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Daily Archives: November 23, 2019
Letter to the Editor: College Libertarians and College Republicans oppose BDS movement – The State Press
Posted: November 23, 2019 at 12:34 pm
Photo by Isabella Castillo | The State Press
"Dear State Press, you've got mail." Illustration published on Friday, March 3, 2017.
Earlier this month, The State Press published an opinion piece calling on ASU clubs to sign a resolution supporting the Boycott, Divest and Sanctions (BDS) movement. The resolution would also prohibit signees from collaborating with student organizations that express support for the state of Israel. In response to this, ASUs College Libertarians and College Republicans would like to publicly announce that we, as student organizations, will not be signing this resolution.
We recognize that this is part of a larger, more complex issue and that there are good-faith arguments on every side. We believe that each individual has a right to choose where they stand on this issue. But as two different political clubs on campus who believe in peace, liberty and freedom, we feel the need to explain the three primary reasons why we will not be signing this resolution nor supporting this movement.
Firstly, the calls for a boycott of Israeli products wholly misses the mark. If the goal of BDS is to send a message to the Israeli government, a boycott of goods made in Israel will directly hurt the citizens of Israel long before the government feels any real effects.
Additionally, the calls for sanctions against Israel continue this trend, considering the mountains of evidence that suggest sanctions are largely ineffective. Instead, the BDS movement seems to be more so aimed at delegitimizing the state of Israel rather than trying to influence change. We do not believe that refusing to acknowledge the very existence of either party will do anything to pacify the conflict at hand.
Secondly, BDS and their often aggressive tactics have the unintended consequence of discouraging any negotiations toward peace in the region. This is why the current president of the Palestinian Authority Mahmoud Abbas, a supporter of a two-state solution, said in 2013 that Palestinians do not support a boycott of Israel.
Finally, it is important to note that the Anti-Defamation League has said that many of the founding goals (and) strategies employed in BDS campaigns are anti-Semitic.
Both of our clubs strongly condemn anti-Semitism of all forms. There is no reason to support a cause that actively marginalizes ASUs rich Jewish community. This is not to mention the recent uptick in anti-Semitic activity on campus.
As such, our student organizations will not be signing onto any such resolution, and we will continue to work tirelessly to fend off anti-Semitism on all fronts. We urge other organizations and students of all sides of the aisle to join us in this effort to stamp out hate and promote civil dialogue.
Sincerely,
David Howman, President, ASU College Libertarians
Joseph Pitts, Vice President, ASU College Republicans
Editors note: The opinions presented in this letter to the editor are the authors and do not imply any endorsement from The State Press or its editors. This letter to the editor was submitted by David Howman, president of the ASU College Libertarians and Joseph Pitts, vice president of the ASU College Republicans.
Reach the authors at david.j.howman.44@gmail.com and jdpitts4@asu.edu.
Want to join the conversation? Send an email toopiniondesk.statepress@gmail.com. Keep letters under 500 words and be sure to include your university affiliation. Anonymity will not be granted.
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Bad actors? You have your parties confused, by Cole Mills – The Keene Sentinel
Posted: at 12:34 pm
Jeanne Dietschs Nov. 12 letter against people with libertarian views (Bad actors are why Im not libertarian) has me befuddled.
If I understand her position, being a libertarian means supporting slavery. She further goes on to state that without government, slavery would exist in the United States today. What the ...? Really?
State Sen. Dietsch confuses libertarians with the Democrats. Democratic Party founder Thomas Jefferson loved slaves as both a prolific owner and an early #MeToo participant.
She either has no knowledge of history or intentionally ignores it; the Democratic Southern states held on to slavery until 1865. The New England states and New Jersey were done with the practice by 1804 without big government intervention. After the Civil War, the Democrats continued another century of suppression through the creation of the Ku Klux Klan, enactment of Jim Crow laws, high bars, like literacy tests, to vote and segregation.
Today, the Democratic Party promotes inefficient big brother policies and programs that take away freedom, discourage self-sufficiency and make people reliant on the government for basic needs. Some have stated that such dependency is a modern, benevolent slavery.
