tagged w/ First Amendment
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I will let her ustream bio speak for it’s self.
Nicole Sandler hosted The Nicole Sandler Show on Air America radio until the network called it quits. She’s now taken her show online, and welcomes listeners into her home studio! With the camera rolling, she’s free to say, do and play anything… Radio or Not! Listen live Monday through Thursday mornings 10-noon ET, or any time via the archives!I will let her ustream bio speak for it’s self.
Nicole Sandler hosted The... more
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Our government conducts business in secret. The First Amendment is gone...there are MAYBE nine amendments left in the Bill of Rights.
"WASHINGTON -- In a stunning break with First Amendment policy on Capitol Hill, House Republicans directed Capitol Hill police to detain a highly regarded documentary crew that was attempting to film a Wednesday hearing on a controversial natural gas procurement practice. Republicans also denied the entrance of a credentialed ABC News news team that was attempting to film the event."Our government conducts business in secret. The First Amendment is gone...there are... more
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Kentucky Republican Sen. Rand Paul announced Wednesday that he would filibuster any attempt by Senate Majority Leader Harry Reid to bring the Protect IP Act (PIPA) to a vote.
PIPA, the Senate version of the Stop Online Piracy Act (SOPA), is being sponsored by Vermont Democratic Sen. Patrick Leahy and pushed by Reid as a “job creator.”
The bills would ostensibly crack down on online copyright infringement, but critics contend that the legislation would also challenge free speech and the ability of large websites to function.
Texas Republican Rep. Lamar Smith, the sponsor of SOPA, announced Tuesday that the bill would continue to undergo markup in the House Judiciary Committee, which he chairs, in February.
http://runrandrun.com/legislation/rand-paul-promises-to-filibuster-censor-the-internet-legislation/Kentucky Republican Sen. Rand Paul announced Wednesday that he would filibuster any... more
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It's like an unspoken, almost sacred concept in copyright law. It's the public domain, where cultural creations exist unfettered, without a legal owner (though often, a credited author). These works are free for re-use, reinterpretation, and sale, and a protected place where orchestra conductors, curators, and preservationists frequently roam.
But the US Supreme Court ruled Wednesday in Golan v. Holder, that Congress can remove works from the public domain and re-copyright them in order to bring the pieces into compliance with international copyright schemes. Yeah, because that doesn't run completely against the spirit of copyright law or anything.
For one reason or another, the American copyright protections of many famous, foreign works—including H.G. Wells' Things to Come, Fritz Lang's Metropolis, Prokofiev's Classical Symphony and Peter and the Wolf, Shostakovich's Symphony 14, Cello Concerto and everything by Igor Stravinsky—moved into the public domain despite still being copyrighted overseas. To "correct" this issue, Congress passed legislation in 1994 that would move the works in question back to protected status and comply with the Berne Convention, an international copyright treaty.
This week, the Supreme Court ruled on a case brought by a coalition of educators, performers, and film archivists who rely on public domain works such as these for their livelihoods. If these pieces are place back under copyright, this group (like everybody else) simply can't use them. However in a 6-2 ruling—Justices Stephen Breyer and Samuel Alito dissenting—the Court ruled that bringing these works into agreement with the international treaty did not violate the First Amendment rights of those people using the works as they are now (no, those folks will just have to pay licensing fees to perform), nor does it set a precedent for Congress to eventually push for perpetual copyright protections.
In his dissent, Justice Breyer stated that the congressional legislation,
"bestows monetary rewards only on owners of old works in the American public domain. At the same time, the statute inhibits the dissemination of those works, foreign works published abroad after 1923, of which there are many millions, including films, works of art, innumerable photographs, and, of course, books - books that (in the absence of the statute) would assume their rightful places in computer-accessible databases, spreading knowledge throughout the world."...
Continued at:
http://gizmodo.com/5877740/supreme-court-gives-the-go-ahead-for-re+copyrighting-public-domain-worksIt's like an unspoken, almost sacred concept in copyright law. It's the... more
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Dagum
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21 days ago
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An American citizen from Boston suburb was convicted on Tuesday on terrorism charges, but the charges were loosely defined and the verdict may represent a significant blow to free speech rights.
Federal prosecutors claimed that Tarek Mehanna, 29, traveled to Yemen in 2004 with the hope of training as a terrorist and going on to fight American soldiers in Iraq. He failed to find any training camps, but returned home and allegedly promoted al Qaeda by writing about violent jihad against U.S. foreign policy on the Internet.
Mehanna and his lawyers instead claimed that he traveled to Yemen to receive training to become an Islamic scholar and that his writings on the Internet amounted to free speech.
“The charges scare people,” said J. W. Carney Jr., Mehanna’s lawyer and told reporters they would appeal. “The charges scared us when we first saw them. But the more that we looked at the evidence, the more that we got to know our client Tarek, the more we believed in his innocence.”
