Daily Archives: December 31, 2023

Kyle Richards’ Style Evolution: Her Best Looks – Us Weekly

Posted: December 31, 2023 at 1:56 am

Kyle Richards takes fashion seriously.

Through the years, The Real Housewives of Beverly Hill star has captivated Us with her luxurious style sense while also giving fans a glimpse of her life on TV. When it comes to her closet, Richards wardrobe consists of a few staples: Kemo Sabe hats, Herms Birkin bags and an array of perfectly tailored suits.

While celebrating the holidays in Aspen with her family, including estranged husband Mauricio Umansky, in December 2023, she was spotted out and about in the ski town wearing a wide-brimmed Kemo Sabe design paired with a Prada puffer jacket, gray jeans and Prada snow boots. She accessorized with dangling feather earrings and wore her hair in a chic braid.

A month before the winter getaway, Richards was a fierce sight at Varietys Women of Reality TV celebration, rocking a black blazer adorned with gold buttons, wide-leg pants and a croc-embossed Herms Kelly bag. (Richards coily revealed she owns 18 Birkin bags during a sit-down with Bravo in December 2023)

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Kyle Richards' Style Evolution: Her Best Looks - Us Weekly

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Criminal Minds: Evolution Season 2’s "Deeper Secrets" Teased By Aisha Tyler – Screen Rant

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Summary

With production expected to start soon, Aisha Tyler teases the "deeper secrets" to come from Criminal Minds: Evolution season 2. The fan-favorite CBS crime procedural returned in the 2022 Paramount+ show with the team of the FBI's Behavior Analysis Unit learning of the rise of a network of serial killers led by Zach Gilford's Elias Voit. Utilizing a more serialized approach to its 10-episode season than the generally disconnected procedural format of its past, Evolution proved to be a hit for the streaming platform, landing a season 2 order halfway through its run.

While speaking with Screen Rant for the Archer series finale, Tyler was asked for some insight on the upcoming Criminal Minds: Evolution season 2. Though keeping mum on specific details for the next episodes, the star did excitedly tease that the show's next chapter will offer some "deeper secrets" for the mysteries set up in the prior season and praised its new streaming home for helping benefit the show. Check out what Tyler shared below:

We set up a lot of really great golden threads last season that I think are going to start to pay off almost right away in the next season. There's obviously some deeper stuff, deeper secrets, layers of hidden intrigue that we just started to kind of pry open at the end of last season, and I think it's gonna be a really, really big, fun, season 17 for Criminal Minds revisited.

But, you know, season 17, it's like, I'm just super lucky to have been on multiple shows that have gone as long as they have, and for Criminal Minds Evolution, to be able to just do more. We've got more time on streaming, we can be a little bit more mature, or more thoughtful. I think people are going to really enjoy how this stuff is going to start to unspool in this new season of CME.

Though season 2 is expected to be a blend of the serialized format of season 1 and the procedural formula used by the original show, there are a number of questions Criminal Minds: Evolution has to answer going into its next season. One of the biggest is the exact nature behind "Gold Star", the phrase uttered by Voit during a heated conversation with Nicholas D'Agosto's Deputy Director Doug Bailey. Some theories point to this being part of the interconnected serial killers, while others argue it stems from some classified government information, especially as Lewis' ex-girlfriend and prosecutor Rebecca seems to have some knowledge of its origin.

Another point of curiosity is what comes next for Voit within the show. Despite his involvement in a wide spree of killings, showrunner Erica Messer has teased that the character will be something of a Hannibal-like figure heading into Evolution season 2, indicating that he would not only avoid being sentenced to death, but would engage in a game of mental chess with the BAU for whether they can effectively end the killer network. Much like Hannibal, however, this could result in his escaping the FBI and resume his own killings in the world.

The biggest mystery longtime fans of the show want to see resolved in Criminal Minds: Evolution season 2 is the return of Matthew Gray Gubler's Spencer Reid. The beloved character didn't appear in season 1 due to a scheduling conflict, with his whereabouts kept vague in order to leave the door open for his return, and Gubler himself has expressed an openness to reprise the role, though no confirmation has been made as of yet. With filming still not yet begun on the next episodes, one can hope that Gubler makes a proper deal with the creative team to return and gets a meaningful arc explaining his absence.

In Criminal Minds: Evolution, the FBIs elite team of criminal profilers come up against their greatest threat yet, an UnSub who has used the pandemic to build a network of other serial killers. As the world opens back up and the network goes operational, the team must hunt them down, one murder at a time. Original cast members continuing their roles include Joe Mantegna, A.J. Cook, Kirsten Vangsness, Aisha Tyler, Adam Rodriguez and Paget Brewster. Zach Gilford joins the dynamic cast as a recurring guest star in a season-long arc.

Saturday: Hili dialogue Why Evolution Is True – Why Evolution Is True

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Welcome to SaturCaturday, December 30, 2023, and, being my birthday, its the LAST DAY OF COYNEZAA. On the Sabbath, too. Its also the worst of all food days: National Baking Soda (Bicarbonate of Soda) Day, presumably to ease your tummy from holiday eating.

