Archive for the ‘Fourth Amendment’ Category

Privacy Isn’t In the Constitution. But It’s Everywhere in Constitutional Law. – FlaglerLive.com

Almost all American adults including parents, medical patients and people who are sexually active regularly exercise their right to privacy, even if they dont know it.

Privacy is not specifically mentioned in the U.S. Constitution. But for half a century, the Supreme Court has recognized it as an outgrowth of protections for individual liberty. As I have studied in my research on constitutional privacy rights, this implied right to privacy is the source of many of the nations most cherished, contentious and commonly used rights including the right to have an abortion.

The Supreme Court first formally identified what is called decisional privacy the right to independently control the most personal aspects of our lives and our bodies in 1965, saying it was implied from other explicit constitutional rights.

For instance, the First Amendment rights of speech and assembly allow people to privately decide what theyll say, and with whom theyll associate. The Fourth Amendment limits government intrusion into peoples private property, documents and belongings.

Relying on these explicit provisions, the court concluded in Griswold v. Connecticut that people have privacy rights preventing the government from forbidding married couples from using contraception.

In short order, the court clarified its understanding of the constitutional origins of privacy. In the 1973 Roe v. Wade decision protecting the right to have an abortion, the court held that the right of decisional privacy is based in the Constitutions assurance that people cannot be deprived of life, liberty or property, without due process of law. That phrase, called the due process clause, appears twice in the Constitution in the Fifth and 14th Amendments.

Decisional privacy also provided the basis for other decisions protecting many crucial, and everyday, activities.

The right to privacy protects the ability to have consensual sex without being sent to jail. And privacy buttresses the ability to marry regardless of race or gender.

The right to privacy is also key to a persons ability to keep their family together without undue government interference. For example, in 1977, the court relied on the right to private family life to rule that a grandmother could move her grandchildren into her home to raise them even though it violated a local zoning ordinance.

Under a combination of privacy and liberty rights, the Supreme Court has also protected a persons freedom in medical decision-making. For example, in 1990, the court concluded that a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment.

The right to decisional privacy is not the only constitutionally protected form of privacy. As then-Supreme Court Justice William Rehnquist noted in 1977, the concept of privacy can be a coat of many colors, and quite differing kinds of rights to privacy have been recognized in the law.

This includes what is called a right to informational privacy letting a person limit government disclosure of information about them.

According to some authority, the right extends even to prominent public and political figures. In one key decision, in 1977, Chief Justice Warren Burger and Rehnquist both conservative justices suggested in dissenting opinions that former President Richard Nixon had a privacy interest in documents made during his presidency that touched on his personal life. Lower courts have relied on the right of informational privacy to limit the governments ability to disclose someones sexual orientation or HIV status.

All told, though the word isnt in the Constitution, privacy is the foundation of many constitutional protections for our most important, sensitive and intimate activities. If the right to privacy is eroded such as in a future Supreme Court decision many of the rights its connected with may also be in danger.

Scott Skinner-Thompson is Associate Professor of Law at the University of Colorado Boulder.

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Privacy Isn't In the Constitution. But It's Everywhere in Constitutional Law. - FlaglerLive.com

Murray, Warren, Wyden, Whitehouse, Sanders Introduce Legislation to Ban Data Brokers from Selling Americans’ Location Data and Health Data | The U.S….

06.15.22

With the Extremist Supreme Court Poised to Overturn Roe v. Wade, the Need to Protect Location and Health Data is More Crucial than Ever

Data Privacy Expert: Health and Location Data Protection Act would fill one of the largest protection gaps in U.S. privacy law

Washington, D.C. Today, Senator Patty Murray (D-Wash.), Chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee, joined Senator Elizabeth Warren (D-Mass.) in introducing the Health and Location Data Protection Act, legislation that bans data brokers from selling some of the most sensitive data available about everyday Americans: their health and location data. The legislation is also cosponsored by Senators Ron Wyden (D-Ore.), Chair of the Senate Finance Committee; Sheldon Whitehouse (D-R.I.); and Bernie Sanders (I-Vt.), Chair of the Senate Budget Committee. The legislation would reign in largely unregulated data brokers, whose data has been used to circumvent the Fourth Amendment, out LGBTQ+ people, stalk and harass individuals, and jeopardize the safety of people who visit abortion clinics for health care.

As extremist Republican lawmakers work around the clock to criminalize essential health servicesincluding abortionpatients private health and location data must be protected, said Senator Murray. Selling peoples most sensitive data to turn a profit isnt just wrongits dangerous, and risks Americans safety as they seek the care they need. Im proud to join my colleagues in introducing the Health and Location Data Protection Act to protect peoples sensitive health dataparticularly as Republicans attack all of our reproductive rights.

Data brokers profit from the location data of millions of people, posing serious risks to Americans everywhere by selling their most private information, said Senator Warren. With this extremist Supreme Court poised to overturn Roe v. Wade and states seeking to criminalize essential health care, it is more crucial than ever for Congress to protect consumers sensitive data. The Health and Location Data Protection Act will ban brokers from selling Americans location and health data, rein in giant data brokers, and set some long overdue rules of the road for this $200 billion industry.

When abortion is illegal, researching reproductive health care online, updating a period-tracking app, or bringing a phone to the doctors office all could be used to track and prosecute women across the U.S. It amounts touterus surveillance. Congress must protect Americans privacy from abuse by far-right politicians who want to control womens bodies. Im proud to work with Senator Warren to introduce theHealth and Location Data Protection Act,said Senator Wyden.

Americans ought to feel confident that their highly sensitive data isnt hocked to the highest bidder without their consent. We need sensible rules for the handling of personal health and location data, especially in light of recent efforts to ban or even criminalize abortion care and other important health care,said Senator Whitehouse.Im pleased to join Sen. Warren in introducing this important bill.

