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Global Diagnostic Imaging Market Forecast Report 2022: A $53 Billion Market by 2028 – Artificial Intelligence (AI) and Analytics Gaining Traction -…

Posted: September 2, 2022 at 2:30 am

DUBLIN--(BUSINESS WIRE)--The "Diagnostic Imaging Market Forecast to 2028 - COVID-19 Impact and Global Analysis by Modality, Application, and End-user" report has been added to ResearchAndMarkets.com's offering.

The global diagnostic imaging market is projected to reach US$ 53,410.59 million by 2028 from US$ 38,034.56 million in 2022.

Rise in prevalence of chronic diseases drives the market growth. Also, the use of Artificial Intelligence (AI) and analytics in diagnostic imaging equipment would act as a future trend in the global diagnostic imaging market.

According to the Centers for Disease Control and Prevention (CDC) report, six in ten Americans live with at least one chronic disease, including heart disease and stroke, cancer, and diabetes. Chronic disease are the leading causes of death and disability in North America and stand as a leading healthcare cost.

According to CDC, the leading chronic diseases accounted for almost US$ 4.1 trillion in annual healthcare costs in America in 2020. Additionally, diagnostic imaging is widely adopted for chronic conditions of the geriatric population as the population is more vulnerable to the above chronic indications. For instance, JMIR Publications revealed that the population aged >60 is expected to rise to 2 billion by 2050 worldwide.

Thus, with the increasing prevalence of aging and chronic diseases, it is essential to focus on healthcare innovation to improve health services. For example, innovation in diagnostic imaging with the support of information and communication technology (ICT) has been used in several settings that assist individuals in diagnosing, treating, and managing chronic diseases better. Also, ICT interventions in diagnostic imaging provide solutions to some of the challenges associated with aging and chronic diseases.

Osteoporosis is a significant health problem globally and is responsible for a severe clinical and financial burden owing to increasing life expectancy. Moreover, osteoporosis increases the chances of falls, fractures, hospitalization, and mortality. The age-standardized prevalence of osteoporosis among the European population is 12% for women and 12.2% for men aged 50-79 years, per the statistics of the National Library of Medicine in 2020.

Therefore, it is mandatory to conduct clinical assessments for early diagnosis and to prevent the onset of complications. Several diagnostic imaging techniques such as computed tomography (CT), magnetic resonance imaging (MRI), and ultrasound imaging provide information on different aspects of the same pathologies for the detection of osteoporosis at an early stage.

For example, MRI provides information on various aspects of bone pathophysiology, and its results play an essential role in diagnosing diseases early in preventing clinical onset and consequences. The factors mentioned above are responsible for driving the overall global diagnostic imaging market.

Artificial intelligence helps improve numerous aspects of the healthcare industry, and diagnostic imaging technique is one of the fields that would benefit greatly. Diagnostic imaging equipment manufacturers worldwide are integrating AI into their products. For example, in September 2018, Nvidia announced launching the Nvidia Clara platform, a combination of software and hardware working together in diagnostic imaging equipment.

Such ground-breaking technology can address the challenges of medical instruments and process enormous amounts of data generated every second that doctors and scientists can easily interpret.

Market Opportunities of Global Diagnostic Imaging Market

Government initiatives that sanction funds and grants for diagnostic imaging services to reach globally are expected to create lucrative opportunities for the overall global diagnostic imaging market growth in the coming years.

The WHO collaborates with partners and manufacturers to develop effective solutions targeting to improve diagnostic services in remote locations. Additionally, the WHO and its partners provide training programs on the use and management of diagnostic imaging, focusing on patient safety.

For example, in February 2022, Siemens Healthineers announced a partnership with UNICEF that assisted in improving access to healthcare in Sub-Saharan Africa for diagnostic techniques.

Key Market Dynamics

Market Drivers

Market Restraints

Market Opportunities

Future Trends

Company Profiles

For more information about this report visit https://www.researchandmarkets.com/r/bjdzvd

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Global Diagnostic Imaging Market Forecast Report 2022: A $53 Billion Market by 2028 - Artificial Intelligence (AI) and Analytics Gaining Traction -...

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The Application of Artificial Intelligence in the Analysis of Biomarke | OPTH – Dove Medical Press

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Introduction

The uvea of the eye is a highly vascular structure including the anterior uvea and the posterior uvea or choroid,1 which are susceptible to breakdown of the blood-aqueous barrier and inflammatory response in cases of various diseases. Uveitis is a common sight-threatening disease that leads to 510% of vision impairment worldwide.2 It has been suggested that there are several markers that can predict the prognosis of the disease, pathogenesis and treatment outcome.3,4 Sauer et al found that elevated levels of interleukin (IL)-1, IL-2, IL-6, interferon (IFN)- and tissue necrosis factor (TNF)- may be implicated in uveitis.5 Additionally, elevated intraocular levels of IL-6 has been associated with idiopathic uveitis and uveitis in Behets disease, sarcoidosis and ankylosing spondylitis.5 For uveal diseases such as uveal melanoma, the most common primary intraocular malignancy in adults,6 limited information is known on the characteristics that predict survivability for patients.8 Ericsson et al established that Human Leukocyte Antigen (HLA)-I expression is upregulated in metastatic disease resulting in a poor prognosis.9

