Daily Archives: June 7, 2017

Leaked NSA doc highlights deep flaws in US election system – Gainesville Sun

Posted: June 7, 2017 at 4:57 pm

Experts say the U.S. election system remains profoundly vulnerable to trickery or sabotage.

HOUSTON A leaked intelligence document outlining alleged attempts by Russian military intelligence to hack into U.S. election systems is the latest evidence suggesting a broad and sophisticated foreign attack on the integrity of the nation's elections.

And it underscores the contention of security experts and computer scientists that the highly decentralized, often ramshackle U.S. election system remains profoundly vulnerable to trickery or sabotage .

The document, purportedly produced by the U.S. National Security Agency, does not indicate whether actual vote-tampering occurred. But it adds significant new detail to previous U.S. intelligence assessments that alleged Russia-backed hackers had compromised elements of America's electoral machinery. It also suggests that attackers may also have been laying groundwork for future subversive activity.

The operation described in the document could have given attackers "a foothold into the IT systems of elections offices around the country that they could use to infect machines and launch a vote-stealing attack," said J. Alex Halderman, a University of Michigan computer scientist. "We don't have evidence that that happened," he said, "but that's a very real possibility."

Computer scientists have proven in the lab that once sophisticated attackers are inside an election network, they could manipulate pre-election programming of its systems and alter results without leaving a trace.

Sen. Mark Warner of Virginia, the ranking Democrat on the Senate intelligence committee, said Tuesday that hacking into state voting systems ahead of the Nov. 8 vote was more widespread than has been disclosed.

Attempts by Russia to "break into a number of our state voting processes" was "broad-based," he said, without offering details. In Moscow, a Kremlin spokesman categorically denied Tuesday that Moscow had tried to hack the U.S. elections.

Warner did not directly address the classified intelligence report published Monday by The Intercept, an online news outlet. The Associated Press has not independently verified the authenticity of the report, although its apparent leaker, an NSA contract worker, was arrested last weekend in Georgia.

The NSA document says Russian military intelligence first targeted employees of a Florida voting systems supplier in August. Apparently exploiting technical data obtained in that operation, the cyber spies later sent phishing emails to more than 100 local U.S. election officials just days ahead of the Nov. 8 vote, intent on stealing their login credentials and breaking into the their systems, the document says.

The emails packed malware into Microsoft Word documents and were forged to give the appearance of being sent by the system vendor, VR Systems of Tallahassee, Florida.

The Department of Homeland Security knew in September that hackers believed to be Russian agents had targeted the voter registration systems of more than 20 states. To date, no evidence of tampering with vote tallies or registration rolls has emerged.

The U.S. elections system is a patchwork of more than 3,000 jurisdictions overseen by the states with almost no federal oversight or standards. The attack sketched out in the NSA document appears designed specifically to cope with that sprawl.

The NSA document did not name any of the states where local officials were targeted by the emails masquerading as being from VR Systems.

But in September, the FBI held a conference call with all 67 county elections supervisors in the battleground state of Florida to inform them of infiltration of VR Systems without naming the company. Ion Sancho, who retired as Leon County supervisor in December, said he later learned from industry contacts that it was VR Systems.

VR Systems officials did not respond directly to questions emailed by the AP. In a statement, the company said it only knows of a "handful" of customers who received the fraudulent email, adding that it had "no indication" that anyone had clicked on the malware. The NSA document says at least one account was likely compromised.

The company makes software for on-site voter registration at polling stations and backend systems for voting management, according to its website, which says it has customers in California, Florida, Illinois, Indiana, New York, North Carolina, Virginia, and West Virginia.

VR Systems' electronic poll books electronic systems used to verify registered voters at polling places experienced problems on Nov. 8 in Durham County, North Carolina. The issue forced officials to abandon the system, issue paper ballots and extend voting hours.

North Carolina's state elections director said Tuesday that officials would investigate to see if officials in Durham County were targeted and possibly compromised.

Iowa University's Douglas Jones is among computer scientists who say voter registration systems are particularly vulnerable to tampering, in part because they are on the internet.

Someone trying to cause chaos and discredit an election could delete names from registration rolls prior to voting or request absentee ballots en masse. In the latter case, a voter showing up at the polls on Election Day would be recorded as having already cast their ballot. That could force voters to file provisional ballots, and provoke long lines.

There is no evidence any of that happened last Election Day.

___

Satter reported from Paris. Associated Press writers Deb Riechmann in Washington, D.C., and Emery D'Alesio in Raleigh, N.C., contributed to this report.

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Accused NSA leaker cursed out Trump in social media posts | New … – New York Post

Posted: at 4:57 pm

When shes not leaking government secrets shes crushing it at the gym and cursing out the Leader of the Free World.

Reality Leigh Winner, the 25-year-old contractor accused of leaking classified NSA documents, is a die-hard CrossFit competitor who once called President Trump a piece of st, according to reports Tuesday.

Winner who allegedly leaked a classified intelligence report containing Top Secret Level defense info worked out five times a week at a gym in Georgia, according to TMZ.

The Texas-born Air Force vet, who faces up to 10 years in prison, also competed in the 2016 CrossFit Games Southeast regionals and could deadlift heavy weights, the gossip site reported.

She often pumped iron at Epic Ultimate Results in Augusta, GA, where owner Glen Whelan said shes welcome back for now.

Until proven guilty, shes not a leper, he said.

Outside of the gym, Winner often posted passionate left-leaning rants on social media, according to Fox News.

In one Facebook tirade, she slammed Trump over Dakota Pipeline access.

There have been protests for months, at both the drilling site and outside the White House. Im losing my mind. If you voted for this piece of st, explain this, she blasted in February.

Hes lying. Hes blatantly lying and the second largest supply of freshwater in the country is now at risk. #NoDAPL #NeverMyPresident #Resist, she added.

Under the Twitter handle Sara Winners, she followed NSA leaker Edward Snowden, Wikileaks and the hacking group Anonymous.

Winner called Trump an orange fascist in response to a Trump tweet about allowing refugees into the U.S.

She also slammed the president for his immigration policies, tweeting, Have you ever met an Iranian?

She added, Why burn a flag? Donald Trump thinks crosses burn much better.

And on election night , when it became clear Trump would win, she tweeted, Well. People suck.

Raised in Kingsville, Texas, Winner served as an airman first class with the 94th Intelligence Squadron at Fort Meade, Maryland, according to the veteran news site Task & Purpose.

She served in the Air Force as a linguist from 2013 to 2016 and speaks Pashto, Farsi and Dari, according to her mother, Billie Winner-Davis.

Outside of work she works as a yoga instructor. Shes just a normal person, her lawyer, Titus Nichols, told CNN.

Winner was a federal contractor with top secret security clearance. She had been assigned to a US government agency facility in Georgia since February.

She is now being held at a facility in Lincolnton, Georgia, Nichols said.

It was unclear if Reality Winner is her birth name. Her surname apparently comes from her mother, Billie Winner-Davis.

Winner-Davis described her daughter as an athlete who loves animals and has a sister, Brittany, who is studying for a PhD in Pharmacology and Toxicology, according to the UK Guardian.

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Fifty Years Later, NSA Keeps Details of Israel’s USS Liberty Attack … – The Intercept

Posted: at 4:57 pm

On June 8, 1967, an Israeli torpedo tore through the side of the unarmed American naval vessel USS Liberty, approximately a dozen miles off the Sinai coast. The ship, whose crew was under command of the National Security Agency, was intercepting communications at the height of the Six-Day War when it came under direct Israeli aerial and naval assault.

Reverberations from the torpedo blast sent crewman Ernie Gallo flying across the radio research room where he was stationed. Gallo, a communications technician aboard the Liberty, found himself and his fellow shipmates in the midst of an attack that would leave 34 Americans dead and 171 wounded.

This weekmarks the 50th anniversary of the assault on the USS Liberty, and though it was among the worst attacks in history against a noncombatant U.S. naval vessel, the tragedy remains shrouded in secrecy. The question of if and when Israeli forces became aware they were killing Americans has proved a point of particular contention in the on-again, off-again public debate that has simmered over the last half a century. The Navy Court of Inquirys investigation proceedings following the incident were held in closed sessions, and the survivors who had been on board received gag orders forbidding them to ever talk about what they endured that day.

Now, half a century later, The Intercept is publishing two classified documents provided in the cache of files leaked by NSA whistleblower Edward Snowden related to the attack and its aftermath. They reveal previously unknown involvement by Government Communications Headquarters, the U.K. signals intelligence agency; internal NSA communications that seem to bolster a signals intelligence analysts account of the incident, which framed it as an accident; as well as a Hebrew transliteration system unique to the NSA that was in use at least as recently as 2006.

