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Libertarianism and Objectivism – Wikipedia, the free …

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Nov 032015

Ayn Rand’s philosophy of Objectivism has been and continues to be a major influence on the libertarian movement, particularly in the United States. Many libertarians justify their political views using aspects of Objectivism.[1] However, the views of Rand and her philosophy among prominent libertarians are mixed and many Objectivists are hostile to non-Objectivist libertarians in general.[2]

Some libertarians, including Murray Rothbard and Walter Block, hold the view that the non-aggression principle is an irreducible concept: it is not the logical result of any given ethical philosophy but, rather, is self-evident as any other axiom is. Rand, too, argued that liberty was a precondition of virtuous conduct,[3] but argued that her non-aggression principle itself derived from a complex set of previous knowledge and values. For this reason, Objectivists refer to the non-aggression principle as such, while libertarians who agree with Rothbard’s argument call it “the non-aggression axiom.” Rothbard and other anarcho-capitalists hold that government requires non-voluntary taxation to function and that in all known historical cases, the state was established by force rather than social contract.[4] They thus consider the establishment and maintenance of the night-watchman state supported by Objectivists to be in violation of the non-aggression principle. On the other hand, Rand believes that government can in principle be funded through voluntary means.[5]

Jennifer Burns in her biography Goddess of the Market: Ayn Rand and the American Right, notes how Rand’s position that “Native Americans were savages”, and that as a result “European colonists had a right to seize their land because native tribes did not recognize individual rights”, was one of the views that “particularly outraged libertarians.”[6] Burns also notes how Rand’s position that “Palestinians had no rights and that it was moral to support Israel, the sole outpost of civilization in a region ruled by barbarism”, was also a controversial position amongst libertarians, who at the time were a large portion of Rand’s fan base.[6]

Libertarians and Objectivists often disagree about matters of foreign policy. Rand’s rejection of what she deemed to be “primitivism” extended to the Middle East peace process in the 1970s.[6][7] Following the Arab-Israeli War of 1973, Rand denounced Arabs as “primitive” and “one of the least developed cultures” who “are typically nomads.”[7] Consequently, Rand contended Arab resentment for Israel was a result of the Jewish state being “the sole beachhead of modern science and civilization on their (Arabs) continent”, while decreeing that “when you have civilized men fighting savages, you support the civilized men, no matter who they are.”[7] Many libertarians were highly critical of Israeli government at the time.[citation needed]

Most scholars of the libertarian Cato Institute have opposed military intervention against Iran,[8] while the Objectivist Ayn Rand Institute has supported forceful intervention in Iran.[9][10]

The United States Libertarian Party’s first candidate for president of the United States, John Hospers, credited Rand as a major force in shaping his own political beliefs.[11]David Boaz, executive vice president of the Cato Institute, an American libertarian think tank, described Rand’s work as “squarely within the libertarian tradition” and that some libertarians are put off by “the starkness of her presentation and by her cult following.”[12]Milton Friedman described Rand as “an utterly intolerant and dogmatic person who did a great deal of good.”[13] One Rand biographer quoted Murray Rothbard as saying that he was “in agreement basically with all [Rand’s] philosophy,” and saying that it was Rand who had “convinced him of the theory of natural rights…”[14] Rothbard would later become a particularly harsh critic of Rand, writing in The Sociology of the Ayn Rand Cult that:

The major lesson of the history of the [objectivist] movement to libertarians is that It Can Happen Here, that libertarians, despite explicit devotion to reason and individuality, are not exempt from the mystical and totalitarian cultism that pervades other ideological as well as religious movements. Hopefully, libertarians, once bitten by the virus, may now prove immune.[15]

Some Objectivists have argued that Objectivism is not limited to Rand’s own positions on philosophical issues and are willing to work with and identify with the libertarian movement. This stance is most clearly identified with David Kelley (who separated from the Ayn Rand Institute because of disagreements over the relationship between Objectivists and libertarians), Chris Sciabarra, Barbara Branden (Nathaniel Branden’s former wife), and others. Kelley’s Atlas Society has focused on building a closer relationship between “open Objectivists” and the libertarian movement.[citation needed]

Rand condemned libertarianism as being a greater threat to freedom and capitalism than both modern liberalism and conservatism.[16] Rand regarded Objectivism as an integrated philosophical system. Libertarianism, in contrast, is a political philosophy which confines its attention to matters of public policy. For example, Objectivism argues positions in metaphysics, epistemology, and ethics, whereas libertarianism does not address such questions. Rand believed that political advocacy could not succeed without addressing what she saw as its methodological prerequisites. Rand rejected any affiliation with the libertarian movement and many other Objectivists have done so as well.[17]

Rand said of libertarians that:

They’re not defenders of capitalism. They’re a group of publicity seekers…. Most of them are my enemies… I’ve read nothing by Libertarians (when I read them, in the early years) that wasn’t my ideas badly mishandledi.e., the teeth pulled out of themwith no credit given.”[16]

In a 1981 interview, Rand described libertarians as “a monstrous, disgusting bunch of people” who “plagiarize my ideas when that fits their purpose.”[16]

Responding to a question about the Libertarian Party in 1976, Rand said:

The trouble with the world today is philosophical: only the right philosophy can save us. But this party plagiarizes some of my ideas, mixes them with the exact oppositewith religionists, anarchists and every intellectual misfit and scum they can findand call themselves libertarians and run for office.”[18]

In 2011, Yaron Brook, president of the Ayn Rand Institute, spoke at the Foundation for Economic Education.[19] He was a keynote speaker at FreedomFest 2012.[20] He appeared on ReasonTV on July 26, 2012.[21]

Ayn Rand Institute board member John Allison spoke at the Cato Club 200 Retreat in September 2012,[22] contributed “The Real Causes of the Financial Crisis” to Cato’s Letter,[23] and spoke at Cato’s Monetary Conference in November, 2011.[24]

On June 25, 2012, the Cato Institute announced that John Allison would become its next president.[25] In Cato’s public announcement, Allison was described as a “revered libertarian.” In communication to Cato employees, he wrote, “I believe almost all the name calling between libertarians and objectivists is irrational. I have come to appreciate that all objectivists are libertarians, but not all libertarians are objectivists.”[26]

On October 15, 2012, Brook explained the changes to The American Conservative:

I dont think theres been a significant change in terms of our attitude towards libertarians. Two things have happened. Weve grown, and weve gotten to a size where we dont just do educational programs, we do a lot more outreach and a lot more policy and working with other organizations. I also believe the libertarian movement has changed. Its become less influenced by Rothbard, less influenced by the anarchist, crazy for lack of a better word, wing of libertarianism. As a consequence, because were bigger and doing more things and because libertarianism has become more reasonable, we are doing more work with them than we have in the past. But I dont think ideologically anything of substance has changed at the Institute.[27]

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Libertarianism and Objectivism – Wikipedia, the free …

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– Dallas SEO Expert

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Nov 022015

Many people have questions about Search Engine Optimization, or SEO, so we turned to answers from an SEO firm in Dallas. But first, a definition of SEO is in order. SEO is a process utilized to improve the ranking of a website in the search results pages of the various search engines. These results are based on keywords or keyword phrases identified as important to a particular website. SEO is designed to ensure a particular website shows up early in the results, preferably within the top 10.Dallas is one of the largest cities in the United States, as well as one of the most famous. Everyone knows where Dallas is, and this is precisely why thousands of businesses choose to call Dallas, Texas home. However, the demand has also driven up office space prices for the most populated areas. Small businesses that simply cant afford office space in a prime location are turning to search engine optimization, or SEO for complete business website solutions. Our motto is, If Customers cant find your business, well help them find you. One Of Our Clients in Dallas says that her business would not be what it is today without the help of a Google Max Marketing the search engine optimization Experts. Most [entrepreneurs] start out working out of their home, so its difficult to find new customers in the beginning. Our company built Small business website and then helped people to find it in the search engines. Sales doubled inside of six weeks.

You may even know someone who has invested in SEO or who thinks they know how to do it. In fact, there is a growing number of people who are attempting to do their own search engine optimization rather than invest in it. Search rank can be improved somewhat through a single persons efforts, but individuals are finding themselves at a plateau after climbing only a few pages in search engines. Proper and effective search engine optimization requires numerous man hours, more than one person is likely capable of accomplishing. In addition, once achieved, top search rank must be maintained.

There are numerous tips that you can find online that will help you improve your websites rank. If youd like to pinch pennies, consider learning what you can and shooting for page one for a search term. You will want to be sure that the search term that you choose will provide adequate traffic to your website. If a website targets a search term (keyword) that doesnt get searched often, your website will experience little additional traffic after all your hard work.

If you hit a plateau in your search result efforts, consider contacting this online marketing firm for help. Be sure to check out their references

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Dallas SEO Services | Online Marketing | SEO in Dallas, Texas

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Nov 022015

What is SEO?

Search Engine Optimization is the processof making a websitereadable to the the search engines like Google, Yahoo, and Bing. If you think of a billboard that you see on the highway they are basically saying who, what, and where they are located. This issimilarto howSEO works with websites

.Do you have a website that looks good but are not getting any quality leads or phone calls? Search Engine Optimization would be very beneficial to helping you get local business of people that are interested in your products or services.

Are you spending hundreds or thousands of dollars per month with Pay Per Click (PPC) advertising? Sure you may be getting traffic and paying a pretty penny for it, however in most cases your traffic is not quality and it turns into an expensive numbers game trying to buy quality leads for your business. PPC is typically best for seasonal purposes but not recommended for long term advertising. Even if someone clicks your ad, its going to cost you money.

With SEO, you will be able to get listed in the organic search results with a focus on your niche product or service. Search Engine Optimization is simply focusing on a relevant product or service and telling the search engines who you are, what you do, how they can contact you, and where you’re located.

SEO isactually more simple than it sounds, however if you’re like most business owners you only have time for your business and not optimizing your website or much less any other online marketing efforts to increase your leads and client base.

Send anemail to Dallas SEO if you want help saving moneyand time with internet advertising andsearch engine optimization.

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Dallas SEO Services | Online Marketing | SEO in Dallas, Texas

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Dallas SEO Firm | SEO That Gets You Noticed

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Nov 022015

If you are an SEO Firm interested in leasing this page to get new client leads send us and email (titled: Dallas SEO Leads) to

Local Business Listing is what we do! Search engine optimization (SEO) is the most important element of search engine marketing (SEM). Also known as optimization, search engine positioning and search engine placement, for your business website and local business listing. Search engine optimization is a major portion of the process Dallas SEO Firm uses to achieve higher search engine rankings for keywords and key phrases used by your future clients and/or customers to find your business.

Getting your business found in the Dallas is what we do. Count on Dallas SEO Firm Dallas leader in local internet marketing and local search engine optimization to obtain the highest level of local exposure and organic ranking for your business website. With the increasing use of mobile devices by consumer to find products and service, its essential that your business found on the search engine to gain new client and customers. Get your business on local business listing today!

We are results driven, If youre looking for a SEO Firm in Dallas to help take your brand to the next level, give Dallas SEO a call at (972) 362-4001 and let us show how to dominate local business search results.

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Free speech news, articles and information: – NaturalNews

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Nov 022015

Tell Congress to support the Free Speech about Science Act of 2011 4/13/2011 – Last year, the Alliance for Natural Health (ANH), a nonprofit organization that works very hard to promote and protect freedom of health speech, came up with a very important piece of legislation called the Free Speech about Science Act (FSAS) that is designed to lift the restrictions on health speech… Support the Free Speech About Science Act and restore freedom of health speech 5/27/2010 – The Alliance for Natural Health, a nonprofit organization committed to protecting access to natural and integrative medicine, has recently come up with a Congressional bill designed to stop government censorship of truthful, scientific health claims about natural foods and herbs, and restore free speech… NaturalNews to launch Free Speech video network 5/4/2010 – On the heels of increasing video censorship committed by YouTube against natural health videos, NaturalNews is announcing the upcoming launch of its worldwide, multilingual video network called NaturalNews.TV. The service goes live in late June and is designed to offer a Free Speech platform for videos… Ron Paul Introduces Three New Bills Designed to Restore Free Speech to Health 8/10/2009 – In recent years, numerous companies have been targeted, raided, and even shut down by the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) for making health claims about the products they sell. These federal agencies operate outside the realm of constitutional legitimacy and thus… FDA tyranny and the censorship of cherry health facts (opinion) 5/2/2006 – In the past, I jokingly said that broccoli might someday be banned as soon as the public begins to learn about the potent anti-cancer chemicals found in the vegetable. Thats because, as I jested, the FDA wouldnt want people treating their own cancer with the anti-cancer medicines found in cruciferous… Counterthink roundup: Free Speech, Google News, and Big Brother (satire) 1/31/2006 – New provisions in the Patriot Act, which are about to become law, will make it a felony crime for protestors to step foot outside official “protest zones” designated by the U.S. Secret Service. This is how President Bush expands the freedom of Americans — by giving them all the freedom they want, as… See all 56 free speech feature articles. Police: People: Bush: Speech: President: Free: The internet: Internet: Government: Information: Society: World: Media: California: Victory: Financial: Most Popular Stories TED aligns with Monsanto, halting any talks about GMOs, ‘food as medicine’ or natural healing 10 other companies that use the same Subway yoga mat chemical in their buns Warning: Enrolling in Obamacare allows government to link your IP address with your name, social security number, bank accounts and web surfing habits High-dose vitamin C injections shown to annihilate cancer USDA to allow U.S. to be overrun with contaminated chicken from China Vaccine fraud exposed: Measles and mumps making a huge comeback because vaccines are designed to fail, say Merck virologists New USDA rule allows hidden feces, pus, bacteria and bleach in conventional poultry Battle for humanity nearly lost: global food supply deliberately engineered to end life, not nourish it Harvard research links fluoridated water to ADHD, mental disorders 10 outrageous (but true) facts about vaccines the CDC and the vaccine industry don’t want you to know EBT card food stamp recipients ransack Wal-Mart stores, stealing carts full of food during federal computer glitch Cannabis kicks Lyme disease to the curb is a free video website featuring thousands of videos on holistic health, nutrition, fitness, recipes, natural remedies and much more.

CounterThink Cartoons are free to view and download. They cover topics like health, environment and freedom.

The Consumer Wellness Center is a non-profit organization offering nutrition education grants to programs that help children and expectant mothers around the world.

Food Investigations is a series of mini-documentaries exposing the truth about dangerous ingredients in the food supply. offers alternative health programs, documentaries and more.

The Honest Food Guide is a free, downloadable public health and nutrition chart that dares to tell the truth about what foods we should really be eating. offers a free online reference database of healing foods, phytonutrients and plant-based medicines that prevent or treat diseases and health conditions. is a free, online reference library that lists medicinal herbs and their health benefits. is a free online reference database of phytonutrients (natural medicines found in foods) and their health benefits. Lists diseases, foods, herbs and more.

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Free speech news, articles and information: – NaturalNews

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Birmingham AL Search Engine Optimization Company

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Oct 242015

Birmingham ALSearch Engine optimization and social media marketing helps customers to successfully find products and services on the internet with less effort and faster. Bottom line is a rise in interested and motivated clients to your website is an indicator that there will be an increase in sales for your business. Below are advantages of SEO.

You will be able to improve your competitive edge. Increasing the chances of clients getting you online shows that they are also going to find your competitors. The faster and easier your products and services can be found, the more likely you will keep your present customers and also boost your market share.

SEO helps to enlarge client base and specific audience. Your website will be easy to find and locate on the internet. It is going to improve your ranking, enlarge traffic and your chances of making sales. When you increase your internet market, you will be exposing your things to motivated and interested clients.

You are going to boost your return on investment. Research shows that customers are five times more likely to buy what you are offering after locating your website by search engine instead of advertising online. Improved position ranking shows there is an increase in client visit which turns to boost in sales opportunity. Search results get the highest conversion rates which turn visitors into paying clients.

One will save time and money. This is done by using free SEO to promote your products and services. When your website is optimized and submitted, it will continue to be crawled and indexed with Search engines and maintained with less effort. The more popular your website gets with time, the higher your Search Engine standing will be.

It is therefore ideal for one to consider using Birmingham ALSEO in order to get the most from your business.

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Birmingham AL Search Engine Optimization Company

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SEO Birmingham

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Oct 242015

Introducing Birmingham’s best SEO consultants

Hi, I’m Daniel from SEO Birmingham, here to help you find the best SEO experts in Birmingham to meet the unique needs of your campaign. Here at SEO Birmingham, we’re confident that you won’t find a more relevant selection of Birmingham SEO companies or finer free SEO advice anywhere else.

Many an SEO expert says “content is king” & “text is best”. Content-driven SEO can build enormous traffic while being “white hat” too.

Ranking highly for competitive search terms requires authoritative quantity & quality of inlinks which can grow organically via linkbait.

For SEO, good HTML code emphasises headings & keywords. Bad HTML code does suspiciously too much or inaccessibly too little.

Age is vital in SEO, because spammers get penalised and move on. Let your URLs & content mature like fine wine for Google.

While it’s good to let article age mature, it’s also good to regularly change index page content to keep Google on its toes checking for updates.

If you care about your site, avoid dodgy link schemes and other black-hat SEO techniques, then perhaps you won’t get banned for life.

Our goal is to help you find the ideal Birmingham SEO company to optimise your website for stable high rankings in search engines such as Google and Bing. Whether you’re looking for an SEO company in Birmingham to manage your SEO campaign in its entirety, or simply looking for a specialist SEO consultant to advise you on the best course of action, we at SEO Birmingham have met hundreds of local businesses in your shoes before and can help you every step of the way in finding the most suitable Birmingham SEO company for you.

If you’re unsure of your site’s current condition or you’re unsure of what it will take to succeed in your forthcoming SEO campaign, you may be considering consulting a professional SEO expert. But if you’re already running a successful large-scale SEO campaign quite comfortably, you may simply wish to boost your campaign’s performance by bringing in some additional SEO expertise & resources, for example, by contracting a local SEO agency to run a particular division of your wider campaign. Either way, you’ll want to make sure the impact of each expert is fully measurable and doesn’t clash with the impact made by other experts who may be working on the same job.

At SEO Birmingham we aim to introduce you to only the best Birmingham SEO companies, indeed, we aim to introduce you to the local SEO agencies most capable of providing the best SEO services to suit your unique campaign’s needs. We will consider your industry niche, geotargeting and budgetary constraints we take it all into account to provide you with the best SEO advice service in Brum. What’s more, it’s free, so what do you have to lose? This may be your best chance to really turn your internet marketing campaign around for good. We’re not here to disappoint you! We’re in it to win it too. We’re in it to make the best Birmingham SEO companies accessible to you.

For their own internal purposes, including staff training and anti-spam etc, and of course for developing the infamous search engine, Google organises SEO into three key categories. The first is Crawling, the second is Indexing, and the third is Serving results (formerly called Ranking). Work to Google’s critera in all three departments in order to rank highly in competitive Search Engine Results Pages (SERPs).

Crawling is about making it easy for Google access and understand your site’s content. This means having a fast & reliable web server and efficient server-side scripting; meanwhile avoiding DNS errors, avoiding unhelpful robots.txt settings, robots meta tags, messy HTTP headers such as redirect loops and error 404s, etc.

Once Google has found (crawled to) your site, it may or may not understand (index) your site. If your content is all text within images, or unsemantically-programmed flash animations, or some other ill-accessible rich media format lacking textual proper alternatives, Google may struggle to fully index your content and serve it to searchers.

If search engines can find and interpret your content, the final stage in dictating how you rank in search results will involve complex algorithmic calculations and qualitative analysis. To be well served with search results pages, you should have great quality of content all-round and try to roll it out in massive quantity too.

The quality & integrity of Birmingham’s SEO companies varies immensely between ethical white-hat SEO corporations standing strong in the long run and unethical black-hat SEO tricks and scams keep catching the eye of new businesses and those unaware of Google’s Webmaster Guidelines. Most of the top ten SEO companies in Birmingham are very profitable and their methods are probably describable as “grey-hat” wishy-washy semi-ethical antics treading on thin ice through Google’s Webmaster Guidelines.

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First Amendment – Text, Origins, and Meaning

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Oct 232015

Text of Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Jeff Hunter/The Image Bank/Getty Images Origins of the First Amendment

The founding father most concerned–some might say obsessed–with free speech and free religious exercise was Thomas Jefferson, who had already implemented several similar protections in the constitution of his home state of Virginia. It was Jefferson who ultimately persuaded James Madison to propose the Bill of Rights, and the First Amendment was Jefferson’s top priority.

The first clause in the First Amendment–“Congress shall make no law respecting an establishment of religion”–is generally referred to as the establishment clause. It is the establishment clause that grants “separation of church and state,” preventing–for example–a government-funded Church of the United States from coming into being. More

The second clause in the First Amendment–“or prohibiting the free exercise thereof”–protects freedom of religion. Religious persecution was for all practical purposes universal during the 18th century, and in the already religiously diverse United States there was immense pressure to guarantee that the U.S. government would not require uniformity of belief.

Congress is also prohibited from passing laws “abridging the freedom of speech.” What free speech means, exactly, has varied from era to era. It is noteworthy that within ten years of the Bill of Rights’ ratification, President John Adams successfully passed an act specifically written to restrict the free speech of supporters of Adams’ political opponent, Thomas Jefferson. More

During the 18th century, pamphleteers such as Thomas Paine were subject to persecution for publishing unpopular opinions. The freedom of press clause makes it clear that the First Amendment is meant to protect not only freedom to speak, but also freedom to publish and distribute speech. More

The “right of the people to peaceably assemble” was frequently violated by the British in the years leading up to the American Revolution, as efforts were made to ensure that radical colonists would not be able to foment a revolutionary movement. The Bill of Rights, written as it was by revolutionaries, was intended to prevent the government from restricting future social movements.

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First Amendment – Text, Origins, and Meaning

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 Fourth Amendment  Comments Off on Fourth
Oct 222015

Fourth Amendment cases, citations, and links [Crtl+F to search]

Abel v. United States, 362 U.S. 217, 80 S. Ct. 683, 4 L. Ed. 2d 668 (1960) Adams v. Williams, 407 U.S. 143, 92 S. Ct. 1921, 32 L. Ed. 2d 612 (1972) Agnello v. United States, 269 U.S. 20, 46 S. Ct. 4, 70 L. Ed. 2d 145 (1925) Aguilar v. Texas, 378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. 2d 723 (1964) Albright v. Oliver, 510 U.S. 266, 114 S. Ct. 807, 127 L. Ed. 2d 114 (1994) Alabama v. White, 496 U.S. 325, 110 S. Ct. 2412, 110 L. Ed. 2d 301 (1990) Alderman v. United States, 394 U.S. 165, 89 S. Ct. 961, 22 L. Ed. 2d 176 (1969) Andresen v. Maryland, 427 U.S. 463, 96 S. Ct. 2737, 49 L. Ed. 2d 627 (1976) Arizona v. Evans, 514 U.S. 1, 115 S. Ct. 1185, 131 L. Ed. 2d 34 (1995) Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L. Ed. 2d 485 (2009) Arizona v. Hicks, 480 U.S. 321, 107 S. Ct. 1149, 94 L. Ed. 2d 347 (1987) Arizona v. Johnson, 555 U.S. 323, 129 S. Ct. 781, 172 L. Ed. 2d 694 (2009) Arkansas v. Sanders, 442 U.S. 753, 99 S. Ct. 2586, 61 L. Ed. 2d 235 (1979) Ashcroft v. al-Kidd, 131 S. Ct. 2074, 179 L. Ed. 2d 1149 (2011) Atwater v. City of Lago Vista, 532 U.S. 318, 121 S. Ct. 1536, 149 L. Ed. 2d 549 (2001) Bailey v. United States, 133 S. Ct. 1031, 185 L. Ed. 2d 19 (2013) Bell v. Wolfish, 441 U.S. 520, 99 S. Ct. 1861, 60 L. Ed. 2d 447 (1979) Berger v. New York, 388 U.S. 41, 87 S. Ct. 1873, 18 L. Ed. 2d 1040 (1967) Berkemer v. McCarty, 468 U.S. 420, 104 S. Ct. 3138, 82 L. Ed. 2d 317 (1984) Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971) Board of Ed. of Independent School Dist. No. 92 v. Earls, 536 U.S. 822, 122 S. Ct. 2559, 153 L. Ed. 2d 735 (2002) Bond v. United States, 529 U.S. 334, 120 S. Ct. 1462, 146 L. Ed. 2d 365 (2000) Boyd v. United States, 116 U.S. 616, 6 S. Ct. 524, 29 L. Ed. 746 (1886) Brendlin v. California, 551 U.S. 249, 127 S. Ct. 2400, 168 L. Ed.2d 132 (2007) Brigham City v. Stuart, 547 U.S. 398, 126 S. Ct. 1943, 164 L. Ed.2d 650 (2006) Brinegar v. United States, 338 U.S. 160, 69 S. Ct. 1302, 93 L. Ed. 1879 (1949) Brower v. Inyo County, 489 U.S. 593, 109 S. Ct. 1378, 103 L. Ed. 2d 628 (1989). Brown v. Illinois, 422 U.S. 590, 95 S. Ct. 2254, 45 L. Ed. 2d 416 (1975) Brown v. United States, 411 U.S. 223, 93 S. Ct. 1565, 36 L. Ed. 2d 208 (1973) Bumper v. North Carolina, 391 U.S. 543, 88 S. Ct. 1788, 20 L. Ed. 2d 797 (1968) California v. Acevedo, 500 U.S. 565, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991) California v. Greenwood, 486 U.S. 35, 108 S. Ct. 1625, 100 L. Ed. 2d 30 (1988) California v. Hodari D., 499 U.S. 621, 111 S. Ct. 1547, 113 L. Ed. 2d 690 (1991) Cady v. Dombrowski, 413 U.S. 433, 93 S. Ct. 2523, 37 L. Ed. 2d 706 (1973) Calero-Toledo v. Pearson Yacht Leasing Company, 416 U.S. 663, 94 S. Ct. 2080, 40 L. Ed. 2d 452 (1974) California v. Carney, 471 U.S. 386, 105 S. Ct. 2066, 85 L. Ed. 2d 406 (1985) California v. Ciraolo, 476 U.S. 207, 106 S. Ct. 1809, 90 L. Ed. 2d 210 (1986) Camara v. Municipal Court, 387 U.S. 523, 87 S.Ct. 1727, 18 L. Ed. 2d 930 (1967) Camreta v. Greene, 131 S. Ct. 2020, 179 L. Ed. 2d 1118 (2011) Cardwell v. Lewis, 417 U.S. 583, 94 S.Ct. 2464, 41 L. Ed. 2d 325 (1974) Carroll v. United States, 267 U.S. 132, 45 S. Ct. 280, 69 L. Ed. 2d 543 (1925) Chambers v. Maroney, 399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. 2d 419 (1970) Chandler v. Miller, 520 U.S. 305, 117 S. Ct. 1295, 137 L. Ed. 2d 513 (1997) Chapman v. United States, 365 U.S. 610, 81 S. Ct. 776, 5 L. Ed. 2d 828 (1961) Chimel v. California, 395 U.S. 752, 89 S. Ct. 2034, 232 L. Ed. 2d 685 (1969) City of Indianapolis v. Edmond, 531 U.S. 32, 121 S. Ct. 447, 148 L. Ed. 2d 383 (2000) City of Los Angeles v. Rettele, 550 U.S. 609, 127 S. Ct. 1989, 167 L. Ed. 2d 974 (2007) City of Ontario v. Quon, 560 U.S. 746, 130 S.Ct. 2619, 177 L. Ed. 2d 216 (2010) Clapper v. Amnesty International USA, 133 S. Ct. 1138, 185 L. Ed. 2d 264 (2013) Colonnade Catering Corporation v. United States, 397 U.S. 72, 90 S. Ct. 774, 25 L. Ed. 2d 60 (1970) Colorado v. Bertine, 479 U.S. 367, 107 S. Ct. 738, 93 L. 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Ed. 2d 453 (1971) Vale v. Louisiana, 399 U.S. 30, 90 S. Ct. 1969, 26 L. Ed. 2d 409 (1970) Virginia v. Moore, 553 U.S. 164, 128 S. Ct. 1598, 170 L. Ed. 2d 559 (2008) Vernonia School Dist. 47J v. Acton, 515 U.S. 646, 115 S. Ct. 2386, 132 L. Ed. 2d 564 (1995) Wallace v. Kato, 549 U.S. 1362, 127 S. Ct. 2090, 167 L. Ed. 2d 807 (2007) Walter v. United States, 447 U.S. 649, 100 S. Ct. 2395, 65 L. Ed. 2d 410 (1980) Washington v. Chrisman, 455 U.S. 1, 102 S. Ct. 812, 70 L. Ed. 2d 779 (1982) Warden v. Hayden, 387 U.S. 294, 100 S. Ct. 2124, 65 L. Ed. 2d 86 (1980) Weeks v. United States, 232 U.S. 383, 34 S. Ct. 341, 58 L. Ed. 652 (1914) Welsh v. Wisconsin, 466 U.S. 740, 104 S. Ct. 2091, 80 L. Ed. 2d 732 (1984) Whiteley v. Warden, 401 U.S. 560, 91 S. Ct. 1031, 28 L. Ed. 2d 306 (1971) Whren v. United States, 517 U.S. 806, 116 S. Ct. 1769, 135 L. Ed. 2d 89 (1996) Wilkes v. Wood, 19 Howell’s St. Tr. 1153, 98 Eng. Rep. 489 (K.B. 1763) Wilson v. Arkansas, 514 U.S. 927, 115 S. Ct. 1914, 131 L. Ed. 2d 976 (1995) Wilson v. Layne, 526 U.S. 603, 119 S. Ct. 1692, 143 L. Ed. 2d 818 (1999) Winston v. Lee, 470 U.S. 753, 104 S. Ct. 2501, 81 L. Ed. 2d 377 (1984) Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963) Wyoming v. Houghton, 526 U.S. 295, 119 S. Ct. 1297, 143 L. Ed. 2d 408 (1999) Ybarra v. Illinois, 444 U.S. 85, 100 S. Ct. 338, 62 L. Ed. 2d 238 (1979) Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971) Zurcher v. Stanford Daily, 436 U.S. 547, 56 L. Ed. 2d 525, 98 S. Ct. 1970 (1978)

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by John Wesley Hall Criminal Defense Lawyer and Fourth Amendment consultant Little Rock, Arkansas Contact / The Book Search and seizure law consulting


Fourth Amendment cases, citations, and links

Latest Slip Opinions: U.S. Supreme Court (Home) Federal Appellate Courts Opinions First Circuit Second Circuit Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit Seventh Circuit Eighth Circuit Ninth Circuit Tenth Circuit Eleventh Circuit D.C. Circuit FDsys: Many district courts FDsys: Many federal courts FDsys: Other Military Courts: C.A.A.F., Army, AF, N-M, CG State courts (and some USDC opinions)

Google Scholar Advanced Google Scholar Google search tips LexisWeb LII State Appellate Courts LexisONE free caselaw Findlaw Free Opinions To search Search and Seizure on $

Most recent SCOTUS cases: 2009 to date:

2013-14 Term: Riley v. California, granted Jan.17, argued Apr. 29 (ScotusBlog) United States v. Wurie, granted Jan.17, argued Apr. 29 (ScotusBlog) Plumhoff v. Rickard, granted Nov. 15, argued Mar. 4 (ScotusBlog) Stanton v. Sims, 134 S.Ct. 3, 187 L. Ed. 2d 341 (Nov. 4, 2013) (per curiam) Navarette v. California, granted Oct.1, argued Jan. 21 (ScotusBlog) Fernandez v. California, 134 S.Ct. 1126, 188 L. Ed. 2d 25 (Feb. 25) (ScotusBlog)

2012-13 Term: Maryland v. King, 133 S.Ct. 1958, 186 L.Ed.2d 1 (2013) (ScotusBlog) Missouri v. McNeeley, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013) (ScotusBlog) Bailey v. United States, 133 S.Ct. 1031, 185 L.Ed.2d 19 (2013) (ScotusBlog) Florida v. Harris, 133 S.Ct. 1050, 185 L.Ed.2d 61 (2013) (ScotusBlog) Florida v. Jardines, 133 S.Ct. 1409, 185 L.Ed.2d 495 (2013) (ScotusBlog) Clapper v. Amnesty International USA, 133 S.Ct. 1138, 185 L.Ed.2d 264 (2013) (ScotusBlog)

2011-12 Term: Ryburn v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (2012) (other blog) Florence v. Board of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (2012) (ScotusBlog) United States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (ScotusBlog) Messerschmidt v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (2012) (ScotusBlog)

2010-11 Term: Kentucky v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog) Camreta v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (2011) (ScotusBlog) Ashcroft v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (ScotusBlog) Davis v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011) (ScotusBlog)

2009-10 Term: Michigan v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam) (ScotusBlog) City of Ontario v. Quon, 560 U.S. 746, 130 S.Ct. 2619, 177 L.Ed.2d 216 (2010) (ScotusBlog)

2008-09 Term: Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009) (ScotusBlog) Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (ScotusBlog) Arizona v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009) (ScotusBlog) Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (ScotusBlog) Safford Unified School District #1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174 L.Ed.2d 354 (2009) (ScotusBlog)

Research Links: Supreme Court: SCOTUSBlog S. Ct. Docket Solicitor General’s site SCOTUSreport Briefs online (but no amicus briefs) Curiae (Yale Law) Oyez Project (NWU) “On the Docket”Medill S.Ct. Monitor: S.Ct. Com’t’ry:

General (many free): LexisWeb Google Scholar | Google LexisOne Legal Website Directory Crimelynx $ (criminal law/ 4th Amd) $ (4th Amd) $ F.R.Crim.P. 41 FBI Domestic Investigations and Operations Guide (2008) (pdf) DEA Agents Manual (2002) (download) DOJ Computer Search Manual (2009) (pdf)

Congressional Research Service: Electronic Communications Privacy Act (2012) Overview of the Electronic Communications Privacy Act (2012) Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012) ACLU on privacy Privacy Foundation Electronic Privacy Information Center Criminal Appeal (post-conviction) (9th Cir.) Section 1983 Blog

“If it was easy, everybody would be doing it. It isn’t, and they don’t.” Me

“Love work; hate mastery over others; and avoid intimacy with the government.” Shemaya, in the Thalmud

“A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one’s attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced.” Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev’d Nix v. Williams, 467 US. 431 (1984).

“The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence.” Mapp v. Ohio, 367 U.S. 643, 659 (1961).

Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment. Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).

“There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today.” Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).

“The great end, for which men entered into society, was to secure their property.” Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)

“It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment.” United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)

“The course of true law pertaining to searches and seizures, as enunciated here, has notto put it mildlyrun smooth.” Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).

“A search is a search, even if it happens to disclose nothing but the bottom of a turntable.” Arizona v. Hicks, 480 U.S. 321, 325 (1987)

“For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. … But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.” Katz v. United States, 389 U.S. 347, 351 (1967)

Experience should teach us to be most on guard to protect liberty when the Governments purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)

Libertythe freedom from unwarranted intrusion by governmentis as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark. United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)

“You can’t always get what you want / But if you try sometimes / You just might find / You get what you need.” Mick Jagger & Keith Richards

“In Germany, they first came for the communists, and I didn’t speak up because I wasn’t a communist. Then they came for the Jews, and I didn’t speak up because I wasn’t a Jew. Then they came for the trade unionists, and I didn’t speak up because I wasn’t a trade unionist. Then they came for the Catholics and I didn’t speak up because I wasn’t a Catholic. Then they came for meand by that time there was nobody left to speak up.” Martin Niemller (1945) [he served seven years in a concentration camp]

You know, most men would get discouraged by now. Fortunately for you, I am not most men! Pep Le Pew

“There is never enough time, unless you are serving it.” Malcolm Forbes

“The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.” Johnson v. United States, 333 U.S. 10, 13-14 (1948)

Read more here:

 Posted by at 7:45 am  Tagged with:

Free speech – OpenLearn – Open University

 Free Speech  Comments Off on Free speech – OpenLearn – Open University
Oct 192015

David Edmonds: This is Ethics Bites, with me David Edmonds.

Nigel Warburton: And me Nigel Warburton.

David: Ethics Bites is a series of interviews on applied ethics, produced in association with The Open University.

Nigel: For more information about Ethics Bites, and about the Open University, go to

David: For John Stuart Mill the limit of freedom of speech in a civilized society was roughly the point where a speaker was inciting violence. But perhaps it isn’t as simple as that. For free speech, in the well-known example, doesnt entitle us to shout “Fire! in a crowded theatre. Where then should we draw the line, and why? Tim Scanlon, Professor in Harvard Universitys philosophy department, has spent much of his career reflecting about issues of toleration and free speech. His initial writings on the topic stressed that the value of free speech lay in autonomy in particular, the right of individuals to have access to information so as to be able to think for themselves. Now he has a more nuanced view which takes into account the interests of both speaker and listener, and empirical considerations about the danger of granting powers of regulation to the state.

Nigel: Tim Scanlon, welcome to Ethics Bites.

Tim Scanlon: Im glad to be here. Thank you very much.

Nigel: Now the topic were focusing on today is free speech. Presumably youre an advocate of free speech at some level, but lets start by getting clear what do we mean by free speech?

Tim: By free speech I mean the need for restrictions on the way in which governments can regulate speech. Whether speech is free in a further sense, that is whether people have opportunities, is a very important thing, but its not the issue of free speech.

Nigel: Thats really interesting, because you immediately began by talking about regulation and controlling what can be said.

Tim: Well certainly speaking is not without costs: what people can say can cause injury, can disclose private information, can disclose harmful public information. Its not a free zone where you can do anything because nothing matters. Speech matters. But because it matters its very important that governments who want to regulate speech, for example to prevent things that would be embarrassing to politicians, or otherwise upset the government, its important that that power should be restricted.

Nigel: The word speech seems to imply something spoken, but clearly speech stands for expression here, its not just speech is it?

Tim: No, its not just speech. In one respect, what defines our thinking about free speech is not the particular acts that constitute speech, but rather the reasons one has for wanting other people to notice for wanting to make some kind of communication with others. Speech is just one way of doing it. How you dress, how you act in public. All those things can signal to other people your values, what kind of life you favour, and the fact that the way you act, as well as the way you speak, can signal those things provide reasons for other people to want to prevent you from doing those things – because they dont want those signals to be out there in the public space. The question of free speech is the question of how that impulse to regulate what can be out there in the public space need itself be controlled.

Nigel: Ok, well lets think about the justifications for controlling free speech. Youve devoted quite a lot of your life to thinking philosophically about the limits of toleration. Whats the philosophical underpinning of your position?

Tim: Well one philosophical underpinning in driving any of this has to be understanding the reasons why people should care about having these opportunities that might be restricted. I began by talking about how free speech has to do with limitations on government power. But of course the value thats at stake is affected by things other than what the government does, its also affected by how corporations can control access to television and other important media. So here we have two sides. On the one hand, philosophically one of the first things you want to do in understanding free speech is to understand what are the values that are at stake, why should we care about it? Thats much broader than the question of government regulation. On the other hand, if you think mainly in terms of constitutional provisions, restrictions on the law, there were talking particularly about government.

Nigel: Often people talk about free speech as arising from individual autonomy. We should have a freedom to be who we are and to express ourselves in the way that we wish to. Its a basic right of humans to express themselves…

Tim: I dont know if I want to say its a basic right. I want to say that people have reasons, all kinds of reasons, to want to be able to express themselves. Although when were talking about the permissible limits on speech we need to focus not only on the interests that people have in wanting to get their own ideas out there, but also the interests that people have as potential audience members to have access to what other people want to say. Philosophical discussions of the topic divide, to some extent, as to whether they focus mainly on speaker values or audience values, and I think its important to take both into account.

Nigel: OK, well with speaker values the justification tends to be in terms of autonomy; but with audience values we start talking about the consequences for the audience. The classic case there is with John Stuart Mill talking about the limits of free speech being set at the point where you harm another individual.

Tim: Thats true although, in a way, autonomy based views on the whole tend to focus on audience values – because its the audience who wants to have access to information to make up their minds. In so far as autonomy refers to the interests we have in being able to form our own opinions about how to live, what to do, how to vote, an autonomy based view tends to focus on audience values. By and large we think of speakers as already knowing what they want and what they value, and wanting to express it. Thats a kind of freedom: but it may not be helpful to call it autonomy. In general, its a case of once burnt twice shy. That is, having originally in my first publication given a theory of free speech that focused on autonomy, Ive since come to think that its a word thats probably a good idea to avoid. Because it can mean so many different things. On the one hand it can mean freedom, that is the ability to do things, on the other hand it can be a particular value, or in Kants case a particular inner power. