Archive for the ‘First Amendment’ Category

Kevin Lindke sentenced to time served in case involving Facebook posts – Port Huron Times Herald

A resident known for hisonline presence was sentenced to time served in a case involving Facebook posts.

Kevin Lindkewas sentenced to 272 days in jail, with credit for 272 days served. Sharon Parrish, Lindke's advisory council, said she believesLindke will remainin jail for separate litigation in St. Clair County Probate Judge John Tomlinson's courtroom.

Before his sentencing, Lindke said he should not have run from police on March 3 when two sheriff deputiesgave him verbal commands at his parents' house in East China.

In regards to the case involving the social media posts, Lindke said the case raises First Amendment issues. At the time that he posted the messages, he believed the posts were protected under the First Amendment, but he understands now they were not.

"I believe we're venturing into some dangerous territory there for allowing some First Amendment protected speech to be criminalized in the way it is," Lindke said.

St. Clair County Circuit Court Judge Dan Dammansaid thecase is a byproduct of Lindke's long history of litigation with the victims, with litigation still to be resolved.

"You are astute, because you're a smart guy, be careful in how you do things because I think your approach to resolving the issue is going to be viewed just as heavily as your arguments and the law that it encompasses," Damman said.

Between October2020 and February 2021, Lindkesaid at his plea hearing he posted the phone numbers of two women to his Facebook page titled "Through my Eyes."Both women reportedly received messages from people unknown to them that, they said, appeared to further harass or even threaten them with violence.

Lindke pleaded guilty to attempted assaulting, resisting, obstructing a police officer and using computers to commit a crime, both one-year misdemeanors. As part of the plea offer, a count of assaulting, resisting, obstructing a police officer and breaking and entering illegal entry was dismissed at sentencing.

In exchange for admitting to the facts of both cases, the case involving the counts of unlawful posting of a message and using computers to commit a crime was also dismissed at sentencing.

Contact Laura Fitzgerald at (810) 941-7072 or lfitzgeral@gannett.com.

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Kevin Lindke sentenced to time served in case involving Facebook posts - Port Huron Times Herald

Freedom Forum finds new home at The Wharf – WTOP

The nonprofit Freedom Forum which closed its Newseum in D.C. in 2019 has signed a lease for a permanent new home at The Wharf in Southwest D.C.

The nonprofit Freedom Forum which closed its Newseum in D.C. in 2019 and moved operations to a temporary home in D.C.s Americas Square has signed a lease for a permanent new home at The Wharf in Southwest D.C.

The Freedom Forum has signed a lease for 25,000 square feet on the third floor of a new waterfront office building at 610 Water St. SW. It will join news publication The Atlantic, which signed a lease for the majority of the building in 2020.

The Freedom Forum lease means the building is now fully leased nearly one year before it is completed.

The Newseum was home to the Freedom Forum from 2008 to 2019. It sold the building for more than $300 million in 2020 to Johns Hopkins University, which is currently converting the building for educational use. The Freedom Forum closed the Newseum after several years of unsustainable costs.

The Freedom Forums new headquarters will have office space and educational and conference center areas, as well as public spaces for discussions about First Amendment topics with digital media production technology.

The dynamic combination of flexible work and community spaces offer a variety of opportunities, both virtual and in person, to further our First Amendment mission, said Jan Neuharth, chair and CEO of the Freedom Forum.

610 Water Street, part of Phase 2 of The Wharf development, was designed by Morris Adjmi Architects. Its rotated glass structure appears to float above its concrete base. The five-story building was designed to look like a jewel box. It includes a 10,000-square-foot outdoor terrace, one of the largest office building terraces in D.C.

The Freedom Forum was founded in 1991 by USA Today newspaper founder Al Neuharth, with a mission to promote First Amendment freedoms.

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New Rule: Bill Maher Should Look in the Mirror – Washington Monthly

Bill Maher, winner of the First Amendment Award, speaks to the crowd at the 26th Annual Literary Awards Festival at the Beverly Wilshire Hotel on Wednesday, September 28, 2016, in Beverly Hills, California. (Photo by Casey Curry/Invision/AP)

Earlier this month, on his HBO show, Bill Maher lectured Democrats: Youre alienating a whole lot of people, particularly whites without a college degree, he said, because you come across as the Cares-About-Everybody-But-Me Party. He asked, rhetorically, Why is the party that supports so many issues that benefit the middle class still considered out of touch by 62 percent of Americans? Then he answered himself: In plain English, nobody likes a snob Your micro-aggression culture doesnt play in the Rust Belt.

