Archive for the ‘First Amendment’ Category

Ferguson: New video shows officer Wilson accosting man on his own property for simply filming him – Video


Ferguson: New video shows officer Wilson accosting man on his own property for simply filming him
Ferguson resident Mike Arman alleges that his First Amendment rights were violated when he was arrested by embattled police officer Darren Wilson in 2013, and that the subsequent police report...

By: TomoNews US

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Ferguson: New video shows officer Wilson accosting man on his own property for simply filming him - Video

Another Court Affirms Googles First Amendment Control Of Search Results

Europe and the U.S. continue to drift further apart on Google. Even as European parliamentarians and regulators seek ways to restrain Googles discretion over search results, U.S. courts continue to affirm Googles right to do whatever it wants with search results paid and organic.

A California state court in San Francisco recently granted Googles case-ending motion in lawsuit against the company (per GigaOm). The action, filed in June of this year in San Francisco Superior Court, was called S. Louis Martin vs. Google Inc.

Drafted and filed by the non-attorney publisher of San Francisco Bay Area Tourism website CoastNews.com, the complaint alleged unfair and deceptive business practices against Google.

The basic factual allegations included the claim that CoastNews ranked at the top of search results on Bing and Yahoo for San Francisco neighborhood keywords but didnt rank in a comparable position on Google. Plaintiff Martin asserted that Googles unfair and monopolistic business practices cause him lost revenue and future growth and harmed consumers, as well.

Martin asked for a jury trial and sought roughly $5 million in compensatory and punitive damages. Google prevailed by framing plaintiffs claim as a SLAPP lawsuit. SLAPP stands for strategic lawsuit against public participation. SLAPP suits are usually filed by corporations or other powerful interests often to intimidate or silence less-powerful critics.

The irony here is that the corporation (Google) was claiming that this individual plaintiff (Martin) was trying to silence its First Amendment-protected speech. The Superior Court agreed.

In its motion, essentially to dismiss the case, Google cited various prior cases and precedents that establish Google has total discretion over the content of its search results as a protected expression of its First Amendment free speech rights.

The 2003 decision Search King, cited above, was the first case (to my knowledge) to hold that Googles editorial control of search results was protected by the free speech clause of the First Amendment. That was reaffirmed earlier this year in a US District Court case called Zhang et al.v.Baidu.com (also cited above).

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Another Court Affirms Googles First Amendment Control Of Search Results

BLM No Show Pahrump 11/13/2014 First Amendment Area – Video


BLM No Show Pahrump 11/13/2014 First Amendment Area
Description Kenny Bent speaks to the people in front of the Bob Ruud Community Center, where the BLM failed to show and present their Resource Management Pla...

By: Les Moore

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BLM No Show Pahrump 11/13/2014 First Amendment Area - Video

The First Amendment…(Historically Speaking) – Episode #7 – Video


The First Amendment...(Historically Speaking) - Episode #7
Frederick Douglass Dixon hosts this weekly program on UPTV.

By: UPTV6

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The First Amendment...(Historically Speaking) - Episode #7 - Video

Letter To The Editor: First Amendment Guarantees Freedom Of Speech

Posted Nov. 17, 2014, 9:53 am Letter To The Editor

Dear Editor,

In the United States of America, and to an even stronger extent in the State of California, the First Amendment to our federal Constitution (and its state counterpart) guarantees freedom of speech.

To petition, protest, and advocate before governmental bodies and public marketplaces are constitutional rights and therefore protected speech. This lawsuit is an attempt to bully me and silence dissent in the City of Santa Monica, where the pony ride and petting zoo have been the subject of criticism and protests for years, long before my personal involvement.

In consultation with counsel, I intend to file an ANTI-SLAPP (strategic lawsuit against public participation) motion to protect my freedom of speech rights and those of others who might otherwise be deterred by coercive litigation from exercising their rights -- and to defend the rights of suffering animals, sentient beings with emotional lives worthy of dignity and compassion.

I have repeatedly made overtures to the pony ride operators, introducing Jason, Tawnis husband, to Phil Brock, the Parks Commissioner, to see if they might be willing to compromise and move their animal exhibits to a more spacious and tranquil environment, where the ponies could be taken off the metal bar and walked with a gentle lead at a city park.

The City Council resolution relating to the ponies directed City staff to explore alternatives elsewhere in the City for the pony ride to operate in a more congenial environment for the animals. To my knowledge, the pony operators have not been interested in compromise and have repeatedly refused to consider more humane alternatives.

While the operators repeatedly and publicly attack my character, I know that I have only told the truth, expressing my opinion, both in words and photographs, throughout this period of protest, in which 1,450 people signed my petition to shut down the animal exhibits. Additionally, records obtained under the California Public Records Act have surfaced past complaints about the animal exhibits.

Beyond that, I learned that a separate protest in 2005 resulted in approximately another thousand petition signatures from market visitors disturbed by the sight of ponies tethered to a metal bar, circling for hours on hard ground, unable to turn around or seek water on their own during a hot summer day.

Not only do local residents find these exhibits objectionable, some of my neighbors boycotting the Main Street farmers market, but Marc Bekoff, noted scientist and colleague of Jane Goodall, with whom I consulted months ago, calls the exhibits thoroughly inhumane -- adding, Tethering animals so they cannot have freedom of movement and the freedom to get away from harassment and noise is as inhumane as keeping the animals in tiny cages in petting zoos, where they suffer physically and emotionally.

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Letter To The Editor: First Amendment Guarantees Freedom Of Speech