Archive for the ‘Fourth Amendment’ Category

On Wallen, Shamblin Lara and Trump: 2021’s top 10 opinion essays in The Tennessean | Plazas – Tennessean

The topics varied from Senator Blackburn and Hagerty's words and actions on Jan. 6 to parental alienation to Fourth Amendment rights.

Countdown to The Tennessean's top 10 read opinion columns of 2021

The Tennessean presents its top 10 best read opinion essays and letters of 2021. Topics include Morgan Wallen, critical race theory and Trump.

David Plazas, Nashville Tennessean

As we near the end of 2021, The Tennessean looks back today on the top-read opinion columns of the year.

They range from a critique of Tennessee's new critical race theory ban in K-12 schoolsto a defense of country music singer Morgan Wallen and from addressing the impact of the late Weigh Down Workshop preacher Gwen Shamblin Lara to the second impeachment of former President Donald Trump.

The rankings arebased upon digital metrics of page views.

We include some excerpts below and you can also go to Tennessean.com to re-read them in their entirety or click on the hyperlinks below.

So, here starts the countdown.

"Former Southern Baptist Convention President Paige Patterson has controversial past church must reckon with," by Rev. Brian Kaylor, June 15.

Kaylor isa Baptist minister with a Ph.D. in political communication, president ofWord&Wayand author of fourbooks.

"Patterson helped make SBC what it is today and then sat atop his fiefdom until it all came crashing down when he was fired by Southwestern Baptist Theological Seminary in 2018 for mishandling student sexual assaults."

"Why we need more conservatives to spread the benefits of COVID-19 vaccines," by David Plazas, Aug. 6.

This was my top-read personal column of the year. I wrote more about COVID-19 than I ever wanted to. The political divisions on vaccines and safety rules had a realand hard impact on cases, hospitalizations and deaths in Tennessee.

"Politicians from Gov. Bill Lee to the state senators have emphasized that getting vaccinated is a personal choice and have gone out of their way to assuage the fears of people who want to be exempt from inoculation, whether for religious or medical reasons.They ought to increase the level of urgency of their rhetoric,that while it is a personal choice, there is something to be said about being responsible and accountable to your community."

"Morgan Wallen billboards patron: 'Were not bowing down to the mob'," by Darleen Ingram, June 10.

Ingram of Empire, Alabamapaid for the billboards around Nashville in support of country music artist Morgan Wallen.

"The music industry jumped so fast, without taking time to hear his side of the story or to evaluate who his friends are. How many in the industry are guilty?When Morgan asked for forgiveness and he meant it, it should have been over."

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"Mentalhealth practitioners confronta crisis in families:Parental alienation," by Alan D. Blotcky and William Bernet, Dec. 18.

Blotcky, Ph.D., is a clinical and forensic psychologist in private practice in Birmingham, Alabama. Bernet, M.D., is professor emeritus for the Department of Psychiatry at Vanderbilt University School of Medicine.

"The phenomenon of parental alienation is well-known tosomemental healthprofessionalsbuthas received very little attention in the mainstream media.Thepublic is largely unaware of thisproblem and itsharmfuleffects on children and parents."

"Marsha Blackburn and Bill Hagerty are complicit in the insurrection," by The Tennessean editorial board, Jan. 7.

I wrote this editorial on behalf of The Tennessean Editorial Board, which comprises Editor Michael A. Anastasi, Executive Editor Maria De Varenne, Planner Mealand Ragland-Hudgins and me.

"Tennessees senators played games with democracy and perpetuated false allegations of mass voter fraud, a cover-up by tech companies and the press, and a stolen election all to fit President Donald Trumps narrative that he was cheated out of a second term."

"Why is Pastor Greg Locke shunning mask-wearing congregants? | Featured letters" by readers of The Tennessean, July 29.

This article featured letters from people in Tennessee and beyond who read about how Greg Locke, pastor at Global Vision Bible Church in Mt. Juliet, bannedcongregants from wearing masks when worshipping in person.

