of law. This inquiry, in turn, depends on whether the search deviated from the traffic stops mission. Certainly, a full search of Defendants person for any illegal contraband was not related to the traffic stop based on a seatbelt infraction. However, officer safety is a part of every traffic stops mission.

An officer is permitted to detain and individual when the officer has a reasonable suspicion criminal activity is afoot and may conduct an external frisk of the detained person if the officer has reason to believe the detainee is armed and potentially dangerous. Thus, it may have been reasonable for Lieutenant Stone to conduct an external frisk of Defendant for officer safety as a part of the traffic stops mission. Moreover, this traffic stops mission could have included a check for outstanding warrants and of Defendants license and registration. However, the length and scope of a full search, before any of those permissible checks were completed, measurably and impermissibly extended the traffic stop in this case.

The search lasted approximately twenty-six seconds . . . from the time Defendant appears to raise his arms and complies with the search and when Lieutenant Stone finished reaching into all Defendants pockets, the opinion continues. Moreover, the video reflects Lieutenant Stone never conducted an external frisk and possibly missed locations where Defendant could have concealed weapons instead focusing on the content of Defendants pockets.

Writing for the unanimous panel, Judge Toby Hampson said a pat-down for officer safety should have lasted just a few seconds, not nearly 30 seconds. He rationed that Stone neither identified nor articulated the reasonable suspicion necessary to request the search of the defendant in the first place.

North Carolina Court of Appeals Judge Toby Hampson appears in an official portrait.

The court spent several more pages unpacking specific North Carolina cases while rubbishing the states attempt to argue that interaction between Stone and the defendant added up to a constitutionally permissible consent search. In conclusion:

Here, the request to search and the full search of Defendant in this case was not related to the mission of the stop and wholly unsupported by any reasonable, articulable suspicion of other criminal activity afoot beyond the seatbelt infraction for which Lieutenant Stone initially stopped Defendant. Thus, because Lieutenant Stones request for consent and his subsequent search of Defendant measurably prolonged the traffic stop for reasons unrelated to the stops mission without reasonable suspicion, any consent Defendant gave for this full search was involuntary as a matter of law. Therefore, the trial court erred in denying Defendants Motion to Suppress the cocaine found as a result of this unreasonable search. Consequently, we reverse the trial courts denial of Defendants Motion to Suppress. Moreover, we vacate the Judgment entered against Defendant based on his guilty pleasentered subject to this appealto the charges of Felony Possession of Cocaine and the concomitant charge of attaining Habitual-Felon Status. We remand this matter to the trial court for further proceedings, including a determination of whether there is evidence to support the charges against Defendant or if these matters should be dismissed.

Concurring Opinions

Judges Jeffery Carpenter and Jefferson G. Griffin issued separate concurring opinions. Carpenter said there was no indication in the record in this case that racially disparate treatment was at issue and that he believed such arguments were wholly unnecessary:

Choosing to inject arguments of disparate treatment due to race into matters before the Court where such treatment is not at issue and does not further the goal of the equal application of the law to everyone. Rather, such a discussion functions to overshadow the other important constitutional issues of this case, and is not helpful to maintaining public confidence in the judiciary or the practice of law generally.

Griffin added separately the following more pointed analysis:

I write separately to indicate exactly where Lieutenant Stone violated the Fourth Amendment to the U.S. Constitution. The Defendants brief also raises a question of impartiality in traffic stops, and our justice system generally, based on the color of a persons skin and their gender. This appeal to an emotion, and to nothing before us in the Record, must be addressed, as the law applies equally to everyone. This case presents a very specific set of facts to guide our analysis. The stop of Defendants vehicle was supported by reasonable suspicion. [R]easonable suspicion is the necessary standard for traffic stops[.] State v. Styles, 362 N.C. 412, 415, 665 S.E.2d 438, 440 (2008) (citation omitted). Lieutenant Stone plainly articulated that he observed Defendant driving the vehicle without wearing a seatbelt. Defendant does not challenge on appeal the validity of the initial traffic stop.

After articulating that Lt. Stone did lawfully ask Defendant to get out of the vehicle for safety reasons and why the law allowed him to do so for officer safety purposes, Griffin continued:

The issue in this case arises when Lieutenant Stone asks to search Defendant with no additional reasonable suspicion of other criminal activity. The only violation evident from the Record is the seatbelt violation. Here, Lieutenant Stones testimony was clear that his intent was to search Defendant. The evidence in the Record supports this. The video of the interaction between Lieutenant Stone and Defendant cuts against an assertion that the search was for officer safety. Further, the trial court made no findings regarding officer safety concerns. The search was administered only in the pockets of Defendant. There was no pat down frisk. Lieutenant Stone reached directly into Defendants pockets and did not search other areas of Defendants person where weapons could be hidden. The evidence here does not indicate that the search was motivated by a concern for officer safety. Lieutenant Stone even stated that he asked to search every single person that I stop and that for years he had been training new deputies to ask to search people that they stop. An officer can certainly ask for consent to search an individual after a lawful detention. However, under this specific set of facts, this search prolonged the mission of the stop in violation of the Fourth Amendment. (Citations omitted.) Lieutenant Stone articulated no additional reasonable suspicion of criminal activity for asking to search Defendant, thereby illegally delaying the stop.

