It’s a revelation in a new First Amendment lawsuit as the political committee supporting the Amendment 4 abortion rights initiative sued a pair of state officials Wednesday in federal court.
Floridians Protecting Freedom (FPF) is currently negotiating with CBS affiliate WINK-TV to get the ads back on air, but representatives for the PC say it has lost valuable time to reach voters in that market with the election just three weeks away.
FPF is suing Surgeon General Joseph Ladapo, who is also the head of DOH, and John Wilson, the Department’s former General Counsel who wrote the letters, in the U.S. District Court’s Tallahassee Division.
“The State’s threatened sanctions against third-party media organizations that host the advertisement — in a heavy-handed effort to silence FPF’s speech — is a classic and deeply disturbing example of unconstitutional coercion,” the lawsuit said. “Defendants’ threat is an escalation of a broader State campaign to attack Amendment 4 using public resources and government authority to advance the State’s preferred characterization of its anti-abortion laws as the ‘truth’ and denigrate opposing viewpoints as ‘lies.’”
The lawsuit is asking the federal courts for an injunction to stop the state from threatening or intimidating more TV stations over the ads, aimed at supporting a ballot measure that would protect abortion rights in Florida’s Constitution and overturn the state’s current six-week abortion ban. FPF is also asking for compensatory and punitive damages as well as attorneys fees.
“CBS affiliate WINK News, a leading local news station in Southwest Florida, has stopped airing a false advertisement created by a dark money group to push Amendment 4,” the Vote No On 4 Florida opposition group said in a Wednesday afternoon statement. “The ad was removed for making a patently inaccurate and harmful claim about Florida law: That it prohibits abortion even when the pregnancy is a threat to the mother’s life.”
The ad at the heart of the controversy is about a Tampa woman who found out she was diagnosed with terminal brain cancer when she was 20 weeks pregnant with her second child. Before Florida’s current abortion law, she was able to get an abortion to get chemotherapy that extended her life for her family.
“Florida has now banned abortion even in cases like mine. Amendment 4 is going to protect women like me. We have to vote ‘yes,’” the woman identified as Caroline says in the ad.
But in his cease and desist letters to Florida TV stations, Wilson argued, “The advertisement is not only false; it is dangerous. Women faced with pregnancy complications posing a serious risk of death or substantial and irreversible physical impairment may and should seek medical treatment in Florida.”
Wilson wrote that TV stations playing the ad were violating sanitary nuisance laws that were punishable as a second-degree misdemeanor.
FPF’s lawsuit countered that examples of health sanitary nuisances are things like garbage and dead animals — not “political advertising that contradicts state officials’ political beliefs.”
Wilson’s Oct. 3 letters caused the Federal Communications Commission (FCC) Chair to issue a reprimand.
“The right of broadcasters to speak freely is rooted in the First Amendment,” FCC Chair Jessica Rosenworcel said in a statement. “Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech.”
Wilson left DOH a short time later, according to the Miami Herald, which reported that the reason for his departure was unclear.
FPF also stood by the Caroline ad and called it an accurate depiction of the state’s abortion law.
“Suffice to say, FPF disagrees with the State of Florida’s narrative about its current law, which bans most abortions after six weeks’ gestation,” the lawsuit said. “FPF sponsored Amendment 4 precisely because current Florida law does not protect women and instead runs roughshod over their rights and imperils their health by substituting the government’s judgments for those of women and their healthcare providers.”
FPF plans to keep running more ads, the lawsuit added.
A 1647 witch-finder pamphlet. Via Wikimedia Commons
The printing press – and a particular manual it printed – played a big role in early modern witch trials, according to a fascinating new study.
Between 1450 and 1750, some 90,000 people were put on trial for being witches across Europe. About 45,000 of these people were executed.
Reasons for the fervour of this “witch craze” are murky. People had believed in witches for centuries, but brutal witch-hunts weren’t nearly as common until the 15th Century.
A study published in Theory and Society uses data on witch trials and witch-hunting publications to suggest that manuals may have been a big contributor.
In particular, they believe the Malleus maleficarum, which was first published in 1487, could explain a lot of the uptick – alongside trials in neighbouring cities.