"To his congregation, I appeal: Would you please, if you are interested in staying alive, respond by not going to church at all?That should get his attention.God doesnt shun you if you are praying at home." excerpt from a letter by Harriet Stanton-Leaffer.

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"How critical race theory law makes it illegal to teach Black history in Tennessee," by David Barber, Oct. 5.

Barber is a professor of history at University of Tennessee at Martin.

"While we should be glad that Tennessee is finally outlawing the teaching of racial superiority in any form, our legislature should have passed this part of its legislation 60 years ago, when it would have counted for something."

"Brentwood can thank Gwen Shamblin Lara for making it the city it is today," by Bill Alexander, July 27.

Brentwood attorney Bill Alexander practiced law in Saudi Arabia for almost 10 years and serves as an arbitrator.

"Gwen Shamblin Lara, who died May 29in a plane crash, was an author and founder of the Christian diet program the Weigh Down Workshop and founder of the Remnant Fellowship Church. She was also a kind, respectful person who quietly helped in an unheralded way to preserve the Brentwood we know today."

Editor's note: While this guest essay first published in July, readers consumed it morein September, around the time when the HBO Max documentary about Shamblin Lara "The Way Down" premiered.

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"When the government hides spy cameras on your land, fight back in court," byRobert Frommer and Daryl James, Dec. 13.

Frommer is a senior attorney and James is a writer at the Institute for Justice in Arlington, Va.

"Although the case is proceeding in state court under the authority of the Tennessee Constitution, the central claims point to a nationwide problem. Starting about 100 years ago, federal courts began chipping away at the Fourth Amendment to the U.S. Constitution, which guarantees the right of the people to be secure in their persons, houses, papers, and effects.

Before we go to No. 1, here are the top-read essays of our regular columnists LeBron Hill, Keel Hunt, Cameron Smith and Kyra Watts.

"Readers respond to second impeachment of President Donald Trump," by letters to editor writers, Jan. 15.

We published seven featured letters to the editor from readers across Middle Tennessee after the U.S. House of Representatives voted to impeach Trump for the second time, something that has happened to no other president in U.S. history.

Budge Blevins ofNashville wrote:"Some Republican members of the Tennessee congressional delegation said that they did not want to further divide the country by voting to impeach President Trump for inciting a mob assault on the Capitol Building while Congress was in session. Thats a laudable sentiment, but one that was absent when they voted the previous week to overturn the certified election results of certain states favoring Joe Biden. Or did they believe that challenging the will of the voters in those states would unify the nation?"

But Calvin Johnsonof Franklin felt it was overblown.

"Why have younot reported as much on the Antifa demonstrations in New York City,Portland andSan Diego. They were destructive, but I heard no condemnation or response from the media orthe Democrats. You only criticize what Trump supporters do."

As we enter 2022, please consider writing and submitting guest essaysand letters toletters@tennessean.com.Thank you for your readership.

David Plazas is the director of opinion and engagement for the USA TODAY Network Tennessee. He isan editorial board member of The Tennessean. He hosts the Tennessee Voices videocastand curates the Tennessee Voices and Latino Tennessee Voices newsletters.. Call him at (615) 259-8063, email him atdplazas@tennessean.comor tweet to him at@davidplazas.

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On Wallen, Shamblin Lara and Trump: 2021's top 10 opinion essays in The Tennessean | Plazas - Tennessean

Autoblog’s 10 most-read articles of 2021 – Autoblog

2021 was a roller coaster of a year for the auto industry, with electrification topping just about every automaker's to-do list as vicious parts and labor shortages threatened to bring global production to a grinding halt. But the world kept spinning, dealers (and squirrels) kept misbehaving, and people found new and ridiculous excuses to steal catalytic converters. It's all right here in Autoblog's top-read stories of 2021.

When Stellantis announced its massive global electrification strategy during its EV Day presentation in July, it came on the heels of constant reminders that customers still want big, thirsty V8s.

Covid-related supply shortages have forced new-car shoppers to buy used instead, but not all used cars are increasing in value at the same pace. Some, like the Mercedes G-Class, are skyrocketing. Why?

