Archive for the ‘First Amendment’ Category

Where is America’s backbone? | Letters To The Editor – Cumberland Times-News

Perhaps some additional information will lead readers to a more realistic conclusion than that presented by Carolyn Weigle (See: Dont put others in harms way, April 15 Times-News).

The directives by all officials are totally illegal, as they take away our First Amendment right to assemble and our 14th Amendment right to due process we shall not be deprived of our life, liberty or property without due process.

So, the several million Christians who did not defy those illegal directives, were surrendering to the authority even though they should have defiled it.

Our walk away from theLord is resulting in our suffering and this pandemic is quite clearly stated in the Bible, in Luke 21:11. (and other places in the Bible). The Bible is theword of God and also a history book.

Simple looking back in history will prove that. A pandemic is a contagious disease which is worldwide and often fatal. You or I will not avoid it whether we stay at home or work or hide under the bed. It touches the just and the unjust. Not all even know they had it.

Looking back on the history of the U.S. Constitution, never, has any government official attempted to take away our First Amendment right to assemble or our 14th Amendment rightthat says life, liberty and property shall not be taken without due process of law.

Yesteryear, any attempt would have resulted in an immediate revolution. Today, we have had all of our rights provided by the Constitution taken without a bit of question.

We have surrendered our freedom. Now, looking back on history of the world, never has any country been shut down due to a pandemic, although millions died. Thousands of people will die now, with or without the shutdown. Lifting the totally unconstitutional shutdown will not stop you or me from the virus.

Many doctors are showing the cause of death as the virus, when actually many are dying from heart, cancer or other causes. They lie because the hospital gets a higher payment if it shows coronavirus. You gain profit from lying. Does that scare you, that our country isOK with lying and fraud?

When we distance from the Lord, we pay the consequences. The additional problem is our acceptance of an illegal directive.

What happened to our bravery, our fortitude, our American way? Our once great country was not built on fear. What happened? It happened because we are complacent, willing to surrender to total control of government without a touch of due process. We are now slaves and no one even protests.

Christians are willing to give up church attendance so easily. Where is the backbone of America?

We have told ourLord that we do not need him. He is responding by lifting his hand and blessing from us.

Only if we, as a country, will humble ourselves, pray, seek his face, and turn from our wicked ways, will he hear from heaven and heal our land.

The decision is yours America. Change or continue to submit to oppression without even a protest.

If you disagree, email me: tedoyle@iceweb.net.

Thomas E. Doyle

Oakland

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Where is America's backbone? | Letters To The Editor - Cumberland Times-News

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

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

Why a ruling in Kesha’s legal fight with ‘Dr. Luke’ harms #MeToo, journalists – Reporters Committee for Freedom of the Press

In February, a New York trial court dealt a blow to pop music star Kesha, ruling that the American music producer she has accused of misconduct is not a public figure.

The producer, Lukasz Gottwald, aka Dr. Luke, claims that Kesha made statements falsely accusing him of sexual assault, serious allegations he says harmed his reputation. The courts ruling increases the likelihood that Dr. Luke will prevail in his defamation lawsuit, but the significance of the pre-trial decision not to categorize Dr. Luke as a public figure stretches far beyond the high-profile legal spat between Kesha and her former producer.

The ruling could have a chilling effect on women who speak out against alleged abuse in the wake of the #MeToo movement, and it has troubling implications for journalists seeking to hold the wealthy and powerful accountable, according to a friend-of-the-court brief filed last week by a 17-member media coalition led by the Reporters Committee for Freedom of the Press.

The media coalition filed the brief with a New York appeals court, where Kesha is challenging the trial courts decision. The brief argues that Dr. Luke is a public figure, meaning he must satisfy a higher burden of proof than a private figure to succeed in his defamation claim against Kesha.

Dr. Luke is a tremendously successful, important, and powerful music producer, said Eugene Volokh, a UCLA law professor who supervises the First Amendment Clinic at the UCLA School of Law, which represented the media coalition with the help of law firm Holwell Shuster & Goldberg LLP. Its important that everyone both reporters and other professionals, such as Kesha be able to discuss allegations against powerful people like that, with the protections against libel lawsuits provided by public-figure precedents such as New York Times v. Sullivan.

