Resident working on second historic district amendment

Marika Lee, mlee1@communitypress.com 12 p.m. EDT September 17, 2014

The group behind the proposed Madeira historic district amendment might submit a second amendment to clarify the first. (Photo: Marika Lee/ The Community Press )

Madeira could have a second proposed amendment to protect the citys two historic houses and train depot.

Resident and Madeira Historical Society spokesman Doug Oppenheimer presented a draft of the new amendment to city council Sept. 8.

Oppenheimer distributed copies of a draft of the new amendment at the Sept. 8 city council meeting and Sept. 15 Planning Commission meeting.

The new amendment to the Madeira Charter would create a new Madeira zoning district called The Historic District and structures within it would have to meet the Historic District Guidelines. It would also create a Historic District Commission to oversee the district.

The first amendment calls for the Hosbrook House, Muchmore House and Train Depot to be included in the historic district. The properties are currently part of the Muchmore Historic Area, but the area does not have any special zoning or building restrictions.

Though the first charter amendment will be on the ballot in November, City Solicitor Bob Malloy said the city cannot enforce it because the city does not have a historic district.

If the first amendment is approved by voters it could be challenged by legal action or nullified or clarified by another amendment, Malloy said earlier this year.

I dont know if (the new amendment) would clear everything up. It will clear up some of the vagueness, City Manager Tom Moeller said. He added he has not yet looked over it with Malloy to understand its full impact.

Read more:

Resident working on second historic district amendment

NRA endorses Rick Scott

From a press release:

Fairfax, Va. On behalf of our five million members across the country, the National Rifle Association Political Victory Fund (NRA-PVF) is proud to endorse Rick Scott for reelection as Governor of Florida.

Based on his leadership on Second Amendment issues, Governor Scott has earned an A+ rating from the NRA-PVF in the 2014 general election. An A+ is the highest possible rating and is reserved for elected officials with an excellent public record on critical NRA issues who have also made a vigorous effort to promote and defend the Second Amendment.

Rick Scott has an unmatched record of support for the Second Amendment in Florida, said Chris W. Cox, chairman of the NRA-PVF. Rick has signed more pro-gun bills into law in one term than any other governor in Florida history. Law-abiding gun owners in Florida have a true friend in Rick Scott.

In addition to the many bills Governor Scott personally signed into law, he also supports Floridas Castle Doctrine law and the hard-fought parking lot law. He respects and supports Floridas unique hunting heritage and recognizes it is a valuable tool for wildlife management and conservation. Governor Scott rejects expanded licensing and registration schemes, and so-called universal background checks.

We can continue to count on Rick Scott to stand up for our constitutional freedoms in Florida, added Cox. On behalf of the NRAs five million members, I want to thank Rick for his steadfast support of the Second Amendment and urge all NRA members, gun owners and sportsmen in Florida to vote Rick Scott for Governor on November 4.

Read the rest here:

NRA endorses Rick Scott

Annual Constitution Day Lecture Addresses Student First Amendment Rights

In honor of Constitution Day on Wednesday, Sept. 17, University of Texas at Austin School of Law Distinguished Teaching Professor David Rabban 71 gave a lecture at Olin Library titled Free Speech, Academic Freedom, and the American University. The Friends of the Wesleyan Library sponsored the lecture, with Library Assistant Jennifer Hadley spearheading the eventsorganization.

The talk centered on the First Amendment rights of students, professors, and universities as institutions. Rabban led the audience through the history of legal cases on free speech and academic freedom from the1950s.

Rabban addressed the hotbed issues surrounding the First Amendment today. He allotted a significant amount of time to the recent case of Professor Steven Salaitas lack of consideration for a job at the University of Illinois following several anti-Israel posts on his Twitteraccount.

Furthermore, Rabban covered the constitutional validity of university-implemented speech codes, student and professorial expressions of political affiliations, and the extent to which the university as an institution may control when First Amendment rights apply to itsstudents.

In an interview with The Argus, Rabban explained why he chose this particular subject for a Constitution Daylecture.

I thought that Wesleyan students would have interest in free speech topics, Rabban said. I wanted to recognize how many important cases dealing with First Amendment issues have arisen in American universities. The university has been an important place for Constitutional debate and litigation. I also thought that the notion of First Amendment freedom as differentiated from the First Amendment in general might be an interesting topic for the audience to thinkabout.

Rabban began his talk with a staggering list of cases in which the First Amendment rights of a student, professor, or university were the subjects of major legal contention. In this historical dialogue, he alluded to specific legal cases, including state legislatures compelling universities to include discussions of creation science in classroom settings, whether or not universities can refuse to reappoint a professor fired on the grounds that he was a communist, and a universitys right to fire a professor on the grounds of specific works that zepublished.