Well, if you're stuck shopping used, you'd might as well look for something that will last, right? These cars and trucks should go the distance while you wait out the market. Who knows, maybe you'll fall in love?

A Fourth Amendment argument bailed a Michigan woman out of more than a dozen parking tickets. Will this ruling survive what is likely to be several more legal challenges?

The cult of Tesla remains strong, but America has several more reasons to be proud of this year's Consumer Reports 2021 Brand Satisfaction Survey. Here's a hint: The first Japanese automaker appears at number five.

Some standard U.S. license plates are elegant and attractive. Some are as depressing as a cloudy Midwest winter. Does your state offer something attractive without a surcharge, or are you stuck in a state with miserable tag options? We ranked them all.

'Tis the season for big, red, flying stuff. This truck won't catch air (at least it shouldn't), but with its jet turbine prototype engine, you'd be forgiven for assuming it could. Missing for years, Ford's rediscovered "Big Red" turbine truck is quite a treat to behold.

Ahh, squirrels. Rats with better PR, right? And an interest in personal readiness, evidently, as this industrious critter (or group of critters) managed to stash a truly massive number of walnuts inside a Chevrolet Avalanche. If you're a prepper in search of helpful pets, consider some fluffy rodent accomplices. They're obviously very good at it.

Yeah, people are snorting ground catalytic converter waste. It's as crazy as it sounds.

This story is an even wilder ride than the one it depicts. A service technician took a customer's C8 Corvette for a test drive after diagnosing what appeared to be an issue related to a loose spark plug connection, and ended up engaging in some shenanigans with a Dodge Charger that were captured on the Corvette's performance data recorder. Oops! Don't worry; this one has a happy ending.

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Autoblog's 10 most-read articles of 2021 - Autoblog

2021 Year In Review: Madness, Mayhem And Tyranny OpEd – Eurasia Review

On any given day, the average American going about his daily business was monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears

By John W. Whitehead and Nisha Whitehead

Disgruntled mobs. Martial law. A populace under house arrest. A techno-corporate state wielding its power to immobilize huge swaths of the country. A Constitution in tatters.

Between the riots, lockdowns, political theater, and COVID-19 mandates, 2021 was one for the history books.

In our ongoing pursuit of life, liberty and happiness, here were some of the stumbling blocks that kept us fettered:

Riots, martial law and the Deep States coup.A simmering pot of political tensions boiled over on January 6, 2021, when protestersstormed the Capitolbecause the jailer of their choice didnt get chosen to knock heads for another four years. It took no time at all for the nations capital to be placed under a military lockdown, online speech forums restricted, and individuals with subversive or controversial viewpointsferreted out, investigated, shamed and/or shunned. The subsequentmilitary occupation of the nations capital by 25,000 troopsas part of the so-called peaceful transfer of power from one administration to the next was little more than martial law disguised as national security. TheJanuary 6 attemptto storm the Capitol by so-called insurrectionists created the perfect crisis for the Deep Statea.k.a. the Police State a.k.a. the Military Industrial Complex a.k.a. the Techno-Corporate State a.k.a. the Surveillance Stateto swoop in and take control.

The imperial president.All of theimperial powers amassed by Donald Trump, Barack Obama and George W. Bushto kill American citizens without due process, to detain suspects indefinitely, to strip Americans of their citizenship rights, to carry out mass surveillance on Americans without probable cause, to suspend laws during wartime, to disregard laws with which he might disagree, to conduct secret wars and convene secret courts, to sanction torture, to sidestep the legislatures and courts with executive orders and signing statements, to direct the military to operate beyond the reach of the law, to act as a dictator and a tyrant, above the law and beyond any real accountabilitywere inherited by Joe Biden, the nations 46thpresident.

The Surveillance State.On any given day, the average American going about his daily business was monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears. In such asurveillance ecosystem, were all suspects and databits to be tracked, catalogued and targeted. Consider that it took days, if not hours or minutes, for the FBI to begin the process of identifying, tracking and rounding up those suspected of being part of the Capitol riots. Imagine how quickly government agents could target and round up any segment of society they wanted to based on the digital trails and digital footprints we leave behind.

