Daily Archives: April 18, 2020

OP-ED | The Era of Small Government is Over – CT News Junkie

Posted: April 18, 2020 at 7:04 pm

Being stuck in a pandemic is bad, but whats much worse is being stuck in a pandemic in a country whose ruling party got their ideas about economics and the role of government from Ayn Rand, C. Montgomery Burns, and the rotted brain of a long-dead Scotsman. Its time to ditch the whole concept of small, deliberately limited government once and for all, before anyone else gets hurt.

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As Americans in general and New Englanders specifically, we are in love with the idea of the small, part-time government that generally stays out of societys affairs. After all, The best government is that which governs least, according to rugged individualist Henry David Thoreau, who coincidentally needed his mom to bring him food in the woods all the time.

But the ideal described by our dead Scot, Adam Smith, in which government provides only for defense, the protection of private property, and a few necessities like roads, hasnt been realistic since industrialization threw into sharp relief the desperate inequalities between rich and poor. Any attempt to force modern government to be smaller and less responsible for social welfare and regulation of the economy inevitably leads to disaster. See, for instance, the Great Depression and the 2008 fiscal crisis, just to name a few.

Were in the middle of another disaster right now, and while there is so, so much blame to go around for our countrys criminally incompetent response to COVID-19, a very large share can be placed at the feet of everyone who thought defunding vital government programs, cutting taxes for the rich, letting corporate titans decide their own paid sick leave policies, and blocking universal health care was a good plan.

As it turns out, being suspicious of anything the government does and trying to rely entirely on individuals to make their own choices is not a recipe for success in times like these.

To give you an idea of how this is going, Gov. Kristi L. Noem (R-South Dakota) scoffed that government efforts to mandate sensible social distancing precautions were all for just a bunch of sheeple, declared that South Dakota is not New York City, and left it up to the people of her state to do whatever they wanted. South Dakota is now an emerging hotspot, with 300 cases appearing at a single meat-packing plant alone.

Small government doesnt work for this or any other crisis. It doesnt even really work for normal times. How did our roads and schools get to be the way they are? Why are the rich getting so much richer while the middle class and the poor languish? Why is health care an impossible dream for so many people? Why are the streets of our richest cities full of the homeless?

Limited government has utterly failed to cope with any of those problems. Theres a toxic idea out there that deregulation and tax cuts will lead to economic growth, which through magic will benefit absolutely everyone. But thats never been remotely true. If it were, salaries wouldnt have been stagnating since the Reagan years, and the gap between rich and poor would have been closing instead of widening. Small government simply cant fix modern problems.

Heres the thing. Government isnt just some nebulous thing that exists only to tax us and make us wait in line at the DMV. Government can and should be the expression of the will of society as a whole, as carried out by the representatives of the people. Government is the only way the entire town, the entire state, and the entire country can work together as a single unit to attack problems the private sector cant solve, like wars, natural disasters, economic crashes, and pandemics.

This matters, because I firmly believe weve entered a time of ongoing global crisis. The threat of climate change was already becoming nauseatingly real before COVID-19 struck. The old American-led system of alliances is decaying, leaving power vacuums in dangerous places. The institutions of the West are struggling, and democracy itself is in retreat.

We cant address any of these crises if our government can barely tie its own shoes. We need competent governments that can do big things. We need to buy into the idea that were all in this together. Connecticuts government could start selling Quarantine Bonds, just like the war bonds of old, to raise money and give everyone a stake in the future.

Small government is the belief that we dont need one another to survive and prosper. The 21st century is teaching us once again that without one another, without the whole of society working together, were all screwed.

Susan Bigelow is an award-winning columnist and the founder of CTLocalPolitics. She lives in Enfield with her wife and their cats.

DISCLAIMER: The views, opinions, positions, or strategies expressed by the author are theirs alone, and do not necessarily reflect the views, opinions, or positions of CTNewsJunkie.com.

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OP-ED | The Era of Small Government is Over - CT News Junkie

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Facebook’s Libra Association tries again at this digi-cash game, with more modest ambitions after global flop – The Register

Posted: at 7:04 pm

The Facebook-founded Libra Association has revised its planned digital currency after regulatory concerns and public backlash made the project's initial vision untenable.

Libra was introduced last June as a global digital currency, that would be linked to the value of real-world currencies and used by Facebook and others. It was to be based on a permissioned blockchain only authorized parties could record transactions with permissionless governance no single party could change the rules of the network.

Initially, the idea took the form of a chaperoned version of Bitcoin. Rather than relying on permissionless consensus to exchange value, Libra's transactional bookkeeping was to be overseen by Facebook and an association of data-harvesting friends.

But its stated ambition [PDF] was to move toward the Bitcoin model, "where anyone that follows the rules of the protocol and contributes the right types of resources (e.g., computing power in the case of a proof-of-work system) can do so."

That's now been abandoned, replaced by more modest goals outlined in an explanatory paper [PDF].

Derisively referred to as Facebank or Facebucks, Libra alarmed regulators, advocacy groups, and competitors. The idea of allowing Facebook to set up a minimally accountable global financial data chokepoint after its many privacy and misinformation controversies raised more than a few eyebrows.

The criticism that followed last summer's launch announcement led to many of the initial Libra Association members to back away from the project.

So Libra now intends to play by the rules of global finance. On Thursday, the Libra Association asked the Swiss Financial Markets Supervisory Authority (FINMA) for permission to obtain a payment system license. The currency's future form thus looks more like PayPal than an Ayn Rand-inspired run around regulation.

According to David Marcus, co-creator and a board member of Libra and head of Facebook digital wallet subsidiary Calibra, this means implementing measures to combat money laundering, to avoid financing terrorism, and to enforce national financial sanctions.

Libra will now offer "stablecoins" digital currency pegged to, and exchangeable for, specific national currencies in addition to the multicurrency Libra Coin.