The first document, a formerly unreleased NSA classification guide, details which elements of the incident the agency still regarded as secret as of 2006. The second lists a series of unauthorized signals intelligence disclosures that have had a detrimental effect on our ability to produce intelligence against terrorist targets and other targets of national concern. Remarkably, information relevant to the attack on the Liberty falls within this highly secret category.

Though neither document reveals conclusive information about the causes of the assault, both highlight that at the time of their publication approximately four decades after the incident the NSA was determined to keep even seemingly minor details about the attack classified. The agency declined to comment for this article.

The classification guide, dated November 8, 2006, indicates previously unknown GCHQ involvement in the ships intelligence gathering. The specifics of this involvement remain classified, and it is therefore unclear if involvement was of a material nature on board the ship or through other means. GCHQ declined to comment.

The guide also reveals NSAs own classified Hebrew transliteration system, the existence of which underlines that the agency has historically counted Israel as an intelligence target even as the nation acted as a key partner in signals collection. This inherent tension in the U.S.-Israeli relationship was also manifest on the Liberty, where the Hebrew translators brought aboard the ship were referred to as special Arabic linguists, according to journalist James Bamford, in order to conceal their surveillance of Israeli communications.

Israeli planes and torpedo boats attacked this U.S. Navy research ship, the USS Liberty, in the Mediterranean Sea near the Sinai Peninsula on June 8, 1967.

Photo: Bettmann Archive/Getty Images

The Six-Day War between Israel and its neighbors Jordan, Syria, and Egypt was a conflict that the United States chose to stay out of, despite Israels entreaties for military support. Egypt and Syria were Soviet allies at odds with American-aligned Israel. The local conflict could easily have turned into a direct conflict between the superpowers, which neither the United States nor the USSR wanted. The countries directly involved were left to fend for themselves in what proved to be an overwhelming military and territorial victory for Israel one that doubled the fledgling countrys size in less than a week.

Though the United States refused to intervene on behalf of its ally, it was nevertheless eavesdropping on Israeli military communications during war. There, according to Bamford, lies the rub: Over the course of Israels remarkable territorial acquisition and military victory, it allegedly committed a war crime by slaughteringEgyptian prisoners of war in the city of El Arish in the northern Sinai. Bamford argued in his 2001 book, Body of Secrets, that the USS Libertys proximity to the Sinai, and its ability to intercept Israels motives and activities during the Six-Day War, mighthave prompted Israels attack on the vessel. Other national security experts, including Steve Aftergood of the Federation of American Scientists, disputed Bamfords analysis, however. According to Aftergood, who directs the FAS Project on Government Secrecy, the killing of Egyptian POWs never happened. [There] appears to be no verifiable evidence that such a massacre ever took place, and Bamfords description of events at El Arish doesnt hold up, Aftergood wrote in 2001 following the publication of Body of Secrets.

Ultimately, both the United States and Israels investigations deemed the attack on the Liberty an accident that resulted when Israel mistook the American spy ship for an Egyptian freighter. Bamford considers that conclusion a cover-up, however, citing the gag order issued to survivors, as well as the fact that NSAs deputy director at the time, Louis Tordella, referred to the Israeli Defense Forces preliminary inquiry into the attack a nice whitewash. Still, other sources assert that any notion of cover-up is mere paranoia. According to a spokesperson at the Israeli Ministry of Foreign affairs, the Liberty assault was a tragic accident that was settled between the parties involved years ago, and that, as is the case with many of these matters, there are always enough conspiracy theories to go around, but they never hold water.

The USS Libertys legacy indeed fed conspiracy theories, and Bamford is not alone in asserting a cover-up. The Liberty Veterans Association, an organization comprised of survivors of the 1967 attack, has called for a robust and transparent investigation into the incident for decades, to no avail.

In a statement to The Intercept, Ernie Gallo, who currently serves as the president of the Liberty Veterans Association, said, We now know that the Navy Court of Inquiry was merely for show, as the officers were told to come to the conclusion the Liberty did [its] job and the attack was accidental. Bamford also references the magnitude and length of the attack as proof of its deliberateness: The ship was hit repeatedly, first by planes dropping thousand-pound bombs and napalm, and then by torpedo boats. Israeli forces also jammed the Libertys antennas and communication channels, took out the four .50-caliber machine guns on board, and reportedly shot at life rafts and crew members as they attempted to evacuate the vessel. It was an attack in broad daylight, said Bamford. They were flying a large U.S. flag. [The ship] said USS Liberty on the back. I mean, what do you need?