Digital tyranny.In response to the events of Jan. 6, the tech giants meted out their own version of social justice by way of digital tyranny and corporate censorship. Suddenly, individuals, including those who had no ties to the Capitol riots, began to experiencelock outs, suspensions and even deletions of their social media accounts. It signaled aturning point in the battle for control over digital speech, one that leaves we the people on the losing end of the bargain.

A new war on terror.Domestic terrorism, usedinterchangeablywith anti-government, extremist and terrorist, to describe anyone who might fall somewhere on a very broad spectrum of viewpoints that could be considered dangerous, became the new poster child for expanding the governments powers at the expense of civil liberties. As part of his inaugural address, President Biden pledged to wage war on so-calledpolitical extremism, ushering in what investigative journalist Glenn Greenwald described as a wave of new domestic police powersand rhetoric in the name of fighting terrorism that are carbon copies of many of the worst excesses of the first War on Terror that began nearly twenty years ago. The ramifications are so far-reaching as to render almost every American an extremist in word, deed, thought or by association.

Government violence.Thedeath penalty may have been abolished in Virginiain 2021, but government-sanctioned murder and mayhem continued unabated, with the U.S. government acting as judge, jury and executioner over a populace that had already been pre-judged and found guilty, stripped of their rights, and left to suffer at the hands of government agents trained to respond with the utmost degree of violence. Police particularlyposed a risk to anyone undergoing a mental health crisis or with special needs whose disabilities may not be immediately apparent.

Culture wars.Political correctness gave way to a more insidious form of group think and mob rule which, coupled with government and corporate censors and a cancel culture determined not to offend certain viewpoints, was all too willing to eradicate views that do not conform. Critical race theory also moved to the forefront of the culture wars.

Home invasions.Government agents routinelyviolated the Fourth Amendment at willunder the pretext of public health and safety. This doesnt even begin to touch on the many ways the government and its corporate partners-in-crime used surveillance technology to invade homes: with wiretaps, thermal imaging, surveillance cameras, and other monitoring devices. However, in a rare move, the Supreme Court put its foot down in two casesCaniglia v. StromandLange v. Californiato prevent police fromcarrying out warrantless home invasions in order to seize lawfully-owned guns under the pretext of their so-called community caretaking dutiesandfrom entering homes without warrants under the guise of being in hot pursuit of someone they suspect may have committed a crime.

Bodily integrity.Caught in the crosshairs of a showdown between the rights of the individual and the so-called emergency state, concerns about COVID-19 mandates and bodily integrity remained part of a much larger debate over the ongoing power struggle between the citizenry and the government over our property interest in our bodies. This debate over bodily integrity covered broad territory, ranging from abortion and forced vaccinations to biometric surveillance and basic healthcare. Forced vaccinations, forced cavity searches, forced colonoscopies, forced blood draws, forced breath-alcohol tests, forced DNA extractions, forced eye scans, forced inclusion in biometric databases: these were just a few ways in which Americans continued to be reminded that we have no control over what happens to our bodies during an encounter with government officials.

COVID-19.What started out as an apparent effort to prevent a novel coronavirus from sickening the nation (and the world) became yet another means by which world governments (including our own) expanded their powers, abused their authority, and further oppressed their constituents. Now that the government has gotten a taste for flexing its police state powers by way of a bevy of lockdowns, mandates, restrictions, contact tracing programs, heightened surveillance, censorship, overcriminalization, etc., it remains to be seen how the rights of the individual will hold up in the face of long-term COVID-19 authoritarianism.

Financial tyranny.Thenational debt(the amount the federal government has borrowed over the years and must pay back) exceeded$29 trillionand is growing. That translates to almost $230,000 per taxpayer. The amount this country owes is nowgreater than its gross domestic product(all the products and services produced in one yearby labor and property supplied by the citizens). That debt is also growing exponentially: it is expected to betwice the size of the U.S. economyby 2051. Meanwhile, the government continued to spend taxpayer money it didnt have on programs it couldnt afford; businesses shuttered for lack of customers, resources and employees; and consumers continued to encounterglobal supply chain shortages(and skyrocketing prices) on everything from computer chips and cars to construction materials.