Judge Griffin disagreed with the suggestion by Lt. Stone that the defendant had consented to a search.

If Lieutenant Stone had reasonable articulable suspicion of other criminal activity or had received valid consent for an additional search, the additional search would not have violated the Fourth Amendment by extending the encounter, Griffin wrote.

Despite granting a win to the defendant, he also slammed the tactics used during the appeal.

Defendants brief implies that U.S. citizens are treated differently under our laws based on the color of their skin. I reject this argument, Griffin wrote. The law is color blind and applies equally to every citizen in the United States of America. This argument in Defendants brief is inflammatory and unnecessary.

Griffin then recounted that Johnsons brief quoted former North Carolina Supreme Court Chief Justice Cheri Beasley. During a June 2, 2020 speech, Beasley, who is Black, issued statements that Griffin interpreted as having suggested that our justice system does not treat people equally in the courtroom based on the color of their skin. From Beasleys speech:

As the mother of twin sons who are young black men, I know that the calls for change absolutely must be heeded. And while we rely on our political leaders to institute those necessary changes, we must also acknowledge the distinct role that our courts play. As Chief Justice, it is my responsibility to take ownership of the way our courts administer justice, and acknowledge that we must do better, we must be better.

[ . . . ]

In our courts, African-Americans are more harshly treated, more severely punished and more likely to be presumed guilty. There are many ways to create change in the world, but one thing is apparent: the young people who are protesting everyday have made clear that they do not intend to live in a world in which they are denied justice and equality like the generations before them.

We must develop a plan for accountability in our courts. Judges work hard and are committed to serving the public. But even the best judges must be trained to recognize our own biases. We have to be experts not just in the law, but in equity, equity that recognizes the difficult truths about our shared past. We must openly acknowledge the disparities that exist and are too often perpetuated by our justice system.

The full text of the speech is available online.

Griffin said the former chief justices words were illustrative of a problem with the judiciary:

This statement from the former Chief Justice has motivated Defendant in this case to assert that [o]ur Constitution gives this Court the legal authority to carry out our Chief Justices pledge. Defendants statement highlights the problem with the judiciary becoming involved in public policy. The speech by the former Chief Justice states our justice system does not treat people equally based on the color of their skin. It also encourages and charges the courts to become an active body by involving our judicial branch in policy decisions. The judiciary should at all times practice judicial restraint. Here, this Court reaches the correct legal outcome regardless of the color of Defendant.

We are fortunate to live in the United States of America where the law is applied the same to all citizens.

North Carolina Court of Appeals judges are currently elected in partisan elections. Carpenter and Griffin are Republicans; Hampson is a Democrat. Carpenter told Ballotpedia in 2020 that he is a former state trooper.

Read the full published opinion below:

[images via portraits maintained by the N.C. Court of Appeals]

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Stafford County supervisors pass resolution condemning critical race theory and required pronouns in schools – Metro Weekly

Posted: at 11:45 am

School classroom Photo: MChe Lee, via Unsplash.

The Stafford County Board of Supervisors passed a resolution on Tuesday condemning the inclusion of so-called critical race theory in classroom instruction and discouraging teachers from requiring students to select their preferred pronouns.

The board, with one member absent, voted unanimously to pass the resolution, which enables supervisors to withhold any county funding from schools found to be in violation of the countys resolution.

For instance, the board of supervisors could choose to withhold money in cases where a teacher proactively asks students about their gender pronouns, even if that teachers intent was to make transgender or nonbinary students feel comfortable.

Similarly, the board could deny funding in cases where teachers seek to incorporate critical race theory or ideas inspired by the 1619 Project, a long-form journalism project that seeks to reframe the countrys history by placing the consequences of slavery and the contributions of Black Americans at the very center of the United States national narrative, into the curriculum.

Supervisor Gary Snellings (R-Hartwood District), the sponsor of the resolution, says that it does not mean that all funding will be stripped from schools, but rather that the board of supervisors could intercede and override the school board by denying funding for specific projects at schools found to be in violation, according to D.C.-area affiliate Fox 5.

