Archive for the ‘First Amendment’ Category

Biden’s Nominee to Run the ATF Called the First Amendment a Frustration – America’s 1st Freedom

A U.S. Senate vote on President Joe Bidens (D) anti-gun nominee to run the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), David Chipman, is expected in the next few weeks. As the Democratic leadership tries to secure the votes to confirm Chipman, more and more keeps coming out on him.

Now, it turns out that Chipman also has disdain for the First Amendments protections of free speech.

In an interview discussing hate speech with the British Broadcasting Corporation (BBC) two years ago, Chipman spoke flippantly about the American right to free speech as protected by the First Amendment.

The frustration is in the United States, the freedom of speech and to say things largely cannot be regulated, he said during a BBC interview. But yes, we have to do more to monitor hate speech on the internet.

In the reference, Chipman was referring to law-enforcement personnel not being able to confiscate American citizens firearms based on statements they madewords that might be considered to be hate speech by some. Chipman actually thinks police officers should confiscate guns from citizens just because he doesnt approve of something they said.

Its likely that Chipman might say that he was taken out of context concerning this remark, just as he has done multiple times in the past when his outlandish statements have become public; this includes what he said during his U.S. Senate confirmation hearing. But now Chipman even insinuated that a law allowing the confiscation of guns purely based on what someone might say should be passed.

The FBI and other federal agencies have a tough job responding to these threats when they dontcurrently(emphasis added) have the authority to remove weaponry just because people are saying hateful things, he said.

Of course, the term hate speech can be defined in a wide variety of ways. This is one reason why Chipmans statement is so dangerous. One persons discussion of freedom and firearms could, for example, be deemed hate speech under an anti-gun, anti-freedom administration like the current one; after all, the Biden administration seems to be looking for any means to disarm Americas law-abiding gun owners.

Incidentally, in the same interview, Chipman showed hes not above playing petty, partisan politics when he gets his chance in the limelight. He also took the opportunity to throw a barb at then-President Donald Trump (R).

We have to do more to monitor hate speech on the internet, he said. But we also have to do more to curb that same speech being presented by our president and other elected public officials.

All of this, of course, is just one of many reasons why Chipman shouldnt be confirmed by the U.S. Senate, and why every American should contact their U.S. senators and let them know how strongly they feel about defeating Chipmans nomination. Its time for freedom-loving senators from both parties to stand up and say enough is enough by rejecting Chipman and asking President Joe Biden (D) to send them a more suitable nominee.

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Biden's Nominee to Run the ATF Called the First Amendment a Frustration - America's 1st Freedom

Citizens Insurance rate hike will be higher than first proposed – Florida Weekly

Customers of Citizens Property Insurance Corp. are getting a bigger rate hike than was initially proposed, due to a change in a state law that was partially blocked by a federal judge.

Citizens officials expressed disappointment in the July 11 ruling, in which Chief U.S. District Judge Mark Walker found that the new law, approved by legislators this spring, violated speech rights of roofing contractors.

But the Citizens board of directors took advantage of another part of the measure (SB 76) to approve new rate changes during a meeting on July 14.

These necessary adjustments reflect the efforts of the Florida Legislature to return Citizens to its role as a residual insurance company, Citizens Chairman Carlos Beruff said in a press release. Unfortunately, we have become the first choice, or only choice, in too many regions of the state.

Since October 2019, Citizens has seen its policy count jump from 420,000 to more than 640,000 and is now seeing increases of more 5,000 new policies per week. At this pace, company officials expect the policy count to exceed 750,000 by the end of 2021, the company reports on its website.

Described as a modification of increases previously approved in February, the changes mean the average rate increase for new and renewing policies after August 1 will be 5.2%, while renewals after Feb. 1 are going up 7.6%.

The increases vary by location and still require approval from the Office of Insurance Regulation.

The new statute, which went into effect July 1, in part altered a 2011 law that capped annual increases for Citizens customers at 10%, which means that many havent been paying actuarially sound rates.

The law, signed by Gov. Ron DeSantis last month, also allows Citizens to factor in additional reinsurance cost estimates when calculating rates.

Brandon-based Gale Force Roofing & Restoration LLC last month filed a lawsuit challenging the new statute, arguing that a provision prohibiting roofing contractors from advertising is unconstitutional.