As artificial intelligence (AI) methods are rapidly progressing, breakthrough technologies are changing the landscape of healthcare research with powerful diagnostic and prognostic value.10 Machine learning methods (also referred to as complex AI), supervised and unsupervised, are employed by AI systems to account for complex interaction either by collecting input data including biofluid and tissue to predict output values based on new input samples or by finding underlying patterns in an unlabelled data set to identify sub-cluster and outliers in the data.10

Although AI methods are well described in other healthcare fields, there is limited information on the value of using AI methods in understanding the complex nature of uveal diseases. Machine learning has allowed for more robust discovery of biomarkers that have been approved by the Food and Drug Administration (FDA) to guide treatment which can be valuable in diseases such as uveitis and uveal melanoma.10 Additionally, the biomarkers act as powerful clinical predictors that can individualize treatment options for patients for more desired outcomes.10

Herein, we aim to systematically review the available literature describing the application of AI methods in uveal diseases, highlighting the important biomarkers identified by AI methods for treatment, prognosis, and disease profile. We also characterize the type of AI methods utilized in uveal disease including sample selection and preferred analysis method, goals of the AI, and guide future research in this ever-evolving field.

This systematic review adhered to the Preferred Reporting Items for a Systematic Review and Meta-analysis (PRISMA) guidelines and the protocol was registered in PROSPERO (reg. CRD42020196749).11

The search strategy was developed with the aid of an expert librarian and was conducted across five electronic databases (EMBASE, Medline, Cochrane Central Register of Controlled Trials, Cochrane Database of Systematic Reviews, and Web of Science). The search was initially conducted from inception to August 11, 2020, and updated on August 1, 2021. Terms related to the concepts of ophthalmology and AI/bioinformatics and proteomics, metabolomics, lipidomics were used in the formal search to capture all relevant articles (Supplemental File 1). Additionally, backward and forward citation tracking was conducted for completeness. Gray literature indexes were included via EMBASE.

The inclusion and exclusion criteria were determined prior to screening. The inclusion criteria were as follows: (1) original peer-reviewed studies that analyzed biomarker concentrations to predict or modify patient therapy or outcome/diagnosis in intraocular ophthalmic conditions; (2) studies that analyzed biomarker using any type of AI and/or bioinformatics approaches; (3) articles that studied biomarker samples from vitreous fluid, aqueous fluid, tear fluid, plasma, serum, or ophthalmic biopsies and analyzed a protein, lipid, or metabolite; (4) studies that combined biofluid biomarkers with other types of biomarkers (eg imaging) in their statistical models; and (5) simple regression studies that were longitudinal. The exclusion criteria included (1) articles studying ophthalmic diseases that only affect pediatric patients (eg retinopathy of prematurity), (2) studies on non-human subjects (animal or cell studies), (3) studies utilizing post-mortem samples from eyes, (4) non-English studies, (5) abstracts, or reviews, systemic reviews and meta-analyses. This study is part of a series of review papers focused on use of AI and biofluids, and for this particular study a subset of all studies concerning uveal diseases (uveal melanoma and uveitis) were included.

All studies identified by the databases were imported into Covidence (Covidence, Veritas Health Innovation, Melbourne, Australia) for screening. Upon automatic removal of duplicate articles, the remaining articles underwent two levels of screening: title and abstract and full text by two independent reviewers. Disagreements were resolved at a follow-up consensus meeting mediated by a third reviewer after each level of screening.

A standardized data collection form developed prior to the commencement of data extraction was used to ensure a comprehensive and consistent extraction. Data was extracted by one reviewer followed by a quality check where 10% of the extractions were verified by a second independent reviewer to ensure consistency of extracted data. Key parameters extracted from each article included study population demographics, biofluid biomarker characterization and significance, and the AI/bioinformatics tool used in the analysis.

Data were synthesized for each study including details regarding the biofluid sample, type of analysis conducted, significant biomarkers, and demographic information of mean age and sex. Furthermore, data concerning the type of AI and/or bioinformatic analysis of the biomarkers used in uveal diseases was categorized based on the study objective and utility including disease progression, disease prognosis, disease profile, disease treatment and differentiating between differential diagnosis. Due to the heterogeneity of the study designs and AI methods employed by researchers, a meta-analysis was not undertaken.

The Joanna Briggs Institute Critical Appraisal Tool was used for critical appraisal of the included studies.12 Risk of bias assessment was completed by one independent reviewer, and a quality check of 10% of the articles was completed by a second reviewer to ensure consistency between the data extractors. High ROB was applied to studies that reached up to 49% of questions as yes, moderate ROB was classified as 5069%, and low ROB was classified as greater than 70%.28

The search strategy yielded 27,702 articles from all the databases. After the duplicates were removed, 10,258 studies were screened and a total of 18 studies met the criteria for inclusion in the systematic review. A PRISMA flow-chart summarizing the results of the literature can be found in Figure 1.

Figure 1 PRISMA flow diagram of search strategy.

Abbreviation: AI, artificial intelligence.

The two diseases of interest were uveal melanoma (44%) and uveitis (56%) (Table 1). With regard to study design, 9 studies were cohort studies (50%), 8 are cross-sectional studies (44%) and 1 is a case report (6%). Fifteen studies were conducted retrospectively (83%) and 3 were completed prospectively (17%). The studies were conducted in 9 different countries, with the majority from China (7,39%). The total number of subjects in each study ranged from 18 to 10,453, while the median age of the patients ranged from 30 to 63 years (Table 1).