If the school boardwants to do what Fairfax County did and bring in a guy that is quote an expert in CRTand pay him $20,000, if our school board decides to do thatthis resolution will give us the authority to deduct that 20,000 dollars at the next budget time, Snellings said. It does not give us the authority to reduce school funding.

According to Fox 5, Snellings said he introduced the resolution based on a call from a constituent who was upset that her son, who had just entered high school, was reportedly asked by a female teacher what his preferred pronouns were.

He didnt know what she was talking about, Snellings told board members. He felt bullied.

Some opponents of the resolution questioned why it lumped together two unrelated issues. However, the two issues, and the broader topics of race relations and transgender rights that they touch upon, are often opposed by people who are politically conservative, and have become wedge-issues pounced upon by Republicans and conservatives during an election year when the GOP is seeking to drive up turnout in order to take back the governors mansion, the attorney generals office, and control of the General Assembly.

The fact that youve included pronouns in critical race theory revision is ridiculous to say the least, one resident who spoke at the meeting said. Asking for somebodys pronouns isnt just common courtesy to anybody, its also making sure that people feel safe.

See also:Virginia school district ordered to reinstate teacher who refuses to use trans students correct pronouns

Regarding pronoun usage, Snellings says his resolution is about ensuring that students arent required to give teachers their pronouns, not about prohibiting transgender students from requesting that teachers use their preferred pronouns.

State law says that you cannot ask a student their pronoun, you cannot require them to give it, he said of teachers responsibilities. It says if the student or the students parent goes to the teacher, and asks that a preferred pronoun be applied to them or their child, a teacher must do that.

Regarding critical race theory, supervisors sought to respond to concerns that the collegiate-level theory which examines the intersection of race and various social, justice, and cultural issues was being pushed on children, with some speakers claiming it stokes racial animus towards whites by labeling them oppressors, portrays people of color as victims, and will only divide people among racial and ideological lines.

Stafford County Public Schools Superintendent has previously testified before the board of supervisors that critical race theory is not being taught in schools, noting that residents can visitthe History and Social Science page of the school systems website to find out whats being taught.

Stafford County Public Schools does not teach, nor do we promote, the philosophy of Critical Race Theory in any of our schools, the school system said in a statement. The Stafford County Public Schools K12 History and Social Science Program is based on the Virginia Standards of Learning and the accompanying History and Social Science Curriculum Framework.

But some people, including opponents of the resolution and Supervisor Tom Coen (I-George Washington District), who voted for the resolution, said that critical race theory at least as the terms is used by political pundits and activists is a catch-all term that doesnt accurately reflect what the theory entails. He also said hes seen no indication that the theory is actually being taught in the classroom.

Yes, CRT is a very complex issue. It is dealt with on the college, university and law school level. It is also very divisive, Coen, a high school teacher by occupation, said. The higher levels havent figured out how they want to cover that, so its hard to think that a third-grade teacher, schoolteacher or a high school teacher can do that, if the colleges havent figured it out.

But Coen also appeared to imply, in an interview withD.C.-area news radio station WTOP, that some people may be unintentionally conflating or perhaps even deliberately misrepresenting valid historical topics that happen to touch on race with CRT.

Now lets be clear, Coen said. There are certain things under the CRT umbrella that are taught, as part of curriculums in social studies classes, and government classes, and they are legitimate topics to be covered: Jim Crow laws, the Voting Act, Fourth Amendment and the policy created by Mayor Bloomberg on stop and frisk. Those things can be covered, and the teacher is not talking about CRT.

See also:

LGBTQ youths are less likely to play sports due to fear of bullying or harassment, says survey

Catholic school reinstates lesbian lacrosse coach who had her job offer yanked for being married to a woman

Gay Chicago firefighter alleges supervisor used anti-gay slurs, undressed in front of him, and propositioned him for sex

Continued here:
Stafford County supervisors pass resolution condemning critical race theory and required pronouns in schools - Metro Weekly

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Stafford Co. board could withhold funding over pronouns, teachings on race – WTOP

Posted: at 11:45 am

Stafford County's Board of Supervisors has voted to give itself the latitude to withhold school funding on two controversial topics.

Stafford Countys Board of Supervisors has voted to withhold funding for school programs that would teach so-called critical race theory, as well as those that require a student to state their chosen pronouns.

The proposal, authored by Republican Supervisor Gary Snellings, gives the board the latitude to control funding of particular school programs, amid widespread controversy and social media-fueled misinformation about what students are being taught about systemic racism.

Snellings told the board he had fielded countless constituent questions about whether county schools were teaching critical race theory. In addition, Snellings was asked what the countys preferred-pronoun policy was.