Rabban emphasized that the First Amendment to the Constitution applies only to stateaction.

I think that many Americans believe that the First Amendment protects citizens against private action as well as state action, Rabban said. But this common belief is incorrect. Private violations on speech do not violate constitutional rights. Translated into the university context, private universities, including their faculty and students, as well as public universities, are protected against the government. Wesleyan, as well as the University of Connecticut, can obtain relief from legislation that violates the FirstAmendment.

Rabban explained that when university trustees or administrators take action against faculty or students, the First Amendment applies only at state universities. Therefore, Rabban pointed out that faculty and students at the University cannot make First Amendment claims against the University and the Board of Trustees. Rabban further acknowledged that this formal constitutional distinction does not always apply in practice because private universities can voluntarily accept the limitations that the First Amendment imposes on publicuniversities.

See original here:

Annual Constitution Day Lecture Addresses Student First Amendment Rights

Volokh Conspiracy: Texas highest criminal court strikes down improper photography statute

Im delighted to report that yesterday the Texas Court of Criminal Appeals handed down Ex parte Thompson (Tex. Ct. Crim. App. Sept. 17, 2014) (8-to-1, with Judge Meyers dissenting without opinion). This was a UCLA First Amendment Amicus Brief Clinic case, in which my student Samantha Booth and I wrote an amicus brief on behalf of the Reporters Committee for Freedom of the Press. (Many thanks again, by the way, to Cam Barker (YetterColeman LLP) for all his help as local counsel.)

The courts opinion is a victory for the right to take photographs in public even when a statute barring such photograph is limited to photography of people without their consent and with intent to arouse or gratify sexual desire, but of course equally when the photographs lack such an intention. The court struck down the Texas improper photography statute, which read,

A person commits an offense if the person:

(1) photographs or by videotape or other electronic means records a visual image of another at a location that is not a bathroom or private dressing room:

(A) without the other persons consent; and

(B) with intent to arouse or gratify the sexual desire of any person.

Heres a quick summary of the courts reasoning:

1. Taking photographs in public places is generally constitutionally protected, because photographs regardless of their artistic merits are generally protected expression, and the act that creates the end product is likewise protected:

The camera is essentially the photographers pen or paintbrush. Using a camera to create a photograph or video is like applying pen to paper to create a writing or applying brush to canvas to create a painting. In all of these situations, the process of creating the end product cannot reasonably be separated from the end product for First Amendment purposes. This is a situation where the regulation of a medium inevitably affects communication itself. We conclude that a persons purposeful creation of photographs and visual recordings is entitled to the same First Amendment protection as the photographs and visual recordings themselves.

2. This First-Amendment-protected conduct doesnt lose its protection even when the photographer is intending to arouse or gratify sexual desires:

See the original post:

Volokh Conspiracy: Texas highest criminal court strikes down improper photography statute

Texas court throws out upskirt photo law, because banning creepshots is paternalistic

Texas highest criminal court struck down part of a law banning upskirt photos on Wednesday, arguing that photos taken without permission in public are entitled to First Amendment protections. Outlawing improper photography or visual recording, the Texas Court of Criminal Appeals panel ruled, would be a violation of federal free-speech rights and a paternalistic effort to regulate the photographers thoughts.

The camera is essentially the photographers pen and paintbrush, Judge Sharon Keller wrote in the courts 8-1 opinion. A persons purposeful creation of photographs and visual recordings is entitled to the same First Amendment protection as the photographs and visual recordings themselves.

According to the Houston Chronicle, the case involved Ronald Thompson, who was charged with 26 counts of improper photography in 2011 after taking underwater pictures of swimsuit-clad children at a San Antonio water park. Thompson challenged the constitutionality of the improper photography ban before his case even went to trial, claiming that a plain reading of the law would place street photographers, entertainment journalists, arts patrons, pep rally attendees and even the harmless eccentric at risk of incarceration.

Prosecutors argued that the laws intent element for example, trying to do something unlawful like taking an illicit photo of someone without their consent should place the expressive activity outside the bounds of First Amendment protection. But, according to the appeals panel, protecting citizens from being made the subject of expressive surreptitious photography unknowingly or without permission is actually the governments way of protecting them from being thought of sexually, which runs the risk of infringing upon other peoples First Amendment rights.

Protecting someone who appears in public from being the object of sexual thoughts seems to be the sort of paternalistic interest in regulating the defendants mind that the First Amendment was designed to guard against, Keller wrote. We also keep in mind the Supreme Courts admonition that the forms of speech that are exempt from First Amendment protection are limited, and we should not be quick to recognize new categories of unprotected expression.