Siding with the roofing company, Walker issued a preliminary injunction blocking portions of the law from being enforced. The judge found that the new law violates First Amendment rights by directly penalizing protected speech.

Walkers ruling focused on a part of the law that prevents contractors from soliciting homeowners to file insurance claims through a prohibited advertisement, which could include such things as emails, door hangers, flyers and pamphlets.

It is also clear that the threatened injuries to plaintiff from banning plaintiffs truthful commercial speech outweighs the states interest in preventing fraud, protecting consumers from exploitation, and stabilizing the insurance market, Walker wrote in the ruling.

Lawmakers passed the insurance measure on April 30 amid spiraling property insurance rates and insurers dropping policies in Florida.

Citizens President and CEO Barry Gilway said he was not surprised, but disappointed with Walkers ruling.

I understand the logic behind the order, Gilway said. But the bottom line was, in my opinion, the solicitation rate is being driven substantially by the solicitation, and aggressive solicitation of claims.

The new law also takes steps to limit attorney fees and reduces the time to file claims.

The statute is viewed as a second recent legislative victory for Citizens and the insurance industry.

In 2019, legislators placed restrictions on policyholders being able to sign over claims known as an assignment of benefits to contractors, who then pursue payment from insurers. Still, rates are going up and policies are speeding from private hands into the state-backed Citizens.

This years law raises Citizens 10% cap on annual premium increases by 1% a year over the next five years to make the state-backed insurers rates more competitive with private insurance coverage.

The law also requires Citizens to factor into its rates the reinsurance costs necessary to protect its surplus from a 1-in-100-year storm and steers policyholders to private insurance carriers if a private policy premium is within 20% of a comparable Citizens policy premium.

Citizens officials noted that state lawmakers could address Walkers ruling during the 2022 legislative session that begins in January.

However, they acknowledged that any positive signs other parts of the law are working as intended may not be noticeable until later in 2022.

I know well have data, hopefully in the next year or so, to really understand the impact of that on the incoming barrage of litigation that we see, said Christine Ashburn, Citizens chief of communications, legislative and external affairs.

In the lawsuit, Gale Force Roofing and Restoration said it advertises to homeowners to contact the company for inspections of storm damage to roofs.

Plaintiff (Gale Force Roofing and Restoration) will then truthfully convey to homeowners the nature and extent of the damage, the lawsuit said. Plaintiff will then encourage homeowners to contact their insurance company to make a claim under their residential insurance policy and execute a contract with plaintiff to assign the benefits available under the homeowners insurance policy to plaintiff.

Gale Force argued that the law chills its First Amendment rights because it forces the company to stop its written advertising that encourages consumers to contact it for the purpose of filing an insurance claim for roof damage.

The company also argued that the new law is more about reducing insurance claims than preventing fraud, saying the statute serves as a thinly veiled attempt to keep homeowners from getting outside help in making valid insurance claims for home repairs.

The bills supporters and insurance-industry officials, however, argued that questionable, if not fraudulent, roof-damage claims have played a major role in driving up costs.

In court documents, attorneys representing the state disputed that the laws restrictions violate First Amendment rights, arguing that the prohibited advertisement provision should be considered a reasonable restriction on commercial speech combating consumer exploitation and fraud.

But Walker disagreed.

While the state has the right to regulate contractors and protect Floridians from fraud, Walker wrote in the order, it must do so within the bounds set by the Constitution.

Here, the Legislature failed to do so accordingly, the judge added.

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Citizens Insurance rate hike will be higher than first proposed - Florida Weekly

First bill filed for 2022 Session would criminalize harassing police – Florida Politics

After Republicans prioritized a bill this year cracking down on riots, at least one lawmaker wants to penalize people who harass police officers.

Hialeah Republican Rep.Alex Rizo filed a measure (HB 11) Monday that would prohibit people from provoking or harassing law enforcement officers or impeding their duties. That bill is the first bill filed ahead for the 2022 Legislative Session, which begins in January.

The bill would criminalize approaching a police officer after being warned not to if the offender does so with the intent to disrupt the officers duties. People would also break the law if they approached to harass or provoke a physical response from the officer.