Nearby Loudoun County has been a center of discussion since May, when physical education teacher Tanner Cross told the school board the use of preferred gender pronouns for transgender students would be against his religion. Cross was suspended, then reinstated, after decisions by a circuit court judge and the Virginia Supreme Court.

Related: What is critical race theory?

Snellings said his proposal was based on a call from a constituent.

I had one lady call me up, so upset because her son, who had just entered high school, was asked, Whats your pronoun? He didnt know what she was talking about. He felt bullied, Snellings told the board members.

While opposing the mandatory nature declaration of a pronoun, Snellings suggested teachers were obliged to follow a students or parents request.

If the student or the students parent goes to the teacher, and asks that a preferred pronoun be applied to them, or their child, fine. No problem. No problem at all. What this is, it cant be required, Snellings said.

Snellings, and other present board members, stated by controlling the funding of the school board, they wanted to make sure in-school programs and policies were in-line with community desires.

Although the two issues teaching critical race theory and the usage of preferred pronouns are separate, opponents are often politically conservative, while proponents are often politically progressive. The proposal controlling the countys purse strings lumps both issues into the same proposal.

On the topic of critical race theory, or CRT, several board members said the contentious, often angry descriptions of what is being taught in local classrooms is inaccurate.

Yes, CRT is a very complex issue. It is dealt with on the college, university and law school level. It is also very divisive, said Supervisor Tom Coen, the only Independent on the panel.

While the phrase CRT is often bandied about, it has become a lightning rod after the publication of the 1619 Project a long-form journalism project by the New York Times which aims to reframe the countrys history by placing the consequences of slavery and the contributions of Black Americans at the very center of the United States national narrative.

Coen said CRT and the 1619 Project are complicated, higher-learning theories not facts and he has seen no indication they are being taught in local schools.

The higher levels havent figured out how they want to cover that, so its hard to think that a third-grade teacher, schoolteacher or a high school teacher can do that, if the colleges havent figured it out, Coen said.

Stafford County Public Schools has said the system does not promote the philosophy of critical race theory in its schools, and says K-12 history and social science subjects are based on the Virginia Standards of Learning.

School Superintendent Stanley Jones had previously testified to the supervisors that critical race theory is not in the K-12 curriculum, and that residents could go to the History and Social Science page of the school systems website to find out whats being taught.

He added that everyone across the country is struggling to find teachers, and what is being done in Stafford County is going to make a difference when it comes to retention, according to the boards minutes.

Now, lets be clear, Coen told WTOP. There are certain things under the CRT umbrella that are taught, as part of curriculums in social studies classes, and government classes, and they are legitimate topics to be covered: Jim Crow laws, the Voting Act, Fourth Amendment and the policy created by Mayor Bloomberg on stop and frisk. Those things can be covered, and the teacher is not talking about CRT.

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Massachusetts Supreme Court Being Asked To Decide Whether Cops Can Engage In Warrantless Surveillance Of Social Media Users – Techdirt

Posted: at 11:45 am

from the cops:-we-of-course-we-can-because-no-one-has-told-us-we-can't dept

The top court in Massachusetts is asking itself (and legal counsel representing both sides) questions that -- on the surface level -- don't really appear to be that difficult to answer. Here's how Thomas Harrison sums it up for Courthouse News:

The Massachusetts Supreme Judicial Court struggled Wednesday to figure out whether police can use trickery to conduct unlimited surveillance of social media accounts even if they have no reason to think that anyone did anything wrong.

I mean, phrased that way, it seems like this should be a "no." Should the government be able to surveill people suspected of nothing? What else could the answer be in this particular nation with this particular Constitution? And yet, the discussion continues because it's not quite as simple as that.

The government, however, sees this supposedly easy question and says "Yes." The government seems to think it's just that simple, even when it's pointed out that it's not quite that simple.

The breadth of this is what is worrisome, Justice Scott Kafker complained to Boston-area prosecutor Ian MacLean. I get that cops are doing this to detect kiddie porn, but youre saying they can just go out on social media exploring. You may be right, but its concerning that they can just go through peoples social media and go hunting. Youre saying they can do that, right?

Yes, said MacLean, an assistant district attorney for Suffolk County. In the same way cops can approach random people on a street corner.

Yes. Cops can approach random people. A cop can walk up to anyone and start asking questions. No one's obliged to stick around but it's true cops can just hassle people without violating the Constitution. If they want to really dig into their doings, they need more. And comparing approaching random people to peering through their online lives is an analogy that only works if you also believe cops can rifle through whatever mail that random person might be carrying or page through their address book to see who they know and spend time with. And yes, those comparisons are as outdated as this simplistic attempt to turn long-term eavesdropping on social media into something as harmless as idle queries from cops who apparently have nothing better to do.

