Building Main Street, not Wall Street: Success is measured by the lives we impact – Muskogee Daily Phoenix

The business world, and in fact the country, lost a great man recently with the passing of Clayton Christensen. This Harvard School of Business professor authored some of the finest business books hundreds of thousands have benefited from. He was a genuine gentleman and he will be missed by many. One of his greatest pieces of business advice was very simple, yet so profound. Paraphrased, he said, Success is measured by the lives you touch and impact.It was no secret that this was his guiding philosophy regardless whether it was in his business or his personal life.

One might ask, while that might be great advice, what does that have to do with my community or with me? When I look at our community, I believe that how we positively impact the lives of those in our community is the ultimate measurement of success. Every supportive action that we take in our community makes an impact. Every dime we spend at a local establishment makes an impact. Casting a vote in a local election makes an impact. Every volunteer hour we spend helping or lifting people up in our community makes and impact. Every time we say a kind word to others impacts our community. When you view it through that lens, we can all have a great impact in our community and on the lives of those in our community.

We have all heard the term unintended consequences used, usually in a negative light. But let me share a positive economic intended consequence of our actions that we can have control over.

While the community size only impacts the final numbers, the following example remains the same. Lets say you live in a community of 20,000 residents. For this example, lets also assume that residents will travel to other nearby communities or cities to do much of their shopping, dining and entertainment. Lets also assume that like most, many in your community are starting to shop online more and more each year. What would be the impact if each resident were to make a conscious effort to spend $25 each month at a locally owned and operated business that they might have otherwise spent out-of-town or online? That small commitment to your local community would be enormous. That would equate to $500,000 each month or $6 million each year circulating throughout your small community. This intended consequence becomes a game changer in many communities.

How would an additional $6 million impact the locally owned and operated business community? How many local jobs might that help create? How many more tax dollars would be available to assist with the local roads, fire, schools, infrastructure and so forth? How would it feel to intentionally assist with the paving of your own roads in lieu of paving the roads in Bentonville, Arkansas, or some far-off corporate headquarters?

Yes, we can surely impact so many lives in our community by our small and intentional actions. Not only how we treat people, but how we choose to spend our money can make a significant positive impact. When we look at our friends, co-workers and neighbors, we can have a greater impact on their lives right here and right now more than we know. We are all in this economic battle together. Local communities need to not only think truly local, but act that way as well.

Ill close with the quote I shared at the beginning by Clayton Christensen with a slight modification, Our local communitys success is measured by the lives we touch and impact. Are we measuring up to that challenge or do we need to evaluate our lives and rededicate and commit to our local community? You cant go wrong in thinking local, in fact, when it comes to measuring impact it may very well be the only right thing to do.

John A. Newby, author of the "Building Main Street, Not Wall Street " column dedicated to helping communities combine synergies with local media companies allowing them to not just survive, but thrive in a world where Truly Local is lost to Amazon, Wall Street chains and others. His email is: john@360MediaAlliance.net.

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See a New Exhibition That Captures the Flyest NYC Community – The Cut

Elroy Gay and Lillie Gay, 1987. Photo: Joseph Borukhov

Once upon a time in the 1980s long before the days of Ludlow House, $7 lattes, and recently relocated frat boys the Lower East Side was one of the most ethnically diverse (and affordable) neighborhoods in Manhattan. Today, only traces of those previous tenants and their businesses remain in the wake of gentrification, making the remaining stalwarts feel all the more precious. Rainbow Shoe Repair, an unassuming cobbler business, is one of these anomalies theyve been in business 40 years now. Those who frequented the Delancey Street storefront in the 80s, 90s and early 00s remember it as more than just a place to mend soles. Rainbow Shoe Repair was a place to make memories.

Shawntel Dunbar, 1996. Photo: Ilya Shoulov

Rainbow has amassed its fair share of detailed Yelp reviews throughout the years, but even the most loquacious fail to mention that the store used to operate a photo studio. The original owner, Josef Borukhov, began offering passport photos to his clientele in the 80s, and soon after expanded his offerings. Rainbow became a destination for affordable graduation photos, family photos, engagement photos, or just plain fit pics (read: outfit pics) with friends. It became a cherished space in an era that predated phone photography, back when getting your picture taken was an intentional, formal event. Lower East Siders went to Rainbow for more than casual snapshots; they were engaging in documentation rituals that allowed them to freeze a moment, feeling, or relationship in time and keep it forever.

Elroy and Sammi Gay, 1996. Photo: Ilya Shoulov

In the summer of 2018, curator Ali Rosa-Salas discovered images from Rainbow when flipping through Lower East Side native Sammi Gays family album. She was struck by the composition of the shots and the intimacy between photographer and subject, not to mention how relevant the fashion remains 30 years later. I thought about the power of nostalgia and the pride LES residents have for where they are from, Rosa-Salas explained. I thought about the importance of this neighborhood in setting fashion trends on a global scale how much this community has endured and the current complications its facing.

Soon after, she visited the Delancey Street storefront with fellow curator Brooke Nicholas. The owner disappeared into a backroom and emerged with crumbling manila folders, spilling out with unclaimed photographs from the 80s, 90s and 2000s, says Nicholas. These were far more artistic than your typical in-and-out passport-photo setup. These shoots put couples, graduates, and families in dozens of unique poses, and often involved background and outfit changes. Each captured the unique style and personality of the sitter, says Nicholas.

Nelson Hernandez, 1988. Photo: Joseph Borukhov

This forgotten archive formed the basis of a show now on view at Abrons Arts Center: Rainbow Shoe Repair: An Unexpected Theater of Flyness. Rosa-Salas and Nicholas joined forces with fashion scholar Kimberly Jenkins to put out an open call for photographs taken at Rainbow. Clientele came forward to share their snapshots and the stories behind them. Rosa-Salas notes: Many of these images are old, fragile, and the only one of its kind that exists. We are extremely grateful that residents have entrusted us with pieces of their personal archive.

Wayne Casimir and Debbie Cox, 1986. Photo: Joseph Borukhov

Attending the show at Abrons Arts Center (just a five-minute walk from Rainbow) feels like a family reunion. Theres a warm familiarity that washes over you when looking at the Rainbow display. Even if you dont know anyone in the photos, youll feel like you do, because each moment captured is intimate, proud, and loving. Visitors will see groups of friends dressed to the nines in hip hop apparel, young parents with babies, and siblings embracing each other above the caption Memories of 1987. For photographer Ilya Shaulov, who worked at Rainbow for 13 years, the opening was an actual series of reunions. Shaulov, who also photographed the opening, found himself face to face with many of his past subjects. It feels good that many people in the neighborhood remember me and my work, he says.

Yesenia, circa 1998. Photo: Ilya Shoulov

Individuals featured in the exhibition pointed and said things like thats my son, providing context to peers and strangers, unbidden. Shawntel Dunbar reflected on her own portrait in front of the rainbow backdrop: It was taken just after I started a new job. I really wanted to dress the part, because I was working down on Wall Street. I wanted to fit in, but I didnt want to take away from who I was.

Ellison and Alyssa Champagne, 2003. Photo: Ilya Shaulov

Jessica LeBron described her teenage sitting: I was feeling very Mary J. Blige at the time, with the baggy clothes and a backwards hat. When I look at this picture, I see that I was standing in my power; I can see my inner light. I was smiling and looked sweet, but growing up in the LES meant I also knew how to protect myself.

Jessica LeBron, 1993. Photo: JosephBorukhov

Many of the photographs depict fashion designer Elroy Gay (father of Sammi Gay, whose family album sparked the project). One of the clear standouts is an image of Gay and his daughter on Halloween. She says of the image, I was dressed as a black Barbie and my Dad picked the outfit out. This picture makes me proud of him, his work ethic, and our evolving father-daughter relationship. Elroy Gay explained how this kind of portraiture empowered the community: If you got your pictures taken at Rainbow, you were somebody for some reason. If you looked jiggy that day, you would take a photo. If you had enough money, you would get two. Still to this day, the Lower East Side is one of the fashion boroughs. We wont judge what you do, but we will judge how you dress!

Jasmine Lopez, 1992. Photo: Joseph Borukhov

As charming as the exhibition is on the surface, its about so much more than style and tenderness. It celebrates the communities of color that have made the Lower East Side what it is. While outside forces actively seek to erase these communities, these images that honor their ingenuity, achievements, and familial bonds are not just powerful theyre vital. The subjects captured are undeniably diverse, but each has something in common: They decided that the day they documented was one worth remembering. Now, thanks to Abrons, these preserved moments of flyness are a part of New Yorks shared history.

Martha Lulu Ayala and Valerie Hernandez, 1989. Photo: Joseph Borukhov

Rainbow Shoe Repair is on view at Abrons Arts Center until March 29.

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Unpacking the Latest Jameela Jamil Controversy – The Cut

Photo: Tommaso Boddi/WireImage/Getty Images

If youre confused about why the actress Jameela Jamil has found herself at the center of controversy again, then youve come to a good place. At the beginning of this week, HBO announced Jamil would MC and host a forthcoming show called Legendary, a nine-episode unscripted ballroom-style competition series. By Thursday, the story has drifted quite far: In the face of criticism over her lack of ties to the ballroom scene and, seemingly, to the LGBT community as a whole Jamil revealed that she is queer. In between, there was some messy press coverage, making the story fertile ground for a social-media dustup. Heres what you need to know.

The controversy began on Monday, when HBO announced that Jamil would star in the networks new reality voguing competition, in a press release headlined HBO Maxs Ballroom Vogueing Competition Series Legendary Taps Jameela Jamil to MC and Judge. Ballroom-style competitions, in which contestants vogue, walk, and pose for prizes, have flourished for decades in queer POC scenes. Out reported that Jamil initially tweeted (and subsequently deleted) of her new gig Im *so* excited to be a tiny part of bringing ballroom further into the mainstream where it belongs.

The decision to castJamil, who has no obvious connection to LGBT culture or voguing in particular, incited an instant backlash.

The pivotal moment in this conversation came when trans actress Trace Lysette tweeted that she had been interviewed for Jamils job and lost out. This is no shade towards Jameela, I love all that she stands for. If anything I question the decision makers, Lysette tweeted.

Twelve hours after the initial announcement, the story had changed. Jamil clarified in a tweet, Deadline says I am the MC of this show! I am not. I am just one of the judges. The brilliant Dashaun Wesley is. But Out notes that the original press release from HBO which Jamil linked to in her now-deleted tweet had said simply, commentary by Dashaun Wesley. As of Wednesday, the HBO release still stated that Jamil would MC the show. On Wednesday night, HBO issued a statement confirming that Jamil will not MC the show. For clarity, Dashaun is the series MC/Commentator, and Jameela heads up the panel of judges alongside Leiomy, Law, and Megan, the statement reads.

At this point Jamil responded to Lysette, tweeting, I think you auditioned to be one of the house mothers, referring to senior members of the ballroom scene, which is organized into intentional communities or families called houses. Im just one of the judges. Not a house mother. We werent up for the same thing. To which Lysette responded, I dont have to audition to be a house mother I am one, and disputed Jamils account, adding, I send you love too. But I will always speak my truth.

