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Arizona state Rep. John Kavanagh knows that being a cop is hard. He spent 20 years as a Port Authority Police Officer before decamping for sunnier climes, so hes always down to back the blue. And so hes sponsored a bill that would make cops lives easier AHEM promote public safety by banning bystanders from recording police from anything closer than eight feet.

Under HB2319 (as amended) which passed out of the Arizona House Appropriations Committee yesterday 7-5 on party lines, it would be illegal to knowingly make a video recording of law enforcement activity, including the handling of an emotionally disturbed person, if the person making the video recording does not have the permission of a law enforcement officer and is within eight feet of where the law enforcement activity is occurring.

The law would not affect the right of the person interacting directly with law enforcement to record, and violation would be a mere petty offense, unless the recorder fails to comply with a verbal warning.

It distracts the cop against the person they are making enforcement against, Kavanagh told the Arizona Mirror, recounting a time he had lost focusduring an arrest and failed to see the suspect dump a large quantity of drugs.

Evidence can be lost, the cop can be assaulted, Kavanagh said, without specifying exactly how a citizen holding up an iPhone is going to cause a cop to be assaulted.

I think you get a better picture from 15 feet away, he added. You get the full scene.

As the Electronic Freedom Foundation points out,the First, Third,Fifth,Seventh,Eleventh Circuits have upheld the right to record police at work, as has the Ninth Circuit which affirmed the right to film police 26 years ago. But Kavanagh has an answer for that, and it is abortion.

Well, obviously.

See, the Supreme Court upheld an eight-foot buffer zone for abortion clinic protestors in 2000, so obviously that means that Arizona can restrict First Amendment activity to stop cops from getting distracted.

I think this fully conforms with constitutionality and weighs officer safety with the citizens right, the publics right, to see law enforcement officers in action, Kavanagh told the AP. And it looks like the state may be about to test that hypothesis, as the law proceeds to the Rules Committee, before heading to the wider chamber for a vote.

Ex-cop lawmaker wants to restrict recording videos of cops [AZ Mirror]House panel OKs revised ban on videotaping police [AP]

Liz Dyelives in Baltimore where she writes about law and politics.

Originally posted here:
Arizona Looks To Protect Cops From That Pesky First Amendment - Above the Law

Current law requires someone running for the Legislature to file an annual statement of economic interest with the Campaign Finance and Public Disclosure Board.

County commissioners, judges and a public or local official in a metropolitan governmental unit must file one after being seated or accepting employment.

Rep. Steve Drazkowski (R-Mazeppa) thinks lobbyists should have to annually disclose certain financial interests, such as their source of income, business interests, investments and securities, within five days of registration as a lobbyist.

His bill, HF2683, was held over Thursday by the House State Government Finance and Elections Committee for possible omnibus bill inclusion. It has no Senate companion.

Legislators have been required to fill this document out because the voters have a right to know who is making payments to their elected officials. This is done to prevent our public servants from receiving money in unethical ways that could lead to a conflict of interest or corruption, Drazkowski said.

He said similar laws exist elsewhere. For example, Connecticut requires annual detailed information on lobbyist compensation and New York requires bi-monthly filing of compensation paid or owed to a lobbyist.

Everyday Minnesotans do not have the time to go through hundreds of pages of campaign finance documents in an effort to follow the money that is influencing their state. However, requiring lobbyists to fill out a statement of economic interest would give voters a straightforward, easy and streamlined way of seeing who is being compensated, what kind of compensation is being received and whose interests are being represented, Drazkowski said.

Eric Hyland has been a registered lobbyist and member of the Minnesota Government Relations Council for 25 years, serving as its president in 2010. Simply inappropriate and unnecessary is how he describes the bill.

Legislators and other public officials must file statements because they have, by election or appointment, been bestowed the responsibility to protect the public interest and public funds, he said. The purpose of these filings is obvious: To create public confidence that the people actually making decisions on behalf of the public are doing so without financial gain. Lobbyists are not public officials; we do not make decisions on behalf of the public. Lobbyists are private individuals who represent clients who are exercising their First Amendment constitutional right to petition their government.

Twice a year for each client, lobbyists must file a public disbursement report with the Campaign Finance and Public Disclosure Board showing, in part, they are being compensated by a client. However, Jeff Sigurdson, the boards executive director, said that report does not show whats received from each organization the lobbyist represents.

Lobbyist compensation is reported by the principal on a principals report. But, Sigurdson noted, that number equals all compensation the principal paid to be represented in Minnesota, not a breakdown in compensation paid to individual lobbyists.

Common Cause Minnesota promotes an ethical government working in the public interest. It believes the bill is good start; however, a letter from Executive Director Annastacia Belladonna-Carrera indicates more teeth is needed regarding violations.

Currently someone who fails to submit the Statement of Economic Interest under 10A.09 pays a fine of $1,000. Perhaps including language that speaks to suspending the lobbyist's privileges would be more attuned with actual accountability, otherwise the effects of HF2683 become symbolic at best and does very little to contribute to increased accountability.