And instead of moving toward a permissionless model, Libra aspires to move toward "a market-driven open and competitive network," said Marcus via Twitter.

He also noted that the Libra Association is now member-funded, with less than 10 per cent of funding coming from Facebook. Distancing Libra from Facebook may make it more palatable to those put off by the ubiquitous social network.

The Libra Association anticipates that Designated Dealers (of Libra currency), Virtual Asset Service Providers (businesses selling digital stuff), and Unhosted Wallet Users (people with Libra Blockchain addresses) will be the major users of the currency.

Not everything is changing however: Libra will continue to rely on blockchain technology. The Register asked the Libra Association why a blockchain, as opposed to a traditional database, is necessary.

A spokesperson for the organization offered a not-particularly enlightening reply: "Blockchain technology leverages decades of experience with distributed and open systems. We are using blockchain technology to bring these innovations in security and operability to a new payment system."

The organization's white paper provides a bit more insight into the ostensible benefits of a blockchain.

"One outcome of the above design decisions is that the Libra Blockchain will provide public verifiability, meaning that anyone (validators, Libra Networks, Virtual Asset Service Providers (VASPs), law enforcement, or any third party) can audit the accuracy of all operations," the paper says.

"Another outcome of the above design decisions is that the Libra Blockchain will support a privacy approach that will take into account the variety of participants on the network."

Yet the paper provides no detail about how everything will be both auditable and private, or how the Libra Association defines privacy, which in general means being unobserved.

"We will collectively continue to work as hard as we can to enable people and businesses to send and receive money globally as easily as it is to send a text message and at a much lower cost," said Marcus via Twitter.

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Facebook's Libra Association tries again at this digi-cash game, with more modest ambitions after global flop - The Register

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Gangster in the White House: Noam Chomsky on COVID-19, WHO, China, Gaza and Global Capitalism – Democracy Now!

Posted: at 7:03 pm

This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: This is Democracy Now!, democracynow.org, The Quarantine Report. Im Amy Goodman. The death rate from the coronavirus pandemic continues to accelerate, with worldwide confirmed deaths topping 145,000. In the United States, deaths surged to another record high Thursday, nearly doubling to surpass the previous record set just a day before, at 4,591, U.S. residents died over a single 24-hour period.

Well, today we continue my conversation with Noam Chomsky, the world-renowned political dissident, linguist and author of more than a hundred books. Hes a laureate professor in the Department of Linguistics at the University of Arizona, Tucson, and professor emeritus at Massachusetts Institute of Technology, where he taught for more than half a century. Professor Chomsky joined us last week from his home in Tucson, Arizona, where he is sheltering in place his wife Valeria. We spoke just after President Donald Trump foreshadowed this weeks announcement that he would cut off U.S. support for the World Health Organization. This is Trump addressing reporters last week.

REPORTER 1: Is the time to freeze funding to the WHO during a pandemic of this magnitude?

PRESIDENT DONALD TRUMP: No, maybe not. I mean, Im not saying Im going to do it, but were going to look at it.

REPORTER 2: You did say that youre going to do it.

PRESIDENT DONALD TRUMP: We give a tremendous no, I didnt. I said were going to look at it. Were going to investigate it. Were going to look at it.

AMY GOODMAN: Can you talk about what hes threatening to do right now? First they reject the WHO tests, that would have been critical, and now saying theyre going to defund the World Health Organization.

NOAM CHOMSKY: Well, this is typical behavior of autocrats and dictators. When you make colossal errors which are killing thousands of people, find somebody else to blame. And in the United States, its unfortunately the case, for well over a century, century and a half, that its always easy to blame the yellow peril. The yellow Theyre coming after us. Weve seen this all through my life, in fact way before. So, blame the World Health Organization, blame China, claim that the World Health Organization has insidious relations with China, is practically working for them. And that sells to a population thats been deeply indoctrinated for a long time, way back to the Chinese Exclusion Acts in the 19th century, to say, Yeah, those yellow barbarians are coming over to destroy us. Thats almost instinctive.

And its backed up by the echo chamber, so, you know, say, Rush Limbaugh. Science is one of the four corners of deceit, along with the media, academia I forget one of the others, but theyre the four corners of deceit. They live on deceit. You keep driving that into peoples heads. They say, Why should we believe anything? Why should we believe the news? Its just fake news. Theyre all trying to destroy our savior, our president, the greatest president ever.

Im old enough to remember as a child listening to Hitlers speeches over the radio, Nuremberg rallies. I couldnt understand the words, but the tone and the reaction of the crowd, the adoring crowd, was very clear and very frightening. We know what it led to. Its hard to it comes to mind at once when you listen to Trumps ravings and the crowd. I dont suggest that hes anything like Hitler. Hitler had an ideology, horrible ideology, not only massacring all the Jews and 30 million Slavs and the Roma, and conquering much of the world, but also an internal ideology: The state, under control of the Nazi Party, should control every aspect of life, should even control the business community. Thats not the world were in. In fact, its almost the opposite, business controlling the government. And as far as Trump is concerned, the only detectable ideology is pure narcissism. Me, thats the ideology. As long as I am smart enough to keep serving the real masters, pour money into the pockets of the very wealthy and the corporate sector, and theyll let you get away with your antics.

Its pretty striking to see what happened at the Davos conference this January. Thats the meeting of the people who are called the masters of the universe CEOs of the major corporations, you know, big media stars and so on. They get together in Davos once a year, congratulate each other on how wonderful they are, put on a pose of dedicated humanists who couldnt do you know, just totally devoted to the welfare of the people of the world. Youre safe leaving your fate in our hands because were such good guys.

