Archive for February, 2017

4 US States Consider Free Speech Laws To Fight Censorship and ‘Safe Spaces’ On Campus – Heat Street

Four US states are considering legislation that would ensure free speech on college campuses and prohibit universities fromshielding people from offensive and controversial ideas.

Most states were put on alert after the eruption of violence at the University of California, Berkeley, whereMilo Yiannopoulos was scheduled to give a speech.His event was cancelled over safety fears.

President Trump has put the issue of free speech on campus in the spotlight after hethreatened to withdraw federal funds from universities that dont honor the First Amendment rights.

Virginia

Earlier this week, the Virginias House of Delegates passed bill HB1301aimed at protecting freedom of speech on campus. The bill reaffirms that public colleges and universities in the state are covered by the First Amendment.

The full text of the law reads: Except as otherwise permitted by the First Amendment to the Constitution, no public institution of higher education shall abridge the freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.

House Democratic leader David Toscano celebrated the bill, saying:Any time we have the chance to support the First Amendment we should do that.

Its a good idea to celebrate the First Amendment. We want our campuses to be noisy, we want people to debate things, he added.

Colorado

In Colorado,the Senate Education Committee approved abill defending the constitutionally granted rights of Colorado students. The bill would prohibit governmentfunded colleges from restricting students First Amendment rights to free speech in any way. According to the draft of the bill, free speech includes speaking, distributing materials, or holding a sign.

The bill also requires convertingexisting so-called free speech zonesa campus phenomena where only at certain places students are able to exercise free speechinto monuments or memorials.

Free speech zones are counterintuitive to our core values, we should never falter in our defense of our constitutional rights or confine a free exchange of ideas, explained Senator Tim Neville, who introduced the bill.

Students on Colorado campuses are growing into the leaders of tomorrow, and restricting their fundamental rights as they seek out truth and knowledge is contrary to the American spirit as well as the mission of universities, he added.

North Dakota

North Dakota is also considering a bill to fight the onslaught of safe spaces and ensure the Constitution that guarantees free speech is protected in the states public universities.

Republican State Rep. Rick Becker sponsor of House Bill 1329, said the proposed legislation is aresponse to an attitude that free speech is not free speech at universities, where free expression is stifledby university policy.

There is an atmosphere of political correctness and social justice that will lead to safe spaces and this whole concept on every campus, hesaid. We have to put a stop to it now.

The bill would confirm free speech as a fundamental right and demand the governing body of the North Dakota University System to a ratify a policy of free speech.

The policy would require acommitment to free and open inquiry by students in all matters and outlaw any restrictions on speech, unless it violates other laws or disrupts the universitys functions.

It would also require tocontain a bill of student rights that would prohibitcolleges in North Dakota from subjecting students to any nonacademic punishment, discipline or censorship for exercising their free speech.

Becker cited the violence last week at the University of California, Berkeley during the protests againstMilo Yiannopoulos, claiming theres a growth of anti-speech rhetoric on college campuses.

North Carolina

The States Lieutenant Governor Dan Forest has announced his intention to work with the General Assembly to pass the Restore Campus Free Speech act, a law closely based onthe model campus free speech legislationthat would guarantee free speech at universities.

North Carolina will be the first state to use the model law by the Goldwater Institute think tank and turn it into an actual legislative proposal. AsHeat Streethas reported, the model proposalincludes a toughlegal regime to ensure free speech.

The law would prohibit colleges in North Carolina from banning speakers, creating safe spaces with the intention of shielding students from certain ideas and opinions, harsh sanctions for those limiting free speech including expulsion, and even a $1,000 fine if university violates free speech rights.

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4 US States Consider Free Speech Laws To Fight Censorship and 'Safe Spaces' On Campus - Heat Street

LOCAL ROUNDUP: Bluehawks take control in Patroon – Columbia … – The Register Star

HUDSON -- Behind a suffocating defense and a balanced scoring effort, the Hudson girls basketball team is back in the driver's seat in the race for the Patroon Conference championship.

The defending league champion Bluehawks avenged an early season loss to Maple Hill and regained sole possession of first place with a 62-43 victory over the Wildcats on Wednesday night.

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LOCAL ROUNDUP: Bluehawks take control in Patroon - Columbia ... - The Register Star

The rise and resilience of Black Lives Matter – The Nation.

A 2015 rally against police brutality in Newark. (A. Katz / Shutterstock, Inc.)

To many, the Black Lives Matter movement started in August 2014, when protests erupted in Ferguson, Missouri, after a white police officer shot and killed an unarmed black teenager. But while the movement coalesced around the street marches in Ferguson and then spread to places like Baltimore, Cleveland, and Chicago, the declaration that supplied its name was coined considerably earlier: in 2013, shortly after George Zimmerman was acquitted of murder in the death of Trayvon Martin.