In contrast, libertarians promote freedom, individualism, voluntary association, personal responsibility and autonomy. While libertarians have an understandable skepticism of authority and state power, most recognize that a limited government is necessary for things like roads, police and fire.
Recently, the local Democratic party had to change the name of its annual dinner several times to find party leaders who did not kill the natives or use their position to molest and harm women.
So, Ms. Dietsch, with all these bad actors why are you a Democrat?
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Cristo: The Libertarian Party and its non-aggression policy – Seguin Gazette-Enterprise
Posted: at 12:34 pm
A wise king never seeks out war, but he must always be ready for it. ~ Odin
These words of wisdom from the pages of Marvel Comics and the Marvel Cinematic Universe are truer than many choose to believe.
At the time Odin speaks them, Thor (Odins son), is brash and full of himself. Thor is strong, mighty, self-confident and ready to take over his fathers throne so he can force his will upon whomever he wishes.
Many of the people seeking political office these days view our military might the same way Thor saw his fathers. These individuals anticipate ascending to power so they may flex our military might to force our will upon whomever they/we wish.
This way of thinking has been the accepted norm throughout our history but it should not be this way.
In George Washingtons farewell address he wrote: Observe good faith and justice towards all Nations; cultivate peace and harmony with all. ~ George Washington
The Libertarian Party Non-Aggression Platform is reflected by both George Washingtons words and the words of Odin.
As a nation, it is imperative that we seek out a harmonious coexistence with all nations in the world.
We tend to prosper whenever there is a mutually pleasant demeanor between countries.
An environment where fair trade and commerce can be made in addition to safe travel.
This is how nations grow in culture, knowledge and ideas.
The internet has made obtaining information from far away quicker and easier, but actually venturing to a location gives a more hands-on and enriching experience that you can not get from reading off a screen.
Even with all the good and reliable information on the web, there is also lots of unreliable misinformation.
Firsthand knowledge is always the best and that is only attainable through peaceful travel.
Unfortunately, we will not always be able to live in peace with all countries in the world.
Not all leaders are capable of being reasoned with.
This is when Odins quote about war comes into play, ...we must always be ready for it.
A strong military is essential for our nations defense, but the key word is defense.
Whenever a leader sends our military abroad without provocation, we are now on the offense instead of defense.
Non-Aggression is what separates the Libertarian Party from the other two major political parties that have controlled our government for the past 100-plus years.
Under their leadership, we have sent troops abroad on offensive maneuvers under every president.
If not directly, we have had a hand in manipulating the outcome of other countries political landscapes through rebellions and insurrections funded and managed by our CIA.
All of these actions the past hundred years have resulted in the loss of hundreds of thousands of American lives and millions of foreign civilian lives across the globe.
It is time to change. It is time to relearn our history, hearken back to the words of George Washingtons farewell address and observe good faith and justice with all nations while cultivating peace with all.
And, like Odin said, always be prepared for those who do not subscribe to that mentality.
It was a joy that we celebrated Veterans Day this month.
Now, lets make it a point to diminish our need to celebrate Memorial Day in May. God Bless and cultivate peace and harmony with all.
Anthony was the Libertarian candidate for U.S. Congress in district 15 of Texas.
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Cristo: The Libertarian Party and its non-aggression policy - Seguin Gazette-Enterprise
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Former Pennsylvania congressional candidate charged with perjury over forged signatures – PhillyVoice.com
Posted: at 12:34 pm
A one-time candidate for Congress in Pennsylvania is charged with perjury and other offenses in connection to a grand jury investigation over allegedly forged signatures on candidate petitions in 2018's midterm elections.
Jake Towne, 40, of Easton was charged in district court Thursday with false signatures and statements in nomination petitions; perjury; tampering with records or identification; unsworn falsification to authorities; and tampering with public records or information, according to the Morning Call.
Towne was released on unsecured bail, according to the Morning Call.
Towne ran for U.S. Congress in Pennsylvania's then-15th District in 2010 as an Independent candidate and lost, garnering 7.5% of the district's 204,000 votes. More recently, he was elected auditor of Lower Nazareth Township in 2017, then resigned when he moved to Easton. In 2018, Towne ran for state representative in the 138th District as a Libertarian and lost.