Frontpiece for a 1576 edition of the Malleus maleficarum. Via Wikimedia Commons
“Cities weren’t making these decisions in isolation,” says lead author Dr Kerice Doten-Snitker, a postdoctoral fellow at the Santa Fe Institute, USA.
“They were watching what their neighbours were doing and learning from those examples. The combination of new ideas from books and the influence of nearby trials created the perfect conditions for these persecutions to spread.”
The researchers tracked the “ideational diffusion” – the spread of an idea, and behaviours linked to it – of witchcraft by looking at trial data and publication data from 553 cities in Central Europe.
They looked specifically for the publication of witch-hunting manuals, like the Malleus maleficarum.
This book contained a detailed explanation of “demonology” – the theory of witchcraft – as well as practical advice on finding and convicting witches.
“At the time of its appearance, there was only a shaky consensus among learned authorities on the crucial questions of who witches were, what they did, and why they had supernatural powers,” write the researchers in their paper.
“The willingness of [author Heinrich] Kramer to expound confidently on these questions is part of what made Malleus so influential.”
Each new edition of the Malleus maleficarum was linked to an increase in witch trials in the city where it was printed.
“The printing press did not cause the inception of the elaborated theory of witchcraft, but our results show that it fostered its spread,” write the researchers.
The team believes this ideational diffusion can be seen in many other areas.
“The process of adopting witch trials is not unlike how modern governments adopt new policies today,” says Doten-Snitker.
“It often starts with a change in ideas, which are reinforced through social networks. Over time, these ideas take root and change the behaviour of entire societies.”
As I keep saying all these bathroom bills and trans people in the bathroom trash talk is the cis people who don’t look feminine or masculine enough for other people. I have read and watched videos of women who look mannish who get assaulted or harassed for going into the woman’s bathroom. One woman was a cancer survivor who lost all her hair due to treatment and two men were calling her horrific names and threatening to beat her up on video because they were sure she was a man. It all goes on looks for these people. Unless people are going to line up for a genital inspection by these gang thugs before entering the bathroom, how else do these maga think they are going to be able to tell? Oh and this post took me two days to put together. Hugs.
Superintendent Ryan Walters’ legal fees surpass $100,000 amid multiple lawsuits
by Tanya Modersitzki Thu, October 10th 2024 at 12:51 PM
Updated Thu, October 10th 2024 at 4:13 PM
OKLAHOMA CITY, OKLA — As Superintendent Ryan Walters sees the inside of a courtroom more with recent court dates piling up, he’s also racked up more than $100,000 in attorney fees in a five-month time span.
On Oklahoma State Court Network’s website, since last year, he’s named in eight lawsuits, not including the one involved with the State Grand Jury on alleged misspent pandemic money, and others related to the Oklahoma State Department of Education.
State Representative Mark McBride said he’s concerned how much Walters’ legal fees are costing taxpayers.
“I’m pretty confident there’s another investigation going on by the feds in the Department of Education. I think he’s 12 or 14 lawsuits,” McBride said. Walters most recent lawsuit came from the Bixby Public Schools Superintendent for alleged defamatory remarks.
From March of this year until July, records we received from Oklahoma Management and Enterprise Services show Walters averaging roughly $20,000 a month in lawyer fees. In March, OSDE paid an attorney invoice for more than $28,000.
In May, multiple invoices came out to cost more than $19,000.
In June, OSDE paid nearly another $28,000 for attorneys.
In that timespan, Walters’ attorneys cost the state more than $104,000. McBride said this is all at the cost of constituents.
“These things I think he’s going to lose at the end of the day and taxpayers foot the bill,” he said.
These totals don’t reflect charges for August, September, and October. NewsChannel 8 is working to get those numbers. Walters’ office did not respond for a comment.
October 10, 1699 The Spanish issued a royal decree which stated that every African-American who came to St. Augustine, Florida, and adopted Catholicism would be free and protected from the English.