New York Times v. Sullivan, a landmark case decided by the U.S. Supreme Court in 1964, recognized whats known as the actual malice standard, which requires public officials, such as governors or other policymakers, and public figures, such as famous artists or athletes, who sue for defamation to prove that the allegedly defamatory statement was made with knowledge that it was false or with reckless disregard for the truth. This standard makes it more difficult for public officials and public figures to prevail on defamation claims, compared to private figures.

The media coalitions brief, which urges the appeals court to reverse the ruling, stresses that categorizing Dr. Luke as a private figure could have serious implications for members of the news media. It points out the investigative reporting that has uncovered misconduct by influential men, including in the media industry, made possible by sources speaking on the record about purported mistreatment of women.

Just as much as this courts decision could silence women who seek to speak out against alleged abuses, it undercuts journalists ability to hold people in power to account, said Reporters Committee staff attorney Caitlin Vogus. Its vital to ensure the law protects the press from lawsuits that could otherwise chill reporting on important public figures with significant influence on our culture and society.

Kesha and Dr. Luke have been battling each other in court since 2014, when the singer sued the producer, claiming that he sexually and physically abused her, and that his manipulation was the cause of her eating disorder.

Kesha sought to void the contracts that kept her career entangled in his sphere of influence. On the same day, Dr. Luke countersued for defamation and breach-of-contract. His representatives cast Keshas allegations as a campaign of publishing outrageous and untrue statements against the producer.

The New York trial courts recent decision concerns statements made about Dr. Luke in various legal filings, as well as public statements made by Kesha, her lawyer, her PR firm, her mother and a supportive fan.

One of Keshas text messages also figures heavily in Dr. Lukes defamation claim. In February 2016, Kesha sent a text to pop star Lady Gaga, expressing frustration that fellow singer Katy Perry had not come forward with her own allegations against Dr. Luke. [S]he was raped by the same man, the message reads. (In a deposition, Perry denied that Dr. Luke raped her.)

In its decision addressing one part of the legal dispute, the court concluded that Dr. Luke is not a public figure because the public has not recognized him as a household name, even if he is known in the music industry. Further, the trial court found, Dr. Luke does not fall into even the limited purpose category of public figures, since he never injected himself into the public debate about sexual assault or abuse of artists in the entertainment industry.

The trial courts decision that Dr. Luke is a private figure sharply increases the likelihood that he will prevail on his libel claim against Kesha. Thats because its much easier for private figures to prove that someone defamed them.

Defamation an umbrella term that includes libel for written words, and also slander for spoken language occurs when false statements are made about a person that cause harm to his or her reputation.

As the courts ruling explains, public figures have a more expansive communications platform than private figures, through social media, access to news outlets, and more. Moreover, public figures who step into the public spotlight are inherently subject to a higher level of critique.

To account for this difference, American courts have different standards of fault for private and public figures. If a private figure sues someone for defamation, he or she usually only has to show that the person making the allegedly false statement acted negligently or didnt do their homework, so to speak.

If a public figure brings the same lawsuit, however, he or she must prove that the person knowingly made false statements or that the person acted with a reckless disregard for the truth. Without proof of knowing falsity or reckless disregard, a public figure cannot prevail on a defamation claim.

Under the higher standard of fault for public figures, in other words, Dr. Lukes claim against Kesha would be much more difficult to prove.

Under common law, which is created by judges rulings rather than statutes passed by legislatures, public figures are people who receive extensive press coverage, who have broad name-recognition, and who voluntarily seek the public spotlight.

In 2012, Dr. Luke had more than 200,000 Twitter followers. By 2013, the media coalitions brief notes, Dr. Luke had written 40 hit songs, 16 of which topped the Billboard Hot 100 chart. By October 2014, when he filed his defamation claim, Dr. Lukes success as a music producer had landed his name in headlines 40 times and in news articles 727 times across 63 major publications; he had also received four Grammy nominations.

Through illuminating his close relationships with stars in the industry Britney Spears, Katy Perry, Miley Cyrus, Pink, Kelly Clarkson, and Kesha Dr. Luke encouraged the press portrayal of him as a pop stars best friend, painting a portrait of a well-connected man who had successfully influenced young artists careers. Dr. Luke promoted his artists and therefore his brand through social media, and by hiring a PR firm to help expand his influence, according to court documents.