Its also Bacon Day (much better, though not kosher), the fifth day of Kwanzaa, and the sixth of the Twelve Days of Christmas.

Readers are welcome to mark notable events, births, or deaths on this by consulting the December 30 Wikipedia page.

Da Nooz:

*I bet a lot of us, including me, have forgotten about the war in Ukraine. Sadly, it doesnt seem to be going well, and on Friday Russia inflicted severe damage on the small country with drone and missile attacks.

Russia fired more than 100 missiles at Ukraine on Friday, President Volodymyr Zelensky said, striking multiple residential buildings, a shopping center and other civilian infrastructure in the biggest barrage so far in an otherwise quiet winter.

The scale of the attack confirmed what many in Ukraine have feared for months that Russia was conserving its missile stocks throughout the fall for massive strikes in the winter. Officials in Kyiv have also warned that stalled U.S. security assistance, which includes ammunition for U.S.-made air-defense systems, could embolden the Russians and place Ukrainian cities in peril.

Britains Defense Minister Grant Shapps said his country was sending hundreds of air-defense missiles to Ukraine to ensure it has what it needs to defend itself from Putins barbaric bombardment.

Putin is testing Ukraines defense and the Wests resolve, hoping he can clutch victory from the jaws of defeat. But he is wrong, Shappssaid in a statement.

The Russians used a mix of ballistic missiles, cruise missiles and drones, Zelensky said. Unlike a year ago, Ukraines improved, Western-provided air-defense systems, which now include the Patriot system, contained the damage, shooting down most of the 110 missiles, the president added. Last year, millions of Ukrainians experienced outages when Russia repeatedly pounded the power grid.

. . . The attacks intended to exhaust Ukraines beefed-up air defense, according to officials hit sites across the country, from Lviv in western Ukraine to Odessa in the south to the capital of Kyiv to Kharkiv and Dnipro in the east. Ukrainian Air Force spokesman Yuriy Ihnattold Ukrainian mediathere had never been so many targets at one time.

One of the missiles was in Polish airspace for a few minutes, which of course entitled Poland to shoot it down. But they lack the capacity. It now looks very dire for Ukraine, and Im sure theyre upset that all the worlds attention is focused on Gaza. And now a lot of Republicans dont seem to want the U.S. to give aid to Ukraine. Im neither a Republican nor agree with that stand.

*Now another state has barred Trump from the Republican primary ballot. That makes two, and for sure its going to the Supreme Court. This was an executive rather than a judicial decision:

Maines top election official Thursday barredDonald Trumpfrom appearing on the states primary ballot, the second time a state knocked the Republican formerpresident off its ballotand escalating a national legal effort to disqualify him from office.

In a 34-pagewritten decision, Maine Secretary of State Shenna Bellows, a Democrat, said the Constitution bars a second Trump term because of his actions surrounding the Jan. 6, 2021, attack on the U.S. Capitol following his loss in the 2020 presidential election.

Her decision, in which she found he is not qualified to hold the office of the President, comes afterColorados highest court ruled last weekthat Trump is ineligible for that states ballot. Both rulings invoked the same section of the post-Civil War 14th Amendment that disqualifies from public office those who swore to defend the Constitution and then engaged in insurrection or rebellion against the U.S.

The provision in the 14th Amendment, intended to keep Confederates from getting governmental power after the Civil War, says this:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Back to the article:

In Maine, eligibility challenges are first adjudicated administratively. The secretary of states ruling, which she issued after holdinga public hearing, marks the first time that a state election authority has excluded the 2024 Republican presidential front-runner from a primary ballot.

In her decision, Bellows said Trump used a false narrative of election fraud to inflame his supporters to prevent a peaceful transfer of power. She accused him of engaging in incendiary rhetoric and failing to take timely action to stop the assault on the Capitol.

The weight of the evidence makes clear that Mr. Trump was aware of the tinder laid by his multi-month effort to delegitimize a democratic election, and then chose to light a match, she wrote.

*And, in Ohio, the Republican (!) governor vetoed a bill that prevented gender-affirming care as well as trans women from participating in girls and womens sports.

Republican Ohio Gov. Mike DeWine vetoeda measureFriday that would have banned gender-affirming care for minors, casting the action out of step with many in his own party as thoughtful, limited and pro-life.

He simultaneously announced plans to move to administratively ban transgender surgeries until a person is 18, and to position the state to better regulate and track gender-affirming treatments in both children and adults.

Thevetoed billalso would have banned transgender athletes participation in girls and womens sports.

At a news conference, DeWine said he is proposing a hybrid approach to gender-affirming care that he hopes can win the support of legislative Republicans who have the votes to override his veto, if they choose as well as serve as a national model to states, asgender-affirming care restrictionsenacted across the country in recent years face lawsuits.