The incident and its aftermath took a significant psychological toll on survivors, many of whom were reported to suffer from PTSD.One survivor and member of the Liberty Veterans Association, James Ennes, was shot in the femur during the attack, and was then instructed never to discuss it. Ernie Gallo had a fellow crewmate die in his arms. It was decades before survivors began sharing their experiences, and they were sometimes criticized for being anti-Semitic or slanderous of Israel for doing so.

Not all veterans involved believe in a cover-up, however. Former Navy Chief Petty Officer Marvin Nowicki, the chief Hebrew-language analyst aboard a U.S. Navy EC-121 spy plane that was intercepting Israeli aircraft communications as they were assaulting the Liberty, believed the attack was an accident. He stated in a letter to the Wall Street Journal in 2001 that though he heard and recorded Israeli pilots and captains references to the U.S. flag flying on the deck of the Liberty, these remarks were made only after the attack was underway, and not before. It was when aircraft and motor torpedo boat operators moved closer to the Liberty, recalled Nowicki, that they were able to recognize and therefore reference the American flag.

Unbeknownst to Nowicki at the time, his letter to the editor sparked concerns at NSA that he had revealed classified information on the Liberty. The second Snowden document, dated 2002, referenced several disclosures in his letter surrounding National Security Agency sources and methods or NSAs ability to successfully exploit a foreign target. Though the document does not specify which details in Nowickis article constituted such disclosures, it does reference materials related to the investigation. Nowicki, in a statement that would stir apparent concern at both the NSA and the Naval Criminal Investigative Service, called the accident a gross error. How can I prove it? he wrote. I cant unless the transcripts/tapes are found and released to the public. I last saw them in a desk drawer at NSA in the late 1970s before I left the service. After several unsuccessful attempts to reach Nowicki byphone andemail, he ultimately responded to a mailed request for comment. He returned The Intercepts original posted letter, on which he had hastily scrawled: I cannot comply w[ith] your request. The last time I spoke publicly, I was visited by NCIS agents. (NCIS stated that it had no records related to Nowickis claim.)

Even 50 years after the attack, and in a radically different geopolitical climate than that of the Six-Day War, extremely limited information is available about the assault and its subsequent investigations. Inquiries by the media and by the survivors have yielded profoundly limited results, despite considerable attempts; ABCs Nightline interviewed survivors decades after the attack, the results of which never aired. And while James Bamford presumes this is because interested parties didnt want unsavory information about Israel broadcast on mainstream American television, Nightlines then-host Ted Koppel said otherwise: At the risk of contributing to the veneer of cover-up that surrounds any discussion of the USS Liberty story, my only recollection is that we did nothing because we found nothing new or substantive. Neither, it seems, has anyone else.

Top photo: A victim of the Israeli assaulton the American communications ship USS Liberty is carried from a helicopter aboard the aircraft carrier USS America somewhere in the Eastern Mediterranean on June 9, 1967.

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NSA leaker reveals more Russian hacking: #tellusatoday – USA TODAY

Posted: at 4:57 pm

USA TODAY Published 3:09 p.m. ET June 6, 2017 | Updated 3:20 p.m. ET June 6, 2017

Alleged National Security Agency leaker Reality Leigh Winner.(Photo: AFP/Getty Images)

A federal contractor was arrested in Georgia Monday in connection with a classified National Security Agency report on Russian election interference published by the online publication The Intercept. Comments are edited for clarity and grammar:

The Russia-Trump scandal just keeps expanding. Its just a matter of time until we find out if there was collusion between Russia and the Trump campaign, or more likely an unwitting accomplice from his inner circle who was outsmarted by the Kremlin experts.

Keep in mind that there is way more to the story that cannot be released until the investigation is completed.

Tracy Woods

I think this is evidence ofRussian hacking. Trump supporters cant deny it anymore. This woman was wrong in revealing classified information, but it does support what all intelligence communities were already saying.

Jeff Hartung

There could be 20 sources, each with individual videos with perfect audio of President Trump accepting an open briefcase of cash from Russian President Vladimir Putin himself, and it wouldnt matter anyway. Trump supporters wouldnt care. Nice job, America.

Rance Mohammitz

Dont you just love the liberals who are still in meltdown mode after all of these months? What are they going to do after they strike out on Thursday during James Comeys testimony? It will be yet another disappointment, just like: Nov. 8, the recount that Green Party candidate Jill Stein requested, the attempt to sway Electoral College voters, etc. Liberals are running out of ideas.