Trump came along and gave the keynote address. They dont like Trump. His vulgarity is incompatible with the image that theyre trying to project of cultivated humanism. But they wildly applauded him, lustily applauded every word, because they know that he does recognize which pockets you have to fill with dollars and how to do it. And as long as he does that, as long as he serves his major constituency, theyll let him get away with the antics in fact, like it, because he mobilizes a crowd that will back policies like his legislative achievements. Main one is a tax scam that pours money into the hands of the corporate coffers and harms everyone else. The deregulation is great for business. They love it. They can destroy the environment and harm people as much as they want. Very harmful to the population.

You cut back on pollution constraints, on auto emission regulations, what happens? People die of pollution, of mercury poisoning. The waters are poisoned. And the world, it goes, is facing disaster. Youre accelerating the disaster. As I said, even in the February 10th budget, while cutting back on protection against diseases in the midst of a raging pandemic, increases funding for fossil fuel production, which is going to destroy us all. Of course, a lot more money for the Pentagon and for his famous wall. But thats the world were living in here, not everywhere. As I said, the Asian countries have been acting sensibly. New Zealand actually seems to have killed it also. Taiwan is doing very well. In Europe, Germany has maybe the lowest death rate in the world, Norway, as well. There are ways to react.

And there are ways to try to destroy everything what President Trump is leading, with the support of the Murdoch echo chamber, Fox News and others. And amazingly, this conjuring act is working. So, with one hand, you raise your hand to heaven: Im the chosen one. Im your savior. Im going to rebuild America, make it great again for you, because Im the servant. Im the loyal servant of the working class, and so on. Meanwhile, with the other hand, youre stabbing them all in the back. And to carry this off is an act of political genius. You have to recognize that serious talent is involved, whether intuitive or conscious planning. Its devastating. Weve seen it before. We see it now in dictators, autocrats, sociopaths who happen to get into leadership positions. And its now happening in the richest, most important country in world history.

AMY GOODMAN: So, you have this situation in the United States where the economy has been brought to a standstill because of the absolute catastrophe of this pandemic, that people have to isolate although isolation is a luxury. For so many essential workers, they have to come out into this pandemic and face enormous threat to their own lives. If you can talk about whether you see this pandemic perhaps threatening global capitalism overall or shoring it up, and how the trillions of dollars that are being put into these stimulus packages are going to simply intensify inequality or actually going to help people at the bottom?

NOAM CHOMSKY: Thats a choice, not an inevitability. I mean, the corporate sector is working hard to plan for a future of the kind that youre describing. The question is whether popular organizations will be able to impose enough pressure to make sure that this doesnt happen.

And there are ways. Take the corporate what you just described. The corporations right now are hiding their copies of Ayn Rand and rushing to the nanny state and asking for benefits from the public to overcome the results of their criminal behavior. What have they been doing for the last years? Profits have been going sky high. Theyve been indulging in an orgy of stock buybacks, which are devices to increase the wealth for the rich shareholders and for management while undermining the productive capacity of the enterprise at a huge scale, setting their offices somewhere in a little room in Ireland so they dont have to pay taxes, using tax havens. This is not small change. This is tens of trillions of dollars, robbing the taxpayer. Does that have to be the case?

Take the current giveaway to corporations. It should be accompanied by conditionalities term were familiar with from the IMF. They should be required to ensure that there will be no more use of tax havens, there will be no more stock buybacks, period. If they dont do that, with a firm guarantee, no money from the public.

Is that utopian? Not at all. That was the law, and the law was enforced, up until Ronald Reagan, who turned on the spigot to rob as much as you like, with Milton Friedman and other luminaries in the background telling him, Thats liberty. Liberty means rob the public massively by things like tax havens and stock buybacks. So theres nothing utopian about these conditions. It says, Lets go back to a period of pretty much regimented capitalism, which developed since Roosevelt, was carried through til the 70s, when it began to erode, and, with Reagan, just ended.

There should be further conditionalities, should be working people should be placed part of management should be representatives of workers. Is that impossible? No, its done in other countries, Germany, for example. There should be a requirement that they guarantee a living wage not just minimum wage, a living wage. Thats a conditionality that can be imposed.

Now, we can move further and recognize notice that all of this is pre-Trump. Trump is taking a failing, lethal system and turning it into a monstrosity, but the roots were before him. Just think back to the reason why the pandemic occurred in the first place. Drug companies are following capitalist logic. They dont want to do anything. The neoliberal hammer says the government cant do anything the way it did in the past. Youre caught in a vise. Then comes along Trump and makes it incomparably worse. But the roots of the crisis are pre-Trump.

The same with the healthcare system. Like we know that everyone knows they should know the basic facts. Its an international scandal: twice the costs of comparable countries, some of the worst outcomes. The costs were recently estimated by a study in The Lancet, one of the worlds leading medical journals. They estimated that the costs, the annual annual costs to Americans are close to half a trillion dollars and 68,000 lives lost. Thats not so small.

AMY GOODMAN: World-renowned political dissident, linguist and author Noam Chomsky. When we come back, hell discuss conditions in Gaza during the pandemic, and the rise of authoritarianism around the world, and the progressive response. Stay with us.

[break]

AMY GOODMAN: The Puerto Rican rapper Residente, performing the Quarantine Edition of his new song Ren. This version includes his mom and about 30 other musicians who joined him from their homes.

This is Democracy Now!, democracynow.org, The Quarantine Report. Im Amy Goodman, as we return to Part 2 of our conversation with Noam Chomsky, world-renowned linguist, political dissident and author. I asked him about Gaza, one of the most densely populated places on Earth, where at least 13 cases of COVID-19 have been reported. The World Health Organization reports there are just 87 ventilators for Gazas 2 million residents. Nearly 300 cases and two deaths have been confirmed in the West Bank. This is Professor Chomsky.

AMY GOODMAN: If you can talk for a moment, globally, about whats happening on an issue that has been close to your heart for decades, and that is the Occupied Territories, Gaza and the West Bank, what it means for a place like Gaza, called by the U.N. and people around the world a kind of open-air prison of almost 2 million people, what the pandemic could mean there?

