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Daily Archives: January 10, 2014
Second Amendment Wife – Video
Posted: January 10, 2014 at 7:42 am
Second Amendment Wife
First project of 2014! The "Femme Fatal" in this piece is my beautiful angry wife Ciera. The two guys are my bro-in-law Logan Awwiller and friend Mason Wilke...
By: Daniel Woods
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Beginning Reloading, Second Amendment Rights and your Freedom – Video
Posted: at 7:42 am
Beginning Reloading, Second Amendment Rights and your Freedom
I salute my United States flag, I thank my military for their selfless sacrifice to uphold our freedoms, I stand ready to protect my constitution and I pray ...
By: Bill Morgan
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Beginning Reloading, Second Amendment Rights and your Freedom - Video
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War on the The Second Amendment – THE TRUTH UNCOVERED – Video
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War on the The Second Amendment - THE TRUTH UNCOVERED
Please click here to subscribe to my channel, Thanks https://www.youtube.com/user/TheAlternativeNews24 From Wall Street and US finance to conspiracies and th...
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Chicago fights gun rights, and loses
Posted: at 7:42 am
Chicago Police First Deputy Superintendent Alfonsa Wysinger, second from left, speaks at a news...
Since the death of communism in most of the places where it once prevailed, North Korea and Cuba function mainly as educational exhibits for an irrelevant and unsuccessful ideology. When it comes to the Second Amendment right to keep and bear arms, the city of Chicago fills a similar role.
The city is famous for some of the strictest gun laws in the country. In 1982, it approved a near-total ban on handguns. In 1992, it outlawed "assault weapons." Mayors and aldermen never tired of railing against firearms.
In 2008, when the Supreme Court struck down a handgun ban in Washington, D.C., it was clear that Chicago was on what liberals often refer to, in other contexts, as the wrong side of history. But the people in City Hall were either not smart enough or not honest enough to make peace with change. They preferred to emulate the cavalry troops in "The Charge of the Light Brigade," who rallied to the call "Charge for the guns!" despite the certainty of defeat.
In the 2008 verdict, the justices said the Second Amendment upholds an individual right to possess firearms for self-defense. But the city fought a legal challenge to its handgun ban only to lose, predictably, in the Supreme Court.
Besides being a legal and policy setback, it was a loss for taxpayers, who had to pay not only the cost of defending the ordinance but the cost of challenging it. Chicago was obliged to pay $1.4 million to the National Rifle Association, which won the lawsuit.
Did this expensive indignity persuade Mayor Richard M. Daley to abandon the fight? Ha. He pushed through a new ordinance intended to demonize and discourage gun ownership as much as he could get away with which, as became apparent, was not very much.
The measure required gun owners to get at least five hours of training, including one hour at a shooting range. In a novel twist, though, it outlawed "shooting galleries, firearm ranges or any other place where firearms are discharged." The city claimed proper training is vital while hindering residents from getting it.
This section prompted another lawsuit, which argued that the right to own a gun for protection was of limited value if owners had no chance to achieve and maintain proficiency in using one and that they shouldn't have to leave the city to comply with the city's very own rules. A federal appeals court agreed.
Judge Ilana Rovner said, "The ordinance admittedly was designed to make gun ownership as difficult as possible." But she noted pointedly that the Supreme Court has upheld "the Second Amendment right to possess a gun in the home for self-defense and the City must come to terms with that reality."
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Chicago fights gun rights, and loses
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Southern Exposure: As Gun Sales Surge, Northeast Manufacturers Fleeing For Dixie
Posted: at 7:42 am
Gun advocates, backed by the National Rifle Association and many Republicans, demand a strict adherence to the Second Amendment of the U.S. Constitution by allowing them free access to any weapon of their choice, while gun control proponents often motivated by recurring deadly massacres, fret that too many guns are already in circulation and limitations must be imposed on the availability of such deadly firearms.
Caught in the middle are gun manufacturers (mostly small companies that sell a legal product) and millions of gun owners (the overwhelming majority of whom do not commit violent crimes).The debate over guns indeed represents a facet of the so-called culture war that shows no sign of resolution.