This is no smoking gun.

Doug Steltenpohl

Not releasing that Russia tried to hack into our presidential election should be the crime, not the other way around! How backwards and Soviet-like have we become?

This not only undermines our faith in government, it also undermines our elections by not telling us about it.Thats the crime!

Edward J. Hale

Our followers shared their thoughts on the federal contractor who was arrested after a classified report from the National Security Agency on the Russian election hacking was published online. Tweets are edited for clarity and grammar:

Couldnt this woman be considered a whistle-blower?

@uhlmary1

This doesnt change the Trump-Russia investigation.

@GDT0429

Im sure President Trump would have preferred to bury this information deep. She sounds like a hero.

@nedrow_aj

So whats the maximum sentence if shes found guilty? I hope she gets the book thrown at her.

@lemonbar4948

If she hadnt leaked this information, it would likely have been covered up by the government. I wouldnt be surprised if the whole thing isnt deeper.

@RomeoandTHOT

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Use Second Amendment rights and arm yourself – Walla Walla Union-Bulletin

Posted: at 4:56 pm

After her car broke down out of Lewiston, Idaho, a young woman accepted a ride from a man who was driving a marked company van. Later, a fisherman snagged one of her body parts out of the Snake River. She didnt have a concealed pistol permit.

An older lady, again in Lewiston, was brutally murdered, by a sex offender, while taking an evening walk in the park. She didnt have a concealed pistol permit.

While living in the Spokane region, I read about a woman who was stabbed to death while walking on one of the paved trails in the city. She didnt have a concealed pistol permit.

Another woman was kidnapped by two men and thrown, purse and all, into a cars trunk. While in the trunk, the woman retrieved her Smith & Wesson Snub Nose .38 revolver from her purse. When the trunk was opened, the woman shot both of her assailants. She had a concealed pistol permit.

Our graveyards are full of people who died needlessly because they had no way to defend themselves. The latest incident occurred in Portland where two citizens, trying to prevent a hate crime, were stabbed to death by a violent ex-convict who had repeatedly been released from prison after committing serious crimes.

Its ironic that our soft-on-crime liberals/progressives continually release vicious criminals to prey on us, and then suggest that the solution for crime is to take legally owned firearms away from the law-abiding. Thats typical liberal lunacy.

Now that the Republican Party, the party of liberty, is back in control well have at least a four-year respite from the Democratic Partys war on our rights to keep and bear arms. I note, too, that the subversive anti-gun lobby and its network of useful idiots, from Walla Walla to New York, have been deafeningly silent since the election.

Again, we were given the Second Amendment so that we could defend ourselves and our nation.

Now that were finally free, lets take advantage of our Second Amendment rights, which includes the right for law-abiding people to carry concealed arms for self-defense against the monsters.

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Is Trump Violating the First Amendment by Blocking People on Twitter? – Vanity Fair

Posted: at 4:56 pm

By Win McNamee/Getty.

Even Donald Trump, who plans to stop tweeting approximately never and may even live-tweet during former F.B.I. director James Comeys testimony on Thursday like its an episode of The Bachelor, doesnt want everyone following him on Twitter. Like any half-sane person on the social-media platform, he has blocked a number of people from seeing or responding to his tweets. Unlike the rest of us, however, Trump is also president of the United States, and, as White House press secretary Sean Spicer said on Tuesday, Trump tweets should be considered official statements by the president. Which means that Trump may be violating the First Amendment rights of the people he has blocked.

Thats the argument being made by lawyers for two Twitter users who were blocked by the president, closing off access to what they say he is using as an official, public platform. This Twitter account operates as a designated public forum for First Amendment purposes, and accordingly the viewpoint-based blocking of our clients is unconstitutional, nonprofit organization Knight First Amendment Institute said in a letter to Trump on Tuesday. We ask that you unblock them and any others who have been blocked for similar reasons. Some legal experts are more dubious. Ken White, a First Amendment expert and former assistant U.S. attorney, says he finds the case ridiculous. Theres also an argument to be made that Trump is merely behaving within the terms of service of Twitter, a privately held company.