Here's what was actually happening, as described in an amicus brief [PDF] filed by the Massachusetts Association of Criminal Defense Lawyers.

The Boston Police Department has created and used an unknown number of accounts on Snapchat, a social media platform, to lure users into accepting their friend requests, so that the police can electronically surveil and record private communications sent by those users to their Snapchat friends. The police have done so with no judicial oversight; no probable (or frankly any) cause; and no constraints on what they will surveil or record, or how long their surveillance will last.

So, this isn't like approaching random people. This is more like an undercover cop hanging out at a house party. Subterfuge is involved, which is generally something necessary in criminal investigations with targeted suspects. And cops apparently believe subterfuge is acceptable, even when doing nothing more than trawling social media services looking for a bite. Courthouse News points to this long-standing belief there's nothing wrong with refusing to comply with platforms' terms of use:

A study back in 2014 revealed that 81% of police officers use social media in investigations, and 80% think its ethical to create fake accounts to get a suspect to friend them.

In this case, it's the Boston PD using fake Snapchat accounts to eavesdrop on communications senders likely presumed were private. And officers do it all without training, supervision, or oversight.

Other Boston police officers also use Snapchat as a part of their police work, despite the fact that none have been trained on how to use it. [...] There appear to be no policies or even supervision governing these warrantless, suspicionless electronic surveillance efforts by police.

And here's how that played out in this case:

Before gaining access to the defendants Frio Fresh private Snapchat account, the police officer did not even know that the account belonged to the defendant. After gaining access to the account -- using what the court assumed was a fake name intended to resonate with the audience he was attempting to try to . . . snoop on,-- the officer was able to use the content of the defendants private Snaps, which included an undisclosed number of videos and photographs, to identify the defendant as the account owner. For one month, the officer reviewed the content of every communication sent by the defendant to his private friend network without any judicial supervision and without any limitation on the scope or length of the surveillance or which communications he could record.

And that would seem to be a clear violation of constitutions, both national and local.

Article 14 and the Fourth Amendment preclude the police from unilaterally listening in on private telephone calls, sticking electronic devices on walls or in cars, or generally using new technology to learn what would otherwise be unknowable without the investment of substantial investigative resources. In addition, Articles 1, 10, and 16, and the First, Fifth, and Fourteenth Amendments, protect our fundamental rights as citizens of a free democracy to freely associate and speak together, and enjoy due process and the equal protection of our laws -- rights that are severely threatened by the police action in this case.

And yet the Supreme Judicial Court thinks it still may be ok for cops to engage in suspicionless, warrantless, long-term surveillance. Its arguments seem to boil down to a definition of privacy that relies heavily on a person's online popularity. If someone broadcasts a message to enough people, the expectation of privacy dissipates.

Justice Serge Georges objected that a really big wedding isnt a public wedding, but if an account owner indiscriminately accepts people and has 1,000, 2000 or 3,000 friends, at what point does it become absurd to say theres a reasonable expectation of privacy?

We'll have to see how this is resolved. The government apparently believes anyone with over 100 followers is fair game, even if investigators don't have any articulable reason to eavesdrop on these conversations. While there's little dispute that public posts on social media are fair game, private messages sent to others (even hundreds of others) aren't visible by those who haven't been invited to in-group. That may be the distinction that matters. If cops want to go "undercover" to listen in on non-public conversations between social media users, they probably should have something more to justify these activities with than "because we can."

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Filed Under: 4th amendment, massachusetts, police, social media, warrantless surveillance

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Massachusetts Supreme Court Being Asked To Decide Whether Cops Can Engage In Warrantless Surveillance Of Social Media Users - Techdirt

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Book Notes: Seventeenth century perspective on fake news – theday.com

Posted: at 11:42 am

Follow, poet, follow right, To the bottom of the night, With your unconstraining voice, Still persuade us to rejoice;

With the farming of a verse, Make a vineyard of the curse, Sing of human unsuccess, In a rapture of distress;

In the deserts of the heart, Let the healing fountain start, In the prison of his days, Teach the free man how to praise.

These are the final stanzas of W.H. Audens elegy In Memory of W.B. Yeats written at another of historys darkest moments, February 1939. With the farming of a verse/Make a vineyard./Teach the free man how to praise.

It was Polish poet Adam Zagajewskis poem, with its echoes of Auden, that appeared in the Sept. 24 special 9/11 edition of the New Yorker, Try to Praise the Mutilated World. He died on March 21 this year and as Clare Cavanagh, his translator and friend, writes in her tribute to him (The Times Literary Supplement, May 14, 2021) one obituary mistakenly claimed it was written in response to the terrorist attack it came to commemorate. It wasnt, of course. The poem came from a deeply personal experience inflected by history. He had lived and witnessed the horrors of Twentieth Century Europe.