Post 9/11, the government has convicted many people on charges of “material support” to terrorists. But free speech advocates insist these are suffocating First Amendment rights and may grow to be even broader in the future.
Mehanna’s lawyers requested a jury instruction on First Amendment issues which included three points of instruction. The first reminded the jury of the right to hold views they regard as appalling. The second emphasized special protection for speech concerning public issues.
And the third explained the material support statute Mehanna was charged with, and makes clear: “To constitute a crime, the material support must be provided at the direction of the terrorist group, or in coordination with the terrorist group, or as a service provided directly to the terrorist group at its request. The statute does not prohibit someone from vigorously promoting and supporting the political goals of the group. This is considered independent advocacy, and is protected by the First Amendment.”
“The ACLU of Massachusetts,” read a statement by executive director of the Massachusetts ACLU Carol Rose, ”is gravely concerned that today’s verdict against Tarek Mehanna undermines the First Amendment and threatens national security.”
“Under the government’s theory of the case, ordinary people–including writers and journalists, academic researchers, translators, and even ordinary web surfers–could be prosecuted for researching or translating controversial and unpopular ideas. If the verdict is not overturned on appeal, the First Amendment will be seriously compromised.”
http://globalresearch.ca/index.php?context=va&aid=28307An American citizen from Boston suburb was convicted on Tuesday on terrorism charges,... more
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Both scholars concluded that the proposed law could not pass muster under the U.S. Constitution. So you’d think that the new version of SOPA circulated this week would have resolved those concerns. You’d think wrong. While the revised SOPA briefly mentions the First Amendment, the substantive text makes clear that's just lip service. Here’s a selection of fundamental flaws that remain in both SOPA and PIPA: http://www.freeturbine.com/index.php/news/recent-politic/item/the-internet-blacklist-vs-the-constitutionBoth scholars concluded that the proposed law could not pass muster under the U.S.... more
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worrg
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1 month ago
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Religion is given a protected status for the people to freely worship and at the same time allows for the government to act as a civil servant of the people. Further the amendment allows for free speech so that the government can't muzzle the religions that may prosper within the private lives of Americans. The founders knew exactly what they were doing!Religion is given a protected status for the people to freely worship and at the same... more
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Defense Technology 56895 MK-9 Stream, 1.3% Red Band/1.3% Blue Band Pepper Spray
http://www.amazon.com/Defense-Technology-56895-Stream-Pepper/product-reviews/B0058EOAUE/ref%3Dpatrick.net%26ie%3DUTF8%26showViewpoints%3D1
Hahaha! Here's a sample review:
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It really is the Cadillac of citizen repression technology."Defense Technology 56895 MK-9 Stream, 1.3% Red Band/1.3% Blue Band Pepper Spray... more
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She has as much right under our First Amendment, to say it in America as the Westboro Baptist Church does!
....Doesn't she?
twitpic.com/7gfafrShe has as much right under our First Amendment, to say it in America as the Westboro... more
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LOrion
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3 months ago
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Paste links along with your textYES! 1,267 given permission to 'Occupy' & they are getting serious. Library, bookshelves, rugs, pianos! Oh, GO BEARS GO!
This OCCUPY is here to stay!
Note: Camp was set up just after ROBERT REICH finished his speech.. ending with story of how the friend who had protected 'small' Robert from other bullies was one of three CivilRights workers brutally tortured and murdered in Alabama in 1964. That was the summer before MarioSavio came in the fall and we all started the Free Speech movement.
http://tinyurl.com/6rbfh8cPaste links along with your textYES! 1,267 given permission to 'Occupy'... more
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LOrion
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3 months ago
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Here is a brief historical legal reminder to us all of our federally protected First Amendment rights. (from WIKI) 'The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.'
The 'Assembly' has no limits as to time or space, and must enable safety of those Assembled, from the elements (tarps, tents, food, sanitation) .
The Petitioning includes others citizens opinions, not just govt. e.g. Freedom to use SIGNs, posters, marches, shouted slogans etc.
Now, originally, the First Amendment applied only to laws enacted by the Congress. However, starting with Gitlow v. New York, 268 US 652 (1925), in a series of cases, the Supreme Court has held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government. The city, county or state CAN MAKE NO LAW, policy or code that can supersede our Federal Right to Assemble and Petition for Redress of Grievances.
http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution
http://tinyurl.com/7uojwmqHere is a brief historical legal reminder to us all of our federally protected First... more
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LOrion
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3 months ago
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While you don’t need a spokesperson, that doesn’t mean you shouldn’t have “spokes-principles” — a core set of ideas or answers to the crises of the Wall-Street Empire that speak for you, that communicate who you are to a public that’s tuning in more and more every day.