Now, changes in the country's political environment have pushed some gun manufacturers to pack up and move, especially from the northeastern U.S.Over the past year, in the wake of stricter gun control legislation passed by state governments in New York and Connecticut (in response to the horrific mass murder of 26 people, including 20 children, at Sandy Hook Elementary School in Newtown, Conn., in December 2012), several firearms makers have either threatened to relocate to the South or have actually done so.
In October 2013, Townhall.com reported that American Tactical Imports, or ATI, a Rochester, N.Y.-based importer and distributor of domestic firearms became the third New York gun manufacturer to leave the state partially due to Democratic Governor Andrew Cuomos SAFE Act -- a piece of gun control legislation enacted in January in response to the Sandy Hook massacre.The SAFE legislation severely limits the sale of assault weapons and this year will track sales of ammunition across the state.In November, ATI packed up and moved 700 miles away to sunnier climes (and a more gun-friendly environment) in Summerville, S.C., just outside Charleston.
Guns.com reported that ATI will bring 117 jobs to South Carolina as well as a new $2.7 million investment in Dorchester County, S.C.Moving to the Palmetto State will also enable ATI to enjoy proximity to key shipping routes (i.e., the busy port of Charleston), facilitating product deliveries, particularly from Germany, from where ATI imports many of its products.
This move to South Carolina will help ensure a solid foundation for our company, said Tony DiChario, president of ATI. The people of South Carolina have welcomed ATI with open arms and we are excited about making our new corporate home there.
Of course, South Carolina also provides strong support for the Second Amendment and welcomes new businesses.
South Carolina is a destination for job-creating investments, gushed Republican Governor Nikki Haley while Bobby Hitt, secretary of South Carolina's commerce department, said: Our states business-friendly resources and excellent workforce further underscore what makes South Carolina just right for business,"according to Guns.com.
Tom King, president of the New York State Rifle and Pistol Association, the state affiliate of the NRA, told the Buffalo News that most of ATI's product line would be banned for sale in New York under terms of the SAFE Act.
ATI believes it is imperative that a firearms importer and manufacturer do business within a state that is friendly to the Second Amendment rights of the people, the company said in a statement.
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Southern Exposure: As Gun Sales Surge, Northeast Manufacturers Fleeing For Dixie
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Dawalt lectures Con LAW II GITLOW free Speech – Video
Posted: at 7:41 am
Dawalt lectures Con LAW II GITLOW free Speech
These are a series of lectures for various college courses on crime, corrections, laws and so forth. It is not legal advice.
By: Phillip Dawalt
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Dawalt lectures Con LAW II GITLOW free Speech - Video
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Ian Threatened With Arrest for Free Speech at New Courthouse – Video
Posted: at 7:41 am
Ian Threatened With Arrest for Free Speech at New Courthouse
I was nearly arrested today at the new superior court building while doing jury nullification outreach for the first time in 2014 and also the first time at ...
By: FreeKeene
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Ian Threatened With Arrest for Free Speech at New Courthouse - Video
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Student Free Speech Akin to Prison Speech in "I Heart Boobies" Case?: Atty. John Freund comments – Video
Posted: at 7:41 am
Student Free Speech Akin to Prison Speech in "I Heart Boobies" Case?: Atty. John Freund comments
The "I Heart Boobies" case has caught the attention of the nation and perhaps the attention of the U.S. Supreme Court. Atty. John Freund comments on whether ...
By: KingSpry21
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Student Free Speech Akin to Prison Speech in "I Heart Boobies" Case?: Atty. John Freund comments - Video
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Free speech or scrub from Internet? Texas court weighs right to preserve defamatory posts
Posted: at 7:41 am
AUSTIN, Texas They say nothing on the Internet ever really goes away, but the Texas Supreme Court is considering whether defamatory postings might be worth the effort to try.
Justices on the state's highest civil court on Thursday weighed broader questions about cyberbullying, hate speech and the First Amendment while hearing a case with far lower stakes. At issue is whether a company can be forced to remove from its website damaging personal comments about a fired Austin businessman.
Lower courts already have ruled that Robert Kinney's former company, Los Angeles-based BCG Attorney Search, can't be forced to remove the comments, even if a judge or jury eventually finds it defamed Kinney on the company's website by accusing him of running a kickback scheme. That's because defamatory speech still has protections under the law.