NOAM CHOMSKY: Its almost impossible to think about. Gaza is 2 million people who are in the living in a prison, open-air prison, under constant attack. Israel, which is the occupying power, recognized by everyone in the world except Israel Israel is imposing has been imposing very harsh sanctions ever since the Palestinians made the mistake of carrying out the first free election in the Arab world and electing the wrong people. The United States and Israel came down on them like a ton of bricks.

Israels policy, as was explained by Dov Weissglas, the person in charge of the withdrawal of Israeli troops, the withdrawal of the settlers and imposition of the new regime he explained frankly, We are putting the people of Gaza on a diet, just enough to keep them alive, meaning wouldnt look good if they all die, but not anything more than that. So, not a piece of chocolate or a toy for a child. Thats out. Just enough to stay alive. And if you have a serious health problem, maybe you can apply to go to the hospital in East Jerusalem. Maybe after a couple of weeks, youll be allowed to go. Maybe a child is allowed to go, but his mother is not allowed to come.

If the pandemic there are now a couple of cases in Gaza. If that extends, its a total disaster. International institutions have pointed out that by 2020 thats now Gaza will probably become barely livable. About 95% of the water is totally polluted. The place is a disaster. And Trump has made sure that it will get worse. He withdrew funding from the support systems for Palestinians in Gaza and the West Bank UNRWA, killed the funding; Palestinian hospitals, killed the funding. And he had a reason. They werent praising him enough. They werent respectful of the god, so, therefore, well strangle them, even when theyre barely surviving under a harsh and brutal regime.

Incidentally, this extends to Palestinians in Israel, as well. Human rights activists in Israel pointed out recently theres articles about it in Haaretz that Israel finally began to set up a few drive-by testing areas only in Jewish areas, not in the areas with Palestinian population. And to make sure that the intended results would follow, they announced it only in Hebrew, not in Arabic, so Palestinians wouldnt even know. Well, thats within Israel. In the Occupied Territories, far worse.

And the Trump hammer came in saying, Were not even going to give you a penny, because youre not respectful enough of me. I dont know how to describe this kind of thing. I cant find words for it.

AMY GOODMAN: Noam Chomsky, what do you think is required in an international response to stop the rise of authoritarianism in response to this pandemic? For example, in the Philippines, where the authoritarian leader, Trump ally, Duterte, talks about killing people; the massive crackdown, without support of the people of India, 1.3 billion people, with Narendra Modi. President Trump was in India as the pandemic was taking off, never saying a word about it, packing a stadium of 100,000 people. You have Orbn in Hungary, who is now ruling by decree. What would it take to turn that around to be a progressive response?

NOAM CHOMSKY: Well, actually, whats happening, to the extent that you can find some coherent policy in the madness in the White House, one thing does emerge with considerable clarity namely, an effort to construct an international of the most reactionary states and oppressive states, led by the gangster in the White House. Now, this is taking shape.

I can run through it, but since you mentioned India, Modi, who is a Hindu nationalist extremist, is systematically moving to destroy Indian secular democracy and to crush the Muslim population. Whats happening in Kashmir is horrifying. It was bad enough before, now getting much worse. Same with the Muslim population, a huge population in India. The current lockdown is almost you can almost describe it as genocidal. Modi gave, I think, a four-hour warning saying total lockdown. Thats over a billion people. Some of them have nowhere to go. People in the informal economy, which is a huge number of people, are just cast out. Go walk back to your village, which may be a thousand miles away. Die on the roadside. This is a huge catastrophe in the making, right on top of the strong efforts to impose the ultra-right Hindutva doctrines that are at the core of Modis thinking and background.

Whats happening in quite apart from this, India in fact, South Asia generally is going to become unlivable pretty soon, if current climate policies persist. Last summer, the temperature in Rajasthan went up to 50 degrees centigrade. And its increasing. Theres hundreds of millions of people in India that dont have access to water. Its going to get much worse, could lead to a nuclear war between the two powers that basically rely on the same water resources, which are declining under global warming: Pakistan and India. I mean, the horror story thats developing is, again, indescribable. You cant find words for it. And some people are cheering about it, like Donald Trump and his friend Bolsonaro in Brazil, a couple of other sociopaths.

But how do you counter a reactionary international? By developing a Progressive International. And there are steps to that. They dont get much publicity, but this I think its this coming December, there will be a formal announcement of what has been in process for some time. Yanis Varoufakis, the founder and leading figure in DiEM25, the progressive movement in Europe, very important Varoufakis and Bernie Sanders came out with a declaration calling for a Progressive International to combat and, we hope, overcome the reactionary international based in the White House.

Now, if you look at the level of states, this looks like an extremely unequal competition. But states are not the only things that exist. If you look at the level of people, its not impossible. Its possible to construct a Progressive International based on people, ranging from the organized political groups that have been proliferating, that have gotten a huge shot in the arm from the Sanders campaign, ranging from them to self-help mutual aid, self-help organizations that are rising in communities all over the world, in the most impoverished areas of Brazil, for example, and even this astonishing fact that I mentioned, that the murderous crime gangs are taking responsibility for bringing some form of decent protection against the pandemic in the favelas, the miserable slums, in Rio. All of this is happening on the popular level. If it expands and develops, if people dont just give up in despair but work to change the world, as theyve done in the past under much worse conditions, if they do that, theres a chance for a Progressive International.

And notice, bear in mind, that there are also striking cases of internationalism, progressive internationalism, at the state level. So, take a look at the European Union. The rich countries in Europe, like Germany, have recently given us a lesson in just what the union means. Right? Germany is managing pretty well. They probably have the lowest death rate in the world, in organized society. Right next door, northern Italy is suffering miserably. Is Germany giving them any aid? No. In fact, Germany even blocked the effort to develop euro bonds, general bonds in Europe which could be used to alleviate the suffering in the countries under the worst conditions. But fortunately for Italy, it can look across the Atlantic for aid from the superpower on the Western Hemisphere, Cuba. Cuba is, once again, as before, exhibiting extraordinary internationalism, sending doctors to Italy. Germany wont do it, but Cuba can. China is providing material aid. So, these are steps towards progressive internationalism at the state level.