At 65, Maher is in his fourth decade hosting a political comedy show, and hes probably never been taken more seriously. Chris Cuomo gave Maher the whole hour of his prime-time CNN show, Larry King style, to tee off on wokeism. TheDaily Beast columnist Matt Lewis (and my co-host on the Bloggingheads.tv show The DMZ) dubbed the host of Real Time with Bill Maher the most powerful voice critiquing the excesses of the progressive left and defending liberal democracy.

But Maher is not the jester speaking truth to power. He is a hypocrite pushing misinformation. If he wants Democrats to win as badly as he claims, he should either get his facts straight or cancel himself.

First, lets recognize how ridiculous it is for Maher to condemn snobbery. He has been the epitome of the condescending coastal liberal sneering at Middle America through much of his career. In a famously awkward Real Time interview a few days after George W. Bushs reelection in 2004, Republican Senator Alan Simpson scolded Maher for making fun of Americans who have some religious bent or faith. Keep doing that, and your people will never win an election.

Simpsons advice was not heeded. Maher escalated his fight against the devout with the 2008 documentary Religulous, in which he interviews representatives of several faiths and tries to make them look like idiots. He closes the film with an apocalyptic, histrionic monologue in which he declares, The plain fact is, religion must die for mankind to live. (Like Maher, I am a nonbeliever, but the fact is that mankind has lived with religion for a rather long time.)

Two years ago, Mahers snobbery went beyond those who worship God to those who worship fried food. In the course of tweaking the Democratic presidential candidates for supporting expanded health care coverage, Maher said on Real Time, The problem with our health care system is that Americans eat shit and citizens dont lift a finger to help. He wasnt worried about alienating a whole lot of people, particularly whites without a college degree, when he said: Here in America, we look at fried chicken and think, thats a good start. Now put it on a bun, and add bacon, and cheese, and something no one even thought to put on it Europe doesnt look like this because Europe isnt always eating for two.

If youre going to look down on average Americans for what they eat and what they worship, you might not be the best judge of what they want. But Maher could be a hypocrite and still be on the mark. Just because hes looked down on average Americans in the past doesnt mean that the Democratic Party today doesnt do the same.

But lets look more closely at Mahers case.

In his diatribe on November 19, to prove his point that Democrats dont seem to care about noncollege whites, Maher said, You can find ways to stand up for these folks without being David Duke. This month, when the Democrats finally passed their big trillion-dollar bill to rebuild our roads and bridges, six Democrats voted no because it didnt go far enough to address climate change This was free money from the federal government that would actually improve their constituents lives.

But Mahers example makes the opposite point. Only six Democrats voted no, while 215 House Democrats and 50 Senate Democrats voted yes. Lets ask the question again: Why is the party that supports so many issues that benefit the middle class still considered out of touch by 62 percent of Americans? Maybe because people with big media platforms act like the votes of six congressional Democrats define the party more than the other 265.

After noting that Democrats were told racism was the reason for their defeat in Virginias gubernatorial election, Maher cracked, I havent worked up an official Democratic campaign slogan for 2024 yet, but I tell you what I have ruled out is Vote Democrat Because White People Suck. What was the basis of this critique? A tweet by the former Democratic National Committee chair from two decades ago Howard Dean, a tweet from The Atlantics Jemele Hill, and a headline from a blog post by MSNBC.com writer Jahan Jones. None of these people have anything to do with messaging for the Democratic Party, let alone the messaging for Terry McAuliffes losing effort in Virginia. Yet Maher is blaming the Democratic Party for what Democrats are told by some online progressive commentators.

More than anyone, Maher should understand that the Democratic Party should not be defined by what a few progressive commentators say. Back in 2012, Maher made a big show of donating $1 million to the main super PAC dedicated to Barack Obamas reelection. Immediately, conservatives tried to yoke Obama to Mahers habit of using objectifying, misogynistic, and ableist language to describe Sarah Palin and her family. Then Maher continued to cause controversy by referring to Mitt Romneys religion as a cult and deriding his wife, Ann Romney, as someone who had never gotten her ass out of the house to work. But most voters did not see a vote for Obama as a vote for Maher, and Obama won.