The charges filed in court this week relate to petitions to add Libertarian candidates to the U.S. Congress race ballot in Pennsylvania's 7th District. Pennsylvania Attorney General Josh Shapiro's Office alleged this week that Towne signed petitions claiming to be the circulator, despite paying another person to gather the signatures.
Because of noticeable similarities in handwriting, agents from Shapiro's office interviewed people whose names and signatures appeared on the petition, and found 23 people who stated they hadn't signed the document, according to the Morning Call.
Amber Correll, 39, of Nazareth, the woman who Towne paid to circulate the petitions, is charged with 25 counts each of forgery, identity theft, false statements and tampering with records, along with one count of tampering with public information. Correll was also released on unsecured bail, according to the Morning Call.
Towne's attorney told the Morning Call that Towne was unaware some of the petition's signatures were forged, and did not mean to deceive anyone.
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Dozens of lawmakers call for government surveillance reforms | TheHill – The Hill
Posted: at 12:34 pm
Dozens ofprogressive and libertarian-leaning lawmakers on Wednesday threw their support behind significantly revising a set of government surveillance authoritiesthat are set to expire within months.
Leaders of the Congressional Progressive Caucus and conservative House Freedom Caucus signed onto a letter calling for "meaningful, bipartisan surveillance reform" just as Congress voted to extend those controversial provisions for another three months.
At the last minute, lawmakers tucked the 90-day surveillance authority extensioninto the temporary government funding measure, which passed theHouse 231-192 onTuesday. Thecontinuing resolution (CR), which allowed Congress to avoid an immediate government shutdown, gavekey committees three more months to debate what they want to do about the set of controversial surveillance authorities.
The House Judiciary Committee and House Intelligence Committee have jurisdiction over the USA Freedom Act, the bill that isset to expire, which allows the government to comb through phone records on millions of Americans and tracktargets during terrorism investigations.
Its unfortunate that we still have no agreement on critical privacy and civil liberties provisions that must be included in any final reauthorization of the USA Freedom Act," Rep. Pramila JayapalPramila JayapalTlaib introduces bill to repeal 'opportunity zones' Bicameral group of Democrats introduces bill to protect immigrant laborers Hillicon Valley: Google to limit political ad targeting | Senators scrutinize self-driving car safety | Trump to 'look at' Apple tariff exemption | Progressive lawmakers call for surveillance reforms | House panel advances telecom bills MORE (D-Wash.) said in a statement on Wednesday. "Ive been deeply engaged with my Judiciary and Intelligence colleagues to make significant changes to any reauthorization billwere making good progress and hope to complete our work before this 90-day extension period ends."
Jayapal said the short-term extension was necessary because without it, the Senate might have pushed a "full reauthorization through with no changes" ahead of the original Dec. 15 expiration date. Now, the provisions likely won't expire until March 15.
"Our goal now is to ensure the final reauthorization contains our critical limits and protections on surveillance and privacy," Jayapal said.
In the letter sent to the House Judiciary and Intelligence committees on Tuesday, a group of 49 lawmakers called for significant reforms. Theyasked for a total repeal of the call detail records program, whichallows the government toaccess phone records on millions of Americans every year during terrorism investigations, and strict restrictions on surveillance "that threatens First Amendment protected activities."
The lawmakers are asking to "prevent large-scale collection" of information on U.S. citizens and impose "strict limits" around how the government is allowed to use information obtained during criminal investigations.
"Disclosures over the past several years make clear that existing expansive surveillance powers pose an unacceptable threat to civil rights and civil liberties," the letter reads. "These laws contain numerous loopholes that can be exploited to improperly surveil people based on speech, race, religion, and other impermissible factors."
"Members should be given the opportunity to consider and vote on surveillance reform legislation as a standalone measure in the House, and not tucked into an expansive omnibus or budget bill," they wrote.
One of the expiring provisions, known as Section 215,is particularly contentious because it enables the phone records program, which was originally disclosed by whistleblower Edward Snowden. That program was pared down by the USA Freedom Act in 2015, and the National Security Agency (NSA) disclosed this year that it shuttered the effort entirely amid insurmountable technical difficulties.