A legal scholar told the Chronicle that the court issued a sound ruling, saying that it cannot be made a crime in the United States to look at someone in public and think lascivious thoughts about them. But such an analysis fundamentally misunderstands the difference between looking at someone in a public space and photographing them without consent. The thinking of lascivious thoughts is irrelevant, because thats not what laws against taking upskirt photos and other illicit creepshots are meant to prevent. They are meant to prevent the violation of peoples physical autonomy in public spaces; they are meant to prevent sexual harassment. Apparently, though, its not harassment when its just a surreptitious photo thats art.

Read more:

Texas court throws out upskirt photo law, because banning creepshots is paternalistic

Free speech win over demonstrations at state Capitol

A permit to protest has been the practice for decades.

Click here to watch Catherine Cruz's report.

Groups planning to demonstrate for or against bills under consideration at the capitol had to first ask permission.

"The new rules make it easier for groups to exercise their First Amendment rights," said American Civil Liberties Union attorney Dan Gluck.

The ACLU filed suit earlier this year after trying for three years to informally work out the permit problem with the state.

The two sides reached a settlement this month agreeing to drop the requirement that groups apply for permits, indemnify the state and obtain insurance in order to gather at the rotunda.

"As a general rule you don't have to get the government's permission before you exercise your First Amendment rights. You dont have to get the government's okay to have a demonstration, and a lot of these rules impacted people's ability to do that," said Gluck.

That lawsuit was brought by the ACLU on behalf of The Drug Policy Action Group which ran up against the roadblocks trying to organize a demonstration.

Pam Licthy called the settlement a win for grassroots groups who need to respond quickly without bureaucracy getting in the way of the message.

The state attorney general David Louie issued this statement.

Originally posted here:

Free speech win over demonstrations at state Capitol

Guns, drugs and freedom: the great dark net debate

As modest as they appeared, these three men have become known as the people who in that darkened conference room in 2004 unleashed the Tor anonymity network, one of the most controversial phenomena in the history of the internet.

An acronym for The Onion Router, Tor bounces data and messages through as many as 5,000 other computers, known as nodes or relays, adding layers of encryption to the data like skins on an onion, until it is virtually impossible to discern the original users location and identity.

And although it has positive applications, especially in repressive regimes such as Iran and China, where pro-democracy activists use it to publicise human rights abuses and foment dissent, it is also used by many thousands of people to trade guns, drugs, stolen goods and child pornography. It has been implicated in hundreds of cases of fraud, identity theft and paedophilia. Remarkably, though, the US Navy continues to provide most of its funding.

When we started working on Tor, we didnt sit back and think too much about the implications of privacy, security and anonymity, says Sylverson, on the phone from the US Naval Research Laboratory in Washington, DC. The reason for our research was to allow US government employees to go to public websites to gather information, without anybody knowing that there was somebody from the Navy looking for this stuff.

To guarantee anonymity, Tor had to have mass appeal and so the software was designed to be open-source, meaning that the source code could be distributed and developed by anybody. It had to be picked up by the public and used. This was fundamental, says Sylverson. If we created an anonymous network that was only being used by the Navy, then it would be obvious that anything popping out or going in was going to and from the Navy.

Weapons for sale on the Tor-accessed site Armory (Flickr)

Every additional ordinary user, he says, enhances the security and protection that the network is designed to offer to Navy employees, and is, in a way, their payment.

Fast-forward to 2014, and that attitude seems at best naive, at worst willfully negligent. Sites that are blocked by most internet service providers, including those peddling hardcore child pornography, are accessible using Tor and available to browse following some simple steps well within the grasp of most computer-users.

Each page can take up to 30 seconds to load, but that aside, when I log on to the network on a Monday afternoon after downloading the Tor browser, I find it easy to access a wealth of illegal goods and services, ranging from the appalling to the ridiculous.

Gun Grave, for instance, offers a selection of weapons including a mint condition M4 semi-automatic rifle that can be shipped worldwide. Chances are if you are looking for it we can find it, the vendor writes. Evidently, there is a history here. Further down the listing, he elaborates: "We have had 2 orders for 3 items seized recently and rather then work with us according to our partial refund policy the buyers decided to leave negative feedback and try to extort us with threats of negative forum comments.... WE WILL NOT BE EXTORTED!!!!!! Thank you."

Go here to read the rest:

Guns, drugs and freedom: the great dark net debate

Drier: Is Comcast really blocking anonymous Internet browser Tor?

A small flurry erupted this week when news sites reported that Comcast was blocking customers from using the Tor browser. If this were true, it was a serious and invasive step for an internet provider.

Tor is a network created to make online browsing anonymous. When you surf online, you leave a lot of clues about who you are and what you like.

