Tag Archives: Amendment

Appeals court says Biden admin likely violated First Amendment but narrows order blocking officials from communicating with social media companies – CNN

  1. Appeals court says Biden admin likely violated First Amendment but narrows order blocking officials from communicating with social media companies CNN
  2. Appeals Court Rules White House Overstepped 1st Amendment on Social Media The New York Times
  3. 5th Circuit rules Biden administration violated First Amendment The Washington Post
  4. Appeals court scales back order squelching Biden administration contact with social media platforms ABC News
  5. Biden administration violated First Amendment over COVID-19 content on social media, court of appeals rules Fox News
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Appeals Court Rules White House Overstepped 1st Amendment on Social Media – The New York Times

  1. Appeals Court Rules White House Overstepped 1st Amendment on Social Media The New York Times
  2. 5th Circuit rules Biden administration violated First Amendment The Washington Post
  3. Biden administration violated First Amendment over COVID-19 content on social media, court of appeals rules Fox News
  4. Appeals court says Biden admin likely violated First Amendment but narrows order blocking officials from communicating with social media companies CNN
  5. Appeals court scales back order squelching Biden administration contact with social media platforms ABC News
  6. View Full Coverage on Google News

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A Texas university president canceled a student drag show, calling it ‘divisive’ and misogynistic. First Amendment advocates disagree – CNN

  1. A Texas university president canceled a student drag show, calling it ‘divisive’ and misogynistic. First Amendment advocates disagree CNN
  2. West Texas A&M University president cancels student drag show, saying it degrades women The Texas Tribune
  3. WT students protest after university’s president denounces drag shows on campus KFDA
  4. National civil liberties group calls on WT president to restore drag show on campus abc7amarillo.com
  5. West Texas A&M president vows to ignore ‘the law of the land’ to cancel student-run drag show Foundation for Individual Rights in Education
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Supreme Court denies petition from Florida city to toss atheists’ First Amendment suit over prayer vigil – Fox News

  1. Supreme Court denies petition from Florida city to toss atheists’ First Amendment suit over prayer vigil Fox News
  2. Neil Gorsuch cast doubt on a group of atheists’ lawsuit over a Florida city’s prayer vigil, writing that everything done by the government ‘probably offends somebody’ Yahoo News
  3. Atheists avoid — for now — Supreme Court review of lawsuit on Florida shooting prayer vigil CNBC
  4. Supreme Court allows atheists’ lawsuit against Florida city over prayer vigil to continue CNN
  5. Supreme Court declines to hear Florida city’s challenge to atheists Yahoo News
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Supreme Court denies petition from Florida city to toss atheists’ First Amendment suit over prayer vigil – Fox News

  1. Supreme Court denies petition from Florida city to toss atheists’ First Amendment suit over prayer vigil Fox News
  2. Supreme Court rebuffs Florida city’s challenge to atheist lawsuit KSL.com
  3. Neil Gorsuch cast doubt on a group of atheists’ lawsuit over a Florida city’s prayer vigil, saying everything done by the government ‘probably offends somebody’ Yahoo News
  4. Atheists avoid — for now — Supreme Court review of lawsuit on Florida shooting prayer vigil CNBC
  5. High court turns down city whose post-shooting prayer vigil inspired suit Courthouse News Service
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Supreme Court declines to decide whether city-backed prayer vigil violated First Amendment – USA TODAY

  1. Supreme Court declines to decide whether city-backed prayer vigil violated First Amendment USA TODAY
  2. Supreme Court denies petition from Florida city to toss atheists’ First Amendment suit over prayer vigil Fox News
  3. Supreme Court rebuffs Florida city’s challenge to atheist lawsuit KSL.com
  4. Neil Gorsuch cast doubt on a group of atheists’ lawsuit over a Florida city’s prayer vigil, saying everything done by the government ‘probably offends somebody’ Yahoo News
  5. Supreme Court declines to hear Florida city’s challenge to atheists The Hill
  6. View Full Coverage on Google News

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Priscilla Presley Disputes ‘Invalid’ Amendment to Lisa Marie’s Trust – Rolling Stone

In the wake of her daughter’s sudden death two weeks ago, Priscilla Presley is asking a California judge to step in and reject an alleged 2016 amendment to Lisa Marie Presley’s living trust as “invalid.”