Maher is not just unfairly, and hypocritically, defining the Democratic Party with backbencher votes and stray tweets from woke progressives. He is actively pushing false information about what these progressives are actually doing.

During his turn on Cuomo Prime Time, Maher said, When youre doing something that sounds like a headline in The Onion, thats when youve gone too far, you know? Land of Lincoln cancels Lincoln. That really happened. They tore down LincolnsLincoln isnt good enough for them. Seattle, the city council voted to decriminalize crime. This is an Onion headline. I saw one, very recently, maybe babies should vote. Its what I mean about the Party of No Common Sense.

Every one of these examples is misinformation.

Nothing of Lincoln has been torn down in Illinois, though a statue of Lincolns bte noir Stephen Douglas has been removed from the statehouse grounds. Maher is probably referring to last years creation by Chicago Mayor Lori Lightfoot of an advisory committee to review 41 monuments and murals, including five Lincoln statues. But the committee has not yet made any recommendations, and inclusion on the list, according to the committee, is not a condemnation of these monuments, but an opportunity to learn from them. Lightfoot has said, in response to criticism of Lincolns presence on the review list, Lets be clear, were in the Land of Lincoln, and thats not going to change.

The Seattle City Council has not voted to decriminalize crime. Last year, one city councilor proposed an ordinance allowingdismissal of most misdemeanors if the defendant could prove that the crime was driven by poverty, mental illness, or addiction. But the proposal was met with widespread opposition, including from the mayor. A formal bill was never drafted. The issue never came to a vote.

Who said, Babies should vote? Lyman Stone, in a September New York Times op-ed titled The Minimum Voting Age Should Be Zero. And who is Lyman Stone? A demographer who is a fellow at the American Enterprise Institute and the Institute for Family Studies. And what are the American Enterprise Institute and the Institute for Family Studies? Conservative think tanks.

New Rule: Just because something is published in The New York Times does not mean that it is automatically part of the Democratic Party platform.

Presumably, Maher isnt intentionally pushing misinformation to smear Democrats. After all, he has been a Democratic donor. But as a consistent opponent of political correctness, apparently any example of it is too good to fact-check.

Maher is also selective about who he attacks for stupid wokeness. Ive yet to see Maher skewer People for the Ethical Treatment of Animals, who in January urged people to stand up for justice by rejecting supremacist language such as using the words chicken and rat as pejoratives.

Sounds like great fodder for the anti-woke warrior who recently lamented that nobody knows what words mean anymore. Yet three months after PETAs call, Maher didnt mock PETA; he starred in a PSA for PETA. Why? Because Maher is a longtime PETA board member.

Being a PETA board member is not a crime. And maybe poultry shouldnt be synonymous with cowardice. The point is that Maher does not hold himself to the standards he applies to others. When progressives push views that Maher doesnt like, he not only attacks the views, he also blames them for the ills of the Democratic Party, no matter how far removed they are from the party. But if you criticize Maher for his views, he screams political correctness, while donating to Democrats and lecturing them on how to win in the Rust Belt.

So, heres one more New Rule for Bill Maher: Judge the Democratic Party on what the vast majority of Democratic Party officials actually do and actually believe, not on what commentators say on Twitter, let alone on HBO.

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New Rule: Bill Maher Should Look in the Mirror - Washington Monthly

Oversight Republicans urge Democrats to cease oil and gas industry investigation, demand hearing on crisis – Fox Business

Former OMB Director Russ Vought discusses rising gas prices on 'FOX Business Tonight.'

FIRST ON FOX - House Republicans on the Oversight and Reform Committee are sending a letter to Chairwoman Carolyn Maloney, D-N.Y., urging her to cease an investigation into the U.S. oil and gas industry as it relates to climate change.

Maloney and Environment Subcommittee Chairman Rep. Ro Khanna, D-Calif., on Sept. 16 launched an investigation into the fossil fuel industry and sent letters to executives at ExxonMobil, BP America, Chevron, Shell Oil, American Petroleum Institute, and the U.S. Chamber of Commerce, and later subpoenaed documents related to the industry's role in spreading disinformation about the role fossil fuels play in climate change.

"Since its inception, Committee Democrats investigation has been fraught with pre-determined conclusions, reckless accusations, and an abuse of Congress oversight authority," Republicans wrote in their letter. "The most egregious of these abuses is your decision to unilaterally issue subpoenas for documents that strike at the heart of protections offered by the First Amendment."