On Wednesday, Jamil further responded to the brewing controversy by revealing that she is queer. This is why I never officially came out as queer, she wrote, I was scared of the pain of being accused of performative bandwagon jumping, over something that caused me a lot of confusion. She went on to explain that the lack of out family members and pressures of being a POC actress in her 30s in Hollywood have contributed to her reticence to officially come out, but that shes always answered honestly if ever straight-up asked about it on Twitter. The actress conceded that my being queer doesnt qualify me as ballroom.

The reaction has been mixed, with some of Jamils critics taking issue with the timing and apparent defensiveness of her announcement.

Lysette pointed out on Wednesday evening that, while Jamil might not be MC-ing, she is still Executive Producer along with two cis white guys who produced Queer Eye.

This isnt the first time the narrative has gotten the better of Jamil. In December the actress was criticized after expressing her opinion that airbrushing is disgusting and a crime against women, and that it should be banned. Some people felt the way she was going about the conversation was unproductive, to say the least, especially considering that shes a conventionally attractive woman. Jamil stood firm, saying that while her approach might be extra, shes more concerned about the teen surgery, eating disorders, and self harm, that unattainable beauty standards inspire. Jamil also came under fire for tweeting her support of Ellen DeGeneres getting chummy with George W. Bush at a recent Dallas Cowboys game. The actress later apologized, writing that she was just learning today about the full extent of Bushs heinous presidency.

This post has been updated.

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Expressing Love For The Body Parts You Hate Takes Intentional Work | HuffPost Canada Life – HuffPost Canada

Around Valentines Day, Canadians fuss over how they show loved ones how much they care. What are the most heartfelt gifts to give? Words to say? Flowers to give? (Maybe think twice on the rose bouquet ) With all this rumination on romancing others, loving ourselves gets left by the wayside.

Self-love is challenging to feel for many, as were our own biggest critics. The brunt of the bashing tends to start with what we see in the mirror after all, theres a reason why droves head to the gym for their New Years resolutions and why so many equate wellness with slimness.

Why is it important to love our bodies? Not doing so can impact our entire outlook. Body image, mental health and self-esteem directly influence each other, the Canadian Mental Health Association (CMHA) notes, as regularly focusing on perceived physical shortcomings can translate to negative thinking about other aspects.

Breaking up with ones vicious cycle of body-hating is hard, but not impossible. If youre looking to start a whirlwind romance with your body, heres how to do it:

Start with a body scan

Good news: Youre hotter than you think you are, according to science. Research shows that we tend to magnify our physical flaws, when in reality others dont notice these traits as much as we think they do. The bad news: Because your gaze is so used to lingering on what you hate, youve unconsciously trained yourself to feel dissatisfaction on reflex. Feeling this uncomfortable can lead to feeling disconnected from your body or, in some cases, turn into body dysmorphic disorder.

How can you unlearn this muscle memory? One way is through mindfulness, which asks practitioners to take stock of themselves through body scans. As a UC Berkeley health project indicates, body scans help us notice both what emotions a certain body part evokes and how that may manifest; clenching, tightening and unease are common responses. Without trying to change that body part, practitioners may find relief in acknowledging a difference between how they feel about their body and how their body actually experiences physical sensations.

Work out with the right intentions

Exercise can cultivate unhealthy relationships with our bodies, but a healthy motivation has been proven to improve your self-esteem; if youre able to appreciate how your body improves at running or lifting weights, youll feel much better about its worth in a way that doesnt relate to how it looks.

10 Ways to get motivated for a morning workout. Story continues after the slideshow.

10 Ways To Get Motivated For A Morning Workout

As Everyday Feminisms Sarah Ogden Trotta says about exercise, moving with purpose made her realize her body was more than an object to be fat-shamed. It helps me to feel powerful and strong and has helped to repair my traumatized and eating disordered relationship with my body. My body is capable of so much and so am I, she wrote.

Combat your distorted mirror with affirmative talk

Anyone can have a toxic relationship with their body, from conventionally attractive celebrities like Billie Eilish to the lonely men who self-identify as incels and obsess over their facial structures. However, women and youth are especially likely to develop this problem. A global poll found that one in five Canadian women were unhappy with their bodies and around 42 to 45 per cent of Canadian students werent satisfied with their size, according to a national quadrennial study.

Watch: Billie Eilish opens about her toxic relationship with her body. Story continues below.

Peer pressure in ones community can also impact body image: Many gay men report feeling unhappy with their bodies and children of immigrants may struggle with family conversations about their appearances.

To deprogram yourself, start small. When you catch yourself looking at something you dislike in the mirror, force yourself to thank that body part. It can help to say how the body part helps you in your everyday life or to remind yourself how it helps the rest of your body function.

Thighs, thank you for carrying me where I want to go. Belly, thank you for helping me digest. Skin, thank you for protecting me, dietician Christy Brisette wrote as affirmation examples on her site.

Treat your body like royalty

Pampering our bodies isnt just a frivolous indulgence. These rituals can form positive associations with body parts that, if done often enough, can be stronger than your anxieties.

Aliaksandra Ivanova / EyeEm via Getty Images

If you start associating your hair with a relaxing hair mask routine, your brain will be reminded of how relaxed you feel, which encourages self-love over intrusive negativity thoughts.

Smash shame with allies

Canadians whose bodies dont fit societal norms, such as bigger individuals, may have a harder time loving their bodies, as society may demean people who look like them.

Edith Bernier is a body-positive writer from Quebec. She founded Grossophobie, a blog that provides resources on fatphobia. She notes that for herself and others of bigger sizes, isolation is a major defence mechanism.

The world can be a rather unsafe place when youre a bigger person. Sometimes it feels safer to stay at home, she told HuffPost Canada, adding that the stigma of weighing more can lead to depression or anxiety. All these microaggressions throughout the day reminds you that the world is not meant for a body like yours. The struggle is real.

The solution to isolation and shame is finding allies, especially those who will listen to how you feel about your body and can comfort you, Bernier advised.

It can be really hard to express it, but there are people who are willing to help you carry that weight, she said. For those who cant find this support in-person, online communities have been proven to improve well-being: A study of the Fatosphere, as online fat acceptance communities are known as, showed that users felt more self-acceptance about their bodies when they started communicating with people who could relate to their struggles.

Start unfollowing people on social media

Women who spent over 20 hours a week online were three times more likely to dislike their body than those online for less than an hour, a Simon Fraser University study found. As researcher Allison Carter told CBC, this statistic doesnt suggest screentime is the problem; pervasive, impossible ideals on social media are.

In todays age, with the rapid rise of Facebook and Instagram, the opportunities for appearance comparisons are unprecedented, Carter said.

Thats why Bernier recommends changing what you consume online: Unfollow accounts that provoke negative thoughts about ones body and follow people who look like you.

Expose yourself to different bodies, she said. For fat Canadians who need inspiration, she recommends listening to Lizzo and following bigger athletes like Sarah Robles.

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GUEST EDITORIAL: Minding matters of the heart | Editorials – Richmond Register

Editor's note: The Register's parent company, CNHI, has papers all over the United States. Each Wednesday, this space will be dedicated to what one of those papers thinks about the issues facing their communities.

February is the month for Valentine's Day.

Valentine's Day is all about romance.

Romantic love is metaphorically and historically connected to the heart.

Ergo February is American Heart Month.

Heart disease is the leading cause of death in the U.S., by far.

According to the Centers for Disease Control and Prevention, heart disease, cancer and chronic respiratory diseases are the top three killers.

In recent years, CDC data breaks down the number of deaths in a single year this way:

Heart disease: 614,348

Cancer: 591,699

Chronic lower respiratory diseases: 147,101

Accidents (unintentional injuries): 136,053

Stroke (cerebrovascular diseases): 133,103

Alzheimer's disease: 93,541

Diabetes: 76,488

Influenza and pneumonia: 55,227

Nephritis, nephrotic syndrome and nephrosis: 48,146

Intentional self-harm (suicide): 42,773

Heart disease is the leading cause of death for both men and women.

One in four deaths is caused by heart disease, according to the CDC.

In conjunction with American Heart Month, we are touting the importance of making healthy choices, working with doctors and health-care professionals to reduce the risks.

The CDC recommends:

Schedule a visit with a doctor to talk about heart health. Regular checkups are an important part of health management, even if you don't think you're sick. Talk with your doctor and set goals for improving heart health. Be honest with them about your health and habits and don't be afraid to ask questions.

Add exercise to your daily routine. If you don't currently exercise, start small. Walk 15 minutes a day a few times a week. After a couple of weeks, bump it up to 30 minutes a day a few times a week.

Quit smoking. If you currently smoke, quitting can cut your risk for heart disease and stroke. Kicking the smoking habit, like starting an exercise routine, is something that's done a step at a time.

Eat healthy. Eating healthy is one of the surest steps you can take to heart health. Cook heart healthy meals at home at least three times a week and reduce the sodium content of your recipes.

Take prescribed medication. Talk with your doctor about high blood pressure and cholesterol medications. Take any prescribed medications on time as directed. If any side effects develop, contact your doctor for help.

We encourage our readers to develop healthy habits and to maintain a healthy lifestyle.

Staying healthy -- living with a heart-healthy lifestyle each day -- is much easier than "getting healthy" and overcoming a lifetime of bad habits.

-- Valdosta (Ga.) Daily Times

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GUEST EDITORIAL: Minding matters of the heart | Editorials - Richmond Register

Committing Harm Is Not The Same As Being Abusive – Wear Your Voice

Da'Shaun Harrison x Feb 11, 2020

This essay discusses sexual violence and mentions r/pe

My queer parent, Hunter Shackelford, and I sit around and talk a lot. For hours, most days. At the genesis of our relationship, one thing we agreed on almost immediately is that abuse and harm are two very different things. Online, especially, but also in real life, many people refer to harm-doers as abusers. It is striking to me because, as much as I am staunchly against both, I understand the impact of language and just how much it can determine how we interact with a person or a situation.

All of us are capable of being both an abuser and a harm-doer, but the tougher reality is that even if we are never an abuser, no one can ever say they havent caused someone any harm. Whether it is accidentally stepping on a persons toe, or cussing someone out because you have had a rough day, orto move away from trivial examples and into what prompted this essaydefending a serial rapist by way of celebrating their music. All abusers and all harm-doers should be held accountable for their wrongdoings; not all wrongdoings are created equal, however, and therefore accountability must look different depending on the violence committed.

Whereas harm is a one-time act of violence or infliction of pain, that can be either intentional or unintentional, abuse is about a continued and repeated force of violence that mistreats, mishandles, or exploits someones body, being, and/or feelings. It is about a commitmentinterrogated or uninterrogatedto enforcing violence onto someone else with no interest in stopping. When we position abusers as equal to harm-doers, we not only ignore the harm that we have done to others, but we truncate the extent to which abusers must be held accountableor we lead with a politic of disposability rather than principle and care for those who commit harm. Said differently, we should be very particular, careful, and intentional about what language we use when pointing out something harmful someone has done. It shifts not only the weight of the harm but the response to it as well.