Table 1 Summary of Study and Patient Characteristics

The most common type of bio-sample taken from the uveal melanoma patients was tissue (63% studies) from of enucleated eyes and aqueous humor in the uveitis patients (50%, Table 2). Other types of biofluid samples were serum, plasma, undifferentiated blood and vitreous humor. The biomarker sample types collected varied across all studies, as 6 studies included cytokines, 6 metabolites, 5 proteins, 2 serum products, 2 at chemokines, 2 at cellular infiltrates, 2 at immune cells, 1 at lipids, 1 at electrolytes, and 1 at stromal cells. Furthermore, the number of individual biomarkers analyzed varied from 1 to 4386 per study with most studies researching less than 10 (50%). Although all except one study found significant biomarkers for their respective study objective, there is little to no overlap in the specific biomarkers found to be significant. The only overlap was that of lactate dehydrogenase (LDH) in 50% of the uveal melanoma studies.8,1719

Ten (56%) studies used machine learning methods, and 13 (72%) studies used regression methods to interpret the data. Of the 10 studies that used machine learning methods, 2 used unsupervised methods, 3 used supervised methods and 5 used a combination of both methods. The studies that used regression analysis all employed supervised methods. The most common complex AI method used was principal component analysis (33%), whereas logistic regression (38%) analysis was the most common regression tool. Other types of complex AI methods used were artificial neuronal network (6%), hierarchal neural network (6%), decision tree analysis (6%), random forest (6%), partial least square-discriminant analysis (25%), and orthogonal projection to latent structure discriminant analysis (6%). In addition to AI methods, there were 8 studies that conducted analysis using bioinformatics. Bioinformatics was used for either pathway analysis (5 out of 8 bioinformatics studies) or cluster analysis (3 out of 8 bioinformatics studies). Most commonly, the studies that utilized bioinformatics in their methodology did so in order to differentiate between disease diagnosis (4 out of 8 bioinformatics studies) and understand disease profile (4 out of 8 bioinformatics studies). Overall the study objectives included disease progression (6%), disease prognosis (50%), disease treatment (28%), disease profile (22%), and differentiating between differential diagnosis (22%).

Of the 10 studies focused on uveitis, 4 focused on disease differentiation in which 3 of the 4 studies used machine learning methods. Curnow et al studied cytokine levels of uveitis-presenting diseases such as Behcet's disease, herpes-induced, Fuchs heterochromic cyclitis and idiopathic uveitis and used cluster analysis and random forest analysis for disease differentiation and specifically found TH 1 cytokines, IL-6, IL-8, CCL2 and IFNy are elevated in idiopathic uveitis.3 Verhagen et al used PCA and PLS-DA to determine that ketoleucine is upregulated in Human-Leukocyte antigen-B27 (HLA-B27) positive acute anterior uveitis, which can be used to differentiate it from HLA-B27 negative acute anterior uveitis.4 Partial least square discriminant analysis (PLS-DA) was also used by Young et al to differentiate between lens-induced uveitis and chronic uveitis, with a sensitivity of 78% and specificity of 85%.13 Additionally, 3 studies used machine learning methods to examine disease profile.1416 Guo et al used PLS-DA to identify 33 potential biomarkers and 10 metabolic pathways related to acute anterior uveitis after conducting metabolic analysis.14 Similarly, Xu et al also used PLS-DA to determine specific amino acids and fatty acids to differentiate between controls and uveitis induced by Vogt-Koyanagi-Harada and Behcets disease.15 Wang et al used PCA to determine the profile of disease for Posner-Schlossman syndrome-induced uveitis and found 14 significant pathways.16 The remaining studies used regression methods to determine treatment outcomes and prognosis.21,24,26,27

Three studies determined factors predictive of treatment outcome; Indini et al used machine learning, whereas Heppt et al, and Nicholas et al used regression methods.1719 Indini et al used unsupervised artificial neural network analysis (ANN) to determine the importance of baseline factors in predicting response to anti-PD1 treatment in a retrospective cohort patient.17 The specific biomarkers found in blood that showed significance in increasing overall survival and response to treatment value were neutrophil-to-lymphocyte ratio (NLR) and baseline lactate dehydrogenase (LDH).17 Similarly, Heppt et al and Nicholas et al found LDH levels as a significant prognostic factor.18,19 Lastly, all studies for UM found biomarkers significant in determining disease prognosis. While most studies employed regression modeling, 3 studies employed complex AI technology. However, each study used a different algorithm modality; Indini et al, as previously stated, used unsupervised ANN analysis, Sun et al used unsupervised hierarchical neural network and Ehlers et al used supervised principal component analysis.7,17,20 Specifically, Sun et al used hierarchical neural network for recognition of BAP1 expression in tissue samples for prognostic utility.21 Additionally, principal component analysis was conducted by Ehlers et al to analyze microarray expression results to determine that Nbs1 is a highly significant prognostic factor that can stand alone.20 There was one study that used bioinformatics to conduct pathway analysis for disease prognosis.21 CTLA-4 was assessed in 33 types of cancers to determine its expression and pathway via KEGG and GO databases by Zhang et al.22

Most of the studies included in this review were of high quality (94%) and 1 was of moderate quality (6%), as highlighted in Figure 2. Of the cohort studies, 56% were unclear in identifying confounding factors and 78% of the studies were unclear or failed to identify strategies to account for the confounding variables. Similarly, 75% of the cohort studies did not describe their strategies for addressing confounding variables. Additionally, all 8 cohort studies (100%) did not clearly define the inclusion criteria for sample selection.