Try to praise the mutilated world. Remember Junes long days, And wild strawberries, drops of ros wine, The nettles that methodically overgrow

The abandoned homesteads of exiles. Praise the mutilated world, And the grey feather the thrush lost, And the gentle light that strays and vanishes, And returns.

As she points out, a variation on the phrase Try to Praise, you must praise, you should praise, praise appears four times in twenty one lines. This is the poem that spoke to the suffering of that terrible day and all that has come after. Words to live by. Professor Cavanagh goes on to bemoan the stock phrases used to define Adam in Poland (his work was banned from official publication in 1975) clichs that dispense with actually seeing the person or reading the poems . The truisms, the lazy ways of thinking about the poet and his work.

Poland is the land of so many great poets, including 1996 winner of the Nobel Prize for Literature, Wislawa Szymborska, Zbigniew Herbert, and 1980 Nobel Prize recipient Czeslaw Milosz and others.

A recent target of such lazy ways perhaps also described as fake news is Geoffrey Chaucer, the father of English Poetry (1341 or 1343 (?) 1400). In an effort to remove Chaucer from the curriculum of the UK University of Leicester in favor of feminist, multi-cultural and other studies, he has been described as a rapist, a racist, an anti-Semite; he speaks for a world in which the privileges of the male, the Christian, the wealthy and the white are perceived to be an inalienable aspect of human existence.

Accusations manifestly untrue but, of course, ones that grab newspaper headlines. As we know, in our world turned upside down, medieval, classical and Shakespearean studies are under attack, but this one stands out in its mindless virulence. How poor our world would be without The Canterbury Tales and Troilus and Cressida, without the translation of Boethius Consolation of Philosophy? How would any student understand the fundamentals of English poetry without Chaucer? Robert Frost said I can HEAR Chaucers voice!

As Peter Ackroyd describes so vividly in his biography of Chaucer, from his earliest youth his ditties and glad songs testify both to what has been called the natural music of (his) verse and to his mastery of poetic diction. He introduced the rime-royal stanza and the terza rima into English verse; he was the first to employ the French ballad form, but he changed the French octosyllabic measure into what has become characteristically English decasyllabic:

He invented the native measure. But, as Ackroyd goes on to say, the court of Richard II, in which Chaucer served, was the first since the Anglo-Saxons that made English the principal language and Chaucer chose to write in his own language, to adopt his native music. His travels as a diplomat for the royal court afforded him an introduction to the work of Dante, Petrarch and Boccaccio. The profound influence that this had on his development as a poet created the priceless legacy we have today what tales, what folk, and none so different from ourselves.

At the close of her poem At The Fishhouses, Elizabeth Bishop likens knowledge to the cold water of the Atlantic (after a magical diversion involving a seal)

Cold dark deep and absolutely clear, element bearable to no mortal, ..

If you tasted it, it would first taste bitter,

then briny, then surely burn your tongue.

It is like what we imagine knowledge to be: dark, salt, clear, moving, utterly free, drawn from the cold hard mouth of the world, derived from the rocky breasts forever, flowing and drawn, and since our knowledge is historical, flowing and flown.

Over continents, oceans and centuries we hear the voices of the writers, poets, essayists who have gone before us, making our knowledge historical, flowing and flown. We need them all!

In this 21st century fever of fake news it is encouraging to recall that the 17th century physician and theologian Sir Thomas Browne wrote his great work the Pseudoxia Epidemica the book of Vulgar or Common Errors in direct response to an epidemic of fake news that deeply troubled the scholars and scientists of the day. As Coleridge said he is a quiet and sublime Enthusiast with a strong tinge of the Fantast, the Humorist constantly mingling with and flashing across the Philosopher, as the darting colors in shot silk play upon the main dye.

Irresistible. Browne with his endlessly curious and enquiring mind, his gentle wit and tolerance, all expressed in the finest prose in the English language, has been, and remains, a source of inspiration and delight to writers, readers and thinkers down the ages, those, along with Coleridge, such as Jonathan Swift, Herman Melville, (Browne was a key influence in his writing of Moby Dick), and Elizabeth Bishop. He was, in many ways, the embodiment of Chaucers verray, parfit, gentil knight/.

But now I have a sense of a need to close where we came in, honoring 9/11. Not with praise but in stark recall of that brilliant blue day that turned to ashes. Here are a few lines from a poem by Wislawa Szymborska, (1923-2012) Adam Zagajewskis compatriot and contemporary. Like him she too was, in Robert Frosts words one acquainted with the night.