The producer sought the spotlight to further his career in the entertainment industry, and attained it. Moreover, Dr. Luke injected himself into a public debate about how business executives treat their artists by making many social media posts revealing his personal relationships with the artists whose careers he oversees and controls. As a result, he is no longer entitled to protections afforded to private members of society.

To find otherwise, the media coalition argues, paves the way for a new class of well-known, well-connected, and wealthy people to stymie free speech without the protections that the First Amendment requires in cases such as this.

The Reporters Committee regularly files friend-of-the-court briefs and its attorneys represent journalists and news organizations pro bono in court cases that involve First Amendment freedoms, the newsgathering rights of journalists and access to public information. Stay up-to-date on our work by signing up for our monthly newsletter and following us on Twitter or Instagram.

Photo of Kesha by Mary Altaffer / Associated Press

Photo of Dr. Luke by Charles Lee

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Why a ruling in Kesha's legal fight with 'Dr. Luke' harms #MeToo, journalists - Reporters Committee for Freedom of the Press

COVID-19 Didn’t Permit Government To Do Anything It Wants To Churches – The Federalist

COVID-19 has touched every aspect of our lives, and our religious freedom is no exception.As the world deals with this pandemic, churches are finding creative solutions to minister to people in crisis. Yet too often they face unsympathetic or even hostile government officials, intent on needlessly shutting down their efforts.

Take Greenville, Mississippi, for example. During Holy Week, Temple Baptist Church found itself in the national spotlight after it invited congregants to safely gather and pray together, drive-in style, with congregants staying inside their cars.

Thats why my colleagues and I at Alliance Defending Freedomfiled a lawsuit in federal court on Good Friday on behalf of Temple Baptist. Eight uniformed Greenville police officers went to a Wednesday night church service and ticketed church members $500 apiece for attending a drive-in service that complied with state safety and Centers for Disease Control and Prevention guidelines.

In response to the lawsuit, the city refrained from ticketing congregants on Easter Sunday. But then on Monday, the mayor held a press conference and said that while the citations issued to Temple Baptist congregants would be dropped, Greenvilles unconstitutional ban on drive-in church services would remain in full force against future services.

But the First Amendment is not so easily ignored. ADF hasasked the court for a temporary restraining order, and theU.S. government has filed a statement of interestin the case in support of the church. A different federal courtcalleda similar ban in Louisville, Kentucky, stunning and beyond all reason unconstitutional.

Churches play an important role in providing both spiritual and physical support during challenging times, such as this pandemic. The whole point of conducting a drive-in church service is to provide this support while protecting individuals health and safety. That is why Temple Baptist instructed congregants not to leave their cars or access the church building for any reason.

Yet in Greenville, you can park at a drive-in restaurant with your windows wide open, but you cant park in a church parking lot with your windows closed to attend a church service. Thats nonsensical and unconstitutional.

Government restrictions on First Amendment freedoms must serve both a compelling government interest and do so in the least restrictive means possible. As the U.S. Department of Justice notes in itsstatement of interest, it is unclear why prohibiting these services is the least restrictive means of protecting public health, especially if, as alleged in the complaint, the city allows other conduct that would appear to pose equal if not greater risks.

Such restrictions must also be neutral toward religion and apply equally to everyone. Again, the DOJ said: In addition to appearing non-neutral, the churchs allegations also tend to show that the citys emergency actions are not applied in a generally applicable manner. The church alleges facts tending to show that conduct is being permitted for various secular reasons when equivalent conduct is being forbidden to churches holding drive-in services.

Unfortunately, these situations, as surprising as they are, are not isolated. Every day, ADF receives dozens of inquiries related to COVID-19. In most of these instances, authorities have been quick to respond the right way, fixing their mistakes and finding a better way forward. Every time this happens, everyone wins. During this time, we need spirits of cooperation, not division and political posturing. The Constitution doesnt prevent good policies; it ensures better ones.