Global Deep State.Owing in large part to the U.S. governments deep-seated and, in many cases, top-secret alliances with foreign nations and global corporations, it became increasingly obvious that we had entered into a new world ordera global world ordermade up of international government agencies and corporations. Weve been inching closer to this global world order for the past several decades, but COVID-19, which saw governmental and corporate interests become even more closely intertwined, shifted this transformation into high gear. Fascism became a global menace.

20 years of crises.Every crisismanufactured or otherwisesince the nations early beginnings has become a make-work opportunity for the government to expand its reach and its power at taxpayer expense while limiting our freedoms at every turn: The Great Depression. The World Wars. The 9/11 terror attacks. The COVID-19 pandemic. Indeed, the governments (mis)management of various states of emergency in the past 20 years from 9/11 to COVID-19 has spawned a massive security-industrial complex the likes of which have never been seen before.

The state of our nation.There may have been a new guy in charge this year, but for the most part, nothing changed. The nation remained politically polarized, controlled by forces beyond the purview of the average American, and rapidly moving the nation away from its freedom foundation. Over the past year, due in part to the COVID-19 pandemic, Americans found themselves repeatedly subjected to egregious civil liberties violations, invasive surveillance, martial law, lockdowns, political correctness, erosions of free speech, strip searches, police shootings of unarmed citizens, government spying, the criminalization of lawful activities, warmongering, etc.

In other words, as I make clear in my bookBattlefield America: The War on the American Peopleand in its fictional counterpartThe Erik Blair Diaries, the more things changed, the more they stayed the same.

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2021 Year In Review: Madness, Mayhem And Tyranny OpEd - Eurasia Review

European Union: COVID-19 State aid update – State aid Temporary Framework prolonged and additional aid for recovery possible (6th Amendment) -…

In brief

On 18 November 2021, the European Commission ("Commission") further prolonged the Temporary Framework for COVID-19 State aid ("Temporary Framework") until 30 June 2022. This 6th Amendment has also added investment support measures and solvency support measures to support economic recovery and increase certain aid ceilings.

Background: In March 2020, the European Commission adopted the Temporary Framework to support the economy in the context of the COVID-19 outbreak, which allows EU Member States to have State aid approved quickly by the Commission. It has since been amended six times: First, increasing possibilities for public support to research, test and produce products relevant to fight the COVID-19 outbreak. Second, to enable recapitalization and subordinated debt measures; and third, to further support micro, small and start-up companies and to incentivize private investments. A fourth amendment extended the coverage of the Temporary Framework again and prolonged its application into 2021. The fifth amendment prolonged the application of the Temporary Framework to the end of 2021, increased aid amounts that the Commission would approve and allowed for the conversion of limited amounts of repayable Temporary Framework aid to grants.

Key takeaways

The 6th Amendment prolongs the application of the Temporary Framework until 30 June 2022. In addition, it adds two new categories of support measures for which EU Member States can obtain quick Commission State aid approval:

In more detail

Prolongation

The Temporary Framework, which was set to expire on 31 December 2021, has now been prolonged until 30 June 2022 (except as noted otherwise). It remains subject to further extension if necessary.

Executive Vice President Margrethe Vestager noted that "[t]he limited prolongation gives the opportunity for a progressive and coordinated phase-out of crisis measures, without creating cliff-edge effects, and reflects the projected strong recovery of the European economy overall."

Two new categories of support measures

The 6th Amendment includes two new categories of support measures that EU Member States may adopt to help companies recover:

These investment support measures can be granted by Member States until 31 December 2022.

Provided appropriate justifications are made by the Member State, the Commission may accept alternative selection and remuneration methods, higher aid amounts per company, or extend the application to investments to larger companies.

Aid under these solvency schemes can be granted until 31 December 2023.

Other notable amendments

In addition to the prolongation of the Temporary Framework and the two new categories of State aid measures added, the 6th Amendment:

Content is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee similar outcomes. For more information, please visit: http://www.bakermckenzie.com/en/disclaimers.