Ultimately, these tough, tough decisions should not be made by the government. They should not be made by the state of Ohio, DeWine said. They should be made by the people who love these kids the most, and thats the parents. The parents who have raised that child, the parents who have seen that child go through agony, the parents who worry about that child every single day of their life.

I havent a firm position on gender-affirming care except that it should be done by an objective therapist, preferably verified by another, that doctors should not be able to begin medical treatment until the gender-dysphoric child is past puberty, and, no, it should not be solely the parents decision. Im not sure what kind of laws can assure that people can still transition knowing the risks, as some people are happy they made that decision, but there has to be some kind of laws given that until youre is of an appropriate age, youre not considered able to make this kind of decision.

As for trans girls and trans women participating in womens sports, thats a big NO to me on the grounds of fairness, and because of the athletic advantage that trans women have. Womens sports should be a womens space except in those sports where theres not a palpable sex difference in ability. Womens sports in Ohio are now doomed, and the governors veto her was very unwise. But you cant veto only part of a bill. They need new legislation that just bans trans women from participating in womens sports.

*Forgetting stuff in your dotage? I am, but its nothing serious, or so I think. If I have a useful thought, I write it down, as Ill often forget it later. Heres some help for the usual memory loss with age in a NYT article called A neurologists tips to protect your memory. Here they are (to see the details of what you have to do, see the article), coming from neurologist Richard Restak:

a.) Pay more attention. Some memory lapses are actually attention problems, not memory problems.

b.) Find regular everyday memory challenges. There are many memory exercises that you can integrate into everyday life. Dr. Restak suggested composing a grocery list and memorizing it. When you get to the store, dont automatically pull out your list (or your phone) instead, pick up everything according to your memory.

c.) Read more novels. [!] One early indicator of memory issues, according to Dr. Restak, is giving up on fiction. People, when they begin to have memory difficulties, tend to switch to reading nonfiction, he said.

I am! Im reading Anthony Doerrs latest novel,Cloud Cuckoo Land

d. ) Beware of technology. Among Dr. Restaks three new sins of memory, two are associated with technology. First is what he calls technological distortion. Storing everything on your phone means that you dontknow it, Dr. Restak said, which can erode our own mental abilities. . . . The second way our relationship with technology is detrimental for memory is because it often takes our focus away from the task at hand.

e.) Work with a mental health professional if you need to. Your mood plays a big role in what you do or do not remember. . . Depression, for instance,can greatly decrease memory. Among people who are referred to neurologists for memory issues, one of the biggest causes is depression, Dr. Restak said. . . . . Your emotional state affects the kind of memories you recall.

f.) Determine whether there is cause for concern. not all memory lapses are problematic. For instance, not remembering where you parked your car in a crowded lot is pretty normal. Forgetting how youarrivedat the parking lot in the first place, however, indicates potential memory issues.

To see if you have a concerning problem, there are doctors who can give you memory tests, and some kinds of dementia can be diagnosed with spinal taps.

*Barry points us to a new Smithsonian article which we all need to read: Thirteen discoveries made about human evolution in 2023. Its very useful to keep up with our genus, and Ill give just four of the 13 discoveries:

Cut marks on a 1.45-million-year-old leg bone are potential evidence for hominins butchering and eating each other. It seems Neanderthals may not have been the only ones with eclectic taste buds. While finding cut marks on animal bones is fairly common after the advent of stone tools in the archaeological record, findingcut marks on hominin bones is much more surprising.

Earliest use of wood for structural purposes is discovered in Zambia. Although stone tools get much of the attention in human evolution, ancient tools were sometimes made from other materials that do not preserve as well as stone. Astudypublished in September by Lawrence Barham and colleagues presentsevidence for the oldest structural use of woodlogs used to build a structure dating to 476,000 years ago.

Homo sapiens originate from two or more African paleo-populations. The researchers used computer modeling to suggest thatour species arose from at least two African populations that interacted and interbred with each other. Fossils from these populations would likely be physically and genetically similar. This study indicates that our species did not arise from a single geographically isolated origin population in Africa.

Homo sapiens were in southeast Asia thousands of years earlier than expected. While ancient DNA allows researchers to investigate our species African origins, new fossils and archaeological sites can shed light on when our ancestors migrated to new places outside of Africa. Apaperpublished in June by Sarah Freidline and colleagues describes new fossils and dates for members of our own species Homo sapiens and found thathumans reached Southeast Asia sometime between 68,000 and 86,000 years ago.

The last one is the most interesting to me because its widely accepted that all modern H. sapiens come from a single migration event out of Africa that occurred about 50,000 years ago. If thats the case, then a different form of Homo, represented by only two bones (part of a skull and tibia) found in a cave in Laos, left Africa a lot longer ago than we think, but then these far-traveling migrants went extinct without leaving descendants.

Meanwhile in Dobrzyn, all three cats wished me a happy birthday! (Im told that Hili is referring to my battles against creationism, wokeness, and antisemitism.)