Bipartisan lawmakers in both chambers have questioned whetherto extend the NSA's ability to reopen that program at any point, as the Trump administration has requested.
Under the CR,the provisions are set to expire on March 15 rather than next month.
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Opponents of Unfettered Capitalism Are Fighting a Phantom – National Review
Posted: at 12:34 pm
Senator Marco Rubio speaks at a Senate Judiciary Committee hearing, March 14, 2018.(Joshua Roberts/Reuters)We put plenty of restraints on economic activity. What we dont need is unfettered government.
Enemies of unfettered capitalism, unite!
For as long as I can remember, people on the left have complained about unfettered capitalism. Moderate liberals do it, and of course flat-out Marxists do it.
In his new book, A Bit of Everything: Power, People, Profits and Progressive Capitalism for an Age of Discontent, Nobel Prize-winning economist Joseph Stiglitz contends that the only way well be able to confront climate change is through a new social contract.
Capitalism will be part of the story, but it cant be the kind of capitalism that weve had for the last 40 years, Stiglitz writes. It cant be the kind of selfish, unfettered capitalism where firms just maximize shareholder value regardless of the social consequences.
Senator Bernie Sanders said earlier this year that we have to talk about democratic socialism as an alternative to unfettered capitalism.
History texts insist that the New Deal followed in the wake of the unfettered capitalism of the 1920s. The Progressive Era, were told, was in part a response to the unfettered capitalism of the late 19th century and the Gilded Age. In 1987, the Milwaukee Journal reported that Soviet leader Mikhail Gorbachev planned to visit Trump Tower, that glittering monument to unfettered capitalism. In 2016, The Nation, a journal that has been at war with unfettered capitalism for nearly a century, ran an essay explaining that America got President Donald Trump because of Americas brand of largely unfettered capitalism.
Recently, the concern with capitalisms unfetteredness has become bipartisan. Senators Josh Hawley and Marco Rubio have taken up the cause in a series of speeches and policy proposals. Conservative intellectuals such as Patrick Deneen and Yoram Hazony have taken dead aim at unrestrained capitalism. J. D. Vance, the author of Hillbilly Elegy, and Tucker Carlson of Fox News have suggested that economic policy is run by ... libertarians.
My response to this dismaying development is: What on earth are these people talking about?
If the Progressive Era was a response to unfettered capitalism, did it accomplish nothing? Teddy Roosevelt broke up the trusts, regulated the food supply, created the National Park System, and fettered the railroads. The Labor Department was established (by President Taft, a conservative) in 1913. The Federal Employees Compensation Act, enacted in 1916, provided benefits to workers injured on the job. The Longshore and Harbor Workers Compensation Act was passed in 1927. And then theres the New Deal, another famous attempt to slap fetters on the rough beast of capitalism. It created Social Security, formally banned child labor, and established the minimum wage, among countless other restraints on capitalism run amok.
I could go on and on. I mean, I havent even mentioned the Great Society.
A fetter is a chain, manacle, or restraint. If you think there are no restraints on the market or on economic activity, why on earth do we have the Department of Labor, HHS, HUD, FDA, EPA, OSHA, or IRS?
The United States has one of the most progressive tax systems in the world (i.e., the share of taxes paid by the rich versus everyone else). If you take into account all social-welfare spending, we spend more on entitlements than plenty of rich countries.
Now, if you think we dont spend, regulate, or tax enough, fine. Make your case. If you think we should spend and tax differently, Im right there with you. But the notion that the United States is a libertarian fantasyland is itself a fantasy. I mean, by the Hammer of Thor, every summer we get stories of kids being fined for running lemonade stands without a license.
My frustration stems from the fact that we fetter the market constantly. And whenever the fetters yield an undesirable result such as, say, the financial crisis of 2008 the blame always lands on eternally unfettered capitalism.
Just to be clear: Im not an advocate for unfettered capitalism. But I am sick and tired of hearing people advocate unfettered government to fight an enemy that doesnt exist. And Im particularly dyspeptic about the fact that conservatives are now buying into the same fantasy.