Data brokers collect and sell intensely personal data from millions of Americans, often without their consent or knowledge, reaping massive profits. Largely unregulated by federal law, the unsavory business practices of data brokers pose real dangers to Americans everywhere.

The Health and Location Data Protection Act would:

The legislation is endorsed by a wide range of data and sexual privacy experts, including experts from Duke University, University of Virginia, and Washington University in St. Louis.

Health and location data are incredibly sensitive and can be used for a range of harms, from profiling and exploiting consumers to spying on citizens without warrants to carrying out stalking and violence. Companies should not be allowed to freely buy and sell Americans health and location data, on the open market, with virtually no restrictions. Imposing strong legal and regulatory controls on this dangerous practice is vital to protecting the privacy of every Americanparticularly women, the LGBTQIA+ community, people of color, the poor, and other vulnerable communities, said Justin Sherman, Fellow and Research Lead, Data Brokerage Project, Duke University Sanford School of Public Policy.

This bill provides crucial protection to the privacy of our intimate lives. Our health and location information should not be sold or shared but rather treated with utmost care. It paints a detailed picture of our close relationships, health conditions, doctor visits, and other aspects of our intimate lives for which we expect and deserve privacy. This bill includes strong and clear rules against the sharing of health and location data and civil penalties and injunctive relief to back them up, said Danielle Citron, Jefferson Scholars Foundation Schenck Distinguished Professor in Law and Caddell and Chapman Professor of Law, University of Virginia School of Law & Vice President, Cyber Civil Rights Initiative.

I am happy to endorse Senator Warrens Health and Location Data Protection Act, said Neil Richards, Koch Distinguished Professor in Law and Director of the Cordell Institute, Washington University in St. Louis. For far too long, shadowy networks of data brokers have engaged in an unregulated and unethical trade in our sensitive data for their own profit. This bill would offer significant protections for everyone in our society at a time when the privacy of our health and our location data is becoming ever-more important to our ability to live our lives without fear of betrayal, manipulation, or coercion. The HLDPA would be a significant step in restoring the balance of power between humans and the corporations who trade in their data for profit.

By sharing peoples sensitive and personal information, data brokers fuel harmful surveillance and endanger the most vulnerable members of our society. The Health and Location Data Protection Act would finally begin to rein in these invasive business practices, offering people long-overdue protection from this notoriously unregulated and reckless industry, said Thomas Kadri, Assistant Professor, University of Georgia School of Law.

This is an important bill that will protect digital privacy, and at an especially sensitive time when location data may be used to track those seeking reproductive health services after the Supreme Court decides the Dobbs case, said Elizabeth E. Joh, Martin Luther King Jr. Professor of Law, UC Davis School of Law.

Peoples health and location data leaves them remarkably vulnerable. It can reveal the most intimate aspects of their lives and also opens them up to pervasive tracking, harassment, wrongful discrimination, financial loss, and physical injury. Yet data brokers remain free to sell and share this data in ways that lead to harm and abuse, said Woodrow Hartzog, Professor of Law and Computer Science, Northeastern University. The Health and Location Data Act of 2022 is a desperately needed intervention that would impose substantive limits on the ability of data brokers to trade on our vulnerabilities. This bill wisely avoids ineffective notice and choice approaches and instead draws clear lines prohibiting selling and sharing of our most sensitive data. It would fill one of the largest protection gaps in U.S. privacy law.

Senator Murray has long been a leader in Congress in the fight to protect and expand access to reproductive health care and abortion rights. Since the Supreme Court agreed to hearDobbs v. Jackson Womens Health Organization, Senator Murray hasvowedto fight back and protectRoe v. Wadeand everyones reproductive rightsincluding bybuilding supportand fighting tohold a voteon theWomens Health Protection Act, which would protect the right to abortion nationwide. Since the leaked decision revealed that the Supreme Court was planning to overturnRoe, Senator Murray has been a leader in the Senate pushing back:immediately callingthe decision afive alarm fire,pushingfor a voteon WHPA so every Republican Senator was forced to show the American public where they stood andleadingher colleagues in the fight to protect everyones reproductive rights.

Legislative text is available here. A bill summary is available here.

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Murray, Warren, Wyden, Whitehouse, Sanders Introduce Legislation to Ban Data Brokers from Selling Americans' Location Data and Health Data | The U.S....

The Jan. 6th Committee on Why Oaths Matter – Lawfare

Rep. Bennie Thompson opened his committees hearings on the Jan. 6 insurrection by discussing not just the recent memory of the Capitol riot, but something that happened over 150 years earlier: the Civil War. He was born, he said, in a town midway between Jackson and Vicksburg, Mississippiboth sites of major Union victories that helped turn the tide of the war in 1863. Im from a part of the country where people justify the actions of slavery, Ku Klux Klan, and lynching, Thompson explained. Im reminded of that dark history as I hear voices today try and justify the actions of the insurrectionists of January 6, 2021. And he pointed to the oath of office sworn by himself and his fellow committee members, and highlighted its origin story: The words of the current oath taken by all of usthat nearly every United States Government employee takeshave their roots in the Civil War.

The role of the oath, and the historical lineage behind it, has come up again and again during the select committees hearings on its investigation into the Jan. 6 riot. During the first hearing, not just Chairman Thompson but also Vice Chair Liz Cheney and Capitol Police Officer Caroline Edwards referenced oaths throughout the hearingemphasizing the importance of the solemn promise they made to support and defend the Constitution of the United States against all enemies, foreign and domestic. And in his prepared statement released before the committees third hearing on June 16, retired Judge Michael Luttig wrote, Todays politicians believe that they never have to choose between partisan party politics and country, when in fact they are obliged by oath to choose between the two every day[.] Greg Jacob, counsel to Vice President Mike Pence, likewise referenced Pences commitment to his own oath.