Whatever the merits of the case, it is undeniable that Twitter has become a central feature of the Trump presidency, and one of its greatest vulnerabilities. White House aides and allies have implored Trump to stop tweeting, to vet his posts with a lawyer first, or to at least limit what has become a deeply self-destructive habit. The tweeting makes everybody crazy, Trumps close friend Tom Barrack, the chairman of Colony Northstar, said at a Bloomberg conference this week. Theres just no gain in doing it.

In the past few days alone, he has attacked the London mayor, Sadiq Khan, after a terrorist attack that left seven dead, and appeared to undermine his own legal teams efforts to defend his immigration executive order before the Supreme Court, using a tweet to call it a TRAVEL BAN and drawing a remarkable rebuke from Kellyanne Conways husband, George, who noted on Twitter that the presidents online posts may have sabotaged his own case. Voters want Trump to stop tweeting, too: a new Politico poll says that 69 percent of voters say the president uses Twitter too much. Fifty-nine percent say his Twitter habit is a bad thing, and even 53 percent of G.O.P. voters say he should cut down on his use of the platform.

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Mayor Ted Wheeler Changed His Mind About the First Amendment, More Than Once – Willamette Week

Posted: at 4:56 pm

Portland Mayor Ted Wheeler took several positions on the First Amendment during the past two weeks.

On May 29, Wheeler asked the federal government to block a downtown Portland rally organized by right-wing protesters, saying visiting extremists had no legal right to hate speech. That request was denied by the feds, decried by civil liberties watchdogs, and sneered at by "alt-right" leaders.

Worse, he was wrong: The protections of the U.S. Constitution are designed to forbid the government, including Portland mayors, from deciding what citizens can and cannot say, even when it is deeply offensive.

By this week, Wheeler's office reversed itself again, saying the mayor had misspoken.

Wednesday, May 24 In a WW story on the street brawls that had already occurred between alt-right and antifascist groups, Wheeler's spokesman Michael Cox said: "Portland is going to continue with our strategy: honoring First Amendment rights while not tolerating acts of violence, vandalism or blocking transit."

Monday, May 29 Three days after a double murder on a MAX train, Wheeler called for revoking federal permits for the alt-right rally:

"My main concern is that they are coming to peddle a message of hatred and of bigotry. And I am reminded constantly that they have a First Amendment right to speak, but my pushback on that is that hate speech is not protected."

Wednesday, May 31 Wheeler wrote an op-ed in USA Today, backing away from his interpretation of the Constitution from a day earlier:

"I am a firm supporter of the First Amendment. While this planned demonstration is constitutional, it is highly irresponsible."

Monday, June 5 Cox said Wheeler didn't really mean hate speech was unconstitutional:

"He was being a being a bit imprecise. He was really talking about words meant to incite violence."

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Twitter users blocked by Trump say he’s violating the First Amendment – New York’s PIX11 / WPIX-TV

Posted: at 4:56 pm

NEW YORK President Donald Trump may be the nations tweeter-in-chief, but some Twitter users say hes violating the First Amendment by blocking people from his feed after they posted scornful comments.

Lawyers for two Twitter users sent the White House a letter Tuesday demanding they be un-blocked from the Republican presidents @realDonaldTrump account.

The viewpoint-based blocking of our clients is unconstitutional, wrote attorneys at the Knight First Amendment Institute at Columbia University in New York.

The White House didnt immediately respond to a request for comment.

The tweeters one a liberal activist, the other a cyclist who says hes a registered Republican have posted and retweeted plenty of complaints and jokes about Trump.

They say they found themselves blocked after replying to a couple of his recent tweets.

The activist, Holly OReilly, posted a video of Pope Francis casting a sidelong look at Trump and suggested this was how the whole world sees you. The cyclist, Joe Papp, responded to the presidents weekly address by asking why he hadnt attended a rally by supporters and adding, with a hashtag, fakeleader.

Blocking people on Twitter means they cant easily see or reply to the blockers tweets.

Although Trump started @realDonaldTrump as a private citizen and Twitter isnt government-run, the Knight institute lawyers argue that hes made it a government-designated public forum by using it to discuss policies and engage with citizens. Indeed, White House press secretary Sean Spicer said Tuesday that Trumps tweets are considered official statements by the president.

The institutes executive director, Jameel Jaffer, compares Trumps Twitter account to a politician renting a privately-owned hall and inviting the public to a meeting.

The crucial question is whether a government official has opened up some space, whether public or private, for expressive activity, and theres no question that Trump has done that here, Jaffer said. The consequence of that is that he cant exclude people based solely on his disagreement with them.