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Lobbyists could be required to disclose financial interests each year - Session Daily - Minnesota House of Representatives - Minnesota House of...

When we think of freedom of speech, the spoken word is usually what comes to mind. But the First Amendment of the federal Constitution (and, hence, Article II, section 7 of Montanas Constitution) also protect symbolic speech.

Symbolic speech is non-verbal action that clearly conveys a specific message to anyone who sees and reads it. It can take the form of public protests, such as sit-ins and marches, demonstrations, wearing buttons, armbands or clothing items such as t-shirts, nudity, flag-waving, flag-burning, burning draft cards and bras, braille, sign language and even non-criminal actions that others might find offensive (the universal one finger salute), to name a few.

My friend, Alan Nicholson, and I were exchanging emails, and he raised an interesting question:

Could the right to vote be an exercise of free speech? I believe that Alan is correct, voting is the exercise of free speech. I suggest that it is a form of symbolic speech.

One commentator put it this way: Voting is an act of pure expression. It is one of the most consequential expressive acts in a persons life, when a voice becomes an action, and those actions dictate how we are governed.

Another author states: It seems like an obvious proposition that a citizen registering to vote or casting a ballot is engaging in free speech, a fundamental right entitled to full protection under the First Amendment to the United States Constitution.

This commentator notes, however, that the US Supreme Court rarely interprets the regulation of voting as it does other regulation of speech that is, with the most stringent form of review, strict scrutiny, applying robust First Amendment law.

Ironically, this from the Court that determined in Citizens United that money equals speech. However, keep in mind a fundamental principle of constitutional law: under its own constitution, a state can provide more protection of a right protected under the federal constitution; but a state cannot provide less protection.

With that principle in mind, assume that registering to vote, filling out a ballot (either mailed or at a polling place) and casting that ballot are actions that are, at the very least, forms of symbolic free speech an expressive non-verbal action that clearly conveys a specific message to anyone who sees and reads it.

Then, add to that the mandates and prohibitions of Montanas Article II, section 13, which states: All elections shall be free and open, and no power, civil or military shall at any time interfere to prevent the free exercise of the right of suffrage. One could hardly craft a stronger protection of the right to vote a constitutional guarantee that all elections must be free and open and prohibiting any civil power (including the legislature, of course) from interfering to prevent the exercise of this right.

Thus, reading together the rights in Articles II, section 7 (free speech and expression) and section 13 (right of suffrage) it is clear (as Alan also observed) that under Montana constitutional law, the right to vote must be protected with no less rigor than is the right of free speech and expression. That is, that both rights, being fundamental rights, any restrictions on the right to vote must be subjected to free speech strict scrutiny analysis.

To that point, Montanas right of free speech proclaims, in pertinent part that: No law shall be passed

impairing the freedom of speech or expression.

Voting being a form of speech and expression means that no law shall be passed impairing the right to vote. And the mandates and prohibitions of Article II, section 13 double-down on that point!

There is simply no constitutional basis by which the legislature, the governor or any public official or branch of government can impair or interfere with Montanans right of suffrage. No law shall be passed .

This article was originally published as: Voting is Free Speech.

Courtesy: Counterpunch.org

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Right to vote - The News International

An Illinois federal district court recently rejected dismissal of Illinois Biometric Information Privacy Act (BIPA) claims in In re Clearview AI, Inc., Consumer Privacy Litigation, No. 21-cv-135 (N.D. Ill.). The Clearview plaintiffs alleged that Clearview violated their privacy rights without their knowledge and consent by scraping more than three billion photographs of facial images from the internet and using artificial intelligence algorithms on the images to harvest individuals unique facial biometric identifiers and corresponding biometric information. Clearview sought dismissal of the BIPA claims under the First Amendment, extraterritoriality doctrine, dormant commerce clause, and BIPAs express exemption for photographs. The court rejected these grounds, and declined to dismiss the BIPA claims.

Clearview first argued that BIPA violates the First Amendment by inhibiting its ability to collect and analyze publicly available photographs and information. The district court rejected this argument, and highlighted that plaintiffs allegations went beyond the mere collection of photographs from the internetand also included alleged harvesting of non-public, personal biometric data. The court accordingly found that Clearviews process of creating a database included both speech and non-speech elements, and applied intermediate scrutiny in its analysis. Analyzing the statute under this framework, the court concluded that BIPA did not violate the First Amendment.

The district court also rejected, at least at the pleadings stage, Clearviews application of the extraterritorial doctrine and dormant commerce clause. Clearview had argued that the scraping of images and creation of the searchable database took place in New York and that Illinois residents make up only a small percentage of the database. The court, pointing to allegations in the complaint that Clearviews conduct affected Illinois residents and that Clearview separately contracted with hundreds of public and nonpublic Illinois entities, concluded that Clearview AIs arguments were too fact intensive to resolve at the motion to dismiss stage.