Figure 2 Risk of bias assessment using the Joanna Briggs Institute Critical Appraisal Tool.

Notes: Yes = clearly defined in the study; Unclear = not clearly defined in the study; No = not considered in the study.

To our knowledge, this is the first systematic review that summarises the current advancements of AI for analysis of biomarkers involved in uveal diseases, specifically uveitis and uveal melanoma. Almost all studies found significant biomarkers related to their disease of interest through either regression or machine learning methods, emphasizing the value of AI. However, due to the heterogeneous nature of the biomarkers chosen in each study, no significant biomarkers have been identified consistently across all studies for uveal conditions.

We provided a wide overview of both complex AI methods and regressions models, highlighting their utility. Principal component analysis was used most commonly, in 33% of studies and was found to be a powerful tool to determine significant biomarkers in uveal diseases. Although there is a large variation in types of complex AI used, many showed strong predictive ability. For instance, the value of a random forest analysis was demonstrated by Curnow et al, where with 100% accuracy elevated cytokines were identified in idiopathic uveitis, specifically TH 1 cytokines, IL-6, IL-8, CCL2 and IFNy.3 The results from this study indicate the value of a random forest analysis and its future application in differentiating disease profile of uveitis in Behcet's disease, herpes-induced, and Fuchs heterochromic cyclitis with larger sample sizes.3

Considering that uveal melanoma is one of the most common ocular malignancies with a high risk of developing metastatic cancer, it would be beneficial to determine biomarkers that may predict disease progression, prognosis and treatment outcomes.18 Although the number and type of significant biomarker varied from study to study, there was one biomarker that was found significant across multiple studies. Lactate dehydrogenase (LDH) was found to be an important biomarker for disease prognosis and disease treatment outcome by Indini et al, Lorenzo et al, Heppt et al and Nicholas et al.8,1719 Indini et al determined that elevated baseline serum LDH was negatively correlated with anti-PD1 treatment outcome, whereas Lorenzo et al, Heppt et al and Nicholas et al observed high LDH levels with decreased prognosis.8,1719 LDH has been previously established as an important prognostic biomarker and is incorporated in staging procedures, such as the Padova-Mayo model and AJCC model.19 The ability to use LDH as a validated prognostic marker supports the idea of biomarkers as valuable prognostic tools.29 However, as highlighted by Indini et al, ANN is able to characterize the importance of such biomarkers in reference to treatment outcomes.17 Identification of important biomarkers involved in uveal diseases may enable better diagnostics and guide treatment decisions.19 In the current review, AI methods are used to confirm previous findings and weigh the significance of LDH against other prognostic variables with respect to treatment outcomes.19 Although the number of studies in this review offers a large amount of information regarding significant biomarkers, with a limited number of studies focusing on each biomarker, it is difficult to recognize definitive biomarkers for diagnostic and prognostic application.

Despite the large amount of data provided by the studies in this review, there are limitations that affect the ability to apply this information in a clinical setting. As assessed by the risk of bias, there were no studies that clearly defined the inclusion criteria for the sample, affecting the generalizability of findings and replicability for future studies. Additionally, there was no mention of the reliability of the biomarker sample collection process, which further affects the bias presented in the studies. This could potentially create confounding variables that were failed to be identified. Additionally, limited information is provided on the specificity and sensitivity of the analytic methods used, making it difficult to assess the precise utility of AI methods.

In the current study, we reviewed the literature on the use of AI or bioinformatics to determine significant biomarkers in disease progression, prognosis, differentiation, profile and treatment outcome of uveitis and uveal melanoma. Particularly, using complex AI methods can be used to weigh the merit of significant biomarkers, such as LDH, in order to create staging tools and predict treatment outcome. Identification of these important biomarkers may guide clinicians in clinical decision-making and optimizing management strategies. Although the information presently available has a large degree of heterogeneity, future studies have the potential of creating impactful AI models that can result in clinical tool development and implementation.

The contents of this manuscript may be presented at the International Conference of Ophthalmology (September 9 to September 12, 2022) pending acceptance.

This research was in-part funded by Fighting Blindness Canada.

The authors report no conflicts of interest in this work.

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

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Dubois: Regarding the First Amendment and free speech - Valley Breeze

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Carolina community invited to engage with renowned scholars on First Amendment Day 2022 – UNC Hussman School of Journalism and Media

Posted: at 2:28 am

By Barbara Wiedemann

Its back on campus!

First Amendment Day is an annual campus-wide, daylong event designed to both celebrate the First Amendment and explore its role in the lives of students at the University of North Carolina at Chapel Hill. Observed during National Banned Books Week, the Carolina tradition was first celebrated in 2009 the year Kanye West interrupted Taylor Swift during her VMA video of the year acceptance speech and the UNC womens soccer team won their 20th NCAA national title.

After a pandemic-related virtual format in 2020 and 2021, the celebration is back on campus Wednesday, Sept. 21, and UNC Center for Media Law and Policy co-faculty chairs David Ardia,Reef C. Ivey II Excellence Fund Term Professor of Law at UNC School of Law, and Amanda Reid, Associate Professor at UNC Hussman School of Journalism and Media, have packed a powerful punch with events that reflect contemporary conversations and up-to-the-moment scholarship.