I am an abolitionist, which is to say that I am committed to doing away with disposability politicsor a politic that leads with exile rather than transformation. I believe that to dispose of a person forthright is not an act of justice, but rather recapitulates the abuses of the carceral state; it is a re-creation of the violence inflicted by the settler-colonial state, most often wielded against Black, Indigenous, and other people of color. While I dont believe in cancel culture, I do believe in the politics of disposability that so often leave no room for people to (un)learn, to atone for their violence, and, perhaps most importantly, that says abusers and harm-doers must be held accountable in the same ways. This is another cage; another form of incarceration that damages more than it heals.

In so many ways, our society has committed itself to disposing of Black and brown people. From the school-to-prison pipeline, the sexual abuse-to-prison pipeline, mass incarceration and more, the state is built around disposing of and incarcerating Black and brown people. But as Paulo Freire writes in Pedagogy of the Oppressed, education is politics, and transformative work can be done by educating and enlightening the oppresseda literal pedagogical approach to (liberating) the oppressed. Freire understood that harm, and abuse in many ways, is taught through how we are socialized in-part through education.

I spoke with Roslyn Talusan, a culture critic and anti-rape activist, about what she believes the differences between harm and abuse are. She had this to say: I think abusers cause harm, but harm-doers arent necessarily abusive. For abuse, there has to be a pattern, and a power dynamic being exploited to exert control and dominance. Harm-doers are assholes, but arent necessarily doing it for power. Often I think it can just be a matter of bottled up emotions and taking it out on people around them, or [just] having a bad day. Both are certainly inexcusable, but I dont think its helpful to paint every asshole as an abuser. I think abusers are more intentional, more predatory, more calculated than harm-doers. Abusers usually are charming to the majority of people in their life, and specifically target vulnerable people to enact their abuse, and thats why I think theyre more dangerous in that aspect.

Roslyn is correct. Instead of Prisons talks extensively about how power, calculated behavior, and poverty each play a role in the lead up to abuse. It also explores a lesser-discussed cause of abuse: culture. Not just rape culture, but the larger culture under which we are socialized into (normalizing) violence, harm, and abuse.

To state it more plainly: a rape apologist is not necessarily an abuser. Someone who is sexually violentas due to being unclear about boundaries and consent, and not because they are intending to repeatedly control, exploit, or gain power over othersis also not an abuser. However, people with a sustained history of this kind of behavior, often coupled with a commitment to gaslighting othersespecially womenare absolutely abusers. Someone disinterested in unlearning their harmful and bigoted beliefs, or who is uninterested in naming their harm as such, is an abuser.

Storyteller and shapeshifter, Hunter Shackelford, perfectly encapsulates the overall difference between abuse and harm, and how we can respond to both:

Language has the power to bring us closer to ourselves and the people around us, and it also has the ability to complicate our knowing when we use certain words to deliver impact over meaning. Naming abuse, harm, and/or toxic behaviors is difficult when many individuals and vulnerable communities are often using mainstream simplified language that feels the most accessible (and what feels good) and has the ability to deliver the impact they experienced. For example, when you want the world to know your pain exactly how you felt it, you may default to using abuse because it hurt. But abuse isnt just what hurts, its a specific type of violence.

Abuse is a pattern of behaviors to wield power or control over another persons body, being, access, and/or wellnessconsciously or not, intentionally or not. Harm is a violent behavior or experience that can be a singular incident that someone may or may not know the impact ofconsciously or not, intentionally or not. The difference between the two is a fine line and a bold line, because we know that a one-time incident could possibly happen again; so what could be harm one day can escalate and become abuse. The closer we get to a future where our society and communities embody a culture that makes the distinction of abuse and harm, makes room for the overlapping gray [areas], and creates space for transformative accountability, survivors and the world will flourish.

Abuse and harm are not always black and white, and both are always unconscionable. Irrespective of whether we are being harmed or abused, the pain is never easy to handle nor is it ever escapable. The onus, then, should never be on the victim or the survivor to differentiate which of the two they are experiencing, but rather we have to become committedsocietallyto the undoing of conflating these two experiences so that we can work through how both abusers and harm-doers must be held accountable to whichever of the two they have committed.

Every single dollar matters to usespecially now when media is under constant threat. Your support is essential and your generosity is why Wear Your Voice keeps going! You are a part of the resistance that is neededuplifting Black and brown feminists through your pledges is the direct community support that allows us to make more space for marginalized voices. For as little as $1 every month you can be a part of this journey with us. This platform is our way of making necessary and positive change, and together we can keep growing.

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Committing Harm Is Not The Same As Being Abusive - Wear Your Voice

The Role of Originalism in Torres v. Madrid – Reason

In late March, the Supreme Court will hear argument in a Fourth Amendment case, Torres v. Madrid, on what is a Fourth Amendment "seizure." The question in Torres is whether a person is "seized" if the government uses physical force to try to stop someone but the force does not succeed in stopping her. The suspect was driving away from the police, a police officer shot at the car and injured her, but she continued to drive away. Was the shooting that injured her a Fourth Amendment "seizure"?

In this post, I want to discuss a really interesting question that I see underlying Torres: To what extent should the Court defer to common law rules in interpreting the Fourth Amendment when the context in which the rules were announced is very different from today?

I. Concept One Way, Consequences the Other

Before I get to the common law rules, I want to point out that there are lots of ways of resolving Torres without reference to the common law rules. When I first heard about the Torres case, my thoughts were drawn to two other issues; the concept of seizures and the practical implications of how to interpret it in this setting. Because I suspect many readers will focus on these arguments, I thought I would flag them and say how I think they may cut.

On one hand, the usual concept of a Fourth Amendment seizure would point to the answer being that no seizure occurred. In modern Fourth Amendment law, a seizure is ordinarily a taking of control of an item. An officer does not take control of a person when he shoots a person but she does not stop. So you might say, as the court below did, that a shooting without a taking control is not a seizure.

On the other hand, a pragmatist might say that whether a person is seized in this kind of situation will come up mostly in excessive force actions permitted by modern Supreme Court caselaw. If we rely on Fourth Amendment law for a sensible excessive force doctrine, it would make sense to call any shooting of a person a seizure. That way it can allow civil suits in federal court based on it. So you might say, as some amicus briefs filed in Torres say, that a shooting without a taking control should be a seizure for those practical reasons.

So far this is pretty interesting. The concept of seizures seems to point one way, and the practical consequences seem to point the other way. It's the kind of tension that makes for an interesting case.

II. Enter the Originalist Syllogism

But what makes Torres a really fascinating case, I think, is the role of originalism in settling the dispute. So now let's turn to the common law rules that are the focus of a lot of the briefing so far in the case. The brief of the petitioner, plaintiff Roxanne Torres, relies heavily on the following originalist syllogism:

(1) at the time of the Fourth Amendment's enactment, it was considered an "arrest" for an officer to apply physical force to a person in an unsuccessful effort to detain them;

(2) an arrest is a type of Fourth Amendment seizure; and therefore,

(3) it is a seizure for the government to apply physical force to a person in an unsuccessful effort to detain them.

This is a really interesting syllogism, I think, because it seems right in some ways but questionable in others.

On one hand, it's true that at the time of the Fourth Amendment's enactment, it generally was considered an "arrest" for an officer to apply physical force to a person in an unsuccessful effort to detain them. On the other hand, there's a twist here. Although the briefs filed so far don't flag this, my sense is that the common law context in which courts defined arrest in this way is quite different from the context today.

And that differences raises a really fun legal question for the originalist-inclined: When a concept was defined at common law in a specific context that is different from the context in which it arises today, should you apply the common law definition? Or does the different context suggest a need for a different definition?

III. The Forgotten Context of the Arrest Cases

In modern Fourth Amendment law, defining an arrest typically matters to determine if sufficient causes existed to make the act legal. An arrest requires probable cause. You need to know when an arrest occurred because you need to know if the government had sufficient cause to satisfy the Fourth Amendment.

But the definition of arrest arose at common law in a very different context. Here's my tentative sense of the history, which I'll be happy to correct later if it turns out I misunderstood things:

The world of arrests at common law was dramatically different from what it looks like today. There were no professional police officers. Arrests could be made by private parties or else by part-time officialsmost often constables, but also sheriffs and watchmen who were supposed to make arrests and bring arrestees to the local justice of the peace. Most arrests were made by a warrant ordering the constable or other official to make the arrest. The warrant was a court order commanding that the constable or other official make the arrest and bring the prisoner to the judge.

But there was a problem. The part-time officials such as constables (and I'll just call them all constables for the sake of brevity) didn't have much interest in making arrests and detaining people after the arrest. It was dangerous and time-consuming work, and they in general weren't paid for it. Who wants to risk getting hurt arresting someone and forcibly bringing him to the local judge? There's not nothing in it for the constable. So part of the law regulating constables at common law was about forcing the constables to do their jobsto make arrests and to detain prisonersor else face civil suits or criminal punishment.

The law regulating constables had two features relevant here. First, the constable was required to at least try to execute the warrant. A constable who declined to do it could be charged with a crime or sued for neglect of duty.

And second, a constable who made an arrest but then let the prisoner go could be charged with the crime of escape (see 590-95) or sued in tort under the tort of escape. A constable was liable for escape when he made an arrest but then the prisoner went free, either because the constable intentionally let the prisoner go (called "voluntary escape") or the prisoner escaped despite the constable's efforts to detain him (called "negligent escape").

The law of negligent escape was pretty tough on constables. As one treatise summarized, "the only excuse" for not holding on to a prisoner was an "act of God or the public enemy"in other words, crazy unforeseeable situations. It sounds to me less like a negligence standard than strict liability.

To modern ears this all seems exceedingly weird. A modern crime of escape exists, but it punishes the prisoner who escaped from custody. As I read the history, though, the common law regulation of escape was different. It punished the constable who made the arrest but then either negligently or intentionally let the prisoner escape.

IV. Unsuccessful Uses of Physical Force Then and Now

Why does this matter? Well, maybe it doesn't. But it might matter, I think, because it means that the common law caselaw on the meaning of "arrests" arose in a very different context than we know today. The elements of escape required that an arrest had occurred first. As a result, courts typically defined what was an "arrest" when saying whether a constable was liable for escape.

This context is interesting, I think, because the practical consequence of defining arrest in that era would seem to be really different than the practical consequence of defining a seizure today. When courts defined arrests at common law, they were trying to figure out when a constable was sufficiently in charge of a person such that the constable was then subject to legal action for letting the person escape.

This could matter, I think, because in that setting it would have made no sense to require that the constable actually get the person to submit to the officer before saying an arrest had occurred. The underlying tort and crime was not doing a sufficient job keeping a person detained. A constable who announced an arrest and actually laid his hands on the person to be arrested, but then couldn't bring the person into a quasi-permanent detention, was guilty of the exact same thing as the underlying cause of actionletting the person go. It would make sense to treat those the same way.