On the day of Zimmermans acquittal, a Bay Area activist by the name of Alicia Garza took to Facebook. I continue to be surprised at how little Black lives matter, she wrote. And I will continue that. [S]top giving up on black life. The death of Michael Brown in Ferguson may have been the national tipping point, the moment when Americans were jolted awake by this new rallying cry. But it was Garza and her fellow activists, Opal Tometi and Patrisse Cullors, who helped popularize the phrase as a hashtag on Twitter and Tumblr one year earlier. Movements often have these kinds of indeterminate beginningsseveral, at different moments in time, until they get everyones attentionand today, in fact, there are so many iterations of Black Lives Matter that it is perhaps most accurate to describe the protests not as a movement but as a set of movements, each with different locally based groups, and without a clear leader or group of leaders.

In his new book They Cant Kill Us All, Washington Post reporter Wesley Lowery sets out not only to track the latest developments in Black Lives Matter, but also to search for the movements deeper roots. For Lowery, although BLM protests originated with the recent police killings in the United Stateshis book takes its title from a sign spotted in Fergusonhe also wants us to recognize that the politics animating these protests have long been around. Lowery traces the movements origins to the hope of a postracial America that was symbolized by Barack Obamas election, and which has now proved to be little more than a phantasm of campaign rhetoric and political punditry. Having once hoped that the election of the first black president meant that the tide of race relations in America might begin to turn, many young black Americans were forced to face the realityby one high-profile police shooting after anotherthat living in a world in which theyre treated like their white contemporaries remains an impossibility.

The persistence of police violence against young black people, and the often-racist backlash that followed Obamas election, initiated this new generation into a cycle that has characterized Americas fraught racial history: A period of optimism born out of a spectacular political momentthe Emancipation Proclamation; Reconstruction; the civil-rights movement of the 1960sis then followed by a period of reaction and retrenchment. This narrative of youthful idealism followed by frustration and despair is the crux of Lowerys book, and he believes that the second half of this cycle is now in full swing. But while Black Lives Matter arose in a moment of disappointment and grief, it has for the past four years also helped to inaugurate a new era in the struggle for racial justice.

Wesley Lowery began his career on the metro beat at The Boston Globe. He mostly covered murders and street crime and also reported on the Boston Marathon bombings. But his ambition was to cover national politics, and when he moved to The Washington Post, he set his sights on the 2016 presidential race.

Lowerys beat shifted, though, shortly after Browns death and the protests that followed. The Post sent him to Ferguson; he got arrested even while brandishing a press pass, and soon found a new beat: police brutality and the protests that were emerging in its wake. Not since the Boston Marathon bombings a year and a half earlier had I covered a story for which there was such intense, immediate appetite, he writes, later adding: Police shootings arent uncommon, and as a reporter who is professionally acquainted with hundreds of other reporters, images of an angry vigil of grieving residents werent particularly out of place in my social media feeds. But even in those early posts, Mike Browns death just felt different. The crowds gathered near this young mans body emanated a guttural anguish. It was clear even then, for those paying attention, that this communal anger would not be easily muted or contained.

They Cant Kill Us All is the outcome of Lowerys past two years covering this anguish. He spends the first three-quarters of his book focused on several high-profile police killings: Brown in Ferguson; Tamir Rice in Cleveland; Walter Scott in North Charleston, South Carolina; and Freddie Gray in Baltimore. But while his book is ostensibly about these deaths and the local protests that they inspired, Lowery also has larger ambitions, ranging widely across race relations and racial violence in the United States, including the slaying of nine black churchgoers in Charleston, South Carolina, by a young white man; the removal of the Confederate flag at the South Carolina statehouse by an African- American woman named Bree Newsome; and the emergence of a national movement, or set of movements, responding to the call to arms of Black Lives Matter.

Lowery insists that the story of Black Lives Matters roots and intentions is often misunderstood at best and, at worst, purposefully muddied in order to discredit the movement and its leaders. Conservative talking heads have likened BLM and the young black people protesting police brutality to the Ku Klux Klan, arguing that the protesters are perpetuating violence against the police and, more broadly, against white people. Liberal pundits have also been guilty of misrepresenting the movement, seeking to link it to the Democratseven though many of its leaders have made it clear that BLM isnt tied to any political party.