But Kinney's attorneys told the nine-member court that it's time for Texas law to catch up with technology.
"It was a little harder to defame someone before the Internet. Now, on my cellphone, I can walk out of here and in five minutes I can say something defamatory about somebody and hit a button, and it's there worldwide," said Martin Siegel, Kinney's attorney. "And it's potentially there for perpetuity."
Anthony Ricciardelli, an attorney for BCG, said forcing the comments to be removed would "set a dangerous precedent that will have a chilling effect on speech and may lead to a slippery slope."
The court isn't expected to make a ruling for several months.
Justices asked both sides to consider more divisive cases involving cyberbullying or hate speech whether a court should be able to issue orders to stop online antagonists from harassing others, for instance, even if no defamation was present.
Siegel said it's time for Texas to join a "modern rule" of decisions in five other states where injunctions against defamatory speech have been granted. The Kentucky Supreme Court in 2010 ruled in a case that the future speech of a party could be restrained so long its original comments were ruled defamatory.
Michael Fertik, the CEO and founder of reputation.com, said the broader problem of defamation in the digital age needs to be addressed. He said people need to be "giving a fighting chance" and pointed to how publishers can be forced to remove defamatory material from books before additional printings.
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Free speech or scrub from Internet? Texas court weighs right to preserve defamatory posts
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Court Orders Yelp To Identify Anonymous Reviewers
Posted: at 7:41 am
The Court of Appeals of Virginia ruled on Tuesday that Yelp has to reveal the names of reviewers who left anonymous, negative reviews of a business. Some are calling the ruling a blow to free speech. The business in question maintains that the names are critical in pursuing a defamation case against the reviewers over what it claims were false reviews from non-customers.
The business were talking about is Hadeed Carpet Cleaning in Alexandria, Virginia. It alleges that reviewers are in violation of Yelps terms of service by not being real customers.
The Circuit Court for the City of Alexandria held Yelp in contempt for not complying with a subpoena, but Yelp argued that this was a violation of the First Amendment. Some would agree considering that the business has apparently been unable to prove that it had legally and factually sufficient claims against each defendant.
Either way, the Appeals court was apparently convinced enough by Hadeeds argument.
It explains, As of October 19, 2012, Yelps website displayed seventy-five reviews about Hadeed and eight reviews about a related company, Hadeed Oriental Rug Cleaning. These reviews were posted by various Yelp users, and a number of the reviews were critical of Hadeed. Hadeed filed suit against the authors of seven specific critical reviews. In these reviews, the authors implicitly or explicitly held themselves out to be Hadeed customers. In its complaint, Hadeed alleged that it tried to match the negative reviews with its customer database but could find no record that the negative reviewers were actually Hadeed customers. Consequently, Hadeed alleged that the negative reviewers were not actual customers; instead, the Doe defendants falsely represented themselves to be customers of Hadeed. Hadeeds complaint further alleged that the negative comments were defamatory because they falsely stated that Hadeed had provided shoddy service to each reviewer.
You can find the full legal document here.
Yelp (incorporated in Delaware) also argued that the trial court erred by asserting subpoena jurisdiction over Yelp, which is a non-party, foreign corporation. The court found that the service of the subpoena on Yelps registered agent in Virginia provided jurisdiction.
The Washington Times shares a statement from a Yelp spokesperson:
We are disappointed that the Virginia Court of Appeals has issued a ruling that fails to adequately protect free speech rights on the internet, and which allows businesses to seek personal details about website users without any evidence of wrongdoing in efforts to silence online critics, Yelp spokesman Vince Sollitto said in a statement. Other states require that plaintiffs lay out actual facts before such information is allowed to be obtained, and have adopted strong protections in order to prevent online speech from being stifled by those upset with what has been said. We continue to urge Virginia to do the same.
In September, New York Attorney General Eric T. Schneiderman announced that nineteen companies agreed to stop writing fake Yelp reviews and pay over $350,000 in fines.Yelp said at the time that it would like to work with law enforcement officials in other states to crack down on the practice.
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Court Orders Yelp To Identify Anonymous Reviewers
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