The users werent told why they were blocked. Their lawyers maintain that the connection between their criticisms and the cutoff was plain.

Still, theres scant law on free speech and social media blocking, legal scholars note.

This is an emerging issue, says Helen Norton, a University of Colorado Law School professor who specializes in First Amendment law.

Morgan Weiland, an affiliate scholar with Stanford Law Schools Center for Internet and Society, says the blocked tweeters complaint could air key questions if it ends up in court. Does the public forum concept apply in privately run social media? Does it matter if an account is a politicians personal account, not an official one?

San Francisco-based Twitter Inc. declined to comment. The tweeters arent raising complaints about the company.

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Vero Beach High School has a First Amendment problem – Pacific Legal Foundation (PLF) (press release) (blog)

Posted: at 4:55 pm

J.P. Krause (photo courtesy Charlie Vitunac)

Vero Beach High School, a public high school on the east coast of Florida, has a First Amendment problem.

The school failed to respectit.

And now a studentJ.P. Krause, a top student, rising senior, our client, and the young man who shouldserve as VBHS senior class president in the coming school yearunderstands better why the Constitution requires public institutions, like his school, to respect the constitutional rights of its students. Because here the school punished J.P. for a humorous campaign speech he made; it disqualified him from the election only after he won the election. Quite the unconstitutionaldaily double pulled off by the school administratorsthey not only unconstitutionally deemed the third place candidate the winner, but took away the voting privileges of its entire senior body class, who elected J.P. President.

The school says he humiliated the candidate who came in second by way of his 90-second impromptu campaign speech, a speech given in class with his A.P. U.S. History teachers permission. Thanks to a student who recorded the speech and shared it with J.P., we know that he did no such thing. You can see for yourself after the jump:

As you can see, the video reflects nothing more than good-natured, All-American campaigning for office. But the school says otherwise. It says its broadly written anti-harassment code of conduct allows it to disqualify J.P. from the race because of this speech.

The Constitution says differently. As we explained in our letter to the school administration on J.P.s behalf:

The First Amendment protects speech that might offend others. In Tinker v. Des Moines Independent School District, 393 U.S. 503, 512 (1969), the United States Supreme Court recognized neither students nor teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. The Court held that a school may not censor a students speech unless it caused a substantial disruption of, or a material interference with, school activities. J.P.s speech caused no substantial disruption of, or material interference with school activities or the rights of other students. His speech simply asked his fellow students for their support in the upcoming student election.

To be sure, if a student gives a speech that is lewd, vulgar, or profane, then the school can sanction him. See, e.g., Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986). But that is not remotely the case here.

J.P.s speech did no more than involve light-hearted humor by associating his opponent in satirical manner with current political and cultural events. His speech directly referenced national political campaign topics, such as Communism, raising taxes, and President Trumps stated intention to build a wall on our countrys southern border. Nobody could have taken his comments seriously; that is, no reasonable person believes his fellow candidate for the Presidency is a Communist, wants to raise the students taxes, or favors Sebastian River High School rather than her own high school. Yet VBHS Principal Shawn OKeefe claims in an email to J.P.s mother that J.P.s speech violated the harassment policy because he publicly humiliated his opponent. Accepting that preposterous claim for the sake of argument, the Supreme Court has held time and again, both within and outside of the school context, that the mere fact that someone might take offense at the content of speech is not sufficient justification for prohibiting it. See Tinker, 393 U.S. at 509. As subsequent federal cases have made clear, Tinker requires a specific and significant fear of disruption, not just some remote apprehension of disturbance. Here, we have no fear of disruption, let alone a specific or significant fear.

We further explained that the schools code of conduct policy regarding offensive speech violated the First Amendment, as well:

The Student Handbook broadly defines harassment as any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal or physical conduct directed against a student or school employee that: 1) Places a student or school employee in reasonable fear of harm to person or damage to property, 2) Has the effect of substantially interfering with a students education performance, opportunities, or benefits, 3) has the effect of substantially disrupting the orderly operation of a school. Handbook at 30-31.

*****

The policys broad ban on verbal conduct is unconstitutional, both on its face and as applied here. We know it is unconstitutional, because a U.S. Supreme Court justice has said the same about a similar school policy. In Saxe v. State Coll. Area Sch. Dist., 240 F.3d 200 (3d Cir. 2001), the U.S. Third Circuit Court of Appeals, in an opinion written by then Judge, now Justice Samuel Alito, struck down a school districts harassment policy as overbroad, holding that even speech that is defined as harassing may enjoy First Amendment protection.