The offense would apply to people approaching or remaining within 30 feet of an officer after receiving a warning.

Breaking the law would be a second-degree misdemeanor, punishable by a $500 fine or up to 60 days in prison.

A person would break the law if they approached the officer or stood their ground with the intent to disrupt the officers duties, provoke a physical response from them or harass them.

The bill would take effect on Oct. 1, 2022.

Gov.Ron DeSantis this year signed legislation stiffening penalties against violent protesters, including those committing mob intimidation. The Governor and Republicans proposed that measure in September, after a summer of Black Lives Matter protests. However, they didnt file it till the day of the U.S. Capitol riots.

The measure was one of the 2021 Sessions most contentious issues, with all Republicans but one Sen. JeffBrandes supporting it and all Democrats opposed. In May, a coalition of groups, including the Florida branch of the NAACP, filed a lawsuit challenging the anti-riot bill for targeting speech protected under the First Amendment.

A bill prohibiting people from harassing police officers would likely draw similar First Amendment questions.

Before the Legislative Session begins on Jan. 11, the House and Senate will hold six weeks of committee meetings beginning in September. That period gives lawmakers a head start on priority legislation.

Together with Zephyrhills Republican Sen. Danny Burgess, Rizo filed an identical version of HB 11 for the 2021 Session. That measure was never scheduled for a hearing. However, it received support from Fleming Island Rep. Sam Garrison, a fellow freshman Republican who is now in line to be House Speaker in 2026.

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First bill filed for 2022 Session would criminalize harassing police - Florida Politics

State Department: We reject the BDS movement, which singles out Israel – The Jerusalem Post

Ned Price, US State Department spokesman, said on Tuesday that the US administration firmly reject[s] the BDS movement, which unfairly singles out Israel.In a press briefing, Price was asked about the decision of ice cream company Ben & Jerrys to boycott West Bank settlements and Jewish neighborhoods in east Jerusalem by refusing to sell its products in those areas.I dont have a reaction to offer regarding the actions of a private company, he said, adding that he would let this company speak for itself.But more broadly, what I will say is that we firmly reject the [Boycott, Divestment and Sanctions] movement, which unfairly singles out Israel, said Price.He went on to say that while the Biden-Harris administration will fully and always respect the First Amendment rights of our citizens, of the American people, the United States will be a strong partner in fighting efforts around the world that potentially seek to delegitimize Israel and will work tirelessly to support Israels further integration into the international community.The BDS movement unfairly singles out Israel, he continued. We will, consistent with the First Amendment rights of the American people, always work to be a strong partner to Israel and work with Israel to counter efforts to delegitimize it around the world, just as we work with our partner Israel to further its economic prosperity.Earlier on Tuesday, Rep. Lee Zeldin condemned Ben & Jerrys and its parent company, Unilever.The decision by Unilever and Ben & Jerrys to target hundreds of thousands of Jewish customers abroad with this discriminatory boycott is a disgrace and a direct embrace of the anti-Israel BDS movement, he said in a statement. New York State must now follow the 2016 Executive Order that prohibits state agencies from conducting business with institutions or companies that promote BDS, and requires the OGS Commissioner to maintain and update a list of entities participating in BDS.Both Ben & Jerrys and Unilever need to be immediately added to the OGS list, and the state needs to end any current business and suspend any future business with either company. Our state needs to follow its self-imposed standards, lead by example, and stand up to this anti-Israel and anti-Jewish discrimination, Zeldin said.

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State Department: We reject the BDS movement, which singles out Israel - The Jerusalem Post