AMY GOODMAN: World-renowned political dissident, linguist and author Noam Chomsky, laureate professor in the Department of Linguistics at the University of Arizona, Tucson, professor emeritus at Massachusetts Institute of Technology, where he taught for more than half a century. Noam Chomsky joined us last week from his home in Tucson, Arizona, where hes sheltering in place with his wife Valeria. Go to our website at Democracy Now! to see Part 1 of our conversation.

When we come back, a new policy at New Yorks public hospitals requires medical workers who call in sick to produce a doctors note. Stay with us.

[break]

AMY GOODMAN: Lean on Me by Bill Withers. The legendary singer-songwriter Bill Withers died last month at the age of 81 from heart complications. We were showing, during that music break, nurses dancing around the world to give strength to each other, themselves and their patients.

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The Trump campaign’s frivolous lawsuits are next-level threats to the First Amendment – Business Insider – Business Insider

Posted: at 7:02 pm

President Donald Trump is a menace to the First Amendment.

His hostility to the White House press corps and the non-right-wing news media is well documented.

But while being rude to reporters and reflexively shouting "fake news" are effective tactics to make his base even less inclined to believe anything negative about Trump, they're trivial concerns compared to the speech-chilling lawsuits filed by his reelection campaign against media outlets both big and small.

These petty lawsuits accusing various outlets of libel have little chance of success, but they will drain resources from media organizations who have published or aired opinions and ads that are critical of the president.

And they will serve as warnings to every organization that a deep-pocketed presidential campaign is willing and able to bring the pain.

Trump's reelection campaign has filed suit against CNN, The Washington Post, and The New York Times for publishing opinion pieces that they claim are libelous.

It "flies in the face of basic First Amendment doctrine," Theodore J. Boutrous Jr., a California lawyer who has worked on a number of high-profile free-speech cases, told The New York Times.

He added: "The complaint is attacking opinions where the authors are expressing their views based on widely reported facts."

Put simply, opinions are protected by the First Amendment. Even opinions that aren't 100% based in fact are protected by the First Amendment.

Libel, which requires "actual malice" that a deliberately false statement was published to hurt a person's reputation, is not protected by the First Amendment. And that's a good thing for Trump, because he's been well known to say patently false things about people with the intent of disparaging their reputations.

Trump's latest salvo in his war on free expression is a suit filed by his campaign against the small television station WFJW, a northern Wisconsin NBC affiliate. The station had been airing an ad produced by Priorities USA, one of the largest and well-funded pro-Democratic Party super PACs.

In the ad, titled "Exponential Threat," a series of Trump clips are played over ominous music. Early in the ad, two clips from two different Trump recordings are played back to back: "The coronavirus this is their new hoax."

In reality, Trump never directly called the coronavirus a "hoax." He did regularly downplay the danger it posed, likening it to the flu, and even opined that it would just miraculously disappear. Trump's "hoax" comment was a reference to the Democrats' failed attempt to remove him from office through impeachment.

To Trump, that was a "hoax," just as Democrats' criticism of his administration's response to the then burgeoning crisis was a "hoax." Is that dirty pool, or is that just politics?

"If this is the bar for what is a defamatory campaign ad then the vast majority of campaign ads are defamatory," Ken White, a California civil-liberties lawyer who blogs and tweets under the "Popehat" moniker, told Insider. White added: "Even arguably taking [words] out of context is absolutely routine. It is not a false statement of provable fact."

White says the Trump campaign's allegation of libel is a "nonsense argument" that is "performative" and "doesn't have much of a chance of succeeding in the long term."

But, he adds: "Even when a lawsuit is completely frivolous, it's ruinously expensive to defend. For most individuals and small businesses, it's completely impossible to afford. And even for a relatively moderate-sized business like a TV station, it can destroy it."

White thinks it's not a coincidence that the campaign chose to sue an individual TV station rather than the well-funded super PAC that produced it. He also thinks the fact that they chose Wisconsin, which Trump narrowly won in 2016, was strategic: Wisconsin has no anti-SLAPP law.

SLAPP Is an acronym for Strategic Lawsuits Against Public Participation. They are the lawsuit equivalent of censorship by intimidation. Anti-SLAPP laws which vary from state to state allow defendants to request a motion to dismiss a frivolous suit before it bleeds them financially dry.

To recap: The Trump campaign is ignoring the big-money super PAC and is instead going after a small TV station in a state where there are no protections against bogus lawsuits like this.

These cash-draining suits come at a time when an already struggling industry is bleeding even more jobs as a result of the coronavirus pandemic. And while major corporate media outlets like CNN, The Washington Post, and The New York Times have the resources to fight such suits, a small Midwestern TV affiliate surely does not.

Should this suit move forward in Wisconsin's legal system, it will send a chill up the spines of any modestly funded media outlet that wants to publish anything even a campaign ad that makes Trump look bad.

This goes beyond "fake news" insults; it is an intimidation tactic by the president designed to bring the media to heel by causing financial ruin in response to coverage he doesn't like.

There was an attempt at anti-SLAPP legislation at the federal level, the SPEAK FREE Act of 2015. While it had bipartisan support of 30 members of Congress, it wasn't enough for the bill to make it out of committee. But this is a worthy law for Congress to take up, because it defends the First Amendment from deep-pocketed bad-faith litigants.

No one, not even Trump, should be able to sue free speech into submission.