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Legal Provisions on Disabilities Discrimination in the Workplace – The Libertarian Republic
Posted: at 12:34 pm
The anti-discrimination legislation in the country offers protection for disabled people. Every employer is required to adhere to anti-discrimination laws during all stages, including recruitment, after hiring, and when terminating employment contracts.
The legal provisions protect disabled people against unfavorable treatment from employers due to their disability. A person must have a medical condition that is classified as a disability by the law. Also, they are protected against any form of harassment in the workplace.
Employers are required to make reasonable adjustments in the workplace to ensure that their premises and practices do not discriminate against employees with disabilities. The aim of the legal provision is to ensure fair access to the premises.
For example, employers can make adjustments such as wheelchair access, modifications to equipment, reallocating duties of the disabled people, and changing the working hours. Failure to provide reasonable accommodation for people with a form of disability is also considered as discrimination, more facts and cases about this you can read on Mosheslaw.com .
Forms of Disability Disabilities Discrimination in the Workplace
Discrimination in the workplace based on disability can be either direct or indirect. If a job applicant with a disability is not offered the same choices that others have is an example of direct disability discrimination.
An example of indirect disability is when an employer makes a flyer about a job advert, which is not easy to read. Potential candidates with a learning disability may have a hard time when accessing the information.
Americans with Disabilities Amendments Act
It defines a disabled person as one who has a mental or physical impairment that prevents them from undertaking one or more activities in their daily routine.
The legal provision affects private employers, local and state governments, employment agencies, and labor unions. It protects Americans with disabilities when it comes to job applications, recruitment, termination, training, remuneration, among other areas.
The Rehabilitation Act
It protects individuals with a disability in programs initiated by the federal government, programs funded by the Federal government, Federal employment, and employment practices among Federal contractors.
The standards of identifying incidences of disabilities discrimination in the workplace under this act are the same as those applied in the Americans with Disabilities Act. Other legal provisions that protect individuals with disabilities include the Fair Housing Act and the Disabilities Education Act.
The Fair Housing Act protects individuals against discrimination when it comes to the sale, rental, and financing of housing projects based on disability. On the other hand, the Disabilities Education Act aims to ensure that all disabled people have access to free public education.
Some states have different provisions for determining who is covered by disabilities discrimination in workplace laws. Therefore, you can consult an attorney to help you understand the laws that apply in your jurisdiction.
Disability and Job Interviews
The law prohibits employers from asking about whether a candidate has a form of disability or the severity of their disability during a job application. However, they can ask whether you can perform specific duties of the job you are interested in.
Employers are also allowed to ask job applicants do illustrate how they can perform specific tasks with or without being offered a reasonable accommodation. Pre-employment inquiries are also allowed if they are required by federal regulation. The inquiries aim to enable employers to provide special services.
Medical and Physical Exams during Job Applications
It is unlawful for an employer to ask applicants to take medical or physical exams before offering them a job. However, there are exemptions, which include if the exams are job-related and in line with the employers business.
Employers are not allowed to decline job applications due to the disabilities that may be revealed during medical and physical exams unless they are related to the job you are interested in. You have a right to get a job if you can perform the essential roles of a job with reasonable accommodation. Once you are hired, the law does not require you to take medical or physical exams unless they are needed to assess your ability to conduct the employers business. However, an employer can conduct voluntary medical exams. Employers are responsible for maintaining the confidentiality of the medical information obtained from the exams.
The medical records must be kept separate from the other files for employees. It is unlawful for employers to disclose that an employee needs or is receiving a reasonable accommodation due to disability. In some situations, disclosure of disability information is allowed. For example, an employer can disclose the information to supervisors to make informed decisions about accommodation, if first responders need the information for special evacuation procedures, if government workers need the information to determine if an employer has complied with relevant regulations, or for insurance purposes.
Filing Complaints and Legal Action for Disabilities Discrimination in the Workplace
If you think that you are a victim of discrimination based on disability, you should consider explaining your rights to your employer. The explanation may make them reconsider their decision. Use the internal procedures to file a formal complaint, as this gives the employer an opportunity to correct the issue. The management may take your complaint seriously and correct the problem. Another benefit of an internal complaint is that if the issue is solved, you will not need to take some legal action.