Indeed, if I understand the context correctly, it's hard to imagine a different common law rule. If the common law had required actual submission before the law of escape applied, then civil and criminal liability would hinge on a metaphysical question: Was there a non-zero amount of time when the constable had control of the person to be arrested?

Consider an example. Imagine a constable has a warrant ordering him to arrest John Smith. The constable walks up to John Smith, announces Smith's arrest, and physically grabs Smith. Smith resists, breaks free, and runs away. Unless the rule were that these facts amounted to an arrest, the constable would not be liable for escape if the person had not been controlled for any time but would be liable if the person had been controlled even for a hundredth of a second. But in a melee between the constable and the arrestee, how could you possibly distinguish these two cases?

The more obvious place to draw the line in that common law doctrinal context would be that any touching (when the arrest was announced, at least) was enough to say there was an arrest. That way it didn't matter whether the constable had grabbed Smith and Smith instantly broke free or the constable grabbed Smith and held him for a fraction of a second or thirty seconds or thirty minutes. They would all be treated together, sensibly, as an escape that followed an arrest.

V. Does This Matter For Torres?

To me this all raises an interesting question: Does the different context between an "arrest" at common law and an arrest today mean that the common law definition should be looked at more skeptically for possible application today? Or do we say that an arrest is an arrest, and that the same definition should apply? To what extent does the different context call for a different rule?

I think there is at least some precedent in the Fourth Amendment excessive force context for saying that the context of old rules means that they should no longer apply uncritically today. That was the reasoning of the Court in Tennessee v. Garner when the Court rejected the common law feeling-felon rule for the reasonableness of stops. But assuming that was right in Garner, whether that same thinking should lead to similar skepticism of the common law definition of arrests is another question.

Anyway, I don't personally have a view of what the right answer is here. And it's possible that none of this will get flagged in the briefs or be something the Justices decide to take on. But I think it's a really interesting set of questions.

See the article here:

The Role of Originalism in Torres v. Madrid - Reason

6th Circuit: This Man Can Sue the Cop Who Arrested Him for Defending His Daughter Against a Feral Cat – Reason

After a neighbor called 911 and falsely reported that Dwain Barton had killed a cat, a local police officer charged through a screen door into Barton's house without a warrant and injuriously manhandled him while arresting him for animal cruelty, a charge that was eventually dismissed. When Barton sued the officer, Dean Vann, for violating his Fourth Amendment rights, a federal judge concluded that Vann was protected by "qualified immunity," which shields police from liability when their actions do not run afoul of "clearly established" law. Last Friday, the U.S. Court of Appeals for the 6th Circuit overturned that ruling, concluding that Barton should have an opportunity to prove his claims against Vann.

The 6th Circuit's decision shows there are limits to the doctrine of qualified immunity, which too often lets cops off the hook for outrageous conduct. But because the case did not involve a dispute about what counts as a "clearly established" right, the ruling does not go to the heart of the danger posed by that doctrine.

The circumstances that led to Vann's assault on Barton began on a Monday afternoon in November 2014, when his daughter was attacked by a stray cat as she was jumping on a trampoline in the backyard of the family's home in Lincoln Park, Michigan. Barton scared the cat away by firing a BB gun at one of the trampoline's legs. Then he noticed Jill Porter, a neighbor he blamed for attracting feral cats to the block by leaving out food scraps for them, standing in her own backyard three doors down. "Hey, Jill," Barton called out, "the next cat that I see in my yard will be a dead one."

Porter responded by calling police and claiming that Barton had told her, "Your gray cat just peed on my furniture, and he got shot in the head." That report led to a visit about 40 minutes later by Animal Control Officer Adam Manchester, who spoke to Barton through his screen door. While declining to come outside or provide identification, Barton denied shooting any cats and explained what had happened. In his written report, Manchester nevertheless asserted that Barton had "shot [a cat] in the head" with a BB gun, although he also said he had not seen any weapons or injured animals. Manchester radioed the Lincoln Park Police Department, claiming that Barton had "admitted to shooting animals."

Ten minutes later, eight police officers in four patrol cars arrived at Barton's home. According to Barton's complaint, they took "what looked like assault rifles" out of their trunks and "surrounded" the house. Manchester again asked for Barton's identification, which he handed through the door to his mother-in-law, who was on the front porch and passed it along to the cops. Moments later, Vann, who said he was afraid that Barton was "grabbing a gun," tore through the screen door and entered the house, where he saw Barton standing, unarmed, in the kitchen.

Barton's wife testified that Vann "threw [Barton] up against the counter like a linebacker." Barton said Vann "lifted [him] up with his elbows underneath [his] body and [his] arm and literally picked [him] up and slammed [him] up against [the] kitchen cupboards, at which point all of the other officers, like ants, followed in" and "surrounded" him. When Vann told Barton to put his hands behind his back so he could be handcuffed, Barton said he could not do that because of a shoulder injury. According to Barton, Vann then "grabbed both of [his] wrists and took them both behind [his] back," "shoved them both together," and "put the handcuffs on [him] as tight as he possibly could."

At that point, by Barton's account, Vann "shoved" him out the door, down the front steps, and into a patrol car, which took him to the police station, where he was strip-searched and detained for three hours before he was released on bail. Barton testified that Vann's rough handling aggravated his shoulder injury and left him with cuts on his wrists for several days.

Barton sued Vann under 42 USC 1983, which allows people to recover damages when a government official violates their constitutional rights under color of law. Barton argued that Vann illegally entered his home without a warrant, arrested him without probable cause, and used excessive force during the arrest. Vann claimed he was protected by qualified immunity, and U.S. District Judge George Caram Steeh III granted his motion for summary judgment.

Steeh concluded that Vann was justified in entering the home based on "exigent circumstances," since "it was reasonable for Officer Vann to believe that Barton was armed, and that he was willing to use his weapon to harm the officers or others." Steeh also concluded that "Officer Vann had probable cause to believe that Barton had violated a local animal cruelty ordinance" and that "Barton fails to create a genuine issue of material fact on his excessive force claim" because he did not present sufficient evidence that Vann injured him during the arrest.

A unanimous 6th Circuit panel of three judges saw things differently. "Based on the facts alleged and the evidence produced, viewed in the light most favorable to Barton, a reasonable juror could find that Vann violated Barton's Fourth Amendment rights to freedom from warrantless entry into his home, use of excessive force, and arrest without probable cause," Judge Julia Smith Gibbons wrote. "These violations were of clearly established law." The court therefore rejected Vann's claim of qualified immunity.

"Without additional evidence of a threat against the police or bystanders, a report of an armed suspect inside his home does not justify warrantless entry," Gibbons observed. "Here, the only threat Barton made was that 'the next time [he saw] a cat in [his] yard attacking [his] children, it [would] be a dead one.' And when Manchester questioned Barton about the incident, prior to Vann's warantless entry, Barton told Manchester that he had shot at a trampoline pole with a BB gun, not the marauding cat. Vann never heard Barton threaten the officers or any neighbors. Vann never observed Barton with a weapon. Vann never suspected that someone inside the house was in peril. And Vann did not see any evidence of an injured animal."

Regarding the arrest, "a phone call reporting criminal activity, without any corroborating information, does not provide probable cause for an arrest," the 6th Circuit said. "Information from a caller [who] is not an eyewitness to the events lacks indicia of trustworthiness and reliability.Based on the information Vann had at the time, including the exculpatory statement offered by Barton, no reasonable officer would have concluded that there was probable cause for arrest."

As for the claim of excessive force, "Barton has presented sufficient evidence to create a genuine issue of material fact as to whether Vann's use of force was reasonable," Gibbons wrote. "It would be clear to a reasonable officer that the amount of force used by Vann against Barton was unlawful. First, Barton was being arrested for animal cruelty, not a crime that would justify the amount of force used here. It was contested as to whether Barton shot the cat, and even if he did, whether he would have been justified in doing so given the attack on his daughter. There was no threat to human safety from Barton's actions. Second, Barton did not pose an immediate threat to the safety of the officers or others.Third, the facts do not suggest that Barton was resisting arrest or attempting to flee."

After Barton was handcuffed, he claimed, Vann "tossed [him] down" the steps of his front porch toward Manchester. "Vann was on notice that his conduct was a violation of Barton's constitutional right to be free from excessive use of force," Gibbons wrote, "as it was obvious that Vann could not shove a handcuffed detainee off a front porch about three feet off the ground when there was no threat to the safety of the officers or others."

Many qualified immunity decisions involve disputes about whether a right was clearly established. As Fifth Circuit Judge Don Willett has observed, "qualified immunity smacks of unqualified impunity, letting public officials duck consequences for bad behaviorno matter how palpably unreasonableas long as they were thefirst to behave badly." Worse, courts often rule that a right allegedly violated by police was not clearly established without deciding whether their actions were unconstitutional. That approach creates a "Catch-22," Willett said, because "plaintiffs must produce precedent even as fewer courts are producing precedent" and "important constitutional questions go unanswered precisely because those questions are yet unanswered."

In this case, by contrast, the disagreement between Steeh and the 7th Circuit hinged on the proper application of well-established law to the facts of the incident. Even if Vann had not claimed qualified immunity, Steeh might still have held that he was entitled to summary judgment under Rule 56because Barton's allegations were insufficient as a matter of law.

If Barton ultimately persuades a jury that Vann violated his rights (or if the case is settled out of court), Vann almost certainly will not be personally on the hook for any payout. After investigating the practices of 81 law enforcement agencies, UCLA law professor Joanna Schwartz found that "police officers are virtually always indemnified" in civil rights cases. During the period she studied, "governments paid approximately 99.98% of the dollars that plaintiffs recovered in lawsuits alleging civil rights violations by law enforcement."

Originally posted here:

6th Circuit: This Man Can Sue the Cop Who Arrested Him for Defending His Daughter Against a Feral Cat - Reason

Editorial: Surveillance by government must have oversight – Jacksonville Journal-Courier

Journal-Courier staff, dbauer@myjournalcourier.com

When the government tracks the location of a cellphone it achieves near perfect surveillance, as if it had attached an ankle monitor to the phones user, wrote John Roberts, the chief justice of the Supreme Court, in a 2018 ruling that prevented the government from obtaining location data from cellphone towers without a warrant.

We decline to grant the state unrestricted access to a wireless carriers database of physical location information, Roberts wrote in the decision, Carpenter v. United States.

With that judicial intent in mind, it is alarming to read a new report in The Wall Street Journal that found the Trump administration has bought access to a commercial database that maps the movements of millions of cellphones in America and is using it for immigration and border enforcement.

The data used by the government comes not from the phone companies but from a location data company, one of many that are quietly and relentlessly collecting the precise movements of all smartphone-owning Americans through their phone apps.

Many apps weather apps or coupon apps, for instance gather and record location data without users understanding what the code is up to. That data can then be sold to third-party buyers including, apparently, the government.

Since that data is available for sale, it seems the government believes that no court oversight is necessary.