Elvis’s widow claims in a new court filing that since Lisa Marie’s Jan. 12 death, she has “discovered” a disputed document seeking to remove her and former business manager Barry Siegel as co-trustees of her daughter’s Promenade Trust. The origins of the alleged amendment were not clear from the 2016 filing.

The alleged amendment, dated March 11, 2016, names Lisa Marie’s daughter Riley Keough and now-deceased son Benjamin Keough as replacement co-trustees, the new filing in Los Angeles County probate court reads.

The position is a powerful one. According to SEC filings, The Promenade Trust retained a 15 percent interest in Elvis Presley Enterprises — the company that controls Graceland and the licensing of Elvis Presley’s intellectual property — after Lisa Marie sold an 85 percent share of the business for $50 million in cash, more than $22 million in stock and the repayment of debts topping $25 million in 2005.

“There are many issues surrounding the authenticity and validity of the purported 2016 amendment,” Priscilla and her lawyer claim in the new 13-page filing obtained by Rolling Stone.

They allege the document was “never delivered” to Priscilla during Lisa Marie’s lifetime, as required by “express terms” of the trust agreement, that it misspells Priscilla’s name, that it wasn’t witnessed or notarized and that “Lisa Marie’s signature appears inconsistent with her usual and customary signature.”

Importantly, they say the signature page does not contain any text of the actual amendment “which can present a higher risk for fraud.”

For these reasons, they’re asking for a court order “determining that the purported 2016 amendment is invalid, confirming the validity and existence of the restated 2010 trust, and confirming that petitioner is a current trustee of the trust.”

Priscilla’s lawyer, Brian M. Malloy, did not immediately respond to a request for comment from Rolling Stone.

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TMZ, which first reported the court filing, characterized the filing as a “contentious” move that pits Priscilla against her granddaughter, Riley Keough. But Riley remains one of the trust’s beneficiaries along with her two surviving sisters, Finley and Harper Lockwood, regardless. Benjamin Keough died by suicide in 2020.

At Lisa Marie’s funeral, both Priscilla and Riley Keough shared emotional tributes to the singer who died at age 54 after being treated for cardiac arrest at her Calabasas home. Lisa Marie’s official cause of death has been deferred by the Los Angeles County Medical Examiner pending “more investigation.”



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Appeals Court Rules Washington MAGA Hat Teacher Protected under First Amendment

Eric Dodge, a science teacher at Wy’east Middle School outside of Portland, Or., won a lawsuit against the Evergreen School District for violating his First Amendment rights after he wore a MAGA hat to a staff training day featuring racial bias training.

In a legal filing published just before New Year’s Eve, the U.S. Court of Appeals for the Ninth Circuit defended Dodge’s right to wear the hat despite attempts by school administrators to admonish him. According to court documents, a professor leading the cultural sensitivity programming session complained to school principal Caroline Garret that “she felt intimidated and traumatized” at the sight of Dodge’s MAGA hat.

Other teachers also complained with one reportedly crying and another feeling threatened at the sight of the hat. The uproar causes the principal to chide Dodge to use “better judgment” in the future. However, Dodge continued to wear the hat at the following day’s session prompting the principal to call the school’s HR officer, Janae Gomes.

At the end of the staff training day, Dodge approached Garret asking for opportunities to teach classes other than science. Dodge alleges that the principal said “What is the fucking deal with your hat?” adding Dodge was a “homophobe and a racist and a bigot and hateful.” Garret denies the depiction of the conversation.

The experience led Dodge to file a lawsuit against Garret, Gomes, and the Evergreen School District. The Appeals Court only ruled in favor of Dodge’s claim against Principal Gomes.

“That some may not like the political message being conveyed is par for the course and cannot itself be a basis for finding disruption of a kind that outweighs the speaker’s First Amendment rights. Therefore, Principal Garrett’s asserted administrative interest in preventing disruption among staff did not outweigh plaintiff’s right to free speech,” the court ruling notes.

The court documents also quote Wy’east’s principal Caroline Garret, at length, explaining her decision to censor Dodge.

“Mr. Dodge’s decision to wear his MAGA hat on school grounds within weeks of the Trump Administration’s loud and publicized initiative to deport as many immigrants as possible was an affront to Wy’east’s agenda of cultural inclusivity and interest in creating a safe place for ELL students. Ms. Garrett had a reasonable basis, given the anti-immigrant tenor radiating from the administration, to demonstrate inclusivity and tolerance to ELL students and their parents on the school campus,” Garret told the court.