October 10, 1963 The Limited Test Ban Treaty—banning nuclear tests in the oceans, in the atmosphere, and in outer space—went into effect. The nuclear powers of the time—the United States, Great Britain, and the Soviet Union—had signed the treaty earlier in the year. In 1957, Nobel Prize-winner (Chemistry) Linus Pauling drafted the Scientists’ Bomb-Test Appeal with two colleagues, Barry Commoner and Ted Condon, eventually gaining the support of 11,000 scientists from 49 countries for an end to the testing of nuclear weapons. These included Bertrand Russell, Albert Einstein, and Albert Schweitzer. Linus Pauling Pauling then took the resolution to Dag Hammarskjöld, then Secretary-General of the United Nations, and sent copies to both President John F. Kennedy and Soviet Premier Nikita Kruschev. The final treaty had many similarities to Pauling’s draft. It went into effect the same day as the announcement of Pauling’s second Nobel Prize, this time for Peace.
October 10, 1967 The Outer Space Treaty (Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies) demilitarizing outer space went into force.It sought to avoid “a new form of colonial competition” as in the Antarctic Treaty, and the possible damage that self-seeking exploitation might cause. Discussions on banning weapons of mass destruction in orbit had begun among the major powers ten years earlier. 1949 painting by Frank Tinsley of the infamous “Military Space Platform” proposed by then Secretary of Defense James Forrestal in the December 1948 military budget.
October 10, 1986 Elliott Abrams, then assistant secretary of state for inter-American affairs, testified before the Senate Foreign Relations Committee (in closed executive session) that he did not know that Marine Lt. Col. Oliver North, a White House employee in the Reagan administration, was directing illegal arms sales to Iran and diverting the proceeds to assist the Nicaraguan contras. Abrams pled guilty in 1991 to withholding information on the Iran-contra affair during that congressional testimony, but was pardoned by President George H.W. Bush. Elliott Abrams Presidents George W. Bush & George H.W. Bush Oliver North Read more about the pardons
October 10, 1987 Thirty thousand Germans demonstrated against construction of a large-scale nuclear reprocessing installation at Wackersdorf in mostly rural northern Bavaria.
October 10, 2002 The House voted 296-133 to pass the “Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq,” giving President George W. Bush broad authority to use military force against Iraqi leader Saddam Hussein, with or without U.N. support.
Trump has a long history of endorsing police violence, having said that police reaction to the racial unrest in response to the murder of George Floyd in 2020 “was a beautiful thing to watch.”
The Purge is a revenge horror franchise.
The only thing Trump’s speech has in common with it is he’s talking about a temporary spasm of widespread violence.
That is NOT what this is. This is STATE-sponsored terrorism against a targeted group. This is 1938 in Nazi Germany. https://t.co/49S7Hkwe8A
— Jim Stewartson, Counterinsurgent 🇺🇸🇺🇦💙🎈 (@jimstewartson) September 29, 2024
The former president, who risks jail time and more criminal trials if he loses, has expanded his range of baseless attacks on U.S. voting procedures in recent weeks and months. Trump falsely claimed Monday that Democrats are exploiting an overseas ballot program for expats and military members in order to circumvent “any citizenship check or verification of identity.”
Look at the projection in the next story. Look the only end might be the clawing back some of the taxes owned to the public treasury from the wealthy people who constantly want more and more public funds only for themselves. The only loss will be a white majority nation, and Elon Musk is a full out South African racist bigot. Full out racist bigot. He is not worried about voting, he is a white man. He is worried brown / black people will get to vote. He and tRump talk bad about Haitians and immigrants while hiring them on the cheap. Hugs. Scottie
Trump: Crooked Joe Biden became mentally impaired. But lying Kamala Harris, honestly, I believe she was born that way. There’s something wrong and I don’t know what it is but there is something missing pic.twitter.com/RP5TaHMVhQ
These maga gang thugs think they can get away with anything and that they don’t have to obey any laws or rules. Hate rules their lives. It may have been this guy who said he wrote the bill because he couldn’t stand that kids were coming out at school and being accepted by other students instead of targeted for abuse. He wants LGBTQ+ kids to be scared to be themselves and to stay in the closet hiding from them straight cis bullies. Hugs. Scottie
Fine was in court due to a lawsuit involving a Brevard County election official. As I’ve said here before, he is probably the most obnoxious of all Florida lawmakers, which is really saying something.