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European Union: COVID-19 State aid update - State aid Temporary Framework prolonged and additional aid for recovery possible (6th Amendment) -...

Cop watcher close to settlement with San Jose over broken arm – San Jos Spotlight

San Jose appears to be settling litigation with a resident injured while trying to film police officers.

Last week in closed session, the San Jose City Council discussed a lawsuit brought by Nicholas Robinson, a security guard who records policeinteractions.Robinson was arrested while monitoring police conducting an arrest near Highway 101 in November 2018. He claimed in a lawsuit officers broke his arm whiledetaining him and violated his Fourth Amendment rights.

City Attorney Nora Frimann told San Jos Spotlight settlement negotiations conducted by the court are confidential. She addedthe city doesnt have a signed settlement agreement yet.

Robinsons attorneys told the courta settlement agreement has been reached, according to federal records. The attorneys, who did not respond to requests for comment, told Robinsonthe city approved the settlement, according to a screenshot of a text message.

Robinson told San Jos Spotlight hes upset with the settlement award, which he said amounts to roughly $30,000most of which will go toward attorney fees.

Thats not even going to cover my future surgery, Robinson said, notinghe has titanium rods and screws in his arms that will have to be replaced in several years.

The settlement is far from the $1.5 million Robinsons attorneys requested in September. In a court brief, they argued the short altercation resulted in a permanent disability.

Although defendants never told Mr. Robinson he was at least being detained, they tackled and broke his arm within a span of 12 seconds of meeting each other, the attorneys state in a court filing made in September.

His attorneys said in court briefs that Robinson sustained a broken arm that left him with permanent nerve damage. They claim the injury has cost Robinson approximately $75,000 in medical bills and at least $10,000 in lost wages.

Paying the price

San Joses city attorney said in a court brief that Robinson interfered with a felony warrant arrest at a homeless encampment by shining a flashlight at police officers, preventing them from continuing their operation.

Recordings from police body cameras show an officer demanding Robinson turn his flashlight off. After Robinson turned it off, he protestedhe had a right to be there and gestured with the end of his flashlight. This prompted the officers to grab Robinson and lift his arms above his head, which allegedly resulted in the injury.

Raj Jayadev, co-founder of Silicon Valley De-Buga community organizing group that focuses on the criminal justice systemtold San Jos Spotlight theres a long tradition of civilians monitoring police to prevent or at least witness misconduct.

Its an extremely important activity, and I think Nick should be applauded for it, Jayadev said. Hes actually had to pay the price with his body.

A recent audit of the San Jose Police Department founda quarter of officers received at least one complaint in 2020, and 23% of complaints contained allegations about use of force.

Attorney Robert Powell recently secured a $400,000 settlement for a San Jose couple allegedly injured by SJPD officers during a 2019 arrest. He told San Jos Spotlightnumerous factors may come into play when settling this kind of case, including the extent and severity of an injury, whether the plaintiff was resisting arrest and if there was missing body camera footage.

The problem with a number in a vacuum is its kind of meaningless, said Powell, referring to Robinsons lawsuit. Does it seem low? Thats fair to say. But thats about all one can say thats intellectually honest.

Robinson documents traffic stops in an effort to increase transparency around police activities, he said. Recording law enforcement officers in a public space is allowed under the First Amendment, but restrictions apply when it interferes with police worksomething several departmentsallege about Robinson.

Multiple law enforcement agencieshave restraining orders against Robinson, including the San Jose Police Department, Santa Clara Police Department, California Highway Patrol and the San Jose Police Officers Association. According to court records, Robinson has interfered with traffic stops by recording police officers with his cellphone, shining his flashlight at officers and sometimes shouting vulgarities.

Robinson said he supports law enforcement, but wants to create an additional layer of accountability for police. He notedbody cameras are supposed to fulfill this function, but he doesnt trust them.

We see time and time again, even when they do have the cameras on, it doesnt even hold them accountable, Robinson said.

Contact Eli Wolfe at[emailprotected]or@EliWolfe4on Twitter.

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Cop watcher close to settlement with San Jose over broken arm - San Jos Spotlight