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New podcast: Who-da thunk it? Drive-in churches are First Amendment battlegrounds – GetReligion

Posted: at 7:02 pm

So that was a story with three camps: (1) The 99% of religious leaders who cooperated and took worship online (that wasnt big news), (2) the small number of preachers who rebelled (big story in national media) and (3) government leaders who just wanted to do the right thing and keep people alive.

However, things got more complex during the Easter weekend (for Western churches) and thats what Crossroads host Todd Wilken and I discussed during this weeks podcast (click here to tune that in).

As it turned out, there were FIVE CAMPS in this First Amendment drama and the two that made news seemed to be off the radar of most journalists.

But not all. As Julia Duin noted in a post early last week (Enforcement overkill? Louisville newspaper tries to document the war on Easter), the Courier-Journal team managed, with a few small holes, to cover the mess created by different legal guidelines established by Kentuckys governor and the mayor of Louisville.

Thats where drive-in worship stories emerged as the important legal wrinkle that made an already complex subject even harder to get straight.

Those five camps? They are (1) the 99% of religious leaders who cooperated and took worship online, (2) some religious leaders who (think drive-in worship or drive-thru confessions) who tried to create activities that followed social-distancing standards, (3) a few preachers who rebelled, period, (4) lots of government leaders who established logical laws and tried to be consistent with sacred and secular activities and (5) some politicians who seemed to think drive-in religious events were more dangerous than their secular counterparts.

Say what? Look at the Louisville laws, for example. Why were drive-in worship services with, oh, 100 cars containing people in a big space more dangerous than businesses and food pantry efforts that produced, well, several hundred cars in a parking lot?

Why was if OK for people in cars to bunch up at a drive-thru liquor establishment, but they couldnt part near each other at a church service?

Meanwhile, you had people doing essential things at grocery stores and big-box discount stores that jammed parking lots and then had people (masks and gloves optional) getting out of their cars and going inside. Why was a drive-thru confessional with the priest 10-plus feet away from someone in a car more dangerous than that?

The same clash was happening in a few other places. The Associated Press did a solid piece about what was happening in Mississippi: Justice Department takes churchs side in 1st Amendment suit. Heres the start of that:

WASHINGTON (AP) The Justice Department took the rare step of weighing in on the side of a Mississippi Christian church where local officials had tried to stop Holy Week services broadcast to congregants sitting in their cars in the parking lot.

As the coronavirus pandemic spread, leaders at Temple Baptist Church in Greenville began holdingdrive-in servicesfor their congregation on a short-wave radio frequency from inside an empty church save for the preacher.

Arthur Scott, the 82-year-old pastor, said Tuesday that it was a good compromise for his group, a wonderful way to preach the gospel and still its like they are there, but you cant go out and see them, but you know theyre there.

The federal involvement adds to the rising tension over reconciling religious freedom with public health restrictions designed to fightthe pandemic, disputes that are playing out along the same partisan lines that mark the nations overall divide.

Greenville city leaders argue the services violate stay-at-home orders and could have put peoples lives in jeopardy. Church officials believe they have been singled out for their religion, especially after eight police officers were sent last week to ticket the faithful, $500 apiece, for attending services, including the pastors wife.

This detail was really interesting:

Attorney Ryan Tucker of the Alliance Defending Freedom, which represents the church, says theres a Sonic Drive-In restaurant about 200 yards (180 meters) from the church where patrons are still allowed to roll down their windows and talk.

Ah, but some of those drive-in worshipers might roll down their car windows and raise their hands, singing praises to God. Thats way more dangerous than a drive-thru liquor window or fast-food takeout services. Right?

Heres one more look at the legal nature of this conflict:

The Justice Department argued in the filing that the city appeared to be targeting religious conduct by singling churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all Centers for Disease Control and Prevention and state recommendations regarding social distancing.

The facts alleged in the complaint strongly suggest that the citys actions target religious conduct, the filing says. If proven, these facts establish a free exercise violation unless the city demonstrates that its actions are neutral and apply generally to nonreligious and religious institutions or satisfies the demanding strict scrutiny standard.

In other words, this is kind of like an equal access laws case. You cant regulate religious activities MORE than you do secular activities with similar methods and circumstances. Government officials cant rule that religion is uniquely dangerous.

Who would have thought wed see First Amendment battles about drive-ins!

Theres much more in the podcast. Please give it a listen and pass it on.

This story isnt over yet, I am sure.

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New podcast: Who-da thunk it? Drive-in churches are First Amendment battlegrounds - GetReligion

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Teenager Who Shared Coronavirus Infection on Instagram Threatened With Arrest By Police, Lawsuit Says – Newsweek

Posted: at 7:02 pm

A lawsuit filed Thursday said a patrol sergeant following a sheriff's orders violated a Wisconsin teenager's First and Fourteenth Amendment rights by telling her to remove an Instagram post, in which she said she was suffering from COVID-19 symptoms.

The patrol sergeant said he would "start taking people to jail" if the post was not deleted, according to the complaint.

Wisconsin Institute for Law & Liberty (WILL) filed the lawsuit with the United States District Court for the Eastern District of Wisconsin on behalf of the teenager, identified in the complaint as a student at Westfield Area High School in Marquette County. Patrol Sergeant Cameron Klump and Sheriff Joseph Konrath of the Marquette County Sheriff's Department were both listed as defendants.

"The First Amendment's protection of speech, especially online speech, is as vital as ever during the ongoing COVID-19 pandemic," the complaint said. "This case is about preserving the right to share our experiences with each other during this difficult time."

The law firm said the teenager began experiencing respiratory symptoms common among COVID-19 patients after a trip to Florida with her classmates in March. The teenager and her classmates returned home as the coronavirus pandemic began forcing states across the country to shut down. The complaint said she then developed a fever and cough within five days of arriving back home on March 15.

The teenager's parents tried to contact their daughter's teacher to alert other students of her possible COVID-19 symptoms, but their attempts were unsuccessful, the complaint said. In the days that followed, she was briefly hospitalized for her symptoms but ultimately tested negative for the virus, the law firm said.