He last appeared here when DeSantis vetoed funding for a “woke zoo” because it wouldn’t host a fundraiser for Fine.
Fine also appeared on JMG in May 2022 when he tweeted what many interpreted as a threat to assassinate President Biden. That tweet remains online.
Before that, Fine appeared on JMG when he called for felony charges after Florida Democrats staged a sit-in over the racist US House map submitted by DeSantis.
And before that, he appeared here when he threatened to defund a Florida Special Olympics event and called a local school board member a “whore” because she’d been invited its fundraiser gala and he was not.
Fine was a sponsor of the bill that stripped Disney’s self-governing status. His family owns annual passes to the “woke” theme park giant.
In 2022, he arranged for a Florida town to honor a war criminal who was convicted of executing four Iraqi prisoners. In April 2023 he declared, “Damn right, we ought to erase” LGBTQs.
Fine is also a sponsor of Florida’s bill criminalizing drag shows in view of minors. Of note, his wife runs a self-described “sultry” burlesque show that would violate her husband’s law.
ALEC member and Israel proxy Rep. Randy Fine (R-FL) was "caught on camera appearing to give the middle finger and making other gestures during an Aug. 19 virtual court hearing." Fine and his attorney will attend a contempt of court hearing today.https://t.co/6CSOoF56Fm
A Michigan man, 61, was arrested after assaulting a postal carrier who delivered a flyer featuring Kamala Harris. He told the postal carrier that he didn’t want that "Black b****" in his mailbox and then threatened her with violence. https://t.co/DIlREaWx3b
The Straight Pride Flag looks like it’s the cover of MEN ARE FROM MARS, WOMEN ARE FROM VENUS if it was written by the Hamburglar. pic.twitter.com/k69ANfFc1y
Hit the link for other already known examples of Trump withholding federal relief from blue states. Earlier this week Trump posted that Biden was withholding relief from “Republican areas” in North Carolina.
You can’t only help those in need if they voted for you.
It’s the most basic part of being president, and this guy knows nothing about it. https://t.co/FuPHwtlZuu
Upon the advice of right-wing Christian Independence Law Center, South Western's far-right school board is cutting windows so passersby can look into the so-called “gender-identity” student bathrooms. "A new Level of Weird," writes @YorkDispatch. READ: https://t.co/KxuSQAaZojpic.twitter.com/usSfxhl451
Nico Romeri, 17, joined an amicus brief supporting a policy that bars school personnel from disclosing students’ gender identities – and won
When Nico Romeri came out as transgender at 14 years old, he first shared the news with his closest friends and a therapist. The private conversations he had outside of the home helped him feel more comfortable to then approach his parents, who supported his transition. If anyone else had revealed his gender identity to his family on his behalf, he said it would have been disruptive to his coming out process.
“I really wanted to have a one-on-one discussion with them, where they knew I trusted them and they trusted me,” Romeri said. “Having that break of trust before you’re confident enough to tell other people is a huge deal.”
A recent ruling helps ensure that other trans students will have the protection to come out to their families when they’re ready. The case came about in May 2022 after a New Hampshire mother inadvertently learned from a teacher that her child used a different name and pronouns in school. The parent argued that the school policy, which advises school personnel not to disclose a student’s transgender status, infringed upon her ability to raise her child as she sees fit. Along with his mother, Heather, Romeri joined an amicus brief in support of the school policy.
In August, the New Hampshire supreme court upheld a lower court’s ruling on the school district policy, affirming trans and gender nonconforming students’ rights to privacy concerning their gender identities and presentation at school. The decision is the first such ruling to come out of a state supreme court, and according to Chris Erchull, senior staff attorney at GLBTQ Legal Advocates & Defenders, the ruling could set guidance for other states and federal courts fighting similar cases.
“When there’s no US supreme court precedent, federal courts have to look around at what other courts are saying for precedent,” said Erchull. “So it is going to be very powerful and persuasive.”
Erchull, who filed an amicus brief in the case, said it was critical for students to have a supportive framework that allows them to explore their gender identity in school.