In an article in the New York Times Magazine of Dec. 1, 1996, on the occasion of her being awarded the Nobel Prize, Edward Hirsch wrote Szymborska investigates large unanswerable questions with terrific delicacy. She pits her dizzying sense of the worlds transient splendor against unbearable historical knowledge. Unbearable. Historical. Knowledge.

Belinda de Kay is the emeritus director of Stonington Free Library.

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Helen Lee Bouygues Discusses Fake News and Critical Thinking – TechSpective

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In theory, the fact that the internet provides virtually instantaneous access to the sum total of all human knowledge should make us smarter as a society. Unfortunately, it seems to be having the opposite effect in a lot of cases. As much information as their is out there, there is also a ton of mis-information, both incidental and intentional, and people appear to be very bad at telling the difference.

My guest for this episode of the TechSpective Podcast is Helen Lee Bouygues. Helen is a former partner with McKinsey, and is a graduate of Princeton University and Harvard Business School. She is the president of the Paris-based Reboot Foundationwhich she established in order to elevate critical thinking and to promote richer, more reflective forms of thought in schools, homes, and businesses.

One of her primary focuses has been on the intersection of misinformation, fake news, and peoples internet usage. The Reboot Foundation believes that the fake news crisis is ultimately a crisis of media literacy, and that more people need to develop the critical thinking skills necessary to be savvy, smart consumers of news online.

Check out the full episode for more insights from Helen about the challenges of critical thinking and what we need to do to be better consumers of online information. I also recommend that you check out the Reboot Foundation website and explore some of the valuable resources we discuss during the podcast.

Please ask questions and share your thoughts on the topic in the comments below. Also, please subscribe to theTechSpective Podcastthrough your favorite podcast platform, and share the podcast with your peers and friends.

If you enjoy the podcast, I would also be grateful if you could take 2 minutes to rate and review the podcast on iTunes, or wherever you listen.

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Imrans govt will end the day fake news banned in Pakistan: Marriyum – The News International

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ISLAMABAD: The PMLN Secretary Information Marriyum Aurangzeb says Imran Khan's government won't survive another day if his network of fake news propaganda against Shehbaz Sharif is banned in the country.

In a statement, Marriyum alleged that Imram Khan used fake news sources of NAB against Shehbaz Sharif for three years and was now using the FIA fake news sources to defile him. She said Imran Khan is still an absconder in the Rs10 billion defamation case by Shehbaz.

"Why are NAB and FIA are blind to the theft in public sugar, wheat, flour, medicines, electricity, gas, ring road, LNG and petrol? Why can't they see the corruption BRT Peshawar, Billion Tree Tsunami, foreign funding case, and the helicopter case," the former information minister questioned.

Marriyum said the FIA must show the sources of information, evidence, witnesses in courts instead of knitting stories and coercing media to propagate it. She said these fake cases had been investigated through the Supreme Court, high court and accountability courts over and over and over again, but Imran Khan just couldn't get over his vengeance.

The PMLN leader asked Imran Khan to tell the nation about his blunders that had landed the country in a disaster.

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Fake news originated from India caused cancellation of Kiwis tour – Dunya News

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Published On 22 September,202111:35 pm

Fake news originated from India only caused cancellation of Kiwis tour

LAHORE (Web Desk) False threatening email was sent to the New Zealand cricket squad from India, which prompted the Kiwis to call off a tour of the country.

It should be noted that the New Zealand team had canceled the tour of Pakistan just a few hours before the first match to be played in Rawalpindi on September 17, citing security reasons.

Addressing a press conference in Islamabad alongside Interior Minister Sheikh Rashid Ahmed, Minister for Information Fawad Chaudhry shared the material with the media. He said that the entire situation started due to a fake post by someone claiming to be Tehreek-i-Taliban Pakistan (TTP) militant Ehsanullah Ehsan.

Fawad Chaudhry said that the device used to send a threat to the New Zealand cricket team belonged to India. In August, a fake post was created under Ehsans name which told the New Zealand cricket board and government to refrain from sending the team to Pakistan as it would be targeted, he added.

He said that following this post, Abhinandan Mishra, published an article claiming that the team may face a terror threat in Pakistan citing the fake post by Ehsan.

According to its website, The Sunday Guardian was founded by politician MJ Akbar, who served as the minister for external affairs in the Modi-led BJP government till 2018. "Interestingly, [Mishra] has strong links with [former Afghanistan vice president] Amrullah Saleh," he said.

"When we investigated further, we discovered some facts. Firstly, this email is not affiliated with any social media network [...] and only one email has been generated from this account," he said.