Events include a student debate in the Freedom Forum; a virtual trivia contest (Question: who said I know it when I see it, about pornography? Answer: U.S. Supreme Court Justice Potter Sewart in 1964 Jacobellis v. Ohio); a banned books reading; and what should prove a thought-provoking keynote speech entitled Free Speech and Public School Students Lessons From a Cursing Cheerleader and South Parkby University of Florida Professor Clay Calvert, who literally wrote the book: Mass Media Law, 22nd Edition (with UNC Hussman graduates Dan Kozlowski 06 (Ph.D.) and Derigan Silver 09 (Ph.D.).

Calvert says, Undergraduates should come to learn about the First Amendment speech rights of public high school students something many of them were just a few years ago. Its a particularly important issue in the social media era when we've witnessed students being punished for their off-campus, online tweets, posts and snaps. Its also important because some principals overreact and try to silence anything that arguably might harm the reputation of their schools.

In addition, three panel discussions offer a veritable plethora of professional expertise on three important aspects of the First Amendment, including:

U.S. and European Approaches to Regulating Social Media Platforms, with legal and social media experts from Carolina and the University of Helsinki. Moderated by Anne Klinefelter, UNC Law professor and director of the law library.

Get 1A Smart: Having Your Say & Staying Out of Court, with nationally known media lawyer and litigator Hugh Stevens 65, 68 (J.D.) joined by journalists from The Assembly, WRAL-TV and UNC Center for Innovation and Sustainability in Local Media. Moderated by Duke Laws First Amendment Clinics Amanda Martin and Ben Rossi.

Weaponizing First Amendment Rhetoric, which asks the question Should free expression be what we value beyond everything else in public life, namely progress, equality and inclusion? Four panelists from the UNC Center for Information, Technology and Public Life tackle the topic and consider alternative ways of thinking about expression to reclaim our shared public life. Moderated by CITAP research fellow Nanditha Narayanamoorthy.

All events are free and open to the public. Check firstamendmentday.unc.edu for the most up-to-date information.

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Carolina community invited to engage with renowned scholars on First Amendment Day 2022 - UNC Hussman School of Journalism and Media

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Abortion and the First Amendment – Lexology

Posted: at 2:28 am

Heres a really interesting article from The Atlantic that raises the interesting question about whether abortion laws can restrict providing information about abortion availability consistent with the First Amendment. Consider a bill recently introduced in South Carolina, that would make it illegal to provid[e] information to a pregnant woman, or someone seeking information on behalf of a pregnant woman, by telephone, internet, or any other mode of communication regarding self-administered abortions or the means to obtain an abortion, knowing that the information will be used, or is reasonably likely to be used, for an abortion.

Make sure you read that carefully. This isnt about prohibiting the act of providing re receiving an abortion its about simply providing information about it. So, presumably, a person who tells someone in South Carolina what states allow abortions may be charged under this statute. A novel that discusses how a character self-induced an abortion may be criminally liable. The list of possible violations seems endless.

If this seems at odds with the First Amendment guarantee of free speech thats because it is. We have consistently allowed speakers to speak their minds, even if doing so could allow someone to commit a crime with the information. Any number of novels and plays illustrate the perfect crime. The authors arent charged with aiding and abetting if some reader tries it out in real life.

The First Amendment, with some limited exceptions, doesnt punish someone for informing another person about a subject; even one as controversial as abortion. Post Dobbs states can restrict abortion. But thats not license to trample on the First Amendment.

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Abortion and the First Amendment - Lexology

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School district to pay far-right conservative Shawn McBreairty $40000 in lawsuit – Kennebec Journal and Morning Sentinel

Posted: at 2:28 am

A Bangor-area school district must pay far-right conservative activist Shawn McBreairty $40,000 to settle a federal lawsuit in which McBreairty accused the districts school board and its chair of violating his First Amendment rights by banning him from attending board meetings and school events.

U.S. District Judge Nancy Torresen ruled in favor of McBreairty in July, finding the school boards ban unconstitutional. The financial settlement was handed down Tuesday.

In May, Regional School Unit 22, which serves Hampden, Newburgh, Winterport and Frankfort, barred McBreairty from participating in school functions and entering school grounds to attend meetings until Dec. 31, 2022. The ban followed an April school board meeting at which McBreairty played an audio recording of a phone conversation that the school district said contained inappropriate language.

In the phone recording, McBreairty used the phrase hardcore anal sex, which the school district said violated its public comment policy that prohibits abusive or vulgar language.

At the time of the ban, RSU 22s lawyer, Timothy Pease, said the district was banning McBreairty for his failure to comply with district rules.

As McBreairty was playing the recording, school board Chair Heath Miller told him that he was violating board policy and to stop playing the recording. When McBreairty refused, Miller asked that he leave the meeting and then moved the meeting into a recess until McBreairty was gone.

Torresen, however, hinted that the school board might have discriminated against McBreairty, banning him for his viewpoints rather than for a failure to adhere to district rules.

It is hard to shake the sense that the school board is restricting the speech because the board disagrees with both McBreairtys opinions and the unpleasantness that accompanies them, Torresen said.

Torresen, who was appointed by former President Barack Obama, also found that McBreairtys reference to hardcore anal sex was not obscene because it was used to make a political point. McBreairty, a far-right activist for parental rights in K-12 public schools, has made frequent claims that schools are teaching critical race theory and providing porn to students. He has harshly criticized books that highlight LGBTQ+ characters and teenagers discovering sexuality, calling them pornographic. He was discussing the presence of books he sees as a form of pornography in school libraries during his public comment at the April meeting.