On one level, focus on the oath might seem strange. Why spend this time discussing the matter of the oath sworn by government officials, when every minute spent on that topic is a minute not spent talking about the lawbreaking committed by insurrectionists or the culpability of President Trump and those around him in the violence? But the references made to the oath throughout the June hearings speak directly to how the committee seems to understand the nature of its work and its responsibility to the public. In broadcasting the truth of what happened on Jan. 6, the select committee is underlining the extent to which Trump breached his own presidential oath by encouraging the attack on Congressand what this breach represented as a betrayal of the countrys democratic traditions. And the committee, made up of members of Congress who also swore an oath, is taking the opportunity to play a unique role in reflecting on the nature of the promise that government officials make to the American people.

The president is the federal governments most prominent swearer of an oath, and the presidential oath is the only one whose language is set out explicitly in the constitutional text. But as Thompson reminded viewers, the presidents pledge to preserve, protect, and defend the Constitution is not the only such oath required by that document. The Constitution also provides that members of Congressalong with state legislative officials and judicial and executive officials at both the federal and state levelsshall be bound by Oath or Affirmation, to support this Constitution. The committee portrayed the constitutional oath as the sine qua non of government service, and it put forward its own argument for what fidelity to the oath and the Constitution mean. As Cheney said at the hearings closing:

In our country, we dont swear an oath to an individual, or a political party. We take our oath to defend the United States Constitution. And that oath must mean something. Tonight, I say this to my Republican colleagues who are defending the indefensible: There will come a day when Donald Trump is gone, but your dishonor will remain.

The committee chair and vice chair told the story of Jan. 6 as a day of oaths upheld and broken. Oath talk aboundedThompson, Cheney, and the witnesses uttered the word almost 20 times. For Thompson, the police officers who held the line that day honored their oath, including Edwards, who objected to rioters calling her a traitor to my country, my oath, and my Constitution. Cheney hinted at then-Vice President Mike Pences oath adherence when she spoke of his higher duty to the United States Constitution, which Pences chief of staff made explicit in prerecorded testimony played at the hearing: I think [Vice President Pence] ultimately knew that his fidelity to the Constitution was his first and foremost oath. Cheney also praised Trump-appointed lawyers Jeffrey Rosen and Richard Donoghue as oath faithfuls. These men honored their oaths of office, Cheney said. They did their duty, and you will hear from them in our hearings.

As Thompson said, the oath currently sworn by members of Congress and federal law enforcement like Edwards has its origins in the Civil War. But the preeminence of oaths in American government goes back to its founding. Even before the Constitution was drafted, the Continental Congress adopted in 1778 a requirement that federal officers swear an oath of loyalty to the United States. A few years later, the framers mandated oaths in Article I, Article II, Article IV, and the Fourth Amendment of the Constitution. And the first Congress of the United States passed as its very first law a statute regulating the administration of oaths.

From 1789 onward, officials swore simply to support the Constitution of the United States." During the Civil War, however, Congress developed this language into the far more involved Ironclad Test Oath, committing swearers not only to support and defend the Constitution of the United States, against all enemies, foreign and domestic but also to promise that they had never voluntarily borne arms against the United States or engaged in other acts of disloyalty. The oath was later revised further to make room for service by former Confederatesbut the change to the text in the midst of the fighting speaks to the importance of the oath in affirming a commitment to certain core principles undergirding the nation. Likewise, Congress reaffirmed the sanctity of oaths through the passage of the 14th Amendment, which, in Section 3, bars from holding office any individual who had previously sworn an oath to support the Constitution but then engaged in insurrection or rebellion.

Perhaps the most well-known commentary on the oath comes from Justice Joseph Story, who wrote in Commentaries on the Constitution that oaths have a solemn obligation upon the minds of all reflecting mena proposition that he considered too clear to render any reasoning necessary in support of it. The necessity of the oath, according to Story, comes from the plain right of society to require some guaranty [sic] from every officer, that he will be conscientious in the discharge of his duty. Writing over a century later, Chief Justice William Rehnquist similarly argued that the Constitutions oath requirement aims to assure that those in positions of public trust [are] willing to commit themselves to live by the constitutional processes of our system.

Oaths are solemn, ceremonialized promises tied to institutions and made before witnesses. In that sense, they are political statements. But oaths, as Storys and Rehnquists words suggest, are more than that. To make an oath is to swear not only to do what one has promised to do, but to do ones part to ensure that oaths carry a moral weight that surpasses all other promises.

For this reason, the Jan. 6 committees emphasis on oaths actedsometimes implicitly and sometimes explicitlyas a rebuke of Trump. As one of us has written, the former presidents self-regard and strained relationship with reality arguably makes him a person incapable of understanding or shouldering the moral weight required by the oath. Its telling that, when he spoke at the Ellipse on Jan. 6, Trump rhetorically embraced the Constitution before suggesting that it wasnt binding after all. At first, he referred to the Constitution that he had sworn to protect and defend again and again: Mike Pence is going to have to come through for us, and if he doesnt, that will be a sad day for our country because youre sworn to uphold our Constitution, he said. Were supposed to protect our country, support our country, support our Constitution, and protect our constitution, he added. But near the end of his speech, he effectively conceded that he is willing to dispense with the Constitution when, in his judgment, something has gone wrong: When you catch somebody in a fraud, youre allowed to go by very different rules.

In the first hearing, Cheney contrasted loyalty to the Constitution with the fealty Trump demanded to himself alone when she commented that, In this country, we dont swear an oath to an individual or a political party. We take our oath to defend the United States Constitution. The argument the committee is making here is not just that those opposing the big lie and battling the insurrection honored their oaths; its that Trump, and those who supported him, betrayed those promises. Or perhaps they were incapable of swearing them honestly in the first place.