Use of this type of location-tracking data by the government has not been tested in court. And in the private sector, location data and the multibillion-dollar advertising ecosystem that has eagerly embraced it are both opaque and largely unregulated.

The use of location data to aid in deportations also demonstrates how out of date the notion of informed consent has become. When users accept the terms and conditions for various digital products, not only are they uninformed about how their data is gathered, they are also consenting to future uses that they could never predict.

Without oversight, it is inconceivable that tactics turned against unauthorized immigrants wont eventually be turned to the enforcement of other laws. As the world has seen in the streets of Hong Kong, where protesters wear masks to avoid a network of government facial-recognition cameras, once a surveillance technology is widely deployed in a society it is almost impossible to uproot.

The courts are a ponderous and imperfect venue for protecting Fourth Amendment rights in an age of rapid technological advancement. Exhibit A is the notion that the Carpenter ruling applies only to location data captured by cellphone towers and not to location data streamed from smartphone apps, which can produce nearly identical troves of information.

For far, far too long, lawmakers have neglected their critical role in overseeing how these technologies are used. After all, concern about location tracking is bipartisan, as Republican and Democratic lawmakers told Times Opinion last year.

I am deeply concerned by reports that the Trump administration has been secretly collecting cellphone data without warrants to track the location of millions of people across the United States to target individuals for deportation, Rep. Carolyn Maloney, who leads the Oversight and Reform Committee, told The Times. Such Orwellian government surveillance threatens the privacy of every American. The federal government should not have the unfettered ability to track us in our homes, at work, at the doctor or at church. The Oversight Committee plans to fully investigate this issue to ensure that Americans privacy is protected.

Surely, Congress has time to hold hearings about a matter of urgent concern to everyone who owns a smartphone or cares about the government using the most invasive corporate surveillance system ever devised against its own people.

New York Times

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Editorial: Surveillance by government must have oversight - Jacksonville Journal-Courier

Mountain View to pay $350K in settlement over forced sexual assault exam of 5-year-old – Mountain View Voice

A Mountain View couple that sued the city after their young daughter was forced to undergo an invasive sexual assault exam last year has agreed to a $600,000 settlement, according to recent court filings.

Under the agreement, filed with a federal court judge on Feb. 7, the city of Mountain View has agreed to pay the bulk of the costs -- $350,000 -- while Santa Clara County will pay $200,000. A third defendant, private ambulance company American Medical Response (AMR), has also agreed to pay $50,000 for its involvement in the incident.

The civil suit alleges that Mountain View Police Department officers had conducted an "unlawful and unfounded" sexual assault examination on a 5-year-old child in January last year. Three officers came to the family's house on Jan. 28, 2019, and demanded that the girl be examined by a paramedic to see if she had been the victim of sexual abuse.

The child had injured her pubic area three days prior when she fell at a trampoline park, but had since healed, according to the civil complaint. Earlier that day, a staff member at Landels Elementary overheard the girl saying that her vagina had bled or was bleeding, and reported the information to either Child Protective Services (CPS) or law enforcement.

The suit alleges that officers should have recognized the innocuous nature of the injury, but instead they presented the parents with an ultimatum: have a paramedic come to the house to inspect the girl's genitals or drive her to Santa Clara Valley Medical Center for a formal examination.

The suit states that the parents -- Danielle and Douglas Lother -- tried multiple times to offer alternatives, including a trip to a physician to verify the injury was not serious and was healing. Danielle Lother also offered to put officers in contact with witnesses who could corroborate the story that the girl injured herself at a trampoline park.

The parents were reportedly forced to hold down their daughter during the exam the girl was kicking and screaming while a female paramedic examined the child. After two minutes, the paramedic concluded there was nothing apparently wrong with the child's genitals.

A few weeks after the incident, the family filed a claim stating that Mountain View officers, the Santa Clara County social worker and the paramedic all acted improperly, turning an innocent injury into a traumatic event. The claim sought $1 million for severe emotional distress, past and future medical treatment and punitive damages.

The family's attorney, Robert Powell, later filed a federal lawsuit in September alleging that the city, the county and AMR had acted together to violate the family's privacy and due process rights as well as Fourth Amendment rights against unreasonable seizure. It also alleges the defendant's actions amounted to negligence, battery and false imprisonment.

Since demanding the lump sum settlement of $1 million last year, Powell told the Voice that he left it up to the city, the county and AMR to fight among themselves over who had the most culpability. But he said it was pretty clear from the start that the police department was primarily responsible for the way the incident unfolded.

"No one thought for apparently a moment that, 'Hey, this is wrong. This is way overboard,'" he said.

When asked about the settlement amount, Powell said he believes the family could have been awarded more money if it went to a jury trial, but that his clients did not want to go through the stress of reliving the incident in a prolonged court battle.

"It was really, really causing a lot of emotional turmoil for the family and so we settled it, I think, considerably lower than what might have been awarded by a jury," he said. "There's a value to resolution."

Representatives from Santa Clara County did not immediately respond to requests for comment. City spokeswoman Shonda Ranson said the City Council is scheduled for a closed session discussion of the case on Feb. 25, and could not comment further.

After deductions and fees, roughly $438,000 of the settlement will be awarded to the parents, $80,000 will be given to the girl who underwent the exam and $40,000 will go to her sibling, who was interrogated during the incident. The money awarded to the children will be placed in separate secured accounts. Powell will receive $40,000 of the total settlement, plus $1,415 in counsel costs.

Powell, who has been handling CPS-related cases since the 1990s, said the incidents typically involve a child protective services agency and a law enforcement agency. This case was somewhat of an anomaly in that an ambulance company was involved and shared in the settlement agreement, he said. Despite the sizable cost of the incident, Powell said he isn't optimistic it will change the practices of anyone involved going forward.

"I have been handling these kinds of cases for around 23 years and I am back suing the same counties for the second, third and fourth time. In the case of Los Angeles County, I'm back suing them for the fifth, sixth or seventh time," Powell said. "Case after case after case of alarming stupidity, alarming abuse of power."

Original post:

Mountain View to pay $350K in settlement over forced sexual assault exam of 5-year-old - Mountain View Voice

Shooting suspects lawyer demands tour of private house. Thats legal, but… – syracuse.com

Syracuse, NY -- Five years ago, a Syracuse man was nearly killed in a shooting over a dice game inside a Tallman Street residence.

Now, the accused shooters lawyer is seeking to tour the private residence as his client faces a retrial for the April 7, 2015 shooting.

Defense lawyer Stephen Lance Cimino made the argument under the states recent criminal justice law, which allows the defense -- the accused, too, if he or she is free -- an opportunity to tour the crime scene.

But prosecutor Shaun Chase made it clear that his office would challenge the law itself as unconstitutional.

Its a major local test for the states sweeping criminal justice reform, which went into effect Jan. 1, and also included bail reform, the political lightning rod.

Behind-the-scenes, though, rules surrounding the sharing of evidence and access to crime scenes has been perhaps a bigger point of contention.

Onondaga County District Attorney William Fitzpatrick has noted a scenario in which a burglary suspect could be allowed back into the targeted residence in preparation for trial. That could include touring childrens bedrooms.

And Monday, Chase argued that the law violated the Fourth Amendment, subjecting the private citizens of the residence to an illegal search and seizure.

But Cimino fired back that forbidding access to the crime scene denied his clients right to due process, found in both the Fifth and 14th Amendments, as well as rights afforded criminal defendants under the Sixth Amendment.

Cimino said the point wasnt to collect evidence -- five years after the fact -- but to have a first-hand understanding of the layout of the house.

Edwards had already been tried and convicted of attempted murder in the shooting of an 83-year-old man. Hed been sentenced to 20 years to life in prison. But an appellate court overturned his conviction on procedural grounds.

Edwards has always maintained that he and the victim were struggling over the gun when it went off. An understanding of the crime scene and where everyone was located is crucial to that defense.

The prosecutor said hed file a protest with the Attorney Generals Office. Cimino vowed to file a response.

State Supreme Court Justice Gordon Cuffy delayed any decision over touring the crime scene until that fight played itself out.

Edwards remains jailed as he awaits his new trial. That means that he would not be touring the crime scene personally, even if his lawyer is granted access.

Thanks for visiting Syracuse.com. Quality local journalism has never been more important, and your subscription matters. Not a subscriber yet? Please consider supporting our work.

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Shooting suspects lawyer demands tour of private house. Thats legal, but... - syracuse.com

Snapchat is testing a big new redesign – The Verge

Snap is working on two significant tests that could reshape its flagship app in a critical year. Tipsters have provided me with screenshots of two ongoing tests that have rolled out to a small percentage of Snapchats user base. One is a redesign of the app for Android and iOS that provides a new home for the Snap Map and the companys original video programming. The other is a test of breaking news headlines inside the app that injects timely news briefs into Snapchat to complement the existing magazine-style stories on the Discover page.

Lets look at them in turn.

The redesign takes an app that has long been limited to three screens and splits them into five. Snapchat currently opens to the camera, with a space for chats to the left and the Discover page which features a collection of ephemeral stories from friends, creators, third-party publishers, and Snap itself to the right. In the new design, the Snap Map which displays your friends physical locations on an animated map, and was previously accessed by pulling down from the camera screen is now on the left of your chats. Discover has been renamed Community. And Snaps slate of original series, which includes serialized dramas and reality-style programs, can be found to the right of Community in a new tab that has inherited the Discover name.

Perhaps most dramatically for Snap, which once seemed to pride itself in its obscure design choices, Snapchat is getting a navigation bar. Youll be able to see where you are within the app at a glance, and move directly from screen to screen with a single tap instead of swiping. Its both a totally obvious thing to do and, for Snap, a radical departure.

Were exploring ways to streamline navigation across Snapchat, soliciting feedback from our community to inform future versions of our app, a Snap spokeswoman told me. This tests UI offers more space to innovate and increases the opportunity to engage with and discover even more of what Snapchat has to offer.

The test of this new look comes three years after Snaps last redesign, which was widely panned and spurred 2 percent of active users to stop using Snapchat entirely. Snap gradually walked back some of the most hated changes, and that combined with new attention to its long-neglected Android app and marketing itself internationally led the company to have something of a comeback last year. Snapchat has added uses for the past four straight quarters, and is now used by 218 million people a day.

Still, the company is not profitable. And while it remains a hit with high school and college-age users, adults who try the app still complain loudly that they find Snapchat difficult to use. I find these complaints somewhat overstated I think most people avoid learning how to use any technology they dont have to, and that if boomers friends were all using Snapchat they would manage to figure it out within a couple of days. But still, theres no denying that Snapchat has a learning curve higher than, say, Facebook Messenger.

And for everything that did to give Snapchat a sense of cool in its early days, theres a good argument to be made that its more arcane user decisions are holding it back. Id put the location of the Snap Map high on that list its a clever feature that Facebook has found itself totally unable to copy due to privacy concerns, and today its basically invisible inside Snapchat. Giving the map an easy-to-find screen within the app feels like a no-brainer.