In Saxe, Judge Alito wrote that the schools harassment policy improperly swept in those simple acts of teasing and name-calling that had previously been held to be protected by the First Amendment. The policys language in that case barred speech that has the purpose or effect of interfering with educational performance or creating a hostile environment. It ignored the constitutional requirement that a school must reasonably believe that speech will cause actual material disruption before prohibiting it. Judge Alito explained that even if the speech created a hostile environment that intrudes upon . . . the rights of other students, it is not enough that the speech is merely offensive to some listener, because there is no categorical harassment exception to the First Amendments Free Speech Clause.

The schools harrassment policylike the one at issue herehad no threshold requirement of pervasiveness or severity, and therefore it could cover any speech about someone the content of which could offend someone. This could bar core political and religious speech (like J.P.s political speech here). Provided such speech does not pose a realistic threat of substantial disruption, the Third Circuit held, it is within a students First Amendment rights. Likewise here, J.P.s speech has been targeted by the school districts harassment policy, a policy that is similarly overbroad and unconstitutional. J.P. did not create a substantial disruptionto the contrary, the video of the incident reflects that the speech allowed for 90 seconds of lighthearted fun, and clever political satire, in a high-level academic class.

Whats particularly striking about this misuse of a speech code is the fact that the student handbook promises to deliver a much more robust institution for its public school students. In the handbook, VBHS and the Indian River County School District claim that the school must prepar[e] all students to thrive in college, career, and community endeavors. In the 21st Century, we should expect to hear opinions we may not personally agree with and stand ready to engage those opinions in the marketplace of ideas. Vero Beach High School does its students no service to punish a student for innocent humor conducted as part of a school election, with an A.P. U.S. History teachers permission. To the contrary, the schools misuse of its Code of Conduct unjustly steals the election and brands his record with a harassment charge, unconstitutionally interferes with J.P.s educational opportunities, and jeopardizes his college admission possibilities.

The classroom has been recognized by the Supreme Court of the United States as the marketplace of ideas, and the High Court has emphasized the nations future depends on leaders trained through wide exposure to that robust exchange of ideas. High school students, particularly those campaigning in a school election for senior class president, cannot be punished for innocuous humor and political satire of the sort J.P. engaged in. The Constitution forbids it. PLF optimistically believes that VBHS administration and the local school board will think better of the decision to punish J.P. and reverse that decision.

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Vero Beach High School has a First Amendment problem - Pacific Legal Foundation (PLF) (press release) (blog)

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First Amendment Group Threatens Legal Action Against Trump for Blocking People on Twitter – The Intercept

Posted: at 4:55 pm

Columbia Law Schools Knight First Amendment Institute is asking President Donald Trump to unblock people on Twitter and threatening him with legal action if he doesnt comply.

Trump, like many other Twitter users, routinely blocks critics, trolls, and other neer-do-wells from following him on the social media platform. But, as president of the United States, Trump is not like any other Twitter users.

The Knight Institute decided to let Trump know in a letter written on behalf of individuals who have been blockedthat he could be running afoul of the Constitution.

We write on behalf of individuals who have been blocked from your most-followed Twitter account, @realDonaldTrump, because they disagreed with, criticized, or mocked you or your actions as president, the Knight Institute letterreads. This Twitter account operates as a designated public forum for First Amendment purposes, and accordingly the viewpoint-based blocking of our clients is unconstitutional. We ask that you unblock them and any others who have been blocked for similar reasons.

Several users are cited, including Holly OReilly, who goes by the Twitter handle @AynRandPaulRyan. She was blocked after the following Tweet:

The letter complains that the blocking violates the First Amendment because Trumps account constitutes a designated public forum, much like White House press briefings or a city council meeting.

Still, the letter wasnt all criticisms: The Knight Institute praised the president for his use of the social medium to communicate with the public.

Your vigorous use of Twitter to comment about matters mundane as well as momentous has afforded Americans valuable insight into your policies, actions, and beliefs, the letter said. It has also supplied the public with a means of engaging you directly.

The Knight Institute is just trying to make sureallAmerican Twitter users have the chance to share their thoughts with the president.

Top photo: President Donald Trump heads to the Oval Office after speaking in the Rose Garden of the White House on June 1, 2017.

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First Amendment Group Threatens Legal Action Against Trump for Blocking People on Twitter - The Intercept

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