Trump was not the only person involved in the attack on Congress who swore an oath. According to the latest count from the George Washington University Program on Extremism, 101 of the rioters so far charged by the Justice Department had military experience, meaning they swore a similar oath. Some of these were members of the perversely named Oath Keepers, one of the two extremist groups frequently mentioned throughout the first Jan. 6 hearing. Founded in 2009, the Oath Keepers actively recruit current and former members of the military, law enforcement, and other public safety positions to defend their extremist interpretation of the Constitution.

In a sense, the committee is presenting its own understanding of the oath as historically and morally rooted in a way that Trumps shallow invocation of the Constitutionand the Oath Keepers violent vision of governanceis not. And as members of Congress, the investigators are uniquely positioned to weigh in on that meaning. Or as Thompson put it of the committee members:

All of us have one thing in common. We swore the same oath, that same oath that all members of Congress take upon taking office and, afterwards, every two years if they are reelected. We swore an oath to defend the Constitution against all enemies, foreign and domestic.

They believe themselves to be acting in service of their oath by conducting this investigation. As Thompson put it: I come before you not as a Democrat, but as an American who swore an oath to defend the Constitution. And in their argument, they, not Trump and not the Oath Keepers, are the true guardians of the oaths significance.

Understanding this helps untangle the main questions at the heart of the committees investigation: What is its aim? What would success look like? When these hearings end or when a report is released, there will be no formal pronouncement; Congress already failed to impeach Trump, and there is no jury to deliver a verdict. Besides, the committee has not defined its intended audience beyond vague and predictable references to the American people. Who is it trying to convince, and of what?

Some commentators have argued the committees work is primarily about marshaling the facts and telling the story, with an eye toward creating a historical record. More of them, though, are focused on how the committees work may translate into a criminal case that could be referred to the Justice Department for prosecution. This view implies that the committees investigation will have failed if, at the end of the day, it does not provide enough evidence or build a strong enough case to result in the indictment of Donald Trump.

But Thompsons and Cheneys repeated invocations of oaths suggests that the committee has a differentor at least an additionalpurpose. The first branch of government, after all, is neither a judicial power nor a body meant to take care that the laws be faithfully executed through criminal prosecution. And that is precisely why the committee can use the oath to frame its inquiry. An oath is not justiciable. The FBI cannot investigate adherence to oaths because they are not enforceable as codified law. A prosecutor cannot establish that an oath has been broken by proving certain legal elements beyond a reasonable doubt, and a judge cannot adjudicate it.

What the committee can do, though, is make a public case for Trumps having broken his oath of office and his manifest inability to swear that oath honestlyin other words, for the inconsistency of his actions on Jan. 6 with the Constitution, and for his unfitness to hold positions of public trust. It is not only an effort to prove the supremacy of their own interpretation of the oath or the Constitution it promises to support, but a plea to restore the sanctity of oaths in general. As Cheney said, [O]ur oath to defend the Constitution ... must mean something.

Just as the law lacks legitimacy unless those who make, enforce, and interpret it share a genuine commitment to treat it seriously, so too does an oath lack sanctity unless those who violate it are held to account. The committees emphasis is as much a referendum on Trumps fidelity to the constitutional oath as it is a commentary on the broader importance of oaths to the United States national identity as a country governed by the rule of law. To the committee, it seems the very future of the Republic depends in part on the oathif its leaders can keep it.

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The Jan. 6th Committee on Why Oaths Matter - Lawfare

BLONDER TONGUE LABORATORIES INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an…

Item 1.01 Entry into a Material Definitive Agreement.

As previously disclosed, on October 25, 2019, Blonder Tongue Laboratories, Inc.(the "Company"), R. L. Drake Holdings, LLC, a wholly-owned subsidiary of theCompany, Blonder Tongue Far East, LLC, a wholly-owned subsidiary of the Companyand MidCap Business Credit LLC ("MidCap") entered into a Loan and SecurityAgreement (All Assets) (the "Original Agreement"), which was subsequentlyamended by a Consent and Amendment to Loan Agreement and Loan Documents dated asof April 7, 2020 (the "First Amendment"), a Second Amendment to Loan Agreementdated as of January 8, 2021 (the "Second Amendment"), a Third Amendment to LoanAgreement dated as of June 14, 2021 (the "Third Amendment"), a Fourth Amendmentto Loan Agreement dated as of July 30, 2021 (the "Fourth Amendment"), a FifthAmendment to Loan Agreement dated as of August 26, 2021 (the "Fifth Amendment"),a Sixth Amendment to Loan Agreement dated as of December 16, 2021 (the "SixthAmendment," a Seventh Amendment to Loan Agreement dated as of February 11, 2022(the "Seventh Amendment"), an Eighth Amendment to Loan Agreement dated as ofMarch 3, 2022 (the "Eighth Amendment"), a Ninth Amendment to Loan Agreementdated as of April 5, 2022 (the "Ninth Amendment") and a Tenth Amendment to LoanAgreement dated as of May 5, 2022 (the "Tenth Amendment") and together with theOriginal Agreement, the First Amendment, the Second Amendment, the ThirdAmendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, theSeventh Amendment, the Eighth Amendment, the Ninth Amendment and the TenthAmendment, (the "Loan Agreement").

The parties have entered into an Eleventh Amendment to Loan Agreement, dated asof June 14, 2022 ("Eleventh Amendment"), to, among other things, (i) modify theLoan Agreement's definition of "Borrowing Base" to extend the Company's WIPadvance and the amortization of the Company's overadvance facility until July 1,2022, and (ii) delete in its entirety from the Loan Agreement the Company'sminimum EBITDA covenant. All other substantive terms of the Loan Agreementcontinue in full force and effect.