Similarly, Snap has invested heavily in premium programming for its Snap Originals. (Although not quite as heavily as, say, Quibi.) Currently, what Snap calls Shows are displayed in a row next to other publisher content on the Discover page, where they are easily ignored. Giving them a place of prominence within the app feels like a similarly obvious step.

Still, Snap learned its lesson from the great redesign debacle of 2017, which it rolled out globally with very little testing. Today Snap, like every other social company, is taking a deliberate approach to major changes. I suspect this one will be popular and ultimately implemented, though. Where the bad redesign scrambled a bunch of popular elements and moved them into unfamiliar places, the five-screen design feels additive to the experience. You navigate the app less, and use it more. Thats a win for the company.

The second test, while less dramatic, is more relevant to our everyday interests here at The Interface. There are two basic ways to put news on your social platform. The first is to let everyone fight it out in a feed, and do some light curating around the big moments. Think the Twitter timeline plus Moments, or Facebooks News Feed plus a news tab. The upside to this approach is that you make room for lots of voices, including some who have been historically marginalized. The downside is that lots of voices have historically been marginalized for a reason theyre overtly racist, for example, or they tell you that drinking bleach will cure your cancer.

The second approach, and the one favored by Snap, has been to allow only whitelisted publishers onto the platform. In theory, this should elevate high-quality and mainstream news publishers while limiting the amount of misinformation on the platform. It hasnt always been perfect Snapchats Discover page has long been criticized for clickbait and sexually provocative stories but the company has seen far fewer scandals around hosting dangerous and extremist content than its peers.

The news briefs I saw featured timely headlines from publishers include NowThis, the Wall Street Journal, and the Washington Post. Called Happening Now, the section curates top headlines about developments in the United States and the world. Each one-sentence headline can be tapped to bring up a full screen news brief containing a photo and a short article. (The one I saw, about the New Hampshire primary, was about 75 words.)

Snap confirmed the test.

We are in the very early stages of exploring how to evolve news offerings on Snapchat, the company said. We are working with a handful of partners and testing with a small percentage of Snapchatters in the U.S. We dont have additional details to share at this time.

A collection of news briefs may look like a small thing, and perhaps it is. But surfacing high-quality mainstream news outlets like the Post and the Journal to a young audience strikes me as a good thing, particularly in an election year.

Snap emphasized to me that both of these tests are in their early stages and might change substantially before they are released to a global audience, if they are released globally at all. But it seems clear to me that at least in the case of the redesign, larger forces will continue pulling them toward the more accessible version of the app I saw in screenshots.

Having a reputation for being inaccessible benefited Snapchat until it didnt. As the app grows up, its working to become a more welcoming place. Which means being a little bit more like everyone else.

Correction, 10:11 p.m.: This article originally said Snapchat is used by 218 million people a month. It is actually used by 218 million people a day.

In Tuesdays edition we referred to Maui in Moana as a god. A sharp-eyed reader pointed out that Maui is, in fact, a demi-god. The Interface regrets the error.

Today in news that could affect public perception of the big tech platforms.

Trending up: Twitter partnered with the US Census Bureau to launch a new tool aimed at combating misinformation about the Census. When someone searches for certain keywords associated with the Census, a prompt will direct them to an official government website.

Trending up: Instagram rolled out an update to combat misinformation about the coronavirus. Now, when users click on the #coronavirus hashtag, theyll see a notice encouraging them to visit the Centers for Disease Control and Prevention website for credible information.

Trending down: Coronavirus rumors are still going viral on YouTube despite the companys efforts to stop them from spreading. The video platform is doing better than many other social networking sites, but misinformation abounds.

Mike Bloomberg has outspent Trump on Facebook ads since joining the presidential race. Over the past two weeks, the former mayor of New York has spent an average of $1 million a day on Facebook ads. Heres David Ingram at NBC:

On a single day, Jan. 30, Bloomberg bought $1.7 million worth of Facebook ads, signaling just how much hes willing to put his personal wealth behind his long shot bid.

His campaign budget is virtually limitless, so he has the luxury of being able to engage on all of the campaign battlefronts, said Fernand Amandi, a Democratic political consultant in Miami who is not working for a presidential candidate this year.

Bloomberg, with an estimated net worth of around $61 billion, said after the muddled results from the Iowa caucuses that he would ramp up his budget for ads and staff. Hes focused on the dozen-plus states that will cast votes on Super Tuesday, March 3, which is reflected in his Facebook spending.

The UK government is planning to give platforms like YouTube, Twitter, and Facebook a mandate to protect their UK users from illegal content related to child exploitation and terrorism, as well as harmful content more generally. The regulations will apply to any websites that allow user-generated content. What will this mean in practice? Seems like it could be big. (Jon Porter / The Verge)

Facebook suspended a network of accounts used by Russian military intelligence to plant misinformation online. The network targeted Ukraine and other countries in Eastern Europe. (Jack Stubbs / Reuters)

Facebook also suspended two more networks of accounts that were each engaging in coordinated inauthentic behavior on behalf of a government. The first operation originated in Iran and focused mainly on a US audience. The second originated in Myanmar and Vietnam and targeted audiences in Myanmar. (Facebook)

Facebook has been trying to ban gun sales on the platform for four years. But gun sellers are finding workarounds, gaming the Marketplace by using coded language. (Matt Drange / Protocol)

Facebook delayed the rollout of its dating feature in Europe after the Irish Data Protection Commission raised issues with the features compliance with European Union data protection rules. The feature was supposed to debut before Valentines Day. (Sad trombone.) (Parmy Olson / The Wall Street Journal)

A man experiencing homelessness in Los Angeles is suing the city over a Facebook page used by police. The lawsuit asserts that Facebook groups where residents were complaining about homeless encampments led to the man being harassed by police. (Emily Alpert Reyes / Los Angeles Times)

The Department of Homeland Security is buying up cell phone location data for immigration and border enforcement purposes. While this seems like it could infringe on peoples Fourth Amendment rights, its unclear whether using location data to target people constitutes an unreasonable search and seizure. (Gilad Edelman / Wired)

WeChat users in the US and Canada are having their messages about the coronavirus blocked to prevent contacts in China from seeing them. Its yet another example of China trying to censor unflattering information, even on international soil. (David Gilbert / Vice)

Essential Products, a consumer electronics start-up founded by the former Google executive Andy Rubin, is shutting down. The company was dogged by news about Rubins departure from Google, which involved a $90 million exit package and credible sexual misconduct allegations from an employee. (Rubin denied the allegations.) Daisuke Wakabayashi and Erin Griffith at The New York Times have the story:

In 2018, Essential received buyout interest from larger companies like Amazon, Walmart and several telecom carriers, according to a person familiar with the situation who was not authorized to speak on behalf of the company. Walmart and Amazon did not immediately respond to a request for comment.

Any potential buyout would have valued the company below its $1 billion valuation, the person said.

But interest evaporated, in part because of the risk associated with Mr. Rubins workplace scandals. In 2017, The Information, a technology news site, reported that he had departed Google after an inappropriate relationship with a subordinate, prompting him to take a leave of absence from Essential to deal with personal matters.

Tim Sweeney, co-founder of Epic Games, criticized Facebook and Google onstage at the DICE Summit in Las Vegas. They provide free services then make you pay for their service in loss of privacy and loss of freedom, he said.

Carlos Maza, a journalist who calls YouTube deeply unethical and reckless, left Vox to work full-time as a YouTube creator. The move shocked fans whod come to know Maza as a critic of the video-sharing platform, after it failed to stop a right-wing pile-on against him last year. Fun little profile. (Kevin Roose / The New York Times)

YouTube is testing out a new clap feature to let fans donate to creators. The emphasis on donations suggests YouTube is closely watching whats working for creators on Twitch. Look what happens when platforms have something meaningful to compete against! (Julia Alexander / The Verge)

WhatsApp hit two billion users, up from 1.5 billion two years ago. The Facebook-owned messaging app is now the most popular chat platform. Seems like it will be a strong and growing business when the FTC forces Facebook to spin it into a separate company! (Manish Singh / TechCrunch)

In the early days of Facebook, Mark Zuckerberg kept his plans for world domination in handwritten journals. He destroyed them. But a few revealing pages survived in this excerpt from a new book that I just got my hands on yesterday. (Steven Levy / Wired)

Reuters launched a new business unit to fact check misinformation on Facebook. The team will review videos and photos as well as news headlines and other content in English and Spanish submitted by Facebook or flagged by the wider Reuters editorial team. (Josh Constine / TechCrunch)

Digital blackface the appropriation of words, dances, GIFs, and memes originating within communities of color has found its way to TikTok. Questionable hashtags like #Ghetto, #InTheGhetto, and#NWordPass have taken off, as have challenges like #CripWalk. We should be talking a lot more about digital blackface, which you see everywhere once you start looking for it. (Tatiana Walk-Morris / OneZero)

Gossip influencers are creating an entire economy around chronicling the lives and romantic adventures of social media stars. In the process, theyre blurring the line between reporting and influencing. Were here for it! (Rebecca Jennings / Vox)

Tech billionaires give away billions but its just a small fraction of their staggering wealth. When you look at how much theyre giving away verses how much is in their bank accounts, the situation appears less admirable. (Theodore Schleifer / Recode)

This is what happens when you finally talk to the person youve been swiping left on, on Tinder (and why they keep showing up). Kaitlyn Tiffany has an absolutely perfect piece in The Atlantic on a phenomenon familiar to any longtime Tinder user (ahem): the person who keeps swiping right on you and showing up in your feed no matter how many times you say no to them:

I had heard from women on Twitter, and from one of my offline friends, that Alex was rude in their DMs after they matched on Tinder. When I asked him about this, he said, Im very narcissistic. I own that.

Hammerli works in digital marketing, though he would not say with what company. He uses Tinder exclusively for casual sex, a fact that he volunteered, along with an explanation of his views on long-term relationships: Idiotic in a culture where we move on from shit so easily and upgrade iPhones every year. When I asked whether hes ever been in love, he responded: lmao no. Monogamy, he said, is a fly-over state thing.

Happy Valentines Day.

Send us tips, comments, questions, and additional Snapchat tests: casey@theverge.com and zoe@theverge.com.

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Snapchat is testing a big new redesign - The Verge

Property, Privacy and New Technology – Roanoker

Join the Star City Thinkers discussions.

We the people have rights given by the Constitution and laws of the land. Owners of producing property, including the providers of high tech products, have rights given by the Constitution and laws of the land. BUT now as in the past laws need to be changed and interpretations of the Constitution may need to change OR the Constitution, itself, may need to be changed.

We will complete a short review of Net Neutrality whereas, there is a conflict between the property rights of original providers and those businesses who wish to hitch a ride on the train; as well as, issues of what is best for the consumers. See ProCon.org link below.

We will then look at 4th amendment issues where there is conflict with privacy issues. See Heritage Foundation link below.