Chairwoman Rep. Carolyn Maloney (D-NY) speaks at a hearing with the House Committee on Oversight and Reform in the Rayburn House Office Building on November 16, 2021 in Washington, DC. . (Photo by Anna Moneymaker/Getty Images)

The Republican members including House Committee on Oversight and Reform Ranking Member James Comer, Environment Subcommittee Ranking Member Ralph Norman and other Oversight Republicans went on to highlight the increasing cost of gas for U.S. drivers and urged Committee Democrats to hold a hearing on rising energy prices.

INTERIOR CALLS FOR HIKING RATES ON OIL AND GAS COMPANIES TO DRILL ON FEDERAL LANDS

Republicans added that the oil and gas companies from which Democrats subpoenaed documents have already provided more than 200,000 pages of documents.

"The Committee on Oversight and Reform exists to provide the necessary oversight of federal government actions and policies to protect the American people and their taxpayer dollars," the authors of the letter wrote. "This Committee needs to act now and use its authority to address the most pressing issues facing the country. The American people look to our Committee to hold the government accountable for its actions."

Maloney said in statement to Fox News that she strongly supports "President Bidens bold efforts to reduce gas prices and his economic policies that have led to a record 5.6 million jobs createdcompared to more than 3 million jobs lost under President Trump."

"We also must address the climate crisis, and I will not rest until we get to the bottom of the role of the fossil fuel industry in causing the crisis and promoting disinformation to block meaningful climate action," she said.

Ranking member Rep. James Comer (R-KY) speaks at a hearing with the House Committee on Oversight and Reform in the Rayburn House Office Building on November 16, 2021 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)

Maloney, Khanna and other Democrats have compared the fossil fuel industry to the tobacco industry, saying it has covered up information showing how the industry has impacted a "global climate crisis" that has become "increasingly dire."

"As worsening natural disasters linked to global warming devastate communities in the United States and globally, one of Congresss top legislative priorities is combating the increasingly urgent crisis of a changing climate," the chairs said in a Sept. 16 statement. "To do this, Congress must address pollution caused by the fossil fuel industry and curb troubling business practices that lead to disinformation on these issues."

PENNSYLVANIA BRACES FOR HUGE ENERGY PRICE HIKES AS WINTER LOOMS

About two months after launching their investigation, President Biden on Nov. 17 called for the Federal Trade Commission to probe whether oil and gas companies are engaging in criminal conduct by profiting from artificially high prices at the pump, even as wholesale fuel costs decline.

BP, Shell, Chevron, and ExxonMobil reported nearly $2 trillion in profits over about 30 years, as Maloney and Khanna noted in a September press release.

FILE PHOTO: Gas prices grow along with inflation as this sign at a gas station shows in San Diego, California, U.S. November, 9, 2021. REUTERS/Mike Blake/File Photo

Biden under mounting political pressure with inflation at the highest rate in more than three decades urged FTC Chair Lina Khan in a letter to investigate potential wrongdoing by the industry, alleging "mounting evidence of anti-consumer behavior" by the companies.

BIDEN ASKED CHINA TO RELEASE OIL RESERVES TO EASE PRICES

"The bottom line is this: gasoline prices at the pump remain high, even though oil and gas companies' costs are declining," Biden said. "The Federal Trade Commission has authority to consider whether illegal conduct is costing families at the pump. I believe you should do so immediately."

Republicans have criticized a number of the president's decisions as they relate to energy and climate change, including his orders to cancel construction of the Keystone XL pipeline, increase royalty rates for oil and gas leases on federal land and waive sanctions on Russia's Nord Stream II pipeline.

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The Labor Department reported earlier this month that the consumer price index (CPI) climbed 6.2% year over year in October. The increase marked the largest annual gain since November 1990. Prices rose 0.9% month over month.

Energy prices jumped 4.8% last month, and were up 30% over the past year. The October increase was largely the result of a 6.1% rise in the cost of gasoline.

FOX Business' Megan Henney contributed to this report.

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Oversight Republicans urge Democrats to cease oil and gas industry investigation, demand hearing on crisis - Fox Business

The First Amendment and the commerce clause – SCOTUSblog

ByAndrew Hamm on Nov 19, 2021 at 4:10 pm

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Puerto Rican news agencies have a First Amendment right to audio of proceedings in a case of domestic violence that sparked protests and whether a New Jersey levy violates the commerce clause.