Sadly, in North Carolina, government officials in bothCharlotteandGreensboro used COVID-19-related orders as an excuse to unconstitutionally silence disfavored religious and political speech. Representatives of Love Life and Cities4Life, the organization led by David Benham, were arrested for praying outside open abortion clinics, even though both nonprofit groups are considered exempt service organizations under applicable Wuhan virus-related orders orders the groups heeded, including staying at least six feet apart at all times.

These cases underscore the need for balance in times of crisis. We can prioritize the health and safety of ourselves and our neighbors without harming churches and people of faith. Banning church services and arresting pro-life citizens isnt about public health and safety, its about some government officials silencing speakers they dont like. The First Amendment rejects that kind of religious targeting, no matter the excuse.

In this time of uncertainty, churches and people of faith should continue to seek creative ways to worship, as well as to love and serve their communities. At the same time, governments should protect health and public safety while also respecting the faith-based needs of their churchgoing citizens. Thats a constitutional approach that helps everyone.

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COVID-19 Didn't Permit Government To Do Anything It Wants To Churches - The Federalist

Wisconsin governor extends Safer at Home order; schools closed for rest of year – WBAY

MADISON, Wis. (WBAY) - Wisconsin Gov. Tony Evers has extended the Safer at Home order to May 26.

The order issued in response to the coronavirus outbreak was set to expire on April 24 in Wisconsin. On Thursday, the governor announced another month of Safer at Home, which restricts non-essential business and travel in the state.

CLICK HERE to read the Safer at Home order.

The extension means public and private K-12 schools will be closed for the rest of the year.

A few weeks ago, we had a pretty grim outlook for what COVID-19 could mean for our state, but because of the efforts of all of you, Safer at Home is working. That said, we aren't out of the woods just yet, said Gov. Evers.

The governor and state health officials say more needs to happen before the state can safely transition back to normal or it could ignite a new wave of infections. They specifically mentioned the need to develop a treatment and vaccine for the coronavirus and get more public testing.

"We are still not testing enough to facilitate the kind of contact tracing we'll need to do moving forward or know the true prevalence of COVID-19 in Wisconsin. We need a clearer picture of the situation, and the only way to take that picture is further scale up our testing capacity," DHS Secretary-designee Andrea Palm said.

As I've said all along, we are going to rely on the science and public health experts to guide us through this challenge. So, as we extend Safer at Home, I need all of you to continue doing the good work you've been doing so we can keep our families, our neighbors, and our communities safe, and get through this storm together, Gov. Evers said.

Assembly GOP lawmakers say they are frustrated with the Governor's order and lack of a recovery plan.

"The governor cant just keep extending the date, waiting for some new knowledge to appear. We need to hear from the economic and medical experts who support his continuation of the order as appropriate for Wisconsin's circumstances and not from more politicians," said Assembly Speaker Robin Vos (R-Rochester) and Majority Leader Jim Steineke (R-Kaukauna) in a joint statement on Thursday.

Protests are planned in Madison and other parts of the state by groups that want businesses reopened and the state to stop requiring healthy people to stay home. During a state health briefing Thursday afternoon, the governor said these groups have First Amendment rights to protest, but added he hopes protesters keep a safe physical distance from each other. He said if people ignore the Safer at Home order, the longer the public health threat remains and the longer Safer at Home needs to stay in place.

Gov. Evers said restarting the economy "isn't like flipping a switch, it's turning a dial."

The governor is allowing some businesses and operations to allow increased service. This includes:

Public libraries: Public libraries may now provide curb-side pick-up of books and other library materials.

Golf Courses: Golf courses may open again, with restrictions including scheduling and paying for tee times online or by phone only. Clubhouses and pro shops must remain closed.

Non-essential Businesses: Non-essential businesses will now be able to do more things as Minimum Basic Operations, including deliveries, mailings, and curb-side pick-up. Non-essential businesses must notify workers of whether they are necessary for the Minimum Basic Operations.

Arts and Crafts Stores: Arts and craft stores may offer expanded curb-side pick-up of materials necessary to make face masks or other personal protective equipment (PPE).

Aesthetic or Optional Exterior Work: Aesthetic or optional exterior lawn care or construction is now allowed under the extended order, so long as it can be done by one person.