If the employer fails to solve the problem or you are unsatisfied, you can hire discrimination attorneys to help you get justice. A NY attorney will assess your problem and advise on the legal action to take. The law sets limits for filing charges. The law in most states requires individuals to file their charges within 300 days of a discriminatory action or decision by an employer. If you live in a state that does not have its own anti-discrimination legislation, then you have to file the charges within 180 days.
Once you have filed a charge, the Equal Employment Opportunity Commission will process it and ask your employer to make a response. The commission will then initiate an investigation into the problem. Discrimination attorneys will help you through the entire process.
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Fare Inspections and the Fourth Amendment – Montgomery County Sentinel
Posted: at 12:33 pm
Courts are frequently called upon to apply the Fourth Amendments prohibition against unreasonable searches and seizures to police procedures. Marylands Court of Special Appeals this week reviewed whether the use of fare inspections on a light rail train violated the Fourth Amendment in a case called Kenneth Carter v. State of Maryland.
The opinion indicates that Maryland Transit Authority police gathered on the platform of a Baltimore light rail station, for the purpose of doing a fare inspection to see if passengers had paid for their fare. There was no evidence of any signs posted in the stations that such fare sweeps may be done. Failure to pay the fare is a crime subject to a $50 fine. When the train pulled into the station, an officer entered each train and announced that each passenger had to show their ticket proving they had paid the fare.
Carter approached an officer and admitted he had no ticket, and was directed to another officer on the platform who obtained his identification. A record check showed a possible warrant outstanding for Carter, who then tried to flee and was tackled. During the melee the police found that Carter had a gun, and it turned out he was a convicted felon. At trial, defendants motion to suppress evidence because of an illegal detention was denied, and he was convicted of firearms offenses and resisting arrest.
The appellate Court noted that in determining whether an investigatory detention by police had occurred, it would look at such factors as the use or show of force or authority by the police so that a reasonable person would believe they were not free to leave or refuse to answer questions. Here, the appellate Court found that by announcing to all passengers that they could not leave the train until producing proof of fare payment, Carter had in fact been detained even before he admitted he had no ticket.
Since one of the officers at trial admitted that they used fare checks as a means of enforcing outstanding warrants, the appellate Court declared this police misconduct in violation of the Fourth Amendment. Therefore, the motion to suppress evidence should have been granted, and the convictions were reversed.
Thomas Patrick Ryan is a partner in the Rockville law firm of McCarthy Wilson, which specializes in civil litigation.
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Utah Court of Appeals upholds the controversial police practice of stop and frisk – KSTU FOX 13 Salt Lake City
Posted: at 12:32 pm
SALT LAKE CITY The Utah Court of Appeals has upheld the controversial police practice of stop and frisk.
In a ruling published Friday night, the Court acknowledged a close case, but ultimately sided with police in a challenge to the practice, which has largely come under scrutiny in other states for targeting minorities. This case involves a challenge by Bryant Robert Mitchell, a member of a white supremacist gang, who was searched in a traffic stop in Ogden last year.
Mitchell was in a vehicle that was stopped after police saw him stand up in the passenger seat of the car and yell at another person in a convenience store parking lot.
Officers later testified that Mitchell looked very upset and aggressive, and that he began to open the door of the Blazer before it had come to a stop. One of them testified that Mitchells screaming sounded indicative of an intent to get into a confrontation or a fight with the person that he was talking to,' Utah Court of Appeals Judge Ryan Harris wrote.
Police obtained consent to search the vehicle from the driver, and another passenger had a warrant, the ruling said.
Immediately after Mitchell exited the vehicle, one of the officers frisked him. During the pat-down, the officer discovered a switchblade-style knife in the pocket of Mitchells shorts. Because he was a convicted felon, Mitchell was not allowed to possess such a weapon, so the officers then arrested Mitchell for unlawfully possessing the knife. After arresting Mitchell, the officers conducted a more thorough search of his person and discovered a ball of a black tar like substance that was later confirmed to be heroin, Judge Harris wrote.
Mitchell was ultimately charged with drug and weapons possession, and the weapons charge was dropped in a plea deal. He challenged the search as a violation of his Fourth Amendment right against search and seizure.