The foregoing summary of the Eleventh Amendment is not complete and is qualifiedin its entirety by reference to the full text of the Eleventh Amendment, whichis attached as Exhibit 10.1 to this Current Report on Form 8-K and isincorporated herein by reference. In addition, the Original Agreement isattached as an exhibit to our Current Report on Form 8-K filed on October 30,2019, the First Amendment is attached as an exhibit to our Current Report onForm 8-K filed on April 9, 2020, the Second Amendment is attached as an exhibitto our Current Report on Form 8-K filed on January 11, 2021, the Third Amendmentis attached as an exhibit to our Current Report on Form 8-K filed on June 15,2021 the Fourth Amendment is attached as an exhibit to our Current Report onForm 8-K filed on August 2, 2021, the Fifth Amendment is attached as an exhibitto our Current Report on Form 8-K filed on August 30, 2021, the Sixth Amendmentis attached as an exhibit to our Current Report on Form 8-K filed on December17, 2021, the Seventh Amendment is attached as an exhibit to our Current Reporton Form 8-K filed on February 15, 2022, the Eighth Amendment is attached as anexhibit to our Current Report on Form 8-K filed on March 4, 2022, the NinthAmendment is attached as an exhibit to our Current Report on Form 8-K filed onApril 8, 2022 and the Tenth Amendment is attached as an exhibit to our CurrentReport on Form 8-K filed on May 5, 2022. We encourage you to read each of theOriginal Agreement, the First Amendment, the Second Amendment, the ThirdAmendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, theSeventh Amendment, the Eighth Amendment, the Ninth Amendment, the TenthAmendment and the Eleventh Amendment in its entirety.

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an

The information contained in Item 1.01 above with respect to the EleventhAmendment is hereby incorporated by reference into this Item 2.03. Upon adefault under the Loan Agreement, as amended, including the non-payment ofprincipal or interest, the obligations of the borrower may be accelerated andMidCap may pursue its rights under the Loan Agreement, as amended, and therelated pledge agreement, security agreement and guaranty agreement, and underthe Uniform Commercial Code and/or any other applicable law or in equity.

Item 9.01 Financial Statements and Exhibits

(d) Exhibits. The following exhibits are filed herewith:

Edgar Online, source Glimpses

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BLONDER TONGUE LABORATORIES INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an...

Letters to the Editor Saturday, June 18 The Daily Gazette – The Daily Gazette

Some still cant see facts about BidenOn May 11, I wrote a letter to the editor (Difficult to change minds about Trump) praising Vince Dacquistos effort to convince readers that Bidens achievements in office were considerable, notwithstanding his low-approval ratings.I added, I guess Republican candidates prefer to endorse political conduct that strikes at the very heart of our democracy rather than risk losing to a Democrat who has every right to brag about Bidens impressive record.Ray Weidman took issue with the last part of that statement (Bidens record is nothing to brag about) in his June 4 letter (Bidens record is not anything to brag on.)Among other sarcasm, he blamed Biden for inflation, for calling parents who challenged their kids education domestic terrorists and for supplying baby formula to undocumented immigrant mothers while American mothers are left wanting.Ill stand by my statement. True, inflation is biting into peoples budgets, but our inflation rate is the same as Europes and consumer spending remains robust while unemployment has fallen to historic lows.Biden never called protesting parents domestic terrorists. That unfortunate term was written in a letter from the National School Boards Association to the Department of Justice pleading for help to protect school officials from parental threats of violence.As for the baby formula nonsense, a 1997 legal settlement requires border officials to provide adequate food and water to children who have been detained. For infants, that can mean providing baby formula. The Biden Administration would be breaking the law if it did not supply formula and other food for people detained in government facilities.Fred ComoBurnt Hills

Bunch of know-it-alls in Bidens worldIn what might be a continuation of just how the frig did we get to be where we are right now, lets examine Joe Bidens administration.This wont be an in-depth examination; there is no need for that. Its rather simple (like Joe Biden).First off you have Joe Biden as president. There is not a lot to him. Hes not complex. And honestly, his actions both physically and mentally show increased incapacity at any level.So there is your starting point on getting here. You have someone [who thinks they are] in charge that cant complete a complete thought.Secondly, you have an administration cabinet that all know that they are correct as far as what needs to be done and in turn move forward their agenda, independent of anyone else in the administration.Lastly, you have the worker bees of those cabinet posts, and they know that their thinking is the correct way to move forward, and go about doing just what they want.To summarize, in the Biden Administration, everyone knows better than anyone else what needs to be done and how to do it and considers themselves the chief.Gerald V. MarmuscakSchenectady

Twisting of the truth is a major problemA few days ago, I listened to an interview on WAMC, a local radio station. They were interviewing the person who was in charge of a Homeland Security Board, whose mission is to assist agencies and the public with identifying disinformation in our media.The problems of mistruths, half-truths and outright fabrications was and continues to be a huge problem in our country. The sources are both foreign and within the United States.Disinformation apparently is favored by groups more interested in twisting information for their own agenda. The Homeland Security person in charge had just resigned because of the distractions generated by accusations of a few of our elected officials as well as members of the public about her and the Agencys mission.I read in the June 12 Gazette (Stefanik touts counter message) about Congresswoman Elise Stefaniks promotion of disinformation as she dismisses the Jan. 6 hearings as unimportant, when the facts say otherwise that we nearly lost our democracy if not for the bravery and steadfastness of the Capitol Police force. The vast majority of Americans understand this and will turn their backs on those that spread untruths.John Van PattenGlenville

Trump, supporters still enduring biasThis is in reference to the huge picture and bold letters on the June 9 front page of The Daily Gazette for the Associated Press article (The chilling details) advertising again Jan. 6 is disgusting:Nothing can compare to the injustice President Trump and his supporters had to endure for four years. In my opinion, this newspaper is, was, and always will be one sided. And if it wasnt for my 100-year-old mother reading the paper daily to give her something to pass the time, I would not hesitate to cancel this biased paper.If people want to know the real truth about Jan. 6 go towww.j6truth.org.The made-for-TV movie is nothing more than that a movie with bad actors.Kathy GuidarelliSchenectady