The governor has also ordered safety practices for essential business:

Safe Business Practices for Essential Businesses and Operations: Essential Businesses and Operations must increase cleaning and disinfection practices, ensure that only necessary workers are present, and adopt policies to prevent workers exposed to COVID-19 or symptomatic workers from coming to work.

Safe Business Practices for Retailers that Essential Businesses and Operations: Retail stores that remain open to the public as Essential Businesses and Operations must limit the number of people in the store at one time, must provide proper spacing for people waiting to enter, and large stores must offer at least two hours per week of dedicated shopping time for vulnerable populations.

Supply Chain: Essential Businesses and Operations that are essential because they supply, manufacture, or distribute goods and services to other Essential Businesses and Operations can only continue operations that are necessary to those businesses they supply. All other operations must continue as Minimum Basic Operations.

The initial Safer at Home order was enacted on March 25. The governor's administration says at that time, Wisconsin was projected to have between 440 and 1,500 deaths from COVID-19 by April 8. When that date came around, the state had 99 deaths.

Since the Safer at Home order was issued, the state has seen a decrease in exponential growth in the number of coronavirus cases, according to Gov. Evers.

CLICK HERE to track the virus in Wisconsin.

Before we lift Safer at Home, the steps of testing and more robust public health measures must be in place, said Department of Health Services Secretary-designee Andrea Palm. These steps will help us reduce the risk of a second wave of the virus. If we open up too soon, we risk overwhelming our hospitals and requiring more drastic physical distancing measures again.

Shortly after Gov. Evers made his announcement, President Donald Trump tweeted that he was going to hold a news conference at 5 p.m. Central to "explain guidelines for OPENING UP AMERICA AGAIN!"

On Thursday, Midwest governors came together to announce a partnership to reopen the regional economy.

The Midwest governors are Gretchen Whitmer (MI), Mike DeWine (OH), Tony Evers (WI), Tim Walz (MN), JB Pritzker (IL), Eric Holcomb (IN), and Andy Beshear (KY).

Here is their statement:

Today, we are announcing that Michigan, Ohio, Wisconsin, Minnesota, Illinois, Indiana, and Kentucky will work in close coordination to reopen our economies in a way that prioritizes our workers health. We look forward to working with experts and taking a fact-based, data-driven approach to reopening our economy in a way that protect families from the spread of COVID-19.

Our number one priority when analyzing when best to reopen our economy is the health and safety of our citizens. We will make decisions based on facts, science, and recommendations from experts in health care, business, labor, and education.

We will closely examine at least these four factors when determining when best to reopen our economy:

Sustained control of the rate of new infections and hospitalizations. Enhanced ability to test and trace. Sufficient health care capacity to handle resurgence. And best practices for social distancing in the workplace.

Phasing in sectors of our economy will be most effective when we work together as a region. This doesnt mean our economy will reopen all at once, or that every state will take the same steps at the same time. But close coordination will ensure we get this right. Over time, people will go back to work, restaurants will reopen, and things will go back to normal. We look forward to working together as one region to tackle this challenge together.

Spreading the disease

The coronavirus is spread when an infected person coughs, sneezes or breathes.

"These droplets can remain in the air and on surfaces for an extended period of time. When people breathe in (inhale) the droplets, or touch surfaces that have been contaminated and then touch their mouth, face, or eyes, the virus can make them sick," says the Wisconsin Department of Health Services.

People infected with the virus can develop the respiratory disease named COVID-19.

COVID-19 symptoms and prevention

Symptoms include fever, cough, and shortness of breath. CLICK HERE for more information on symptoms. Emergency signs include pain and pressure in the chest, confusion, trouble breathing, and bluish lips or face.

The CDC believes symptoms may appear between 2 and 14 days after contact with an infected person.

VISIT wbay.com/coronavirus for complete local, national and international coverage of the outbreak.

DHS recommends taking these steps to help stop the spread of the virus:

--Stay at home--Limit your physical interactions with people--Keep at least six feet apart from others--Frequent and thorough hand washing with soap and water--Make essential trips no more than once a week--Covering coughs and sneezes--Avoid touching your face

Local and national health care providers are encouraging people to wear masks in public to avoid spreading the illness to others.

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Wisconsin governor extends Safer at Home order; schools closed for rest of year - WBAY