The Tor network lets people surf without leaving traces. To take advantage of this, visit http://www.torproject.org and download the free Tor browser.

You'll be browsing anonymously in minutes.

Unsure why you'd want this? There are plenty of legitimate reasons why someone might need to surf without divulging their identity.

Journalists often use Tor to protect their sources, and citizens of countries that restrict online access use it to browse prohibited sites. Some parents use it to keep their children's online activities private.

Not surprisingly, Tor is used for illegal activities, as well, The reports that Comcast had blocked Tor said that Comcast considered it an illegal service, and assumed that people using it were up to no good.

Even for Comcast, however, this would be a step too far.

If it were really blocking anonymous browsing, that would be a huge breach of its customers' privacy. That's why Comcast vice president of internet communications and engineering Jason Livingood came forward right away to say the story was false.

"Our customers can use Tor at any time, as I have myself. I'm sure many of them are using it right now," he wrote in a blog post.

More:

Drier: Is Comcast really blocking anonymous Internet browser Tor?

013 Bitcoin Conferences SL SecondLife 3D Virtual Worlds Cryptocurrency Game – Video


013 Bitcoin Conferences SL SecondLife 3D Virtual Worlds Cryptocurrency Game
http://www.twitter.com/VanosEnigmA + @SoulTradeGame #FollowBack 😉 http://www.facebook.com/VanosEnigmA http://www.youtube.com/user/EnigmaislandVanos/videos http://www.plus.google.com/+V...

By: VanosEnigmA Enigmaisland

Read the original:

013 Bitcoin Conferences SL SecondLife 3D Virtual Worlds Cryptocurrency Game - Video

Why Bitcoin Is Poised To Win Big In Las Vegas

Las Vegas. Tremendous wagers are commonplace in this town, and have been for decades. Big bets on cryptocurrency--those are a bit more unusual.

This explains why a local poker players recent investment into bitcoin ATMs has turned so many heads. The entrepreneur, 29-year-old Chris McAlary, essentially has pushed all-in on the virtual currency, using the entirety of his liquid assets to found Coin Cloud, a nascent company that operates ATMs for bitcoins.

McAlary's believes in bitcoin's future as the currency of choice for gamblers. And there is a confluence of factors that might make Las Vegas the perfect place to push bitcoin into mainstream use--if McAlary and like-minded entrepreneurs prove out its use on the Strip, casinos around the world are poised to make bitcoin its currency of choice.

Theres no question that cryptocurrencies such as bitcoin have the potential to be one of the most important innovations of the 21st century, says McAlary. Las Vegas could be one of the places that really helps drive it all forward.

Specifically, McAlary's company uses ATMs that are Internet-enabled kiosks that allow users to buy or sell bitcoin. The machines that went online this summer are in a particularly prominent spot, steps from the busiest part of the Las Vegas Strip. In the first few weeks, the machine outperformed even McAlarys most liberal estimates. After 45 days, the Vegas machine overtook the a bitcoin ATM in Vancouver as the No. 1 performing bitcoin ATM in the world. McAlary wont say exactly how many transactions the machine has handled so far, but hints that volume is already has surpassed $1 million.

While the cryptocurrency has yet to find a home in the average Americans wallet (so to speak), businesses appear to be getting more serious about it. In early September, Braintree, the online and mobile payments platform owned by PayPal, announced it would integrate bitcoin into its business. Other companies, including Expedia, Overstock.com, and Amazon.com also have announced they will accept bitcoin as a method of payment. (Full disclosure: I run a travel blog for Expedia.)

In Vegas, however, especially on the Strip, bitcoin has even more going for it. First of all, because so many people visit Sin City every year, the market attracts a high volume of people looking to spend money. The Viva Vegas souvenir shop, in which McAlary has placed his first ATM (he calls it the Bitcoin Bodega"), sees more than 100,000 people a day in foot traffic. Las Vegas also draws an international clientele who want to access their money instantaneously, and to gamble without paying transfer fees to centralized banks.

In other words, Vegas is primed for a bitcoin run.

What is bitcoin? The answer is more complicated than you think (and more complicated than we journalists usually report). Unveiled in 2009 (the identity of the creator is up for debate), the cryptocurrency is an online payment system that was introduced as open-source software. Under the protocols of this technology, payments are recorded in a public database, which is known as the blockchain. Because these payments work without a central repository or single administrator (a.k.a., a bank), the U.S. Treasury considers the currency to be decentralized and virtual.

(Also, because the currency is virtual, users must obtain a virtual wallet to help record transactions and securely buy, use, and accept the stuff.)

View post:

Why Bitcoin Is Poised To Win Big In Las Vegas