Life is about learning from our experiencesWhen we were born the process of learning began. It starts out very simple and develops as we mature. The process of learning is part nature and part nurture as we develop the system of learning that we use in everyday life.Some learning comes naturally while other times it is more difficult. Sometimes we learn intentionally and sometimes it is by accident. We all make mistakes throughout our lives, and they are not always failures, but sometimes they are a learning opportunity in disguise. As we make mistakes, we should adjust our behavior and reactions to find a better way to progress and move forward.If we make the same mistakes over and over again, that can be considered a conscious choice. In order to avoid such situations, we must be aware that there are many choices in life that we can control, and making the best choices in every situation comes from years of learning and progression. Thinking about our past mistakes can allow us to progress in the future in a positive direction.The learning that we have done throughout our lives is incredibly valuable. The wisdom that we acquire is one of the greatest things that we can share with the future generations. My grandmother was a schoolteacher and she often said, It is easier to learn when we pay close attention. Now that I have progressed through life and learned continuously, I see how true that is.Eddie BrushSchenectady

Dems are destroying our great countryDoes anyone still believe we are living in a civilized country? An inept president and Congress, who made huge amounts of money while in the government, are continuing to try and erase Donald Trumps time in office.We have pressing issues like murder, looting and all other crimes (up by 30% to 50%); attacks on Supreme Court justices and their families by crazed, drum-beating, costume-wearing idiots; no baby formula; empty shelves; and inflation at a 40-year high. And yet the Republicans are at fault.The emphasis on transgender, BLM and undocumented immigrants has destroyed our country and the Democrat-led Congress and president are doing nothing to stop it. Why do we pay taxes if we cant get food, and yet money goes to undocumented immigrants with a cash card. Stop it.Geraldine KrawitzSaratoga Springs

Elect hard-working Democrats in NiskyFor the first time in memory, there are primaries for seats on the Niskayuna Democratic Committee.Led by a small group of people who have helped elect Republicans in the last two town elections, they have targeted hard-working committee people they have deemed as not being able to control.I do not support these wasteful and hateful efforts. Neither do most Democrats I speak with as I travel around neighborhoods in town in my wheelchair. The primaries have targeted a disabilities rights advocate, a senior citizen, a woman of color, members of the LBGTQ+ and organized labor communities, former and current elected officials, and the young woman who has fought against hate in our town by taking on a defamatory social media site. (This one is really making me wonder if there is a connection.)All of the people being challenged have worked hard to elect Democrats. Theyve donated money, carried petitions and advocated for their campaigns. The same cannot be said for the challengers.I urge you to support the hard-working Democrats who are working to defend our ideals and elect our candidates. Dont be fooled by people who help elect Republicans.Michele DollarNiskayuna

Bidens inflation and immigration hit us allWhats on your mind this weekend? Mulling over the findings of the Jan. 6 committee perhaps? Fretting over the future of our democracy? Thats what the Democrats are hoping.I think its a stretch. Seriously, at the bar. At the dinner table. At the beach, the cocktail party. At the golf course: Is Jan. 6 the hot topic? No, surely not.Its gas, and how you just paid $100 for a fill-up. Its your $100 grocery bill that used to be $60. Your rent that just went up maybe 30% or more.Money is important, and when you feel yourself going financially backwards, you take notice. I lived through the last inflation spiral and I can tell you, nothing concentrates the mind like a financial shock, and the inflation were seeing has come as a real shock.Wait, theres more: There will be another crisis hitting this weekend.The arrival of a caravan of migrants. It is 30 miles long, tens of thousands strong and arrives in the next two or three days. It may not be a hot conversation topic, but, youre going to see the chaos of our borders unfold on your screens.The political reality is this: On June 9, the Democrats staged political theater about a riot. That was yesterday. Today, Bidens crises take center stage, and theyre not going away.Michela DicaprioSchenectady

Bring pickleball to Rotterdam parkKudos to The Schenectady Daily Gazette for their May 17 story (Looking out of bounds) regarding seniors playing pickleball in The Boys and Girls Club. I am proud to be one of them.We are an ever-growing group of senior residents who, in the past, applied for a city grant to reconstruct courts at Riverside Park in the Stockade. We asked Scotia to resurface, clean and replace one net on their courts in the beautiful Collins Park, where we play in the summer months.I called and requested the town of Rotterdam add pickleball lines to the two existing tennis courts in The Eunice Esposito Park.To date, our pleas have gone unheard or placed on the back burner.Saratoga Springs constructed 10 outdoor courts two years ago, while ADK Pickleball boasts three locations for their residents to play.The Capital District has a Facebook page advising places to play. One only need go on YouTube and search Naples MINTO Margaritaville Tournament to learn the community raised $7 million by hosting their annual event. Granted, the Capital District cannot compare to Naples, Fla., but we can most certainly generate revenue by holding a pickleball tournament, if only we had the courts to play on.Surely, our county representatives in Schenectady can sympathize with their aging constituents who merely want to go to the park, play, exercise and be examples of healthy senior living.Deborah DePoaloRotterdam

Juneteenth wasnt end of slavery in U.S.Regarding Juneteenth National Independence Day, are politicians really that ignorant of history?On June 19, 1865, Union Gen. Gordon Granger marched into Galveston, Texas, and announced that the Civil War was over and that slaves were free based upon Lincolns Executive Order, the Emancipation Proclamation of January 1, 1863. But were slaves really free?Gen. Grangers announcement came two months after Gen. Lee surrendered to Gen. Grant at Appomattox, Va., on April 9, 1865, and Lincolns assassination on April 14, 1865.The Emancipation Proclamation applied only to slaves in the 11 Confederate states where Lincoln had no control, and not to the 24 Union states, six of which still had slaves, including New Jersey, Delaware, Maryland, Missouri, Kentucky and West Virginia. Lincolns order was primarily a political gambit to incite a slave rebellion in the South.Lincolns proclamation was unconstitutional and led to the misunderstanding that slavery was the reason for Southern succession and the Civil War, when in fact it was because of high protectionist tariffs which benefited the North and severely damaged the South.The truth is that slavery was not abolished until Congress and the states adopted the Thirteenth Amendment effective December 6, 1865.Thus, Juneteenth isnt based on truth; its bogus history, virtue signaling, vote buying, and another attempt to divide America and displace the 4th of July.Robert DufresneRensselaer