NU athletes sign petition to keep critical race theory in classroom – KETV Omaha

There's pushback on a proposed resolution that condemns the teaching of critical race theory at the University of Nebraska. Two petitions have popped up online in opposition. One introduced by #WeAreOne Nebraska has gathered 1,500 signatures since Monday.Five hundred of those signatures are from current NU athletes such as Sadio Fenner. "You're taking away an opportunity to learn and to grow as a person because you don't grow without having the conversations that I think critical race theory invites in the classroom," Fenner said.The senior cross country runner from Colorado formed the Minority Student-Athlete Collective two years ago. His group teamed up with other advocacy groups to support critical race theory and explain how it promotes inclusiveness. "It's really just welcoming conversations about how our history as a country has built in some systemic racism at times and really oppressed minorities in this country," said Daniel Pearson, a former NU golfer and co-founder of United College Athlete Advocates.However, NU Regent and Republican candidate for governor, Jim Pillen disagrees.The resolution he introduced says critical race theory doesn't promote inclusive and honest dialogue and education on campus. And its proponents seek to silence opposing views and disparage important American ideals.In a statement to KETV Newswatch 7, Pillen said, "Our citizens expect that their values will be upheld by the University. The imposition of critical race theory on our students runs counter to those ideals by attempting to silence their dissenting opinions. This resolution affirms a fair and balanced dialogue on all issues."Gov. Pete Ricketts praised Pillen for his resolution.He has been critical of CRT in many of his recent speeches."This not something that should be taught in schools because it undermines the foundation of our country," Ricketts told KETV Newswatch 7 in June.UNL's Faculty Senate has already voiced opposition to Pillen's resolution and ACLU Nebraska is also opposed. It has its own petition."It could definitely be a First Amendment violation," said ACLU Legal and Policy Counsel Rose Godinez.Fenner is also concerned about the chilling effect it could have in recruiting students and athletes."There is no place like Nebraska. There is a lot of opportunities here but if you take away the opportunity to grow from conversations stemming around critical race theory it hurts a lot of people," Fenner said.Ricketts' Director of Strategic Communications Taylor Gage said:Some have missed the point of what the Board of Regents is doing: The resolution seeks to protect the freedom of speech on college campuses of students who oppose critical race theory. By definition, CRT pits people against each other, and when its applied it shuts down free speech. The UCAA is a liberal advocacy organization, and media outlets need to be careful about how they frame petitions generated by powerful political interest groups.

There's pushback on a proposed resolution that condemns the teaching of critical race theory at the University of Nebraska.

Two petitions have popped up online in opposition. One introduced by #WeAreOne Nebraska has gathered 1,500 signatures since Monday.

Five hundred of those signatures are from current NU athletes such as Sadio Fenner.

"You're taking away an opportunity to learn and to grow as a person because you don't grow without having the conversations that I think critical race theory invites in the classroom," Fenner said.

The senior cross country runner from Colorado formed the Minority Student-Athlete Collective two years ago.

His group teamed up with other advocacy groups to support critical race theory and explain how it promotes inclusiveness.

"It's really just welcoming conversations about how our history as a country has built in some systemic racism at times and really oppressed minorities in this country," said Daniel Pearson, a former NU golfer and co-founder of United College Athlete Advocates.

However, NU Regent and Republican candidate for governor, Jim Pillen disagrees.

The resolution he introduced says critical race theory doesn't promote inclusive and honest dialogue and education on campus. And its proponents seek to silence opposing views and disparage important American ideals.

In a statement to KETV Newswatch 7, Pillen said, "Our citizens expect that their values will be upheld by the University. The imposition of critical race theory on our students runs counter to those ideals by attempting to silence their dissenting opinions. This resolution affirms a fair and balanced dialogue on all issues."

Gov. Pete Ricketts praised Pillen for his resolution.

He has been critical of CRT in many of his recent speeches.

"This not something that should be taught in schools because it undermines the foundation of our country," Ricketts told KETV Newswatch 7 in June.

UNL's Faculty Senate has already voiced opposition to Pillen's resolution and ACLU Nebraska is also opposed. It has its own petition.

"It could definitely be a First Amendment violation," said ACLU Legal and Policy Counsel Rose Godinez.

Fenner is also concerned about the chilling effect it could have in recruiting students and athletes.

"There is no place like Nebraska. There is a lot of opportunities here but if you take away the opportunity to grow from conversations stemming around critical race theory it hurts a lot of people," Fenner said.

Ricketts' Director of Strategic Communications Taylor Gage said:

Some have missed the point of what the Board of Regents is doing: The resolution seeks to protect the freedom of speech on college campuses of students who oppose critical race theory. By definition, CRT pits people against each other, and when its applied it shuts down free speech. The UCAA is a liberal advocacy organization, and media outlets need to be careful about how they frame petitions generated by powerful political interest groups.

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NU athletes sign petition to keep critical race theory in classroom - KETV Omaha