McBreairty, 51, lives in Hampden but does not have children in the school district. RSU 22 is not the first school district he has sparred with in recent years. He pleaded guilty last year to a misdemeanor charge of improperly influencing a public official after threatening the Cumberland-area school districts then school board chair; he was barred from Cumberland school district grounds after violating district rules; and he is currently being sued by the Hermon school department for allegedly bullying and harassing one of its teachers.

McBreairty also authored an amendment to the Maine Republican Party platform that would discourage teachers from teaching identity politics and kiddie porn, and bring morals and family values back to Maines schools.

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School district to pay far-right conservative Shawn McBreairty $40000 in lawsuit - Kennebec Journal and Morning Sentinel

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Judge allows inmate’s lawsuit to proceed against prison officials for failure to protect, retaliation – coloradopolitics.com

Posted: at 2:28 am

A federal judge has allowed an inmate to pursue his lawsuit against Colorado prison officials based on allegations they failed to protect him, instructed other prisoners to fight him and retaliated against him for filing grievances.

Although the defendants attempted to characterize Terance DeJuan Wilson as a "frequent filer" who regularly pursues scattershot claims in federal court, Wilson has plausibly alleged employees of Sterling Correctional Facility violated his constitutional rights by reportedly calling him a "snitch" and directing two inmates to jump him.

"(I)structing one inmate to attack another plainly violates the Eighth Amendment," wrote U.S. Magistrate Judge N. Reid Neureiter in his analysis of Wilson's lawsuit.

Wilson is serving a 32-year sentence for killing a member of theSureos gang. He has filed approximately one dozen other civil rights lawsuits during his incarceration, which include claims that prison officials failed to protect him against attacks bySureos members while incarcerated. Such allegations fall under the Eighth Amendment's prohibition on cruel and unusual punishment.

In November 2021, Wilson again sued corrections employees based on a series of incidents in which staff allegedly demonstrated deliberate indifference to his safety. Wilson is a "frequent filer" in the court, responded attorneys for the defendants in asking a judge to toss the case. They said his standard procedure is to "submit pleadings with a host of allegations and complaints, composed with varying degrees of (dis)organization, in hopes ... opposing counsel and the Court will divine a viable legal action from his airing of grievances."

Neureiter found that Wilson, who is representing himself, indeed failed to link certain defendants to any constitutional violation or otherwise neglected to provide sufficient details for certain encounters. But the magistrate judge deemed some of Wilson's allegations of unconstitutional conduct were specific enough to withstand the motion to dismiss.

On April 21, 2021, a prison employee went to Wilson's cell and allegedly began discussing a confidential report Wilson had made pursuant to the Prison Rape Elimination Act. The employee "winked and smiled at plaintiff. Then riled up the pod," Wilson wrote. These actions allegedly led to a white supremacist inmate accosting Wilson, who is Black, and labeling him a "snitch." Wilson reportedly received medical treatment after the inmate assaulted him.

Neureiter, in his July 28 analysis, determined that a corrections official would be acting with deliberate indifference to an inmate's safety by referring to their PREA complaint in front of other prisoners.

"The Tenth Circuit (Court of Appeals) has held that labeling an inmate a snitch and informing other inmates of that label with knowledge of the obvious risk of danger associated with that label violates the Eighth Amendment," Neureiter wrote.

Then in July 2021, prison employees allegedly encouraged two Black inmates to fight each other so they would be removed from the prison. When Wilson reported this to a lieutenant, employees then accused Wilson of "ratting" on them, and instructed the two Black inmates to "get him." Wilson reportedly sustained injuries from the ensuing assault.

Neureiter again found Wilson had plausibly claimed staff had violated his Eighth Amendment rights with their actions. In addition, the officers had engaged in retaliation, given that Wilson exercised his First Amendment right to report the alleged attempts to get inmates to fight.

Finally, Neureiter recommended that Wilson be allowed to proceed with his retaliation claim based on two other incidents. First, prison staff allegedly ransacked his cell 29 times and said it was in response to Wilson's grievances. Second, a corrections officer allegedly issued a retaliatory write-up for Wilson's complaints of assault. The write-up led to Wilson being charged $200 and placed in solitary confinement.

Although Wilson objected in general terms to the magistrate judge's findings, U.S. District Court Senior Judge Christine M. Arguello signed off on Neureiter's recommendation on Aug. 30. In allowing Wilson's Eighth and First Amendment claims to proceed against a total of four corrections employees, Arguello also permitted Wilson to file a new version of his complaint with more specific details about the dismissed claims, including allegations of excessive force.

The case is Wilson v. Long et al.