Lowerys book therefore tries to offer a corrective: Movements often have many different origin stories, and his careful behind-the-scenes reporting offers insight into how the various grassroots campaigns converged into what is now often referred to as a single protest movement. He also wants us to discard whatever preconceived notions we have about Black Lives Matter and learn about the nuances and complexities involved in the making of a movement. What happened in Ferguson, Cleveland, and other cities wasnt anything new; it was just slowly being unveiled to the rest of the public. For centuries, black people in America have struggled for equality, and Black Lives Matter is yet another extension of that struggle. In fact, as BLM has emerged as a national movement, it has become linked with many other issues related to racial justice, from voting rights and mass incarceration to economic inequality and barriers to health care and educationall issues that concern the broader American left.

Many mainstream-media outlets have missed this larger context. Instead of trying to understand how the protests in St. Louis or Baltimore are linked to a much longer history of political struggle, journalists often descend on these cities to get a sensational photo or to break breathless news reports about the confrontations between police and protesters. Rather than looking at the long-standing patterns of police harassment or examining the ways in which these municipalities rely on the frequent ticketing of their black citizens for funds, many newspapers have run stories that indict the victims of police violence, not the officers who killed them or the larger system in which they operate. And by focusing on the character of the victim, Lowery writes, we inadvertently take the focus off the powerful and instead train our eyes and judgment on the powerless.

Lowery also takes the media to task for overstating the importance of their role in social movements. Its true that without journalists covering the civil-rights movement, many Americans might not have been persuaded of the justness of its cause. But Lowery believes that reporters often exaggerate their influence on the shaping of social movements.

One can hear a bit of self-criticism here as well. After all, Lowery is himself a journalist who hopes that his reporting may help provide a fairer and more accurate account of Black Lives Matter. In this way, these critical asides come not from a frustrated outsider, but from a respected mainstream journalist attempting to change the way his colleagues report on the movement as a whole.

The book tells a bleak story, but Lowery concludes on a relatively optimistic note. Although the nations future looks uncertain and there is much work left to do, in the end, he insists, both the rallying cry and the activism of Black Lives Matter will endure. (Of course, Lowery wrote his book before the election of Donald Trump, so he can be forgiven for not adopting a more ominous tone.) And by certain measures, the movement has been a notable success: BLM protests have been able to put and keep the issue of police brutality at the forefront of the national conversation; the movement has forced politicians to begin to speak the language of Black Lives Matter; and because of public pressure in the wake of Ferguson and Baltimore, a small number of police officers have been charged with shooting unarmed citizens.

But the police killings of unarmed black Americans continue. Each new shooting has seemed like a turning point to activists, an incident far too egregious to be ignored. But almost all of the high-profile police killings have led neither to prison sentences nor reforms. In South Carolina, Michael Slager, the white cop who shot an unarmed and fleeing Walter Scott in the back, was tried for murder, but the jurors couldnt reach a verdict and the judge was forced to declare a mistrial, allowing Slager to be released pending a new trial. A few months after Scott was killed, University of Cincinnati Police Officer Ray Tensing fatally shot Sam DuBose after pulling him over for a missing license platebut, as in the case of Scotts killing, the jury deadlocked and a mistrial was declared.

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More cases in which justice will be delayed or denied are certainly on the horizon; for each gain in police reform, there will be another glaring example of why more is needed. The cycle between hope and despair today seems to be in overdrive; each morning we awake to a country that is simultaneously more disheartening and more hopeful than the day before. The election of a president who ran a xenophobic, race-baiting, and ethno-nationalist campaign will mean even greater accelerations, as new protest movements emerge, only to find the space for social change dramatically shrinking.

In this way, the new era for Americas racial-justice movement seems not unlike previous ones. In the 1960s, while black Americans often protested injustice and police brutality with rallies and marches, white Americans terrorized these mostly peaceful protests with threats and acts of vigilante violence that went ignored by the local authorities. Likewise, while politicians like John Kennedy and Lyndon Johnson helped usher in sweeping civil-rights reforms, they were followed by the likes of Richard Nixon, Barry Goldwater, and George Wallace, who responded to these reforms with the dog-whistle demonization of black people and anyone who stood with them. Plenty of Americans let their disdain for the civil-rights activists be known thenoften with the same kind of rhetoric and images used against Black Lives Matter.

Because hes a reporter first, Lowery writes much of They Cant Kill Us All in the evenhanded and straightforward register that one expects of contemporary reporting. But hints of emotion nonetheless break through. At one point, Lowery confesses that he was close to crying when he was assigned to fly out to North Charleston after Scotts death. I didnt want to get on this plane, he writes, I didnt want to spend days telling yet another story of a black man gunned down. But despite his growing sense of dread as he continues to report on the police shootings, Lowerys book is written mostly from a position of hope. While many of his peers have advanced a grimmer view when discussing the cycles of African-American history, Lowery finds a cause for optimism in our eras developing racial-justice movement. After the grand jury in Ferguson chose not to indict Officer Darren Wilson, many warned of rioting; instead, protesters took to the streets in droves to denounce this miscarriage of justice.