Hearing that [my children are trans] from someone else would have been not good for our relationship
Heather Romeri
“It’s not a public school teacher or administrator’s place to make a decision about how and when to talk to families about these really intimate, sensitive matters,” he said. “It is in the best interest of everyone if the information comes from the student when the student is ready, on the student’s own terms.”
Policies on LGBTQ+ students’ right to privacy varies by school district throughout the nation. In 2015, the New Hampshire school board association issued a model policy to protect the privacy of trans students and to prevent discrimination, which was adopted by 48 of 196 school districts and charter schools, according to a 2020 ACLU New Hampshire report.
The policy was rescinded in 2022 due to conservative pushback, but some school districts, including Manchester, the largest in the state, continue to advise school personnel not to share a trans or gender nonconforming student’s identity to others without the child’s consent. In July, California became the first state to ban school district policies that require staff to notify parents when a child changes their name or pronouns.
Revealing a child’s gender identity or sexual orientation to their family when they’re not ready can lead to suicide and the child getting kicked out of their home, he added. LGBTQ+ youth are 120% more likely to experience homelessness than their cisgender and heterosexual counterparts.
For Heather Romeri, it is crucial that students make their own choices about who they disclose their gender identity to and when. “Two of my children are both trans, so they have both been able to come to me at their own time when they were ready to disclose the information they needed to,” she said. “Hearing that from someone else would have been not good for our relationship, not good for … our children [being able to come] out safely and happily.”
Nico Romeri has trans friends who haven’t shared their gender identity with their parents because they fear for their safety, Heather said. “They really believe they will be hurt or they will be kicked out of their house,” she explained. “They have [seen] others who have tried to come out to their parents, and it’s had negative repercussions to them emotionally.” She sees the victory of the New Hampshire ruling as a prime example for other states considering policies for LGBTQ+ students’ rights.
Now 17, Romeri said that he joined the amicus brief to support his friends who don’t have the same supportive environment to transition. “It’s really important to represent the people that can’t voice [their identity fully] and to keep the laws in place.”
(Peace History’s links were misdirected for a few days, but the links are back now.)
October 6, 1683 Thirteen Mennonite families from the German town of Krefeld arrived in Philadelphia on the ship Concord. Having endured religious warfare in Europe, the Mennonites were pacifists, similar to the Society of Friends (often known as Quakers) who opposed all forms of violence. The first Germans in North America, they established Germantown which still exists as part of Philadelphia. Modern Mennonite peace activism:
October 6, 1955 Poet Allen Ginsberg read his poem “Howl” for the first time at Six Gallery in San Francisco. The poem was an immediate success that rocked the Beat literary world and set the tone for confessional poetry of the 1960s and later. “Howl and Other Poems” was printed in England, but its second edition was seized by customs officials as it entered the U.S. City Lights, a San Francisco bookstore, published the book itself to avoid customs problems, and storeowner (and poet) Lawrence Ferlinghetti was arrested and tried for obscenity, but defended by the American Civil Liberties Union (ACLU). Working on Howl in San Francisco, circa June, 1956 Following testimony from nine literary experts on the merits of the book, Ferlinghetti was found not guilty. Lawrence Ferlinghetti outside City Lights More about City Lights Read Howl Read more about Allen Ginsberg
October 6, 1976 An airliner, Cubana Airlines Flight 455, exploded in midair, killing 73 mostly young passengers including the entire Cuban youth fencing team. The plot was engineered by Orlando Bosch and Luis Posada Carriles, a Cuban former CIA agent, who was based in Venezuela at the time. The Posada Carriles file from the National Security Archive
October 6, 1978 346 protestors were arrested at the site of the proposed Black Fox Nuclear Power Plant in Inola, Oklahoma. In 1973 Public Service of Oklahoma announced plans to build the Black Fox plant about 15 miles from Tulsa. It was also near Carrie Barefoot Dickerson’s family farm. She became concerned as a nurse and a citizen about the potential health hazards. Carrie Barefoot Dickerson Through her group, Citizens’ Action for Safe Energy (CASE), and the consistent opposition of informed and persistent allies, the project was canceled in 1982. There are no nuclear plants in the state of Oklahoma, and no nuclear plant has been built in the U.S. since then. Carrie Dickerson Foundation
October 6, 1979 Seabrook Nuclear Power Plant protest – late 1970s Over 1400 were arrested at Seabrook, New Hampshire, the construction site of two new nuclear power plants. The occupation was organized by the Clamshell Alliance. Clamshell history
A federal judge on Thursday dismissed a lawsuit from a Denver Public Schools parent who sought to force the district to honor his request to display “straight pride” flags in his children’s classrooms.