The minister added that the email was sent via ProtonMail, a secure service. "The details [of the email] are not available and we have requested Interpol to assist us and tell us how it was generated."

Despite these events, the New Zealand cricket team did not cancel the tour at this point and travelled to Pakistan. "As the interior minister said, the security we provided outnumbered the number of people in their forces," he said.

Fawad said that once the Black Caps arrived, the interior ministry issued a detailed protocol programme for them and the teams began focusing on the practice sessions. The New Zealand team participated in the practice sessions "without any issues," he said.

However, on the day of the first match New Zealand officials said that their government had concerns of a credible threat and cancelled the tour, he said.

He said that a day later, a second threatening email was sent to the New Zealand team using the ID, Hamza Afridi.

He said that when authorities probed the email, they discovered that it was sent from a device associated with India. "It was sent using a virtual private network (VPN) so the location was shown as Singapore."

He said that the same device had 13 other IDs, nearly all of which were Indian names. "All IDs were made using the names of Indian actors and celebrities. Only the name Hamza Afridi is different to show that this email was generated from Pakistan.

"His name was used deliberately to show that a terrorist threat is present in Pakistan."

He said that the user of the particular device had been identified as Omprakash Mishra from Maharashtra. "The device used to send the threat to the New Zealand team belonged to India. A fake ID was used but it was sent from Maharashtra."

"This whole threat was primarily generated from India."

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Fake news originated from India caused cancellation of Kiwis tour - Dunya News

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Gabby Petito cops blast completely fake news body has been found in hunt for missing girl and fiance Bri… – The US Sun

Posted: at 11:42 am

FLORIDA cops have denied reports that a body was found in the area they are searching for missing Brian Laundrie.

"There are currently false reports of a body being located where we are searching. Completely fake," said the official North Port Police Twitter account on Saturday.

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This news comes a the FBI searches for both Gabby Petito and her fianc Brian Laundrie, a person of interest in her disappearance.

More than 50 North Port police officers as well as the FBI conducted a vast search in the Carlton Reserve in the Sarasota area on Saturday, a day after Laundrie's family reported he's been missing since Tuesday.

His family says they believe he entered the area earlier this week," North Port police said on Saturday as they searched the area of about 25,000 acres.

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Nearly a week into the search for Petito, officers with the North Port Police Department enteredLaundrie's Florida home on Friday night after Laundrie's family requested police to come speak with them.

North Port Police Public Information Officer Josh Taylor told theNew York Post: "His family has reported that they have not seen Brian as of Tuesday."

Police took some of Laundrie's clothing from his parents' home for K9s to get a scent, according to local reporter Claire Lavezzorio.

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They have not said if Laundrie is suicidal or carrying a gun.

Petito, 22, has been missing for two weeks after going on a cross-country road trip with her fianc.

Read our Gabby Petito live blog for the very latest news and updates...

She and her boyfriend had planned a road trip through Colorado,Utah, andWyomingthat would finish in Yellowstone.

The New Yorker was last seen on August 24 after leaving a hotel in Salt Lake City,Utah,withLaundrie. Her family held a joint press conference with Florida police focusing on her disappearance on Thursday.

While Gabby never returned home,her fianc did and has since made headlinesafter he reportedly hired an attorney and refused to work with the police.

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Gabby Petito cops blast completely fake news body has been found in hunt for missing girl and fiance Bri... - The US Sun

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FIR against YouTube channel for spreading fake news about Haryana CMs resignation – The Indian Express

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Police on Tuesday night registered an FIR against a YouTube channel for allegedly spreading fake news that Haryana Chief Minister Manohar Lal Khattar had resigned. Police said that action was taken after a resident of Chakkarpur filed a complaint.

As per the FIR, the complainant, Sandeep Kumar, claimed that on Tuesday, he was surfing the internet when he came across a video on YouTube run by a channel called national TV. The news said that Haryana chief minister Khattar had submitted his resignation and Vij (Haryana home minister) will take over as the new CM. The fake news had tickers flashing masterstroke by PM, CM ne diya isteefa.

Kumar, who has a private job, told The Indian Express: By spreading such rumours and fake news, an attempt is being made to incite people of the state and disturb law and order. The intention is to destabilise the government and hurt the sentiments of people. Despite knowing the facts and the truth, the channel is deliberately spreading fake news to provoke people and create instability in the administration, especially in the backdrop of farmers protests.

A police officer said, We will investigate who is running the channel and who had shared the alleged news item. No arrests have been made yet.

The FIR has been registered under IPC sections 153-A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc and doing acts prejudicial to maintenance of harmony) and 505 (1) (b) (with intent to cause or which is likely to cause, fear or alarm to the public) at cyber crime police station, said police.

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