Doctors told the teenager and her parents that "in their opinion" she "likely had COVID-19, but had missed the window for testing positive," WILL wrote in an April 3 letter to Konrath. The letter went on to say that the family "believed and still believe the doctors' diagnosis."

The teenager returned home after receiving her negative results and posted an update on Instagram that read, "I am finally home after being hospitalized for a day and a half. I am still om [sic] breathing treatment but have beaten the corona virus [sic]. Stay home and be safe."

According to the complaint, Klump arrived at the family's home on March 27 and told the teenager's parents Konrath had received a complaint from her school about the post. Klump said he had direct orders from Konrath to "demand" that she "delete this post," and if she did not, to cite the teen and/or her parents for "disorderly conduct," the complaint said.

Klump said Konrath wanted the post deleted because no cases of COVID-19 had been confirmed in the county at that time, the complaint said. Marquette County confirmed its first COVID-19 cases three days later.

Deputy Counsel Luke Berg, who represents the family, told Newsweek the firm was pursuing a records request with the school to determine who had filed the alleged complaint with the sheriff's department.

"It struck me as a flagrant First Amendment violation," he said of the incident. "The thought that law enforcement would be patrolling social media is terrifying, quite frankly."

Konrath did not respond to Newsweek's request for comment by publication time.

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Students Don’t "Shed Their Freedom of Speech at the Schoolhouse Gate" – Reason

Posted: at 7:02 pm

The Atlanta Journal Constitution (Shaddi Abusaid)reports,

Two Carrollton High School seniors were expelled Friday and won't be allowed to graduate after a racist video they posted online went viral.

In a statement, Carrollton City Schools Superintendent Mark Albertus said the students' behavior was unacceptable and "not representative of the district's respect for all people."

The racist behavior observed in the video easily violates this standard," he said. "They are no longer students at Carrollton High School."

The video, initially posted to the social media platform TikTok on Thursday, went viral after showing the two teenagers using the n-word and making disparaging remarks about black people.

The 50-second clip was shared so many times that"Carrollton" was trending on Twitter by Friday morning.

Filmed in a bathroom, the studentsone boy and one girlmimic a cooking show as they pour cups of water into the sink.

"First we have 'black,'" the girl can be heard saying as the boy grabs one cup and pours it in. "Next we have 'don't have a dad.'"

The video sounds appalling, but fully protected by the First Amendment. And while the government has the power to restrict various kinds of speech (disruptive speech, vulgar speech, nonpolitical pro-drug-use speech) at school or in school-sponsored events, I think its broad powers can't be applied 24/7 to all speech that students engage in everywhere (including speech that appears not to be about any other student at the school, involve threats of violence, and the like). And even if off-campus speech can be restricted on the grounds that it causes disruptive effects on campus (e.g., fights when the students come to school)a matter on which lower courts are unsettledDavid Bernstein (InstaPundit) points out that "the schools are closed for the academic year due to Covid-19, and the students are high school seniors."

The title of the post comes from a quote fromTinker v. Des Moines Independent School District(1969), where the Court wrote,

First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.

According to the school district, though, even outside "the school environment" with its "special characteristics," nowhere near the "schoolhouse gate," certain kinds of viewpoints can be punished with expulsion and apparently denial of a diploma.

Thanks to Hans Bader for the pointer.

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Tea Party president says he was threatened with arrest for planning protest on Newton Green – New Jersey Herald

Posted: at 7:02 pm

The president of the Skylands Tea Party said he was threatened with arrest after he planned a protest on the Newton Green in response to Gov. Phil Murphy's executive orders during the coronavirus pandemic.

William Hayden, of Frankford, said he had planned a small gathering Saturday of around 10 to 20 people on the Newton Green in protest, targeting Murphy's stay-at-home directives. The plan was to keep 6 feet apart while live streaming a reading of the First Amendment of the U.S. Constitution which, in essense, calls for the protection against laws that prohibit freedom of speech, religion and the press and the right to assemble and to petition the government. The Newton Green is Sussex Countys only county-owned park.

Hayden knows the coronavirus is serious, stating that his wife, an ICU nurse, sees it first-hand, but notes that Murphy has "taken it upon himself to violate all of our rights."

An avid hiker, Hayden takes particular issue with the closure of county and state parks, noting that as open-air spaces remain closed, popular retailers like Home Depot, Lowes and Walmart are open, allowing more people in tight, enclosed areas.

Murphy ordered parks to close after seeing and receiving reports from state and county officials that people were gathering and failing to abide by social distancing orders. The decision was made in an effort to halt the spread of the novel coronavirus, which as of Friday afternoon had claimed 3,840 lives, including 48 Sussex County residents 26 of whom were clients at the Andover Subacute and Rehabilitation I and II facilities in Andover Township.

But the decision to close parks didn't come without pushback by some Republican lawmakers, including 24th District Assembly members Parker Space and Hal Wirths, who supported the introduction of a resolution by Republican Assemblyman Jay Webber, of Morris County, to reopen the parks. Webber also started an online petition that has, since April 7, garnered over 11,000 signatures.

Hayden said he had obtained a permit in January to host a Patriot's Day event on the Newton Green. The day, held on the third Monday of April each year, commemorates the battles of Lexington and Concord. The coronavirus pandemic forced the cancellation of the event he said.

County officials closed off the Newton Green this week. On Friday, barriers were placed in the park, blocking the entrance points to the Newton Green which is often bustling with people on a workday or even weekend along with caution tape surrounding the perimeter.

Hayden said he has always had a good relationship with Newton Police Chief Robert Osborn, but "the dynamic changed" when they spoke over the phone this week after the chief got wind of Hayden's plans to hold a protest on the Green, which had been posted on social media.

"He told me he would have to arrest me if I went through (with the protest)," Hayden said.