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Judge allows inmate's lawsuit to proceed against prison officials for failure to protect, retaliation - coloradopolitics.com

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What We’re Reading: Top State Stories 9/1 – The Pew Charitable Trusts

Posted: at 2:28 am

MI: Michigan abortion proposal off ballot for now

freep.com

Michigan's elections panel deadlocked along partisan lines on certifying an abortion rights measure for this fall's ballot that proposed adding an explicit right to seek the procedure in the state. The impasse leaves the measure off the ballot. But a spokesperson for Reproductive Freedom for All said the group plans to file an appeal asking the Michigan Supreme Court to put the proposed constitutional amendment before voters.

miamiherald.com

A law passed by Florida Republicans in reaction to the protests that erupted across the U.S. in the summer of 2020 restricts the right to peaceful assembly, according to a report by a United Nations committee tasked with monitoring human rights across the globe.

jsonline.com

Wisconsin voters who have disabilities that prevent them from returning ballots themselves may receive assistance while voting, a federal judge ruled. U.S. District Judge James Peterson said the federal Voting Rights Act allows disabled voters to have friends or family return their ballots despite a recent state Supreme Court decision that barred such practices.

timesunion.com

New York state Sen. Joseph Addabbo, a Democrat, says the law he authored is aimed at prohibiting sales of nitrous oxide canisters, not the entire can of ready-made whipped cream, to those under 21, as some stores have misinterpreted. The law was meant to deter teenagers from improper use of the chargers to get high from inhaling the nitrous oxide gas. The whipped cream itself is fine, he said.

abqjournal.com

In an executive order, New Mexico Democratic Gov. Michelle Lujan Grisham pledged $10 million to build a state-funded clinic providing abortion and other services and directed the state Department of Health to marshal state resources to expand access to reproductive health including abortion in rural parts of the state.

alaskapublic.org

Fewer Alaska children are getting common vaccinations for debilitating and wildly contagious illnesses like polio. State health data show that from 2013 to 2021, the number of children in Alaska who completed the childhood series of vaccinations decreased from about 60% to about 46%, with a steeper drop off starting in 2020, coinciding with the COVID-19 pandemic.

startribune.com

The Minnesota Department of Human Services failed to provide adequate oversight while awarding tens of millions of dollars of grants to support those experiencing homelessness and others in need of housing assistance, according to a state legislative auditor report.

apnews.com

Oklahoma prosecutors should pursue charges against those who perform elective abortions but should give substantial leeway to doctors treating pregnant women for emergency conditions, the states attorney general wrote in a memo to law enforcement.

nebraskaexaminer.com

Cameron the Capitol Cat, a feline fixture at the Nebraska State Capitol, was reported missing and then found at a humane society in Lincoln. The cat is a celebrity on social media and has a fan club.

argusleader.com

More than a quarter of the correctional officer positions with the South Dakota Department of Corrections are unfilled. State officials hope increasing the starting hourly wage by 17% will help.

indystar.com

The Indiana Supreme Court has upheld the Archdiocese of Indianapolis' firing of a high school teacher over his same-sex marriage, saying the decision is protected by the doctrine of church autonomy under the First Amendment.

stltoday.com

Lawmakers seeking ways to address a suicide crisis among Missouri military veterans heard from several advocates who said psychedelic drugs could provide an answer. The House Interim Committee on Veterans Mental Health and Suicide was meeting against the backdrop of Missouri leading the nation in veterans suicides.

northjersey.com

With the virus that causes polio circulating just over the border in New York state, New Jersey's health department has recommended that some fully vaccinated people get polio boosters. New guidance from state health officials advises that health care providers should get a booster if they come into contact with patients who might have polio or handle specimens from those patients.

texastribune.org

Cotton production has been decimated by drought and extreme heat this year, costing Texas High Plains farmers and other agricultural industries at least $2 billion, according to one estimate. A bad year for cotton spells disaster for Texas, which leads the nation in cotton production.

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What We're Reading: Top State Stories 9/1 - The Pew Charitable Trusts

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Strictly Legal: Jury selection in Trump trial open to the public – The Cincinnati Enquirer

Posted: at 2:28 am

Jack Greiner| Cincinnati Enquirer

Former President Donald Trump is a defendant in an action brought in a trial court in New York (for some reason, the trial court in New York is called the New York Supreme Court I dont get it). The plaintiffs are a group of human rights activists who share a Mexican heritage.They claim they were violently attacked by Trumps security guards as they lawfully assembled in front of Trump Tower in Manhattan.NPR and The Washington Post recently sent a letter to the court asking that they be permitted to attend jury selection in the case. I cant blame them for the request.It should be interesting if not downright entertaining.The court correctly determined that the public and press should be permitted to attend the jury selection. In doing so, the court noted that the United States Supreme Court has recognized that the public has a right to attend criminal trials. And while the Supreme Court has not yet decided whether the public has a right to attend civil trials (like this one), the Supreme Court has noted, historically both civil and criminal trials have been presumptively open. The trial court also noted that the Second Circuit Court of Appeals, which applies to federal cases in New York, has ruled that the public has a First Amendment right of access not only to criminal trials, but to civil trials and their related proceedings and records.The trial court also noted that jury selection is an integral part of the trial. It alluded to a myriad of cases that hold that only a compelling need can justify closing jury selection.The court is obligated to balance the public interest in the jury selection process against any other compelling interest that would justify closing the process to the public.In this case, the trial court had little difficulty finding a public interest in the trial given that it involves the former president of the United States. And it found no compelling reason to shut out the public. It held that [t]he present case concerns allegations of assault and destruction of property, which in themselves do not implicate any privacy concerns which would require restricting public access. It went on to find that "there is no legitimate reason to conclude that public observation of the jury selection or of the trial will result in unfair or unwarranted embarrassment or prejudice to any person."The court also noted, there is no showing that the fact that one of the defendants in this case is the former President will inhibit the candor of the prospective jurors. Instead, it may be fairly stated that the former President engenders strong responses from the public in all that he does, and that the public has no inhibitions in expressing its opinions on the subject of the former President, pro or con.So heres a win for the media.But not a complete victory.While the trial court allowed the media and the public to observe the jury selection, it prohibited "electronic broadcasting or other transmission to the public or radio or television signals from the courtroom, the recording of sound or light in the courtroom for later transmission or reproduction, the taking of motion pictures in the courtroom by the news media, or the taking of still pictures." But even with these restrictions, the public has the ability to be informed about the jury selection here, as it deserves to be.