Kulka: Today is Jerrys birthday.

Hili: You dont have to remind me.Happy birthday, Jerry. I wish you many victorious duels in the next year.

Szaron: Many happy returns of the day.

In Polish:

Kulka: Dzi urodziny Jerrego.

Hili: Nie musisz mi przypomina. Wszystkiego najlepszego, Jerry. ycz ci wielu zwyciskich pojedynkw w przyszym roku.

Szaron: Many happy returns of the day, Jerry.

*******************

From Linda, a Mike Lukovich editorial cartoon. (I presume you get the reference.)

A DUCK cartoon on Rubes by Leigh Rubin from July 04, 2017:

From Kristen on Facebook:

From Masih, more brave unveiled Iranian women. They risk a lot taking off the hijab!

From Malcolm, spider cats:

From Jay. This crow appears to be helping the hedgehog across the road. But did the hedgehog get over the curb?

First tweet: I dont understand it. Second: is that some kind of condor? If so, which one?

Not a good move, careerwise. Shes been fired:

The profile:

From the Auschwitz Memorial, a Dutch girl, only a bit less than two years old, was gassed to death upon arrival.

Two tweets from Professor Cobb. First, one he calls La verit. (Come on, you know some French!)

This one is kot in basket. Be sure to watch the whole short video:

Follow this link:

Saturday: Hili dialogue Why Evolution Is True - Why Evolution Is True

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NBA 2K24 MyTEAM New Year Resolution Adds 14 Evolution Cards – ClutchPoints

Posted: at 1:56 am

This allows players a chance to earn select player items like a Pink Diamond Luka Doncic or Klay Thompson.

14 new Evolution Cards are coming to NBA 2K24 MyTEAM tomorrow as part of the New Year's Revolution event. This allows players a chance to earn select player items like a Pink Diamond Luka Doncic or Klay Thompson. For the first time, Pink Diamond Player Cards become directly available in the Player Market, making them a little more simple to earn this time.

The NBA 2K24 New Year's Resolution event begins on December 29th, and adds 14 evolution cards, including:

The highlight player card in all of this includes the Pink Diamond Luka Doncic. Of course, a 96 OVR card of one of the best players in the league is reasonably coveted by many NBA 2K24 MyTEAM players. Now might be the time to consider grading or selling player items to increase your in-game budget.

Of course, we don't imagine the process of unlocking all these cards will be so easy. Therefore, you'll want to brush up on how the Player Market works if you're new to NBA 2K. Additionally, check out our guide on Card grading to help you earn more out of all unwanted items. Overall, you'll need to learn to wheel and deal before snagging some of these items.

Nevertheless, the nice thing about having these cards in the Player and Pack Markets is that you don't need to win any specific challenges to receive them. That should make it easier for new players and those who don't play as often as others.

However, some people might attest to the pay-to-win aspect of this idea. Since these players are available via Pack/Player Market, there's nothing stopping those with deep wallets to just buy their favorite players. Nevertheless, at least free-to-play users still have a shot.

Regardless, we look forward to getting our hands on some valuable MyTEAM items, especially the Pink Luka Doncic. However, the 96 OVR Klay Thompson also looks enticing. The NBA 2K24 New Year Resolution Event begins on December 29th, 2023.

For more gaming and NBA news, visit ClutchPoints.

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NBA 2K24 MyTEAM New Year Resolution Adds 14 Evolution Cards - ClutchPoints

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Did UW Board of Regents violate former UWL chancellor’s First Amendment rights? An expert weighs in – Channel3000.com – WISC-TV3

Posted: at 1:55 am

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The rest is here:
Did UW Board of Regents violate former UWL chancellor's First Amendment rights? An expert weighs in - Channel3000.com - WISC-TV3

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Judge rules in favor of sanctioned Norfolk NRD member – Lincoln Journal Star

Posted: at 1:55 am

A federal judge Wednesday blocked the Lower Elkhorn Natural Resources District from enforcing sanctions against a board member after she spoke to a local newspaper about a complaint she filed with the executive committee against a fellow board member.

Daniel Gutman, director of the First Amendment Clinic that filed the case on Melissa Temple's behalf, called it an important victory for Temple, and First Amendment principles generally.

"The injunction entered by the Court is an important first step in fully restoring Director Temples rights as a duly elected representative," he said in a statement.

Temple was elected to a four-year term, starting January 2023, representing the eastern half of Norfolk on the Lower Elkhorn NRD, a public board charged with conserving, protecting, developing and managing the natural resources of the state.

Three months into the job she filed a complaint against a fellow board member, Scott Clausen, alleging he had made a "degrading comment" at a public meeting about her ability to serve on the board and had "shown a consistent pattern of misogynistic, inappropriate, and offensive behavior while on the LENRD board."

She asked for sanctions against Clausen, but instead of sanctioning Clausen, a majority of the board voted to remove Temple from subcommittee assignments for a year, barred her from being reimbursed for out-of-district travel expenses and publicly reprimanded her afterdetermining she had violated the district's code of decorum by sharing details of her complaint with the public.

In the lawsuit the first filed by theNebraska College of Laws First Amendment Clinic Gutman sought a preliminary injunction seeking to suspend the sanctions as the case works its way through the federal court, alleging they violated her First Amendment right to free speech and prevented her from doing her duties as a duly-elected board member.

In a 15-page order Wednesday, Senior U.S. District Judge John Gerrard said both sides agreed Temple's statements to the Norfolk Daily News were protected by the First Amendment. While the LENRD tried to characterize the sanctions as a result of Temple's "poor judgment" and "lack of decorum," he said it was clear in the letter recommending sanctions that the executive board wanted to punish her for speaking to the newspaper about Clausen.

The question at this stage was whether Temple had been harmed by the actions in a way that would chill an ordinary person in her position from doing the same again.

Gerrard said it "does not offend the Constitution" to remove Temple from sitting on subcommittees, because they are entirely voluntary and none of her voting rights are implicated.

"Now, whether it should do so in the district's best interest is a separate question to be considered by the political body and by the district's voters," he wrote.

But he found that Temple's speech had been chilled by the board's decision to revoke her right to receive reimbursements to which she's statutorily entitled that add up to about $6,600 a year and for which LENRD already has budgeted.

He said Temple and her constituents are the ones suffering "due to her inability to attend workshops, conferences, and out-of-district LENRD projects."

Gerrard said under the statute the LENRD only had the power to disapprove unnecessary out-of-district travel expenses, and she was likely to be successful on her First Amendment retaliation case as it pertained to sanctions regarding per diem and reimbursement payments.

"The LENRD argues that an injunction would 'erode public confidence in the elective process since the decision to censure (Temple) was made in open session of a public meeting.' Frankly, this whole ordeal has the potential to erode public confidence in the LENRD's ability to govern," the judge said.

He said because Temple is a first-year member of the LENRD with no previous governmental experience, the public particularly those who live in the eastern part of Norfolk is served by her ability to attend trainings and programming relevant to her representation.

Gerrard said he had resolved the issues presented at this stage of the proceedings.

"What the parties must resolve is how they are going to move forward and govern together in 2024. As the calendar turns to a new year in a few days, now is a good time for the parties to determine how they will get along and govern in the best interests of the public," he wrote.

"Les Miserables" coming to Lied Center in January; Two Lincoln men challenging gun charges after Supreme Court rulings; South Lincoln Lazlo's "working on plan to reopen" after fire.

St. Teresa Catholic School students Ephram Rutledge (center) and Paul Johnson (right) sing Christmas songs outside the Governor's Mansion during the inaugural "Hometown Christmas" celebration Sunday.

Nebraska's Lexi Rodriguez (right) places the Nebraska logo on a ticket to Tampa after winning in an NCAA Elite Eight match against Arkansas on Saturday, Dec. 9, 2023, at the Devaney Sports Center.

Rabbi Mendel Katzman, executive director at Chabad of Nebraska and a member of the Omaha Police Department Chaplains Corps, uses the shamash to light a second candle of the menorah on Tuesday during a ceremony in the Capitol Rotunda. In Hebrew the word "menorah" translates to lamp.

Nebraska's Laney Choboy (6) dives into head coach John Cook as she tries to save the ball from going out of bounds in the third set, during an NCAA Regional Semifinal match held at the Bob Devaney Sports Center, on Thursday, Dec. 7, 2023, in Lincoln.

Wearing his black Stetson cavalry hat, Sgt. 1st Class Joseph "Joey" Prichard of Omaha embraces his wife Samantha Prichard on Thursday at the Nebraska National Guard base in Lincoln. This was the second deployment for Prichard, with the first in 2010 to Afghanistan. "It's always a surreal moment. It doesn't hit you until you see them, you know you're coming home," he said. "I couldn't fight the tears. I did it on my first deployment too. I cried when I said goodbye to her, and now when I come home." A total of 91 Nebraska Army National Guard soldiers in the Troop C, 1-134th Cavalry returned to Nebraska on Thursday after a 10-month deployment to the Middle East.

Guests walk by the newly completely hangar-style addition at Lincoln North Star High School during an open house Monday. The $5.4 million expansion will house the school's aviation focus program.

The Journal Star Super-State first team includes (from left) Papillion-La Vista South's Lauren Medeck, Papillion-La Vista's Faith Frame, Bennington's Olivia Mauch, Grand Island's Tia Traudt, Lincoln Southwest's Malayah Long, Papillion-La Vista's Mia Tvrdy and Norris' Anna Jelinek.

The Career Academy students Amber Ortega (left) and Kameron Beckler cook during the annual Lincoln Public Schools culinary competition on Wednesday at The Career Academy.

Creighton's Trey Alexander makes a dunk against Nebraska's Rienk Mast on Sunday, Dec. 3, 2023 during the second half of a game at Pinnacle Bank Arena.

Hana Sindi, from Lincoln, holds a sign and chants alongside fellow protestors on Sunday, Dec. 3, 2023 during a Justice for Palestine march on the pedestrian bridge at Pinnacle Bank Arena. I support Palestinian liberation and freedom from illegal occupation, Sindi said.

11-year-old Dima al-Shorman (left) and her sister, Huda al-Shorman, 12, arrange a miniature farm at a play station on Saturday during the opening day of the new Here We Grow exhibit at Lincoln Childrens Museum.

Nebraska's Kennedi Orr checks her phone as teammate Bekka Allick takes a rest in the locker room after an NCAA Elite Eight match on Saturday, Dec. 9, 2023, at the Devaney Sports Center.

Nebraska's Ally Batenhorst (14) slams down a kill against Georgia Tech's Tamara Otene during an NCAA Sweet 16 match Thursday at the Devaney Sports Center.

Jeremy Charging Hawk (left) counts a handful of dollars he made panhandling with his friend, Calvin, on Friday near 13th and on O streets in downtown Lincoln. A new partnership between CenterPointe and the Lincoln Police Department is designed to keep people experiencing homelessness out of jail.

Bride-to-be Taylor Schulz peruses the wedding dresses on saleat the former location of Dream Dress Express and Tip Top Tux on Saturday in Lincoln.

University of Nebraska-Lincoln assistant professor Aziza Cyamani (second from right) listen as students Wijdan Almamari (right), Will Janecek (from left) and Said Al Mahrouqi discuss their design concept for the Old City Hall on Friday.

Nebraska's Merritt Beason (13) and Bekka Allick (5) celebrate after a block against Missouri in the second setduring a second-round NCAA Tournament match on Saturday at the Devaney Sports Center.

Nebraskas bench erupts as Alexis Markowski is fouled making a basket against Georgia Tech on Saturday, Dec. 2, 2023, during the second half at Pinnacle Bank Arena.

Pius X's Ava Markowski (40) and Millard North's Izzie Galligan (22) fall to the floor as they chase down a loose ball in the first quarter at Lincoln Pius X High School, on Thursday, Nov. 30, 2023.

Bia Espinoza, owner of Susa's Sweets & Balloons, stands at her pop up shop located inside Union Bank Place on Thursday.

Nebraska's Allison Weidner (left) joins her teammates on the bench as they celebrate a point against Florida Atlantic in the third quarteron Wednesday at Pinnacle Bank Arena.

Amanda Docter of Lincoln uses a torch to heat the beginnings of a handmade glass ornament, or "glaskolben," while studio manager Matt Losee watches on Monday during a holiday workshop at Lincoln Hot Glass.

A near-full-moon rises over Memorial Stadium on Sunday, Nov. 26, 2023 in downtown Lincoln.

The first snow of winter falls over the Nebraska State Capitol on Saturday, Nov. 25, 2023 in downtown Lincoln.

Nebraska players, including Quinton Newsome (6), emerge from the tunnel before the game on Friday at Memorial Stadium.

Nebraska's Tamon Lynum (left) watches as Iowa players, from left, Tory Taylor (9), Luke Lachey (85), and Steven Stilianos (86) lift kicker Marshall Meeder (92) to celebrate Meeder's game-winning field goal on Friday at Memorial Stadium.

Nebraska'sJaylen Lloyd (right) celebrates his second quarter touchdown against Iowa with teammate Chubba Purdy on Friday at Memorial Stadium.

Nebraska's Nouredin Nouili (63) embraces his family, including motherMelanieRagaller (left) and sister Luna Ragaller (right),during the Senior Day activities before the Iowa game on Friday at Memorial Stadium.

Robert and Stefanie Kirkland from Lincoln sport turkey costumes during the 5K portion of the YMCA of Lincoln Turkey Trot on Thursday in downtown Lincoln.

Nebraska's Keisei Tominaga celebrates after scoring from beyond the arc in the first half at Pinnacle Bank Arena, on Wednesday, Nov. 22, 2023.

Reach the writer at 402-473-7237 or lpilger@journalstar.com.

On Twitter @LJSpilger

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Judge rules in favor of sanctioned Norfolk NRD member - Lincoln Journal Star

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Requiring Web Sites to Post and Report Terms of Service Doesn’t Violate First Amendment – Reason

Posted: at 1:55 am

So holds Judge William Shubb (E.D. Cal.) in X Corp. v. Bonta:

AB 587 requires that social media companies post their terms of service "in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service." The law also requires that such companies submit twice yearly "terms of service reports" to the Attorney General containing, inter alia, the current version of the terms of service for their platform, as well as a description of content moderation practices used by the social media company for that platform, including, but not limited to, how the company addresses (A) hate speech or racism; (B) extremism or radicalization; (C) disinformation or misinformation; (D) harassment; and (E) foreign political interference.

The "terms of service" as defined in AB 587 appear to bear all of the hallmarks of commercial speech. Under Bolger v. Youngs Drug Products Corporation (1983), there is "strong support" for finding that the speech is commercial where "(1) the speech is an advertisement, (2) the speech refers to a particular product, and (3) the speaker has an economic motivation."

Although the terms of service may not literally be advertisements in the sense of proposing a commercial transaction, they are directed to potential consumers and may presumably play a role in the decision of whether to use the platform. They refer to the company's product or service, i.e., the social media platform, and communicate important information concerning the platform and how users may utilize the product.

There is also an economic motivation implicated by communicating information about the platform in the company's terms of servicewhich social media companies, including X Corp., typically do voluntarilyso that individuals can decide whether they want to use it.

Because the terms of service are part of a commercial transaction and appear to satisfy the Bolger factors, the court will treat the terms of service requirement as a provision requiring commercial speech. Considered as such, the terms of service requirement appears to satisfy the test set forth by the Supreme Court in Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio (1985), for determining whether governmentally compelled commercial disclosure is constitutionally permissible under the First Amendment. The information required to be contained in the terms of service appears to be (1) "purely factual and uncontroversial," (2) "not unjustified or unduly burdensome," and (3) "reasonably related to a substantial government interest."

The reports to the Attorney General compelled by AB 587 do not so easily fit the traditional definition of commercial speech, however. The compelled disclosures are not advertisements, and social media companies have no particular economic motivation to provide them. Nevertheless, the Fifth and Eleventh Circuits [in the Netchoice cases] recently applied Zauderer in analyzing the constitutionality of strikingly similar statutory provisions requiring social media companies to disclose information going well beyond what is typically considered "terms of service."

Following the lead of the Fifth and Eleventh Circuits, and applying Zauderer to AB 587's reporting requirement as well, the court concludes that the Attorney General has met his burden of establishing that that the reporting requirement also satisfies Zauderer. The reports required by AB 587 are purely factual. The reporting requirement merely requires social media companies to identify their existing content moderation policies, if any, related to the specified categories. The statistics required if a company does choose to utilize the listed categories are factual, as they constitute objective data concerning the company's actions. Therequired disclosures are also uncontroversial. The mere fact that the reports may be "tied in some way to a controversial issue" does not make the reports themselves controversial.

While the reporting requirement does appear to place a substantial compliance burden on social medial companies, it does not appear that the requirement is unjustified or unduly burdensome within the context of First Amendment law. "A disclosure is 'unduly burdensome' when the [disclosure] 'effectively rules out' the speech it accompanies." Plaintiff argues that adopting the specified content categories and creating mechanisms to monitor the required metrics would require a vast expenditure of resources, rendering the reporting requirement unduly burdensome. However, AB 587 does not require that a social media company adopt any of the specified categories. Further, Zauderer is concerned not merely with logistical or economic burdens, but burdens on speech.

Finally, the court concludes that the Attorney General has met his burden of showing that the compelled disclosures are reasonably related to a substantial government interest in requiring social media companies to be transparent about their content moderation policies and practices so that consumers can make informed decisions about where they consume and disseminate news and information. Thisinterest is supported by the legislative history. The state's transparency interest is "more than trivial," because social media content moderation is a topic of public concern.

The court also concluded that AB 587 wasn't preempted by 230:

AB 587 only contemplates liability for failing to make the required disclosures about a company's terms of service and statistics about content moderation activities, or materially omitting or misrepresenting the required information. It does not provide for any potential liability stemming from a company's content moderation activities per se. The law therefore is not inconsistent with section 230(c) and does not interfere with companies' ability to "self-regulate offensive third party content without fear of liability."

Note that, unlike the law that was preliminarily enjoined in Volokh v. James(now on appeal to the Second Circuit), which was focused in a viewpoint-based way on supposed "hate speech," AB 587 requires posting of content moderation policies generally, and requires reporting of all such content moderation policies as well. On the other hand, as the opinion notes, AB 587 does target particular viewpoints to some extent: It requires reports to the AG to separately include "A statement of whether the current version of the terms of service defines each of the following categories of content, and, if so, the definitions of those categories, including any subcategories: (A) Hate speech or racism. (B) Extremism or radicalization. (C) Disinformation or misinformation. (D) Harassment. (E) Foreign political interference." I expect that plaintiff will appeal.

The California Attorney General is represented by Gabrielle Downey Boutin.

Continued here:
Requiring Web Sites to Post and Report Terms of Service Doesn't Violate First Amendment - Reason

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Project Veritas’s First Amendment Claim to the Diary of Biden’s Daughter Denied by Judge – Vanity Fair

Posted: at 1:55 am

Criminal prosecutors are expected to get their hands on nearly 1,000 documents related to the alleged theft of the diary of Ashley Biden, the only child of President Joe Biden and Dr. Jill Biden, after a judge rejected the conservative group Project Veritas's First Amendment claim.

Project Veritass attorney, Jeffrey Lichtman, said Monday that the group is considering appealing the ruling, according to a report from The Associated Press. The organization has until January 5 to turn over the material.

The documents stem from November 2021 FBI raids on the homes of the organizations founder, James OKeefe, and two of his associates. Federal agents ultimately seized 47 cell phones, computers, memory sticks, and other electronic devices, according to a report from New York Magazine. OKeefe left the organization last February following a management dispute.

Since the raid, O'Keefe has maintained that the FBI investigation into Project Veritass activitieswhich he argues were legitimate attempts at newsgathering violates the First Amendment. In this effort, hes drawn support from the American Civil Liberties Union, which warned after the raid that, despite Project Veritass well-documented disgraceful deceptions, the precedent set in this case could have serious consequences for press freedom.

In its written arguments before Judge Analisa Torres, lawyers for Project Veritas and OKeefe argued the investigation seems undertaken not to vindicate any real interests of justice, but rather to stifle the press from investigating the Presidents family.

Torres ruled that Project Veritass First Amendment arguments were inconsistent with Supreme Court precedent and that the groups claim to be protecting the identities of a confidential source was voided by the fact that both people who sold the diary to the group pled guilty in August 2022.

In their guilty plea for conspiring to traffic in stolen goods, Aimee Harris and Robert Kurlanderboth of whom are currently awaiting sentencingadmitted they stole Bidens diary from a house in Florida and sold it to Project Veritas for $40,000, hoping to embarrass the then-presidential candidate as he challenged former President Donald Trump. (Before he was elected, Trump was a donor to the organization.)

Project Veritas has admitted it paid Harris and Kurlander, but OKeefe has said the group did not publish any information from the diary after it could not confirm its authenticity.

The court ruling comes two weeks after Hannah Giles, OKeefes replacement as CEO, announced on social media that she was quitting, saying she had stepped into an unsalvageable mess one wrought with strong evidence of past illegality and post-financial improprieties. Giles added that she had brought evidence of illegal behavior to the appropriate law enforcement authorities.

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Project Veritas's First Amendment Claim to the Diary of Biden's Daughter Denied by Judge - Vanity Fair

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Federal judge rules in favor of Lower Elkhorn NRD member in First Amendment case – Kearney Hub

Posted: at 1:55 am

Daniel Gutman, director of the First Amendment Clinic that filed the case on Melissa Temple's behalf, called it an important victory for Temple, and First Amendment principles generally.

"The injunction entered by the Court is an important first step in fully restoring Director Temples rights as a duly elected representative," he said in a statement.

She asked for sanctions against Clausen, but instead of sanctioning Clausen, a majority of the board voted to remove Temple from subcommittee assignments for a year, barred her from being reimbursed for out-of-district travel expenses and publicly reprimanded her after determining she had violated the district's code of decorum by sharing details of her complaint with the public.

In the lawsuit the first filed by the Nebraska College of Laws First Amendment Clinic Gutman sought a preliminary injunction seeking to suspend the sanctions as the case works its way through the federal court, alleging they violated her First Amendment right to free speech and prevented her from doing her duties as a duly-elected board member.

The question at this stage was whether Temple had been harmed by the actions in a way that would chill an ordinary person in her position from doing the same again.

Gerrard said it "does not offend the Constitution" to remove Temple from sitting on subcommittees, because they are entirely voluntary and none of her voting rights are implicated.

"Now, whether it should do so in the district's best interest is a separate question to be considered by the political body and by the district's voters," he wrote.

He said Temple and her constituents are the ones suffering "due to her inability to attend workshops, conferences, and out-of-district LENRD projects."

Gerrard said he had resolved the issues presented at this stage of the proceedings.

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Daily Archives: December 31, 2023

Kyle Richards’ Style Evolution: Her Best Looks – Us Weekly

Criminal Minds: Evolution Season 2’s "Deeper Secrets" Teased By Aisha Tyler – Screen Rant

Saturday: Hili dialogue Why Evolution Is True – Why Evolution Is True

NBA 2K24 MyTEAM New Year Resolution Adds 14 Evolution Cards – ClutchPoints

Did UW Board of Regents violate former UWL chancellor’s First Amendment rights? An expert weighs in – Channel3000.com – WISC-TV3

Judge rules in favor of sanctioned Norfolk NRD member – Lincoln Journal Star

Requiring Web Sites to Post and Report Terms of Service Doesn’t Violate First Amendment – Reason

Project Veritas’s First Amendment Claim to the Diary of Biden’s Daughter Denied by Judge – Vanity Fair

Federal judge rules in favor of Lower Elkhorn NRD member in First Amendment case – Kearney Hub

The Prometheus League

Breaking News and Updates

Prometheism

Forbidden Fruit

The Evolutionary Perspective

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Library Updates

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Future Euvolution

Lucid Dreams from Childhood

Genetic Revolution

Speciation + Self-Directed Evolution