When asked if he was planning on moving the protest elsewhere today, Hayden didn't rule out the idea, stating he "may be doing something."

Osborn decline comment Friday, but instead referred to a statement issued by the Sussex County Prosecutor's Office.

Gregory Mueller, first assistant prosecutor, said Friday his office was advised of Haydens plan, and based on follow up with social media posts, his office responded by issuing a press release.

In the release, Mueller thanked the residents of Sussex County for their "sacrifice, patience and strength" during the ongoing pandemic, noting that their cooperation and adherence to county and state officials along with Murphy's executive orders has "saved many lives in our community."

The statement, in part, continued: "Your commitment in this regard shows your compassion for your fellow neighbor, honors the sacrifice they are making and reduces the danger posed to first responders and health care workers in our county."

"Your actions now, and in the coming weeks," Mueller said, "Could save the life of someone you know or someone you may never meet," the statement ended.

Murphy has echoed similar sentiments in his daily coronavirus briefings, stating that it is essential to stay home and keep with social distancing to flatten the curve.

On Thursday, Murphy stated, "We will get through this unequivocally, not without cost. Look at the lives, the thousands now, of lives we've lost. But we will, New Jersey, get through this together as one extraordinary family, stronger than ever before."

Hayden said that Murphy's executive orders violate the Bill of Rights, a topic that was addressed during a rare interview between Fox News' Tucker Carson and Murphy on Wednesday.

Murphy, in response during the often-heated interview, said he "wasn't thinking of the Bill of Rights" when he issued his March 21 executive order to require New Jersey residents to stay home while banning social gatherings. Instead, Murphy said he looked at "data and science," specifically that "it says people have to stay away from each other."

First Assistant Prosecutor Mueller, when asked his thoughts of the topic, said he was going to respond by quoting a phrase most often attributed to Abraham Lincoln: "The Constitution is not a suicide pact."

Hayden said he has plans to attend the Open New Jersey rally that is planned for April 28 at the Trenton War Memorial, the location of Murphys daily coronavirus briefings. The event is expected to include hundreds of people, or more.

Lori Comstock can also be reached on Twitter: @LoriComstockNJH, on Facebook: http://www.Facebook.com/LoriComstockNJH or by phone: 973-383-1194.

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Legal expert: Trumps liberate Tweets incite insurrection and thats illegal – AlterNet

Posted: at 7:02 pm

President Donald Trump may have gotten more than he bargained for Friday, when he posted three tweets, just sixteen words in total, that stunned and infuriated the nation and have legal experts weighing in on just how much trouble he could be in.

One, a former U.S. Dept. of Justice official, suggests possibly a lot.

But first, the tweets:

The average Trump supporter might say, So? Or, as Trump has often defended his actions, he has a First Amendment right to say what he wants.

Both are wrong, according to Mary McCord, a former Acting Assistant Attorney General for National Security at the U.S. Department of Justice, and former Principal Deputy Assistant Attorney General for the National Security Division, according to her bio at Georgetown Law, where she is a Visiting Professor of Law at Georgetown University Law Center.

If all thats not enough, McCord currently serves as the Legal Director at the Institute for Constitutional Advocacy and Protection (ICAP).

In other words, she knows what shes talking about. And what shes saying, in a just-published Washington Post op-ed, is Trumps actions meet the definition of inciting insurrection, and inciting insurrection is illegal.

President Trump incited insurrection Friday against the duly elected governors of the states of Michigan, Minnesota and Virginia, McCord begins. Just a day after issuing guidance for re-opening America that clearly deferred decision-making to state officials as it must under our Constitutional order the president undercut his own guidance by calling for criminal acts against the governors for not opening fast enough.

The op-eds subtitle notes: Federal law bans advocating the overthrow of government.

Theres a lot more, but she sets up her argument well.

Liberate particularly when its declared by the chief executive of our republic isnt some sort of cheeky throwaway, McCord continues. Its definition is to set at liberty, specifically to free (something, such as a country) from domination by a foreign power. We historically associate it with the armed defeat of hostile forces during war, such as the liberation of Western Europe from Nazi Germanys control during World War II. Just over a year ago, Trump himself announced that the United States has liberated all ISIS-controlled territory in Syria and Iraq.'

In that context, its not at all unreasonable to consider Trumps tweets about liberation as at least tacit encouragement to citizens to take up arms against duly elected state officials of the party opposite his own, in response to sometimes unpopular but legally issued stay-at-home orders.

McCord also says and this is important for the naysaying MAGA KAGs in the back, we cant write these tweets off as just hyperbole or political banter.

And thats why these tweets arent protected free speech. Although generally advocating for the use of force or violation of law is protected (as hard to conceive as that may be when the statements are made by someone in a position of public trust, like the president of the United States), the Supreme Court has previously articulated that where such advocacy is inciting or producing imminent lawless action and is likely to incite or produce such action, it loses its First Amendment protection.

Read McCords entire op-ed here.

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Legal expert: Trumps liberate Tweets incite insurrection and thats illegal - AlterNet

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Lawmakers say Walz order is a violation of The First Amendment – KWLM (Willmar Radio)

Posted: at 7:02 pm

(Willmar MN-) One area lawmaker says he thinks Governor Tim Walz' Stay at Home order violates the First Amendment by closing churches. Minnesota Christians were forced to celebrate Easter Sunday at home, watching services on the internet or listening on the radio instead of attending at their places of worship. On Legislative Review Saturday, Representative Tim Miller of Prinsburg said the governor's Stay at Home order which caused churches to close their doors is a violation of the separation of church and state...

...Representative Dean Urdahl of Grove City said he's been told people attending drive-up church services from their cars have been threatened...

...Urdahl says the governor's decrees are directives, but they need to be made into law by statute in order to be enforceable. Urdahl says the current government reaction to Covid 19 has had unintended consequences, and there needs to be flexibility.

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