KEY REVIEW MATERIAL:

Should Net Neutrality Be Restored? - Top 3 Pros and Cons

https://www.procon.org/headline.php?headlineID=005390

The Fourth Amendment and New Technologies

https://www.heritage.org/report/the-fourth-amendment-and-new-technologies

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Property, Privacy and New Technology - Roanoker

Benefits Of Astronomy As A Subject In Primary And Secondary Schools Curricula – Space in Africa

Nigerias educational curricula entail a 9-year Basic Education Curriculum (six years in primary school and three years in junior secondary school) and three years in senior secondary school. According to the Nigerian Education Research and Development Council (NERDC), the Basic Education Curriculum was formulated towards the attainment of mathematical abilities and literacy competencies, and will also lay the foundation towards entrepreneurial and vocational skills acquisition as well as prepare the students for senior secondary education.

The goal of the curriculum structure for senior secondary schools is to allow the students to acquire technical skills, have an understanding of the increasing complexity of Technology as well as prepare them for higher education. However, these curricula do not in entirety explore certain areas of study which knowledge becoming more needed in the world. One of such areas is the study of Astronomy, but then theres also the question of why Astronomy as a subject should be introduced into the Nigerian education curricula for basic and secondary schools; the answer is not far-fetched.

Astronomy is the scientific study of the universe, celestial bodies, gas and dust within it. It is one of the oldest science fields that is deeply rooted in several cultures, African culture inclusive. It creates environmental awareness and enlightens humans about the universe.

An average human has a curious mind and always seeks to find an answer to every question. This trait is even more active in children and young adults. They always want to know more about the world around them. Common astronomy-related questions they ask are; why the stars twinkle, why some stars are so bright, where we came from, why is there so much we dont know about the universe, etc. Unfortunately, as they grow up and go through the school processes, the frame of school works and educational system begin to limit their curiosity as there is hardly any subject which embraces and provides the much-needed answers to these questions. Introduction of astronomy to children and young adults is one of the best ways of harnessing their curiosity.

Astronomy as an interesting subject can be taught in a series of indoor and outdoor sessions, and visitations to interesting places. Through movies, slides, moon observations, watching sunspots, visiting planetarium and observatories, children are exposed to opportunities to explore, thereby nurturing their curiosity and propensity for invention.

Also, incorporating astronomy into the secondary school curriculum will give a more interesting approach to some science subjects. Astronomers use mathematics and physics theories all the time, and this has influenced the development of some branches of Physics and Mathematics such as Trigonometry, Calculus, Logarithm, Gravity, etc.

According to Edutopia, relating things that are usually boring and difficult to that which arouses their curiosity, will make students more capable of learning. For example, explaining to a science student how Pythagoras Theorem, Trigonometry and Parallax method is used to calculate the distance of a particular star or star cluster to the earth helps the student better remember how to solve the problem in the future.

At the senior secondary level, Geography was added to the curriculum so the students can learn about the human environment. But, Geography is limited to the study of the physical properties of the earth, places on earth and human interactions with it while Astronomy encompasses the study of the whole universe. Geography is therefore not a substitute for Astronomy as some may perceive.

Astronomy is sometimes too abstract and complicated, as some people may say. Yes! It is, but there is nothing too complex to be broken into bits. Introduction to spatial thinking at this early stage will certainly capacitate students with the ability to think outside the box.

Furthermore, space technology is a branch of astronomy that deals with the exploration of outer space, and includes spaceflight, and development of satellites. Satellite technology has helped to improve the quality of life on Earth. There are different types of satellites, and each is launched for a specific purpose. In Africa, satellites launched so far have been useful for earth observation, communication and other developmental purposes. Satellite coverages have offered fact-based viewpoints that have helped overcome our eminent challenges and will continue to do so much more in the future. Earth-imaging satellites have been improving our agricultural yields, food security, disaster monitoring, wildlife protection, and can reduce or eliminate terrorism. Ultimately, satellite technology contributes immensely to the economic development of a nation.

According to Space in Africa, Space science and technology in Africa set lots of new records in 2019. In 2019 alone, eight satellites were launched by five different countries in Africa. These are signs of economic growth.Now, how many of the younger generations are aware of these developments, and are looking forward to having a career in this field? How will these happen if they are not allowed to know about Astronomy before they reach the stage where their interests get narrowed down? Most Nigerian Astronomy students encountered this field when they were enrolling to study in higher institutions. Adaptation to the course was, therefore, not smooth because of the lack of prior knowledge.

Interestingly, students can still go on to study other courses in higher institutions like mechanical engineering, biology, chemistry, history, language arts, law, etc., and still participate in the advancement of space science and technology in Africa. How? Because astronomy is one of the most interdisciplinary course there is.

With the international effort to build the worlds largest radio telescope SKA (Square Kilometre Array) across select countries in Africa, expertise in several fields like data analysis, development of supercomputers, etc. will be needed. For indigenous youths to be competent enough to fit into these positions and participate in this field, exposure to at an early stage is vital.

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Benefits Of Astronomy As A Subject In Primary And Secondary Schools Curricula - Space in Africa

The Sky This Week from February 7 to 16 – Astronomy Magazine

Monday, February 10Mercury climbs to its maximum altitude in the evening sky tonight, when it lies some 11 high in the west-southwest 30 minutes after sunset. This peak coincides with the planet reaching its greatest elongation from the Sun. Mercury shines at magnitude 0.6, so it should be easy to spot in the deepening twilight. If you cant see it with your naked eye, binoculars will show it easily. Target the planet through a telescope and you will see a 7"-diameter disk that appears half-lit.

Tonight may be your last best chance to track down Neptune during its current apparition. The outermost major planet glows at magnitude 8.0, so youll need to wait until darkness falls and then use binoculars or a telescope to find it. Neptunes low altitude it lies barely 8 above the western horizon as twilight ends only adds to the challenge. What makes tonight so appealing for a planet quest is that the ice giant world skims just 2' north of the 4th-magnitude star Phi () Aquarii. Thats about the separation between Io and Jupiter when the innermost jovian moon reaches greatest elongation. To confirm a Neptune sighting, aim a telescope at your suspected target. Only the planet shows a 2.2"-diameter disk and subtle blue-gray color.

The Moon reaches perigee, the closest point in its orbit around Earth, at 3:28 p.m. EST. It then lies 223,980 miles (360,461 kilometers) away from us.

Tuesday, February 11Tonight should provide your first good opportunity of 2020 to view the zodiacal light. From the Northern Hemisphere, late winter and early spring are the best times of year to observe this elusive glow after sunset. It appears slightly fainter than the Milky Way, so youll need a clear moonless sky and an observing site located far from the city. With the waning gibbous Moon now exiting the early evening sky, the next two weeks will be prime viewing times. Look for the cone-shaped glow, which has a broad base and points nearly straight up from the western horizon, after the last vestiges of twilight have faded away.

Wednesday, February 12Ruddy Mars continues to grace the predawn sky this week. The Red Planet now rises before 4 a.m. local time and climbs 20 above the southeastern horizon an hour before sunrise. Mars glows at magnitude 1.3 against the backdrop of Sagittarius the Archer, having crossed the border from Ophiuchus the Serpent-bearer just yesterday. Although the passage from Ophiuchus into Sagittarius is little more than a technical milestone, it does set up a series of pretty conjunctions with some of the Archers deep-sky gems next week. Unfortunately, a telescope doesnt add much to our current view of the planet, revealing a bland disk that measures just 5" across.

Thursday, February 13Although Saturn passed on the opposite side of the Sun from Earth only a month ago, it already appears low in the southeast before dawn. Look for the magnitude 0.6 ringed planet some 10 to the lower left of brilliant Jupiter. Saturns low altitude means it wont look like much through a telescope, though that will change in the coming months.

Friday, February 14In what seems a fitting tribute, the planet named after the Roman goddess of love shines brilliantly in the evening sky on Valentines Day. Venus gleams at magnitude 4.2 and shows up easily in the west-southwest within a half-hour after sunset. It grows even more prominent as darkness settles over the landscape. The planet doesnt set until a bit after 8:30 p.m. local time. If you turn a telescope on Venus, youll see a disk that spans 17" and appears about two-thirds lit.

Saturday, February 15Last Quarter Moon occurs at 5:17 p.m. EST. Look for it either before dawn this morning (when it lies among the background stars of Libra and looks slightly more than half-lit) or after it rises around 1:30 a.m. local time tomorrow (when it stands against the backdrop of northern Scorpius and appears as a fat crescent).

Continued here:

The Sky This Week from February 7 to 16 - Astronomy Magazine

Solar Orbiter is on its way to study the Sun – Astronomy Magazine

Last night at 11:03 p.m. EST, the European Space Agency (ESA) and NASA successfully launched their joint Solar Orbiter mission from Cape Canaveral Air Force Station in Florida, with the spacecraft catching a ride aboard a United Launch Alliance Atlas V rocket.

During its mission, the Solar Orbiter will get up close and personal with the Sun in order to investigate our host star and its magnetic field, as well as how the Sun influences our solar system as a whole. Though the spacecraft will spend a few years easing into its unique elliptical orbit around the Sun, once there, it will be well positioned to also study the Suns poles up close for the first time.

Equipped with a camera, the orbiter's special orbit which occasionally takes it closer to the Sun than Mercury ever gets will enable the spacecraft to snap the first ever photos of the Sun's poles. Over the course of its mission, researchers plan to have the Solar Orbiter make 22 close approaches to the Sun.

There are 10 different instruments onboard the orbiter that will collaboratively study the Sun, including a visible light telescope and tools to capture solar wind particles, dust, and cosmic rays.

As humans, we have always been familiar with the importance of the Sun to life on Earth, observing it and investigating how it works in detail, but we have also long known it has the potential to disrupt everyday life should we be in the firing line of a powerful solar storm, Gnther Hasinger, ESA director of Science, said in a NASA press release. By the end of our Solar Orbiter mission, we will know more about the hidden force responsible for the Suns changing behavior and its influence on our home planet than ever before."

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Solar Orbiter is on its way to study the Sun - Astronomy Magazine

Astronomers Find Three Massive Exoplanets Orbiting Evolved Star | Astronomy – Sci-News.com

Using data from NASAs Kepler/K2 mission and several ground-based instruments, astronomers have discovered a planetary system with three transiting planets around the 9-billion-year-old star EPIC 249893012.

An artists impression of the EPIC 249893012 planetary system. Image credit: Sci-News.com.

EPIC 249893012 is a G8-type evolved star located approximately 1,057 light-years away from Earth.

Also known as 2MASS J15125956-1643282 or TYC 6170-95-1, the star is 71% larger than the Sun, but has a mass of just 1.05 times solar.

EPIC 249893012, which is approximately 9 billion years old, hosts at least three massive planets.

The inner planet is a hot super-Earth with an orbital period of 3.6 days.

Named EPIC 249893012b, the alien world is 1.95 times bigger than Earth and 8.75 times more massive.

EPIC 249893012b is a super-Earth with a density compatible with a pure silicate composition. However, a more realistic configuration would be a nickel-iron core and a silicate mantle, said Diego Hidalgo from the Instituto de Astrofisica de Canarias and the Universidad de La Laguna, Tenerife, and his colleagues.