Santabarbara always there to support cityWhen I first moved to Schenectady, I was determined to make a difference. I became involved with the Committee for Guyana Day and served on the Schenectady School Board of Education. I also learned about our Assemblyman Angelo Santabarbara. We have a lot in common. His parents are immigrants who also came to Schenectady years ago. Our families all came here in search of a better life, where their hopes and dreams could come true with grit, determination and hard work. And the most important thing I learned about Angelo is that he has always been there to support us.I know how important our families well-being is to all of us, and I want to thank Angelo for helping Schenectady families keep more of their hard-earned money with common sense bills.He passed a bill to remove the state gasoline tax, got property tax rebate checks for homeowners, expanded the childcare tax credit and utility bill assistance to help seniors in our community. Most importantly, hes made sure the state budget is fully funding our schools to help lower our property taxes and ensure our kids get the quality education they deserve.Junior D. HitlallSchenectady

McGuirl will be a fine Schenectady judgeI got to know Kate McGuirl when I was a member of the Schenectady City Council, and she was the assistant corporation counsel for the city. We had dozens of interactions over those four years, and I was always impressed with her thoughtfulness, her judgment, her temperament, and her attention to detail. When my term ended, I told her that I expected her to be a judge some day, and here we are.Kate will bring a clear head and a kind heart to the City Court, and I know she will represent the citizens of Schenectady with compassion and sound judgment. I happily endorse her candidacy.Tom Della SalaSchenectady

Second Amendment is to protect rightsThe Gazette has recently focused on mass shootings.The style of rifle used in these crimes and the age of the criminal are cited repeatedly as evidence of the need for change in our laws. Joe Biden parrots the mantra: You dont need 20 bullets to kill a deer.In her May 30 letter to The Gazette (Guns no longer used as Founders intended), Marianna Tomasino suggests that the Second Amendment to the Constitution was written to protect flintlock firearms. Flintlock muskets (not rifles) were the state-of-the-art military firearm in the 18th century. A musket had a significantly greater rate of fire compared to a muzzle loading rifle. A militia man was, when drafted, expected to muster in with that weapon, a bayonet, and a cartridge box. If he did not have these items, the government supplied them, and the cost of the items was deducted from his pay. The citizen was expected to report ready to go to war.The Fourth Amendment used to protect the peoples papers from warrantless search, and that protection was extended to ones electronic devices. Similarly, the weapon a citizen would need to go to war today is not a semiautomatic AR -15 rifle, but an automatic rifle like the M-16s and M-4 carbines Biden gave to the terrorists in Afghanistan.Those rifles are showing up in the Americas, along with the Afghani Heroin. The Second Amendment was included to allow citizens to defend the natural rights of a free people.Art HenningsonScotia

Shine light on the anguish of dementiaThere are 563,000 caregivers in New York for people living with Alzheimers or another dementia.I am one of them.June is Alzheimers & Brain Awareness Month and a chance to shed light on this disease.When I brought my mom home to live with me after a few horrid hospital and rehab center stays, she was no longer able to walk, couldnt use the bathroom on her own, and was experiencing paranoid delusions and hallucinations.My mother is very intelligent and taught in the public school system for 30 years, so to see her in this state was alarming. Slowly my mother is healing, and we finally have a diagnosis Lewy Body Dementia. While it is lesser-known than other forms of dementia like Alzheimers, it is a similarly horrible disease that causes a progressive decline in mental abilities and cognitive functions.I am my moms full-time caregiver, and it is a scary responsibility.And although I could never have prepared fully for this role, I have received great support through the Alzheimers Association and the Eddy PACE program.Julia FeboGlenville

Billionaires taking over control of mediaWhen George Orwell published 1984 in 1949, he figured 35 years would be enough time to bring about that dystopia.He was wrong in assuming that it would be governments that would create what Huxley called the brave new world of totalitarianism.Central to Orwells prediction was the taking over of the media to brainwash the public into unthinking obedience to Big Brother through the propaganda, Newspeak. But, as we approach Orwells vision, it turns out that it isnt government controlling the media but, rather, a handful of billionaires.Billionaire Elon Musks plan to buy control of Twitter is just the most recent evidence. Musk, who is now buddies with Saudi billionaire Prince Alwaleed Talal, claims he wants to make Twitter a platform for free speech around the globe. He also believes Twitter shouldnt have banned Trump.Speaking of whom, that record-breaking poster of lies and hate has plans to create his own social media platform.By far the most influential media billionaire is Rupert Murdoch whose media empire includes not only Fox News but the Times of London, the Wall Street Journal, New York Post and publisher HarperCollins.Billionaire Michael Bloombergs Bloomberg Terminal influences readers throughout the world.In Europe, the family of billionaire Axel Springer owns Die Welt, Bild, Politico, and Insider. And, of course, Billionaire Vladimir Putin controls all Russian media, punishing anyone with his Thought Police who dares to state the truth.Welcome to 1984, 38 years late.Richard W. Lewis, Jr.Glenville