Asociacin de Periodistas de Puerto Rico v. Commonwealth of Puerto Rico follows the murder of Andrea Cristina Ruiz Costas by her ex-boyfriend, which led to protests in San Juan, Puerto Rico. Shortly before her death, Ruiz Costas had sought a restraining order and criminal charges against the ex-boyfriend, but the court did not grant her any relief after three separate hearings. After news organizations sought the audio recordings of those proceedings, Puerto Rican courts denied any access on the ground that, because judges have discretion over access to courtrooms hearing domestic violence matters to protect confidentiality, the recordings of the proceedings should remain sealed. In its petition, the Asociacin de Periodistas de Puerto Rico argues that the courts erred in not considering the First Amendment before denying access to the proceedings and that their interpretation violates the First Amendment.

New Jersey imposes a levy on any partnership that derives income from New Jersey, at the flat rate of $150 per partner up to $250,000, regardless of whether the partner is in New Jersey. Ferrellgas Partners, LP is a master limited partnership, which has allowed Ferrellgas to raise capital by selling partnership units that are similar to stock and are traded on the New York Stock Exchange. In its petition, Ferrellgas maintains that from 2009 to 2011, about one percent of its sales were in New Jersey, yet, because it has tens of thousands of partners, New Jersey assessed levies of $250,000 each year, even eclipsing Ferrellgass New Jersey income. Ferrellgas argues that the levy violates the commerce clause because it exceeds the proportion of commerce that takes place in New Jersey. New Jersey courts upheld the levy, however, under an exception on the basis that the levy is a regulatory fee that is locally focused. The case is Ferrellgas Partners, LP v. Director, Division of Taxation of New Jersey.

These and otherpetitions of the weekare below:

Devine v. Absolute Activist Value Master Fund Limited21-622Issue: Whether the voluntary dismissal of a plaintiffs suit underFederal Rule of Civil Procedure 41(a)(1)permanently strips the district court of jurisdiction to consider a motion to modify a previously issued protective order.

Lee v. Garlick21-637Issues: (1) Whether, in granting habeas corpus relief to a state court prisoner, the U.S. Court of Appeals for the 2nd Circuit created a circuit split and denied the state court judgment the deference mandated by28 U.S.C. 2254(d)(1)when it relied on a test that was not clearly established by the Supreme Courts precedents to determine that an autopsy report was testimonial under the confrontation clause; (2) whether the 2nd Circuit violatedYarborough v. Alvaradoby applying an overly specific unreasonable application analysis; and (3) whether the 2nd Circuit violated the harmless error standard inBrecht v. Abrahamsonin ruling that the admission of the autopsy report was not harmless despite (a) uncertainty as to whether the report was admissible to form the basis of an in-court expert opinion, and (b) overwhelming evidence of guilt including surveillance video of James Garlick stabbing the victim to death.

Ferrellgas Partners, LP v. Director, Division of Taxation of New Jersey21-641Issue: Whether a levy that raises revenue for a states general fund, and that is not restricted to the in-state activities of the levy-payor, may be characterized as a locally focused regulatory fee, and thus be imposed without regard to whether it is internally consistent.

Duncan v. Liberty Mutual Insurance Company21-652Issue: Whether a person suffers Article III injury-in-fact when an insurer breaches its contractual obligation to pay for the persons medical care.

Butler v. Porter21-655Issue: Whether remedies underBivens v. Six Unknown Named Agents of Federal Bureau of Narcoticsare categorically unavailable to federal prisoners in any context other than for violations of a federal prisoners Eighth Amendment right to adequate medical care.

Asociacin de Periodistas de Puerto Rico v. Commonwealth of Puerto Rico21-659Issues: (1) Whether courts may summarily close judicial proceedings and deny access to the official recordings of those proceedings without determining whether the First Amendment public access right attaches to them; and (2) whether Article 5.005 of Puerto Ricos Judiciary Act of 2003, as construed by the Puerto Rico Supreme Court to require automatic closure of all domestic violence proceedings and the official recordings of those proceedings, violates the First Amendment public access right underGlobe Newspaper Co. v. Superior Court.

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The First Amendment and the commerce clause - SCOTUSblog