The planet has some residual hydrogen-helium atmosphere, which enlarges its radius but does not significantly contribute to the total planet mass.

Planets EPIC 249893012c and d are warm sub-Neptunes with orbital periods of 15.6 and 35.7 days, respectively.

They have masses and radii of 14.67 Earth masses and 3.67 Earth radii and 10.2 Earth masses and 3.94 Earth radii.

The three new planets were first discovered in data from the Kepler/K2 mission.

Hidalgo and co-authors then confirmed the discovery using the InfraRed Camera and Spectrograph (IRCS) on the 8.2-m Subaru Telescope, the High Accuracy Radial velocity Planet Searcher (HARPS) spectrograph at the 3.6-m telescope of ESOs La Silla Observatory, and the HARPS-N spectrograph at the 3.58-m Telescopio Nazionale Galileo at Roque de Los Muchachos Observatory.

Combining K2 photometry with high-resolution imaging and high-precision Doppler spectroscopy, we confirmed the three planets and determined their masses, radii, and mean densities, the astronomers explained.

Because the EPIC 249893012 system is at an early stage of its evolution after leaving the main sequence, it is a good candidate for a detailed study of its dynamical evolution to (i) shed light on the formation of close-in giant planets, and (ii) test a hypothesis that giant planets form a dynamical barrier that confines super-Earths to an inward-migrating evolution, they said.

The teams paper was published in the journal Astronomy & Astrophysics (arXiv.org preprint).

_____

D. Hidalgo et al. 2020. Three planets transiting the evolved star EPIC 249893012: a hot 8.8-MEarth super-Earth and two warm 14.7 and 10.2-MEarth sub-Neptunes. A&A, in press; doi: 10.1051/0004-6361/201937080

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Astronomers Find Three Massive Exoplanets Orbiting Evolved Star | Astronomy - Sci-News.com

The Night Sky Will Never Be the Same – The Atlantic

Before Starlink launched, SpaceX coordinated with the National Science Foundation and its radio-astronomy observatories to make sure there wouldnt be any overlap. Unfortunately for optical astronomers, there is no such framework when it comes to the brightness of satellitesno international body in Geneva, let alone a dedicated agency in the United States. The Federal Communications Commissions regulatory realm spans communication networks across multiple industries, which means its oversight includes, oddly enough, both satellites and offensive Super Bowl commercials. But while American satellites need the agencys permission to launch, the FCC does not regulate the appearance of those satellites once theyre in orbit.

Read: The dark side of light

From the ground, Starlink satellites appear as points of light moving from west to east, like a string of tiny pearls across the dark sky. (Some people have even mistaken them for UFOs.) The satellites are at their brightest after launch, before they spread out and rise in altitude, and are visible even in the middle of cities. They appear dimmer after a few months, when they reach their final orbit, about 342 miles (550 kilometers) up, but even then they can still be seen in darker areas, away from the glare of light pollution.

In the months since they first launched, the Starlink satellites have been essentially photobombing ground-based telescopes. Their reflectiveness can saturate detectors, overwhelming them, which can ruin frames and leave ghost imprints on others. Vivienne Baldassares work depends on comparing images taken night after night and looking for nearly imperceptible variations in light; the slightest shifts could reveal the existence of a black hole at the center of a glittering, distant galaxy. Baldassare, an astronomer at Yale, cant see behind the streak of a satellite. You cant just subtract that off, she says. Some objects, such as comets, are better viewed during dawn and dusk, when theres just enough sunlight to illuminate them. But because they orbit close to Earth, the Starlink satellites can be seen during these hours, too; imagine missing a comet as it passes uncomfortably close to Earth because of too many satellites.

SpaceX is actively working with leading astronomy groups from around the world to make sure their work isnt affected, says the companys spokesperson, James Gleeson. To that end, one satellite in a batch of 60 launched in early January with experimental coating that might make it less reflective. Engineers wont know how well it worked until the satellite reaches its final orbit.

As it waits for those data, SpaceX has continued to launch dozens of the original satellites. The company wants to deploy more than 1,500 satellites in 2020 alone, which means launches could come every few weeks. On top of those, the company OneWeb is scheduled to launch a batch of its own internet satellites this week; the proposed constellation of about 650 will fly at higher altitudes, which might have the paradoxical effect of being too dim to see from the ground but bright enough for telescopes to spot well into the night. And Jeff Bezoss Amazon has asked the FCC for permission to someday launch a network of 3,200 internet satellites. In a few years time, three companies alone might transform the space around Earth, with SpaceX leading the pack.

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The Night Sky Will Never Be the Same - The Atlantic

Astronomers Find Ultramassive Galaxy From The Early Universe That Suddenly Died – ScienceAlert

Astronomers have found a monster galaxy causing trouble in the early Universe.

When the Universe was just 1.8 billion years old, galaxy XMM-2599 was already a colossal chonker. It was also already dead as a doornail.

Sometime between the Big Bang (13.8 billion years ago) and 12 billion years ago, it had ballooned out in a burst of star formation - and then completely stopped.

"Even before the Universe was 2 billion years old, XMM-2599 had already formed a mass of more than 300 billion suns, making it an ultramassive galaxy," said physicist and astronomer Benjamin Forrest of the University of California, Riverside.

"More remarkably, we show that XMM-2599 formed most of its stars in a huge frenzy when the Universe was less than 1 billion years old, and then became inactive by the time the Universe was only 1.8 billion years old."

For a long time, astronomers thought giant galaxies couldn't form in the early Universe. As our technology advanced, and we grew better at peering into those far reaches of space-time, those assumptions have been challenged.

It turns out the early Universe was swimming withmassive things that, according to our cosmological models, shouldn't have had time to grow. Numerical models can now account for massive galaxies like XMM-2599.

But something that got so large so quickly and then just stopped growing all of a sudden? That's a whole 'nother kettle of weird.

XMM-2599 is not the first. A few years ago, astronomers found a massive galaxy called ZF-COSMOS-20115 that had burst into life, then stopped suddenly by the time the Universe was 1.7 billion years old. ZF-COSMOS-20115, however, was 'only' 170 billion solar masses - just over half the mass of XMM-2599.

"In this epoch, very few galaxies have stopped forming stars, and none are as massive as XMM-2599," said physicist and astronomer Gillian Wilson of UC Riverside.

"The mere existence of ultramassive galaxies like XMM-2599 proves quite a challenge to numerical models. Even though such massive galaxies are incredibly rare at this epoch, the models do predict them. The predicted galaxies, however, are expected to be actively forming stars.

"What makes XMM-2599 so interesting, unusual, and surprising is that it is no longer forming stars, perhaps because it stopped getting fuel or its black hole began to turn on. Our results call for changes in how models turn off star formation in early galaxies."

Based on spectroscopic observations taken of the galaxy, the research team were able to piece together XMM-2599's star formation history. In order to get so huge, it would've had to have been forming stars at a rate of 1,000 solar masses every year for around 500 million years, at the peak of its starburst activity.

The Milky Way's star formation rate, for context, is currently around three or four solar masses per year.

Although high, XMM-2599's peak star formation rate is not unique for its time period. In 2008, a galaxy called EQ J100054+023435 was caught churning out stars at a rate of over 1,000 solar masses per year, 12.2 billion years ago. It, however, like ZF-COSMOS-20115, was much less massive than XMM-2599, at just 10 billion solar masses. And it wasn't dead.

In the past few years, simulation software has improved a great deal, and can account for extreme star formation in the early Universe. But it can't yet produce conditions that result in dead massive galaxies - what we see in ZF-COSMOS-20115 and XMM-2599.

So, there's plenty of question marks over XMM-2599. Did it form from a bunch of other galaxies? What turned it off?

And what did it evolve into in the 12 billion years since its light started its long journey across the Universe? Did it stay dead? Did it flare back to life, like the Milky Way? Or did something else happen?

"We have caught XMM-2599 in its inactive phase," Wilson said.

"We do not know what it will turn into by the present day. We know it cannot lose mass. An interesting question is what happens around it. As time goes by, could it gravitationally attract nearby star-forming galaxies and become a bright city of galaxies?"

Space, man. It's freaking nuts.

The research has been published in The Astrophysical Journal Letters.

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Astronomers Find Ultramassive Galaxy From The Early Universe That Suddenly Died - ScienceAlert

Scientists detect an unexplainable radio signal from outer space that repeats every 16 days – USA TODAY

Fast radio bursts can emit as much power as hundreds of millions of suns but only last a few milliseconds, making them difficult to study, until now. Buzz60

For the first time, scientists have detected a radio signal from outer space that repeatsat regular intervals.

The series of "fast radio bursts" short-lived pulses of radio waves that come from across the universe were detected about once an hour for four days and then stopped,only to start up again 12 days later.

This cycle repeated every 16.35 days for more than a year, according to a new paper about the research.

The bursts originated from a galaxy about500 million light-years away.

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"The discovery of a 16.35-day periodicity in a repeating FRB source is an important clue to the nature of this object," the scientists said in the paper.

An artist's conception of how ground-based telescopes detected a "fast radio burst" from a distant galaxy.(Photo: CSIRO/Andrew Howells)

The repeating pattern, reports Science X Network, "suggests the source could be a celestial body of some kind orbiting around a star or another body. In such a scenario, the signals would cease when they are obstructed by the other body."

"But that still does not explain how a celestial body could be sending out such signals on a regular basis," Science X said. "Another possibility is that stellar winds might be alternately boosting or blocking signals from a body behind them. Or it could be that the source is a celestial body that is rotating."

Alien signals?More bizarre 'fast radio bursts' detected from outer space

It's not likely to be aliens, the Massachusetts Institute of Technology said in a statement, because the signals are a sign of energetic events that are on the extreme scale of the cosmos. "Even a highly intelligent species would be very unlikely to produce energies like this. And there is no detectable pattern so far that would suggest theres a sentient hand at play," MIT said.

Fast radio bursts last only a few milliseconds, which makes it difficult to accurately determine where they have come from.

"One of the greatest mysteries in astronomy right now is the origin of short, dramatic bursts of radio light seen across the universe," the Max Planck Institute for Radio Astronomysaid in a statement.

"Although they last for only a thousandthof a second, there are now hundreds of records of these enigmatic sources," the institute said.

Since 2007, according to MIT, most of the radio bursts are one-offs, but a small number are repeaters which recur in the same place.

Thefast radio burst that repeats every 16 days was detected by the Canadian Hydrogen Intensity Mapping Experiment, a radio telescope designed and built by several groups of Canadian scientists to study space phenomena.

#BroomChallenge: You can actually stand a broom up anytime during the year

You may like: NASA astronaut Christina Koch returns to Earth after recording-setting 328 days in space

The CHIME telescope in British Columbia will help detect future fast radio bursts.(Photo: Andre Recnik)

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Scientists detect an unexplainable radio signal from outer space that repeats every 16 days - USA TODAY