Without that set of spokes-principles, the public may have sympathy for the protesters’ motives, but it will ultimately fear their objectives. And the organizers will have done the world a great disservice by earning a big public spotlight and failing to shine it on answers that the world urgently needs to know and start talking about if we’re going to have a fighting chance of saving our civilization.
The right spokes-principles can encompass all of the fluid, diverse, populist beauty and verve of the protests and channel it into a vision that the broader public can see itself and its aspirations reflected in....
see this abbreviated excepted list. Which include:
1. People over Profit.
2. Stakeholders over Shareholders
3. Better not Bigger
4. Main Street not Wall Street
5. One employee, one vote
6. Economic Constitutionalism
http://tinyurl.com/3p62cnoWhile you don’t need a spokesperson, that doesn’t mean you shouldn’t... more
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LOrion
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3 months ago
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Right of Assembly to discuss grievances is ours under our Constitution! Infringement of it is ILLEGAL, and you will be held accountable! to the 99%
http://twitpic.com/78biheRight of Assembly to discuss grievances is ours under our Constitution! Infringement... more
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LOrion
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3 months ago
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Well, if you can’t win legitimately, change the rules. Tennessee is enforcing a brand new anti-free-speech curfew tonight, and there have been at least 20 arrested at Occupy Nashville. And if you’re going to violate a couple of clauses of the first amendment, why not once again go for a trifecta and bust a reporter, too?
And this comes after a judge threw out last night’s arrests. I guess the police were hoping for a more sympathetic judge tonight. (Update: They didn’t get their wish. See below.)
http://redgreenandblue.org/2011/10/29/contempt-of-court-reporter-among-those-arrested-tonight-at-occupy-nashville/#commentsWell, if you can’t win legitimately, change the rules. Tennessee is enforcing a... more
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Here is photo of rubber-bullet wound from Oakland yesterday.
So it wasn't 'just tear-gas' and flash-bangs! Rubber BULLETS too.
NOTE also : There is first person News this AM (from his roommate) that the IRAQ War Vet hit in the head with eye-level fired teargas canister has skull fracture and brain swelling!
So he comes back safe from Iraq only to get WOUNDED when protesting there are no JOBS!
http://twitpic.com/765yp2Here is photo of rubber-bullet wound from Oakland yesterday.
So it wasn't... more
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LOrion
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4 months ago
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Second, anytime politics and sports intersect and you want to hear idiots proving that they slept through every History, Civics, Social Studies or Government class they ever signed up for, please, turn on your nearest sports talk radio station. (I’m lucky – here in the 5280 I have four to choose from.) Trust me, there was never a time when these guys had to make that hard choice between a career in broadcasting or one in nukular physics.Second, anytime politics and sports intersect and you want to hear idiots proving that... more
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CNN Opinion...
Why U.S. is not a Christian nation
By Kenneth C. Davis, Special to CNN
July 4, 2011 9:10 a.m. EDT
tzleft.davis.kenneth_revere.jpg
STORY HIGHLIGHTS
Thomas Jefferson is famous for words he wrote in the Declaration of Independence
Kenneth Davis: Jefferson's other words resonate as well
Jefferson wrote Bill of Rights set up "wall of separation between Church and State"
Founding Fathers knew the dangers of merging church and state, Davis says
Editor's note: Kenneth C. Davis is the author of "Don't Know Much About History: Anniversary Edition" (HarperCollins). He posts regularly at his blog at http://www.dontknowmuch.com/.
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PART ONE...
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(CNN) -- As America celebrates its birthday on July 4, the timeless words of Thomas Jefferson will surely be invoked to remind us of our founding ideals -- that "All men are created equal" and are "endowed by their Creator" with the right to "Life, Liberty and the pursuit of Happiness." These phrases, a cherished part of our history, have rightly been called "American Scripture."
But Jefferson penned another phrase, arguably his most famous after those from the Declaration of Independence. These far more contentious words -- "a wall of separation between church and state" -- lie at the heart of the ongoing debate between those who see America as a "Christian Nation" and those who see it as a secular republic, a debate that is hotter than a Washington Fourth of July.
It is true these words do not appear in any early national document. What may be Jefferson's second most-quoted phrase is found instead in a letter he sent to a Baptist association in Danbury, Connecticut.
While president in 1802, Jefferson wrote: "Believing with you that religion is a matter which lies solely between Man and his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church and State ... "
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CONTINUED...CNN Opinion...
Why U.S. is not a Christian nation
By Kenneth C. Davis,... more
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This American life of ours has long been pro-violence and anti-sex, unless the two can be merged so that violence is the dominant theme. The U.S. Supreme Court reaffirmed that historical record on Monday in declaring California’s ban on the sale of violent video games to minors unconstitutional while continuing to deny constitutional protection to purely prurient sexual material for either minors or adults.
http://www.truthdig.com/report/item/yes_to_violence_no_to_sex_20110629/This American life of ours has long been pro-violence and anti-sex, unless the two can... more
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