Lastly, the court rejected Clearviews argument that the photography exemption under BIPA barred plaintiffs claims, citing other Illinois cases that have distinguished between the underlying medium, the photograph, which is not protected by BIPA, and the biometric data inherent in facial geometry of individuals, which BIPA protects. The court therefore declined to hold that BIPA exempts biometric data extracted from photographs.

Continued here:
Court Rejects Dismissal of Illinois Biometric Information Privacy Act Against Clearview AI in Pending Multidistrict Litigation - Lexology

Urged by some for at least a year to adopt an anti-hate resolution, the Thousand Oaks City Councilfinally did Tuesday night in the wake of a recent white supremacist demonstration in Newbury Park.

"It is of deep concern to me that they choseour town … perhaps thinking that their views might be welcomehere," Mayor Bob Engler said. "These reprehensible views are not welcome anywhere, much less in the city we all love."

"The resolution has been attacked as not strong enough or too strong or unnecessary," hesaid. But "to not pass this resolution tonight sends a message, and I'm afraid it will be the wrong message."

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The resolution, introduced by council memberClaudiaBill-de la Pea, was passed on a 4-0 vote with council member Kevin McNamee abstaining on free speech grounds.

Voting for it wereBill-de la Pea, Engler, and councilmen Al Adamand Ed Jones.

The resolution states that while the city "supports the First Amendment rights of all people, and will protect the rights of all to peaceably speak and assemble, the city will also vigorously protect the rights, equality, and safety of all.

Thus, the resolution authorizes the City Council to take "an official position againstbigotry, white supremacy, anti-Semitism and hate speech in the city."

It states that in doing so, the City Council continues to be guidedby its No. 1 goal of creating a "more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status."

Speak out:White supremacists rally in Thousand Oaks; some wonder why city leaders lag in response

The council adopted the resolution atthe conclusion of a lengthy hearing in which several dozen public speakers addressed it, many in favor,many against.

Thousand Oaks resident Cindy Goldberg supportedthe resolution, noting that the councilrefusedto adopt one last year.

"I support the city's public affirmation denouncing racismand bigotry in our community," she said. "There'san old saying that ends, 'if not now, when?'" shesaid.

"I understand that there was anti-racism resolutionpresented to the council last year for review, and it never materialized on the agenda," Goldberg said."I hope this time, the city takes action. It should not be difficultto publicly state that there is no room forhate in Thousand Oaks."

Bill-de la Pea agreed, saying, "I'm glad to have an opportunitythis eveningto do something that should have been done a year ago."

La Shaun Aaron told the councilshe is continually surprised that "you all are so surprised about racism and acts of racism" in Thousand Oaks. "We have spoken time and time again at council meetings … (and)I see complicity and I see silence.

"Some council members and unfortunately some community members as wellkeep coming to these meetings saying, 'Well, I don't see racism.'" said Aaron, co-founder of anti-hate racismgroup 805 Resistance, which unsuccessfully pushedthe councillast year to adopt an anti-hate resolutionand to create an equity commission.

Tim Totonis one of them, saying, there is"a non-existent, manufactured racistsociety narrative.

"The good people of Ventura Countyare sick and tired of race-baiting," he said.

In deciding to abstain, McNamee said that while he does not tolerate any kind of hate, "the challenge here is that it's under freedom of speech and as much as I deploreit, they have the freedom of speech to say so."

"Thereare some racists within our community," he said. "There are some white supremacists within our community. But in total, I don'tsee Thousand Oaks asbeing aracist community."

Hate not welcome:Ventura City Council reaffirms condemnation of racism, white supremacy

Bill-de la Pea introduced the resolutionin response to the white supremacist demonstration Feb 12.

About a dozen masked white supremacistsbriefly unfurled banners from the Highway 101 Borchard Road overpass, including two that said, "White Lives Matter," and "Honk If White Lives Matter."

Another banner said, "We must secure the existence of our people and a future for white children."

According to the Anti-Defamation League'swebsite, that sentence is the so-called "14 words," "the most popular white supremacist slogan in the world."

Using a drone, the demonstrators made a video of the so-called "banner drop," and posted it online on a messaging app calledTelegram.

Officials say the demonstration action was meant to be a recruitment tool.

Newbury Park resident DanielMoody, who monitors hate groups online, said he's certain the white supremacists who conducted the Newbury Park action were members of the Southern California chapterof a white supremacist/neo-Nazi group called White Lives Matter.

Dan Meisel, the ADL's regional director for Ventura, Santa BarbaraandSan Luis Obispocounties, also said the demonstrators appear to be partof the White Lives Matter network. The nonprofit ADL fights anti-Semitism and hate.

Thousand Oaks Police Chief JeremyParis said at Tuesday night's council meeting that the demonstrators don't appear to be local.

"All indications are that … these people came from out of the area," hesaid. "And that this was part of a nationwide planned activity."

Mike Harris covers the East County cities of Moorpark, Simi Valley and Thousand Oaks, as well as transportation countywide. You can contact him at mike.harris@vcstar.com or 805-437-0323.

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Thousand Oaks adopts anti-hate resolution in wake of white supremacist demonstration - VC Star