In addition to the facts already described, one of the officers testified that, in his experience, gang members typically carry weapons, and that this knowledge was among the reasons he had decided to frisk Mitchell. For his part, Mitchell testified that his profane words to the man in the parking lot were not intended to be aggressive, and that he was just attempting to greet an old friend whom he had not seen in a while, the ruling said. (The ruling noted that police heard Mitchell shout come here you mother-er.)
In his appeal, Mitchell argues he gave no sign that he was going to be violent. The Court acknowledged the usual signs were not there. He was wearing very little clothing, didnt have places to conceal a weapon, nor did he make any movement that police could have perceived as a threat. Prosecutors countered that Mitchell was an admitted member of a violent gang, had acted aggressively toward someone else and appeared to be on the verge of a fight and that police were in the process of arresting someone else when the search took place.
The Court said each factor alone isnt enough, but took the situation in its entirety.
While we consider this a close case, we are ultimately persuaded by the States position that the officers had reasonable articulable suspicion to conduct aTerry frisk, Judge Harris wrote.
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Utah Court of Appeals upholds the controversial police practice of stop and frisk - KSTU FOX 13 Salt Lake City
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Lawmakers Abandon Bill Regulating Facial Recognition Software Over Concerns Of Inadequate Protection – KUER 90.1
Posted: at 12:32 pm
Draft legislation to regulate government use of facial recognition software was unveiled and subsequently abandoned Wednesday after some lawmakers worried it did not do enough to protect privacy.
The issue erupted in July when a report from Georgetown Universitys Center on Privacy and Technology revealed the Utah Department of Public Safety ran more than 1,000 searches through the state drivers license database at the request of federal law enforcement agencies. During many of the searches, images of criminal suspects were run through the database, which contains millions of photos of Utahns, in order to find a potential match.
DPS later admitted that it also runs every new drivers license photo including images of minors through the database in order to prevent fraud.
But none of that is an issue for Sen. Daniel Thatcher, R-West Valley City.
I want to make sure that someone is not getting a fake ID, Thatcher said. So I personally have no problem with my face being searched 2,000 times a day to ensure that were not supporting people in identity theft and identity fraud.
A draft bill he spearheaded would have required the Drivers License Division to disclose the searches on new license applications, but would not have limited those searches in any way.
But Thatcher was largely focused on regulating new technology he said is coming up quick and could be used in surveillance. His bill would have prohibited the use of facial recognition systems to conduct surveillance in public spaces without a warrant. A similar bill was recently introduced by U.S. Sens. Mike Lee, R-Utah, and Chris Coons, D-DE, at the federal level.
But Utah lawmakers on both sides of the aisle had lingering concerns about the regular searches in the drivers license database and whether they violate the Fourth Amendment, which protects against unreasonable searches and seizures.
Rep. Andrew Stoddard, D-Sandy, said running photos of criminal suspects through the database is akin to pulling over every driver when you got a tip that one car in this area has some illegal contraband in it, so you subject everyone to this search.
Thatcher disagreed, saying he believes the Fourth Amendment protects against physical interactions with law enforcement such as interrogations and blood draws, not using a government-issued ID in a database search.
When someone is pulled over, they are physically detained. Their right of movement has been restricted, he said. The idea that were stopping every single Utahn 2,000 times a day to me, that doesnt connect.
Rep. Brady Brammer, R-Highland, said most committee members were concerned with the use of the database to search for matches of criminal suspects.
Were basically taking a drivers license, which is not a criminal proceeding, not a criminal license, and youre allowing it to be used in searches for criminal issues, and thats a Fourth Amendment issue, he said.
Brammer suggested an amendment requiring a warrant in searches requested by law enforcement, an idea Thatcher shot down.
When it appeared the bill would not get enough support to pass, the committee adjourned without voting on it. Afterward, Thatcher said he is not interested in making any changes to the legislation and will abandon it, though he expects a different lawmaker will take up the issue in the 2020 legislative session.
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Lawmakers Abandon Bill Regulating Facial Recognition Software Over Concerns Of Inadequate Protection - KUER 90.1
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