Nathan Feldman brought suit on behalf of himself and his two children, alleging discrimination and a violation of the First Amendment stemming from DPS declining to add a straight pride flag in his children’s classrooms alongside displays of LGBTQ pride flags.
In a June 26 order, U.S. District Court Judge Regina M. Rodriguez determined the pride flags amounted to the government’s own speech, which the First Amendment does not regulate. Therefore, a decision by DPS not to display a flag did not violate Feldman’s rights.
“DPS policy reflects careful consideration about what views can be expressed and that any expressions must reflect DPS’s policy of equality and inclusion. Accordingly, the Court finds that DPS has maintained control over the flag displays,” wrote Rodriguez, an appointee of President Joe Biden.
Feldman filed suit after school administrators allegedly allowed “non-binary and non-cisgender students to have flags displayed that represent their genders but not allowing Plaintiffs to have flags displayed that represent their genders.” He asked for damages of at least $3 million and for an order allowing him to display the straight pride flag.
A “straight pride” flag. Source: Feldman et al. v. Denver Public Schools et al.
DPS, in moving to dismiss the lawsuit, noted Feldman’s allegations were contradictory, as he simultaneously asserted “each” classroom at Slavens School had a pride flag and that “not all teachers displayed these flags.” Nonetheless, the district argued the display of flags constituted government speech, as DPS policy endorsed the use of LGBTQ pride flags as “symbols consistent with the District’s equity-based curriculum.”
“Plaintiffs assert that passing a resolution recognizing LGBTQIA+ students or staff without providing equal recognition to those who don’t so identify is an actionable distinction. Not so,” wrote the district’s attorneys.
Feldman responded that individual teachers at his children’s school made the decision to display pride flags. Therefore, DPS was not in control of the displays and they did not constitute the government’s own speech.
In August, U.S. Magistrate Judge Scott T. Varholak recommended that Feldman’s claims be dismissed. He cited a 2022 U.S. Supreme Court decision involving Boston’s practice of allowing private entities to fly flags outside city hall. The court did not find such circumstances amounted to speech by the government.
However, wrote then-Justice Stephen G. Breyer, “when the government speaks for itself, the First Amendment does not demand airtime for all views.”
“Here, DPS selected the Pride Flag, and not Plaintiffs’ Flag, as representing the message that DPS wished to convey,” Varholak wrote in deeming the flag displays governmental expression. “Conversely, there is no allegation that DPS had a history of accepting for display other flags submitted by the public.”
In this 2018 file photo, a supporters of the LGBTQ community fly a Pride flag in the Colorado Springs PrideFest Parade.
(Jerilee Bennett/The Gazette, File)
As for Feldman’s sex discrimination and equal protection claims, Varholak noted that unless there are allegations of unequal treatment, there is no legal claim based on the absence of a flag representing cisgender, heterosexual students.
“Plaintiffs plainly disagree with DPS’s selected messaging, and phrase this disagreement in constitutional terms,” he concluded, “but ultimately fail to allege any injury except exposure to a flag that they do not feel represented by.”
Feldman objected to portions of Varholak’s analysis, but Rodriguez, the district judge, concluded Feldman was either raising new arguments for the first time or had failed to show why Varholak was mistaken.
To the claim that displaying a flag is discriminatory when it repesents a different group’s sexual orientation or gender identity, “Plaintiffs offer no legal support for their argument,” she wrote, “and the Court finds none.”
Attorneys for both parties did not immediately respond to a request for comment.
The case is Feldman et al. v. Denver Public Schools et al.
Carrie Barefoot Dickerson