As we settle into the next four years of Trumps presidency, its hard to embrace fully Lowerys sense of hope and possibility. But the quiet optimism underlying his book is itself an act of protest in our dark times. As the Ferguson protesters, quoting Kendrick Lamar, insisted to Lowery: We gon be alright.

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The rise and resilience of Black Lives Matter - The Nation.

ACLU: Memo is ‘shocking’ – The Inter-Mountain

ELKINS A memorandum by former Elkins Police Chief Craig Cross that referred to drug dealers as cockroaches and urged officers to use force and intimidation tactics has not only divided the community, but it also has raised legal questions as to the status of cases moving through the court system.

Dozens of area residents came out in support of Cross Thursday on social media sites and in discussion throughout the community.

Despite the widespread backing, though, the legal ramifications of Cross memo have not fully materialized.

Joseph Cohen, the executive director of the American Civil Liberties Union of West Virginia, said the memo was a clear violation of the Fourth and Fifth amendments of the U.S. Constitution.

The Fourth Amendment guards against unreasonable searches and seizures of property and protects against arbitrary arrest. The Fifth amendment guarantees the right to a grand jury, forbids double jeopardy and protects against self-incrimination, as well as requiring due process of law.

The memo is absolutely shocking, Cohen said. It shows a police chief that totally disregards any concern for due process. It shows a department that is completely unconcerned with the constitutional limitations on searches and seizures. It shows a culture of dehumanizing people based on where they live or how they dress.

To the Elkins Police Department, suspects are not human. They are cockroaches, Cohen added. The chief encouraged the use of violence to intimidate and harass people. Why would anyone in Elkins have faith in the criminal justice system? The police department clearly was not an impartial arbiter of the law.

In the memo, Cross who declined comment for this report wrote, in part, If you see any suspected cockroach walking around OUR town with a big a knife or backpack or hoodie on with the hood up I want them stopped and identified, you know what I want them harassed if you know they are a cockroach. I want people stopped and checked out! PUT THE FEAR BACK INTO THESE COCKROACHES! Stomp cockroach a if needed! YOUR (sic) COPS AND AS LONG AS YOU WEAR THAT PATCH ON YOUR SHOULDER THIS IS YOUR TOWN! WE WILL EITHER MAKE PEOPLE RESPECT US OR FEAR US, PREFERRABLY BOTH!!!!

By issuing the memo, Cohen said Cross has put the city and county legal system in peril.

The chief not only would seem to have encouraged the violations of (the) rights of citizens, repeatedly, he also jeopardized any prosecutions that were handled under his leadership by flaunting the requirements of the Constitution, the state ACLU chief said.

West Virginia University professor of sociology Dr. Jim Nolan echoed Cohens sentiment that the memo caused great damage to the Elkins Police Department and to the citizens EPD is charged to protect.

This sort of sentiment, in the letter, is an element of dehumanizing people. Once dehumanized, it is easy to commit atrocities, Nolan said. This is what happens in terms of hate crimes. If you see others as non-human, it is easier to commit horrible and violent acts. Viewing them as cockroaches is not a good thing. It is a very disturbing memo in my mind.

Nolan, whose focus is on crime and social control, with an emphasis on neighborhood dynamics and police procedures, said the memo could serve as the proverbial slippery slope to a potential disaster.

In terms of the legal aspects, someone wearing a hoodie, its like the Trayvon Martin case, Nolan said. He had a hoodie on and George Zimmerman thought he looked suspicious, a struggle ensued and an unarmed Martin ends up dead. The reason he was stopped was probably because he looked like a cockroach with his hoodie up.

The WVU professor said, in community law enforcement, a deft hand is required and that police departments are not just there to lock up the bad guys.

Since 2014, police are looking for new ways of building trust and legitimacy, Nolan said. (Police) saying that they want them to fear us is extremely counterproductive. Trust, legitimacy, cohesiveness and a willingness to intervene, you dont build that by fear.

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ACLU: Memo is 'shocking' - The Inter-Mountain

What justifies killing someone in Georgia? – Columbus Ledger-Enquirer


Columbus Ledger-Enquirer
What justifies killing someone in Georgia?
Columbus Ledger-Enquirer
It made the news after George Zimmerman used it in his defense for fatally shooting Trayvon Martin in Florida on Feb. 26, 2012. In Georgia, the law says that if confronted with circumstances already cited as justifications for using deadly force, you ...

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What justifies killing someone in Georgia? - Columbus Ledger-Enquirer