Jack Greiner is a partner at the Graydon law firm in Cincinnati. He represents Enquirer Media in First Amendment and media issues.

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Strictly Legal: Jury selection in Trump trial open to the public - The Cincinnati Enquirer

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Legal Experts Blast DeSantis Over Suspension of State Attorney – FlaglerLive.com

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More than 100 legal scholars and dozens of former judges, prosecutors and police chiefs are decrying Gov. Ron DeSantis suspension of Hillsborough County State Attorney Andrew Warren, arguing that the move runs counter to professional standards, sets a dangerous precedent and violates the constitutional separation of powers.

The scholars on Tuesday submitted a friend-of-the-court brief in a federal lawsuit in which Warren accuses DeSantis of overstepping his authority and violating the twice-elected prosecutors First Amendment rights.

DeSantis on Aug. 4 issued an executive order suspending Warren, a Democrat, accusing him of incompetence and willful defiance of his duties. DeSantis pointed to a letter Warren signed pledging to avoid enforcing a new law preventing abortions after 15 weeks of pregnancy. Also, the governor targeted a statement Warren joined condemning the criminalization of transgender people and gender-affirming care.

But 115 legal scholars from across the country who focus on ethics and the law denounced DeSantis action, saying Warrens suspension runs counter to professional standards of conduct, usurps the will and power of the electorate and eviscerates the carefully crafted separation of powers erected in the Florida Constitution.

The groups brief argued that prosecutors have discretion over how to spend their offices resources.

Elected prosecutors public statements on controversial questions of criminal law or procedure are not unethical or unprofessional but fulfill their professional obligation to promote law reform while enabling constituents to assess their views on policy relevant to their work, the brief said.

Warrens suspension for what can only be characterized as purely partisan reasons runs counter to professional standards of conduct, usurps the will and power of the electorate and eviscerates the carefully crafted separation of powers erected in the Florida Constitution, the scholars wrote,

DeSantis, who is running for re-election this year and is widely seen as a frontrunner for the 2024 Republican presidential nomination, has used his authority to suspend a number of elected officials since he became governor in early 2019.

On Friday, DeSantis suspended four Broward County school board members based on the recommendation of a grand-jury report. In one of his first actions after taking office, DeSantis suspended former Broward County Sheriff Scott Israel for actions related to a mass shooting at Marjory Stoneman Douglas High School in Parkland and a shooting at the Fort Lauderdale-Hollywood International Airport.

DeSantis, appearing at an event in Live Oak on Tuesday, defended his decision to suspend Warren.

In Florida, we actually said we are going to follow the law across the board, state and local. We had a prosecutor over in Tampa that had said he wasnt going to enforce laws that he doesnt like. So, we removed him from his post, and we said thats not going to happen here, DeSantis said.

The Florida Constitution grants the governor the authority to suspend state officers for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony. State attorneys are considered state officers.

The Florida Senate has the power to remove or reinstate suspended officials. Senate President Wilton Simpson, R-Trilby, has put the proceedings in Warrens case on hold while the lawsuit is pending.

In addition to abortion and transgender treatment, Warren has clashed with DeSantis on other fronts. For example, Warren criticized the way the state has carried out a constitutional amendment aimed at restoring voting rights to felons who have completed their sentences.

Warren, in an interview Wednesday with The News Service of Florida, accused the governor of using the suspension to score political points.

Ive spent my career as a prosecutor and in courtrooms and so I still live in a world where facts matter. I know that the governor is now campaigning for president and so he lives in a political world where apparently, in his view, facts dont really matter, Warren said. The reality is that nobody should want elected officials to have the power to remove other elected officials, just because they dont like the job that theyre doing or they dont like who the people are. This is just, from top to bottom, its truly undemocratic and un-American and illegal, and thats why its being challenged in court.

In a separate brief filed Friday, dozens of former judges and law-enforcement officials, including three retired Florida Supreme Court justices, warned that allowing Warrens suspension to stand would undermine the justice system.

The case presents issues of national importance, said the brief. Officials joining the brief included former Florida Justices Harry Lee Anstead, Barbara Pariente and Peggy Quince.

Governors do not have the authority to disregard the autonomy and independence of prosecutors, nor are they entitled to undermine the will of the voters by removing a prosecutor simply because he exercises the discretion vested in him to make charging decisions or expresses his views regarding appropriate priorities of the justice system, the brief said. Allowing governors to do so would upset the careful balance of roles and responsibilities delegated to local as well as state actors by state constitution, delegitimize our justice system and erode public confidence in the operation of government and the integrity of the election process.

U.S. District Judge Robert Hinkle has scheduled a Sept. 19 hearing on Warrens request to block DeSantis order. Warren was first elected in the 13th Judicial Circuit in 2016 and was re-elected in 2020. The circuit includes only Hillsborough County.

Dara Kam, News Service of Florida

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Legal Experts Blast DeSantis Over Suspension of State Attorney - FlaglerLive.com

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