Dodge reportedly resigned from his teaching post in 2020, according to Fox.

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Federal Court rules Big Tech has no ‘freewheeling First Amendment right to censor’

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A federal appeals court upheld a Texas law on Friday that seeks to curb censorship by social media platforms. The ruling, a major victory for Republicans who charge companies like Twitter and Facebook are limiting free speech, is a step in a major legal battle that could end up at the Supreme Court.

The lawsuit is challenging HB 20, a Texas bill signed into law by Gov. Greg Abbott that regulates social media platforms with more than 50 million monthly users, which includes Google, Facebook and Twitter, and says they cannot censor or limit users’ speech based on viewpoint expression. 

Mark Zuckerberg CEO of Meta
(Photographer: Michaela Handrek-Rehle/Bloomberg via Getty Images)

CALIFORNIA GOV. NEWSOM SIGNS NEW SOCIAL MEDIA TRANSPARENCY BILL INTO STATE LAW

In his opinion, Federal Judge Andrew S. Oldham of the Fifth Circuit said the platforms argued for “a rather odd inversion of the First Amendment” that “buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech.”

“Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say,” Judge Oldham continued. 

Texas Attorney General Ken Paxton
(Chip Somodevilla/Getty Images)

KEN PAXTON, PAM BONDI FIRE BACK AT GAVIN NEWSOM: ‘WHAT BIDEN IS DOING IS ILLEGAL’

Texas Attorney General Ken Paxton, who is arguing in defense of HB 20, stated on Twitter Friday, “I just secured a MASSIVE VICTORY for the Constitution & Free Speech in fed court: #BigTech CANNOT censor the political voices of ANY Texan!”

The Supreme Court in Washington, D.C.
(AP Photo/J. Scott Applewhite, File)

VERMONT EDUCATION AGENCY SAYS DISTRICTS CANNOT WITHHOLD PUBLIC TUITION MONEY TO RELIGIOUS SCHOOLS

NetChoice, a nonprofit group representing Meta in the challenge against the Texas law, said in a statement they are “disappointed” with the decision. “We remain convinced that when the U.S. Supreme Court hears one of our cases, it will uphold the First Amendment rights of websites, platforms, and apps.”

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Friday’s ruling created what is known as a “circuit split,” since the eleventh circuit struck down a similar social media law in Florida. A circuit split generally increases the likelihood of the Supreme Court taking up a case. 



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Trump statement today: Ex-president pleads fifth amendment 440 times as Trumpworld hunts Mar-a-Lago raid informant

Eric Trump blames Biden administration after FBI raid on Mar-A-Lago

As the fallout from the FBI’s raid on Mar-a-Lago continues with rumours of a Trumpworld informant tipping off authorities, Mr Trump yesterday pleaded the fifth amendment 440 times in his sworn deposition to the long-running New York State probe into his real estate dealings.

Mr Trump has repeatedly condemned the investigation as a politically motivated “witch hunt”. His children Ivanka and Donald Jr both recently gave depositions in the civil investigation after months fighting subpoenas for their testimony.

Meanwhile, reports have revealed that the FBI’s raid on Mar-a-Lago may have been spurred by an informant at the resort tipping the bureau off that Mr Trump and his team had not handed over all the relevant documents stored at the ex-president’s Florida residence. It is not yet clear who the informant might be, but the Monday raid saw agents searching private areas including a bedroom.

The former president and some members of his legal team have claimed without providing proof that agents may have planted evidence at his home.

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Swalwell: Blame Trump for FBI raid firestorm

Democratic Congressman Eric Swalwell, who for assorted reasons has become a focal point for right-wing outrage (including graphic death threats targeting him and his family), has been speaking out loudly against Donald Trump ever since the Mar-a-Lago raid came to light. And in the face of hysteria on the right about the FBI’s supposed attempt to smear Mr Trump, he has this corrective:

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Trump retains celebrity lawyer for Georgia investigation

Facing a grand jury probe in Fulton County, Georgia, where authorities are investigating his efforts to pressure state officials into overturning Joe Biden’s victory, Donald Trump is lawyering up – and true to a pattern set over his decades moving in glitzy circles, his choice of lawyer comes from the world of celebrity rather than the world of politics.

