Archive for the ‘First Amendment’ Category

Troubling interference with media in Uvalde, Texas – Reporters Committee for Freedom of the Press

Were continuing to see reports of concerning efforts in Uvalde, Texas, to interfere with media coverage of the aftermath of the school shooting there, withlaw enforcementandbiker groupsappearing to take steps to keep photojournalists from documenting funerals, and officers threatening reporters with trespass onpublic streetsand as they try andask questionsof public officials.

Reporters Committee Executive Director Bruce Brownaddressed the issuein an op-ed that ran in both the Houston Chronicle and the San Antonio Express-News last week.

Though there is certainly an element of press safety at play here, this isnt about the press, Brown wrote. Its ultimately about the right of a community suffering unknowable loss to have information about what took place, how public officials and community members are responding, and what is being discussed to try to prevent it from happening again.

Concern mounted the week before last after a Chronicle reporter posted avideoshowing that he was physically surrounded by members of a biker group who appear to be trying to prevent him from walking toward a cemetery gate.

The Chronicle and the Express-News alsoreportedthat bikers from several groups physically obstructed cameras within designated media areas, followed reporters and harassed them as they walked closer toward the ceremonies. The same story reported that one member of the group Guardians of the Children, who declined to give her name, said the group was working with the police.

The executive editor for the Express-News, the closest daily newspaper to Uvalde, toldCNNlast week that law enforcement has been closing entire public streets around the funerals. She also said shed been told that bikers were telling family members who wanted to speak to reporters that you dont have to talk to them, just move along.

Additionally, CBS Newss Lilia Lucianoreportedthat a woman who ran into the school to rescue her children, on probation for decade-old charges, received a call from law enforcement who threatened her with obstruction if she spoke to the media. She only shared her story after a judge said she was brave, and that her probation would be shortened.

Were still gathering the facts here, and, legally, the facts will matter. That said, as Brown wrote in his op-ed, if there is any coordination between law enforcement and the biker groups, that is unacceptable.

Further, depending on the nature of any coordination, members of those groups could qualify as state actors, meaning that if they retaliate or harass journalists for their reporting, they could be exposed to legal liability (and theres some question whether they would have defenses, like qualified immunity, that would be available to police).

And if law enforcement or private individuals acting at their behest are trying to intimidate anyone who wants to speak to the press, there could be First Amendment implications as well.

Ultimately, though, what were hearing out of Uvalde suggests a fundamental misunderstanding of the role of the news media in documenting an event like the Robb Elementary School shooting and its aftermath.

No journalist should ever invade the privacy of a suffering parent or relative, and this is not an assignment that any reporter would relish. But all indications are the news media has been respectful of the families, while, rightly, seeking to report on the response to the shooting by law enforcement and public officials.

And, if there were ever a public interest in something, its allowing the families thatwantto tell their stories and share their grief with the nation to do so.

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The Technology and Press Freedom Project at the Reporters Committee for Freedom of the Press uses integrated advocacy combining the law, policy analysis, and public education to defend and promote press rights on issues at the intersection of technology and press freedom, such as reporter-source confidentiality protections, electronic surveillance law and policy, and content regulation online and in other media. TPFP is directed by Reporters Committee attorney Gabe Rottman. He works with Stanton Foundation National Security/Free Press Legal Fellow Grayson Clary and Technology and Press Freedom Project Legal Fellow Gillian Vernick.

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Troubling interference with media in Uvalde, Texas - Reporters Committee for Freedom of the Press

Roy Exum: A Tempest In A Teapot – The Chattanoogan

On Friday the U.S. Attorney and the FBI issued a joint statement that said - yes - we are committed to the First Amendment and the American right to peacefully demonstrate, which is planned for Monday in Washington. But - no - We will not tolerate violence, destruction, interference with government functions, or trespassing on government property, which is also a distinct possibility as well-organized and quite determined protesters plan to block the entrances into The Supreme Court building tomorrow morning..

The idea is if protesters can block access to the building, they can disrupt the court and somehow stave the decision of Roe v.

The rare joint statement, issued by U.S. Attorney Matthew M. Graves and Assistant Director in Charge Steven M. DAntuono of the FBI Washington Field Office, read, The U.S. Attorneys Office for the District of Columbia and the FBIs Washington Field Office are committed to protecting the First Amendment rights of all Americans to express their views peacefully during demonstrations that take place on a regular basis in the nations capital, including at the Supreme Court.

We also have a responsibility to ensure public safety and the orderly conduct of government business, the statement continued.

We will not tolerate violence, destruction, interference with government functions, or trespassing on government property. We are committed to working closely with our local, state, and federal law enforcement partners to stop any individuals who intend to commit violence or criminal activity under the guise of carrying out a demonstration.

The protests thus far, in front of the judges residences, have become increasingly ugly and with the distinct chance the Roe decision could come tomorrow around 10 a.m., law enforcement has become increasingly stiffened. I think there is a lot of vitriol, said Capitol Police chief Tom Manger in an interview with CNN several days ago. Somebody would even say there is hate speech going on between the two sides and that is concerning to me.

Of equal concern to law enforcement is the arrest of an armed gunman at the house of Associate Justice Bret Cavanaugh last week. A 27-year-old identified at Nicholas John Roske flew from California with enough implements and deranged mind to kill Kavanaugh and then commit suicide. This is a lawmans biggest fear since such a lone wolf is nigh impossible to predict.

As it were, two U.S. Marshals were guarding the Kavanaugh home at about 1 a.m. Wednesday after nightly protests and their presence apparently spooked Roske, causing him to call 9-1-1 and turn himself in to Maryland law enforcement. He has been booked on attempted murder and, if found guilty, could serve up to 20 years in prison.

The Capitol police, Washingtons Metro police, and several other agencies admit they are ramping up their forces for tomorrow. The protest organizers plan to meet about 7 a.m., split into three groups, and block the three automobile entrances to the Supreme Court property. DC Metro will launch a Civil Disturbance Unit tomorrow and the Capitol Police are adding overtime shifts, beefing up security, and staying in near-constant contact with local, state, and national law enforcement.

THIS FROM CNN: The increased security comes as the Department of Homeland Security is warning that threats in the U.S. could become even more volatile throughout the summer and the midterm election season, fueled by election-year misinformation and potential violence surrounding a final Supreme Court opinion in a case that stands as a direct challenge to Roe v. Wade's holding of a federal constitutional right to an abortion.

Capitol Police recently warned officers about an abortion-related "Shut Down SCOTUS" protest slated for Monday that's organized by the activist group ShutDownDC. Intelligence officials are particularly concerned about social media posts urging violence against abortion rights protests, according to the Capitol Police memo.

"Like recent large pro-abortion rights demonstrators, counter-protestors are likely, although there are no indications of organized counter protests," the memo said.

The memo notes ShutDownDC has not committed violence in the past, but instead uses nonviolent civil disobedience, which has resulted in arrests at protests. The group has also protested at the homes of members of Congress and Supreme Court justices, the memo said.

The Department of Homeland Security previously warned that the impassioned abortion debate presents risks to protesters, lawmakers, Supreme Court justices and others, and it warned the threats could come from both sides of the issue.

In addition to the pending abortion opinion, the Supreme Court is poised to issue a ruling in its first major Second Amendment case in more than a decade.

Within hours following the leak of a draft opinion from the Supreme Court that would strike down Roe v. Wade, protests broke out at the court, and within days materialized at the homes of several justices.

Security officials at the court responded by erecting a tall, non-scalable fence around the building two days after the leak. The small police department also has leaned on its law enforcement partners to help fill in the gaps in security, especially for justices. The US Marshals Service has said it is assisting.

* * *

You will want to follow this story. And pray everybody involved behaves.

royexum@aol.com

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Roy Exum: A Tempest In A Teapot - The Chattanoogan

With open government on the line, we’re calling Kansas legislators to account – Kansas Reflector

The Kansas Reflector welcomes opinion pieces from writers who share our goal of widening the conversation about how public policies affect the day-to-day lives of people throughout our state. Max Kautsch is an attorney whose practice focuses on First Amendment rights and open government law.

Following one of the more contentious and veto-heavy legislative sessions in recent memory, our states legislators and their constituents have had a few weeks to reflect. Hopefully, we are all thinking about more than just why some bills passed and some didnt. Closely examining that question has become increasingly frustrating because of the way the Legislature operates.

Perhaps we should be thinking more about how those legislative outcomes are the result of a deeply flawed legislative process in desperate need of reform.

I began my post as president of the Kansas Coalition for Open Government at the beginning of this month. The coalition, previously known as the Sunshine Coalition, is a 501(c)(3) nonprofit organization that, since its inception in 1999, has helped make Kansas government more transparent.

As the legal hotline attorney for the Kansas Press Association and Kansas Association of Broadcasters, Ive been on the coalitions board of directors since 2015. The organization serves as a resource for Kansans with questions about the transparency of their state and local government.

Most recently, the coalition put together eight basic ideas for legislative reform that were included in an article published on the Kansas Reflectors website May 8. Those eight proposed reforms involve streamlining and making more transparent the process by which bills become laws. Those suggestions were:

The coalition put together eight basic ideas for legislative reform that were included in an article published on the Kansas Reflectors website May 8. Those eight proposed reforms involve streamlining and making more transparent the process by which bills become laws.

The Reflector tells me that according to its metrics, the May 8 article has been widely read, and it led to a column from the Reflectors Clay Wirestone on May 17 focusing on the eight reforms. But feedback from the legislators themselves?

Crickets, reports editor in chief Sherman Smith.

Kansas voters cannot allow our elected leaders to avoid this crucial issue. Indeed, to achieve the best government possible for the people of this state and prove that our legislators act in the public interest and not their own, they must, at minimum, show a willingness to entertain the suggestions from the May 8 article to improve the legislative process.

After all, if elected leaders are not sensitive to the concerns of their voters, why should they remain in office?

The coalition will be sending an email this week from [emailprotected] to each of the legislators asking: Do you support any of the eight legislative reforms suggested in the Reflectors articles published May 8 and May 17? Why or why not?

To make sure all the legislators receive the email, the coalition has contacted the Legislatures information technology department, and I am reasonably certain that the messages will not go to legislators spam folders. At the very least, we ought to find out whether they are checking their email when not in session.

You can expect a report about the responses a month or so from now in this space. Until then, give some thought to how the Legislature passes these bills, not just why.

Ask yourself: Would I be better off knowing more about how laws are made? If the answer is yes, encourage your legislator to answer the coalitions email. And keep their responses in mind when you vote in August and November.

Through its opinion section, the Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary,here.

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With open government on the line, we're calling Kansas legislators to account - Kansas Reflector

January 6th Committee Hearing: Attorney General William Barr Says That Donald Trump Was Detached From Reality As He Advanced False Election Claims -…

UPDATE: Former Attorney General William Barr has been in the spotlight in this hearing, as the committee has run extensive video of his testimony, in which he talked of how he thought that Donald Trump was detached from reality as he began to embrace conspiracies about the election.

I was somewhat demoralized, because I thought, boy, if he really believes this stuff, he has lost contact hes become detached from reality, Barr said.

Barr said that he met with Trump in the Oval Office to inform him that the Justice Department had not found evidence of widespread election fraud. Barr said that Trump was as mad as Ive ever seen him and he was trying to control himself. He said that Trump told him, You must have said this because you hate Trump.

Barr said that my opinion then and my opinion now is that the election was not stolen by fraud, and I havent seen anything since the election that changes my mind on that.

At one point in his testimony, Barr laughed about Dinesh DSouzas recent movie 2000 Mules, which purports to lay out the case of election fraud. Barr characterized it as bunk.

Former U.S. Attorney BJay Pak testified to some of the false election claims, including one that a black suitcase full of ballots was being seen pulled from under the table, but that it it was actually an official lock box where ballots were kept safe.

Ben Ginsberg, a veteran Republican campaign attorney, testified that the 2020 election was not close, as he noted the number of cases brought by Trump and his allies without actual evidence. Trumps side lost more than 60 times in court, yet that did not stop him from continuing to claim the election was stolen, as he does today.

Committee member Rep. Zoe Lofgren (D-CA) presented a video showing how fundraising emails were used to collect money off of Trumps false election claims, with some murkiness over where the donations were going. A committee investigator said that most of the donations went to Trumps Save America PAC and not to fund the election challenge. Lofgren said that this gave donors a misleading sense of where their money was going.

Not only was there the big lie, there was the big ripoff, she said.

PREVIOUSLY: Former Fox News political editor Chris Stirewalt defended the networks election night call of Arizona for Joe Biden, a moment that drew a furor among Donald Trumps supporters as it signaled that the president would likely lose.

He testified that the networks decision desk was so certain of its controversial election night call of Arizona for Joe Biden well ahead of the competition that even as people were freaking out about it, we were looking at calling other states.

During his testimony, Stirewalt not only defended the call of Arizona but took pride over it, as it aced Fox News rivals. Not until later in the week did they follow in calling the state.

We were able to make a call early, Stirewalt said of the Arizona call. We were able to beat the competition. He said that the networks Decision Desk, partnered with the Associated Press and the National Opinion Research Center, had a different set of data than other networks, and as returns came in, the results lined up with their polling expectations.

His remarks are significant because they show how the election was playing to expectations, and not so unexpected as to give rise to suspicion over the results.

After Nov. 7, when networks called the race for Biden, Stirewalt said, Trumps chances of winning were none, barring something totally unexpected from happening. He said that Trump was better off to play the Powerball than betting he would win the election.

Fox News call of Arizona immediately came under fire from Trump and his allies, who encouraged viewers to instead tune into Newsmax and One America News Network, which were more aggressive in giving a platform to claims that the election was rigged or stolen. In the weeks following the election, Newsmax got a boost in viewership as Fox News dropped off.

Other Fox News personalities, like Maria Bartiromo, Jeanine Pirro and Lou Dobbs, gave a platform to those claims as well. The committee played a clip of Trumps appearance on Bartiromos Sunday morning show in late November, 2020, in which he again made claims about the results, and Rudy Giulianis guest spot on Hannity.

The network is facing defamation lawsuits from two elections systems companies, Smartmatic and Dominion Voting Systems, over claims that personalities and guests made on the air that the firms were involved in rigging the results. Fox News has defended itself by citing the First Amendment public interest in Trumps election claims.

In January, Stirewalt was let go by Fox News. He has said that he was fired, and departed around the same time as Bill Sammon, who retired. Sammon, who was Stirewalts boss, also was involved in the call of Arizona for Biden, and insisted that all of those on the Decision Desk be in unanimous agreement to do so. Stirewalt did not testify about the circumstances of his exit.

Stirewalt said that they knew it would be significant calling the state, but we already knew Trumps chances were very small and getting smaller based on the data they saw.

In video testimony that was played, members of Trumps campaign testified that Fox News call of Arizona was a key moment at the White House. Jason Miller told the committee that the reaction was anger and disappointment because it was Fox News, with many supporters of the president among its personalities, making the call.

We were pleased, but not surprised, Stirewalt said of the Arizona call.

Stirewalt also explained the red mirage. Because Trump attacked mail-in voting, many of the ballots for his reelection were cast on Election Day. In a number of states, those returns were counted first, giving the early impression that Trump was doing well. But so much of the mail-in votes, favoring Biden, had yet to be counted.

Stirewalt said that they went to great pains to warn viewers of the red mirage.

Everyone understood for weeks that was what was going to happen on election night, he said.

Yet Trump, apparently emboldened by an apparently inebriated Rudy Giuliani, in the words of Rep. Liz Cheney (R-WY), went ahead and declared victory on election night, despite advice from his official campaign advisers, including from senior adviser and son-in-law Jared Kushner, that all votes had not been counted and he should hold off on saying that he won the election. Trump, though, said that he had confidence in Rudy.

That quickly led to speculation among the press corps outside the Cannon Caucus Room on what happened, but Politico and other news outlets reported that his wife had gone into labor. Instead, Stepiens attorney will read a statement.

Another marquee name on the agenda is Chris Stirewalt, the former Fox News political editor who was let go after the January 6th attack. Although he has not said what he will testify about, the committee is focused on the origins of Trumps false claims about the 2020 election, including how conspiracy theories spread in traditional and social media.

The broadcast networks are carrying the proceedings live, as they did on Thursday, as are the major cable news networks. That includes Fox News, a change from last week then it chose to skip the hearing last week in favor of its primetime opinion hosts, Tucker Carlson and Sean Hannity, who continued to blast the event as a partisan exercise.

Last weeks hearing drew about 20 million viewers, according to Nielsen, a healthy number for summer viewing although not at the blockbuster level. But the hearing got extensive coverage afterward, as clips were shared across social media.

Stirewalt was dropped from Fox News after the January 6th attack on the Capitol, in what the network said was a restructuring. But Stirewalt later wrote that he was fired from the networkafter defending the Fox News decision deskscall of Arizona for Joe Bidenon Election Night, the first major signal that Trump would lose his bid for re-election. Thattriggered a backlash against the networkby Trump and his supporters.

Stirewalt is now political editor for NewsNation.

A number of House members were in the gallery to watch Mondays proceedings, including Rep. Madeleine Dean (D-PA) and Rep. G.K. Butterfield (D-NC). The hearing is being held in the stately Cannon Caucus Room, with the room, lined with Corinthian pilasters, brightened by TV lights installed in the decorative molded ceiling.

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January 6th Committee Hearing: Attorney General William Barr Says That Donald Trump Was Detached From Reality As He Advanced False Election Claims -...

Letters to the editor for June 12, 2022, edition of The Oklahoman – Oklahoman.com

Oklahoma women should move to Illinois

Presently, the state of Oklahoma suggests the most draconian laws against women in the country. Women, if youre interested in living in a community that respects your dignity and privacy, I welcome you to consider relocating to my great state of Illinois.

Jonny Petrocelli, Markham, Il

Many politicians seem to base their opinions on which way the wind is blowing, not on the wishes of their constituents.

When the Supreme Court decision on abortion was leaked to the press a few weeks ago, our Oklahoma governor and legislators rushed to enact one of the most stringent laws against women and abortion. Although nationwide polls disagreed, some Oklahomapoliticians said it was an essential piece of legislation.They said, "Every life is important and should be saved."

They must have changed their minds after schoolchildren were gunned down in Texas. They admitted it was horrible and sent their prayers, but unfortunately, the NRA stepped in and scared them back into their holes.They now stand up for the Second Amendment and claim everyone has the right to access a military gun that killed these innocent children.Guns have priority over lives that could be saved with good sense restrictions.

Maybe our politicians should listen more and reread the Second Amendment, written when muskets were the guns used.We do not have a militia, but we do have police and sheriff's departments to handle wrongdoing. They do not round up a civilian posse when bad events happen.Therefore, should civilians be able to access military type weapons or packages that could turn a rifle into a repeater gun?Being able to shoot a room of people is not as the Second Amendment states, "being necessary to the security of a free State."

Will politicians ever listen? Will they really care as long as the NRA and pours money into their campaigns?

Nadine Jewell, Oklahoma City

I am heartbroken over the evil that has overcome Uvalde, Texas. And I, as an Oklahoman, am outraged that our system has continued to fail us. Over the last 20 years, weve taught kids to hide, protectand wait for help. More must be done.

Gun-free zones are dangerous, and it is time to protect schools like we protect airports, hospitals, courthousesand banks, and we must stop threats with equal or greater force. I support the Second Amendment and believe that education is the key to gun safety, not legislation. I must be my own first responder to protect myself, my familyand my community, which is why I carry a firearm.

The evil in Uvalde was not caused by a gun, it was caused by a broken system that continues to push paper, policies, and legislation versus solving the root issue. We must heal the pain in our communities, strengthen families, and improve economic opportunities. Most importantly, it is TIME to fund meaningful programs that address mental health, safety, and firearm awareness and training.

Patricia Wisehart, state director, DC Project

News today seems to be either highlighting actions of fear, death and hate and just plain old incompetence.My question is why is it, and what is the real cause?

Is it possible that when we react to the actions and the rhetoric, we stop our thinking process of determining, what deep down, might be the real cause?

If at this time, we really start being inquisitive, we will win.If we stay involved in the symptoms of what is happening in our world, we moan and groan, we cry, and we continue to lose.

So now what?We start digging for answers.This will lead you to determining truth, listening then going and verifying, When we stop believing everything we hear, start being skeptical of so-called leaders.

We will see that the conversations approving of fear, hate and violence are not acceptable, and the ones based on kindness, respect and love are ones we will turn to for information.But no matter what, be skeptical, but listen always kindly.

The incompetence in our political leadership can be addressed, but only with changes allowed in the First Amendment.The strong two-party system has failed Oklahomans, as well as other states. Already states and cities, such as Alaska and NYC, have changed to Rank Choice Voting with positive results.

Dont give up on hope;this mess is fixable, it really is.

Cecil Sterne,Cleveland

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Letters to the editor for June 12, 2022, edition of The Oklahoman - Oklahoman.com