Sooner Russia leaves Ukraine, the betterLast month, Russia declared a victory in the Ukrainian city of Mariupol after a three-month siege of the port city. The Russian attack reduced much of the city to rubble with over 20,000 civilians feared dead.After the devastation, Russian Defense Minister Sergei Shoigu reported that the Azovstal steel plant in Mariupol had been liberated.By employing expressions such as victory and liberated in the context of their unprovoked invasion of Ukraine, the Russians were cynically attempting to represent the destruction and death they had caused in heroic terms. This rhetoric may fool some members of the Russian public; however it did not fool the rest of the world.The capture of Mariupol was not heroic but rather, it was a ruthless takeover of the city by the use of military force. It is Putins intent to take over the entire Ukraine using military force.The truth about Russias invasion of Ukraine was well summed up recently by Boris Bondarev, a Russian diplomat assigned to the United Nations, who posted: The aggressive war unleashed by Putin against Ukraine, and in fact against the entire Western world, is not only a crime against the Ukrainian people, but also, perhaps, the most serious crime against the people of Russia, crossing out all hopes and prospects for a prosperous free society in our country.The only victory and liberation regarding the Russian invasion will occur when Russian forces are driven from Ukraine. We should hope that this will occur sooner rather than later.Don SteinerSchenectady

McGuirl has court experience for judgeJudicial Candidate Andrew Healey sent me political mailers containing variations of this blatant lie: Andrew Healey is the only candidate with trial experience and experience in criminal, civil and municipal law. This is not only misleading, its just false.As her paralegal, I worked alongside Kate McGuirl during her tenure in the citys Office of Corporation Counsel.We gathered evidence and prepared witnesses for hundreds of trials. During complex trials, I sat with Kate. She helped residents, crime victims and city employees illustrate their testimony with the exhibits I handed her from boxes. She meticulously proved her cases. Kates trial success addressed and brought resolution to quality of life issues for residents of the city of Schenectady.Kate McGuirl is the only candidate with the knowledge, experience and integrity to be the next Schenectady city court judge. Please join me in voting for her in the primary on June 28.Tiffany WhiteSchenectady

Take time to study candidates and voteWith the upcoming primary and midterm elections, I respectfully ask my fellow New Yorkers to consider the following:First, find out as much as you can about the candidates. Many local newspapers will give you some background information as well as the candidates stance on various topics.Some candidates have a website which may provide useful information.However, carefully consider what the talking heads or pundits in the media (both the right and the left) are saying.Remember, they are paid to advance an agenda, to get you to vote for their guy and not the other guy. Take what they say with a grain of salt and make up your own mind.Second, after researching the candidates, carefully evaluate them, and perhaps consider voting for someone not in your party.They may be the better choice for what you want from your local, state and federal representatives. If an incumbent is running for re-election, consider whether or not theyve done a good job. If they havent, maybe its time for a change.Third, voting is both a right and privilege, one not to be taken lightly or for granted. Please exercise that right and vote in the upcoming elections.Karen Roarty-DansfieldRotterdam

Support Working Families candidatesThis month, we have an opportunity to propel two Democratic candidates, endorsed by the Working Families Party, to victory this primary season and on to the general election in November.Justin Chaires for the state Assembly, District 111, and Kate McGuirl for Schenectady City Court judge.In todays cultural and political climate, we must take this opportunity to distinguish between mediocre, privileged candidates, who take positions of convenience, from those who have risen from injustice and inequity and who will bring their insight, determination and critical perspectives to elected office.The Working Families Party endorsement is a true litmus test which helps to inform the general public about which candidates truly represent progressive values. Justin Chaires and Kate McGuirl are qualified, prepared and can represent all of us who have been marginalized for generations.This primary season, join me in rejecting privilege. Vote to further destroy the glass ceiling and help Schenectady make history.Do it for the little girls, the transgender and non-binary youth and the little boys who have never seen someone who looks like them in state level elected office representing the city of Schenectady.Chad PutmanSchenectadyThe writer is Schenectady County co-chair, Working Families Party.

Note who made the mess in RotterdamI have been to several Rotterdam Town Board meetings and think it is time to give credit where it is due.1. Who approved a contract for Via-Port, with a downpayment of $1 million without a public hearing?2. Who approved a contract to sell water to Guilderland at a lower rate than Albany or Watervliet were charging them?3. Who agreed to get a new Water Withdrawal Permit to sell water to Guilderland with a mandate from DEC to install water meters in the town at a cost of over $8 million?4. Who changed the well-established accounting practices in the town for over 50 years which created an accounting nightmare for the taxpayers of Rotterdam?5. Last but least, who at the 11th hour changed the fee structure for water and sewers on 12/31/21?Give up? The answer is: the previous Town Board.And who has to clean up the mess: the current Town Board.At election time next year, make sure you Give credit, where it is due.Bob GodlewskiSchenectady

Capitol riot deniers will not get our voteAnyone who denies what happened on Jan. 6, 2021, is just as guilty of attacking our democracy as those misguided people who did the assault.First and foremost is Rep. Elise Stefanik, who we all know considers the former president her mentor; he, who fueled the attack on our Capitol, our democracy.In our opinion, any person running for election who denies what happened on Jan. 6 will not get our votes.Our only hope is that true Americans will feel the same way and vote the same way.Vincent and Carol CarelliAmsterdam

Justice in America no longer about fairnessFederal (alphabet) law enforcement is playing cat and mouse with the protection of Supreme Court judges. Hedging their bets.DOJ intelligence knows who the agitators are.The agitators are operatives of the Democrat Party, a protected class.It would be naive to think that federal law enforcement does not do the will of the state, not the people.When the state becomes the exclusive tool of one political party, you have fascism. This is where we are in America.When a candidate for office has a legal issue pertaining to his campaign, the candidate goes judge shopping. That expression should put fear in your heart.Justice is not blind in America, justice is AWOL.The definition of justice is as follows.1. The quality of being just; fairness.2. The principle of moral rightness; decency.3. Conformity to moral rightness in action or attitude; righteousness.See much of this definition in the American legal system?Silence in the presence of injustice is the essence of injustice.Edmond DayRotterdam

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Categories: Letters to the Editor, Opinion

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Letters to the Editor Saturday, June 18 The Daily Gazette - The Daily Gazette