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“Who went rogue?” Fox Host pushes back on GOP talking points

Multiple Fox News hosts have this week helped spread both unsubstantiated claims about the FBI’s Mar-a-Lago raid and furious rhetoric directed at the agency itself, as well as at the Department of Justice and Attorney General Merrick Garland specifically.

However, not all hosts are on board – and when offered the chance to quiz House Minority Whip Steve Scalise this morning, Fox & Friends host Steve Doocy demanded to know why he was jumping to conclusions without evidence.

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DoJ must respond to request to unseal warrant – judge

The judge who signed the warrant granting the FBI permission to search Donald Trump’s Mar-a-Lago residence has instructed the Department of Justice to respond to a request to unseal it.

Judge Bruce Reinhart ordered on Wednesday that “on or before 5:00pm Eastern time on August 15, 2022, the Government shall file a Response to the Motion to Unseal. The response may be filed ex parte and under seal as necessary to avoid disclosing matters already under seal. In that event, the Government shall file a redacted Response in the public record.”

The decision does not guarantee that the warrant will be unsealed in its entirety, but does at least raise the possibility that it may be made public within a week despite Mr Trump’s reticence to share it.

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ICYMI: Trump accused of using QAnon song in video

Donald Trump’s recent campaign-style video that he posted to his social media platform Truth Social appears to feature a song titled after the slogan of the QAnon conspiracy theory.

The former president on 9 August posted the nearly four-minute-long video on Truth Social. According to an analysis from media watchdog Media Matters, the music used in Mr Trump’s video “is a song titled Wwg1wga, produced in 2020 by an artist using the name ‘Richard Feelgood’ on Spotify”.

The acronym “wwg1wga” is shorthand in the QAnon community for the slogan “Where we go one, we go all”.

Maroosha Muzaffar has more:

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Ex-Trump chief of staff says ex-president should release Mar-a-Lago warrant

Mick Mulvaney, who served as acting White House chief of staff in the later phase of the Trump administration, has told CNN that he thinks Donald Trump “probably should” go ahead and unseal the warrant for the FBI search at Mar-a-Lago on Monday.

Mr Mulvaney argued that the secrecy around major grand jury investigations is “real, it’s valid, it’s there for a reason” – but also diagnosed recent events as “beyond the ordinary course of business” and suggested that “everybody” involved in the case, involved Mr Trump, to be as transparent as possible.

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NYT sues to unseal Trump warrant

It is entirely within Donald Trump’s power to release the FBI’s warrant for its raid on Mar-a-Lago on Monday, but he has so far declined to do so for unspecified reasons. That leaves his critics, members of Congress and journalists to demand its release – or, in the case of the New York Times, to take legal action to secure access to it.

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Trump offers new narrative of FBI raid

In lieu of releasing the warrant that gave the FBI permission to raid Mar-a-Lago – as it is within his power to do – Donald Trump has been periodically issuing various claims about how the raid came about and what the agents who carried it out actually did.

Here’s his latest narrative of what happened, delivered last night on Truth Social.

(Truth Social)

The complaint that agents acted “without notification or warning” misses the point of a warrant to look for allegedly concealed material, a search that by definition requires law enforcement to act without notifying those suspected of concealing it. (Of course, Mr Trump might very well understand this.)

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Shouting match on Fox News over FBI raid

Fox News’s radicalisation has reached a new peak in the wake of Monday’s events at Mar-a-Lago, with hosts and guests propagating false and questionable narratives about the raid and calling for investigations of the federal law enforcement architecture simply because Mr Trump’s home was searched.

One of the network’s contributors, Jessica Tarlov, dared to go out on a limb on The Five last night – but when she called on her fellow commentators to stop projecting “mistruths and assumptions” that are also being shared by Mr Trump, she found herself in a shouting match with co-host Jeanine Pirro:

Sravasti Dasgupta reports.

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NY probe: Trump took the fifth more than 440 times

Former president Donald Trump on Wednesday declined to answer over 440 questions during a deposition with investigators working for New York Attorney General Letitia James’ office, instead choosing to invoke his fifth amendment right against self-incrimination each time.

According to multiple reports citing sources familiar with what happened during the Wednesday session, Mr Trump only answered one question — he provided his name when asked after he was sworn in as a witness.



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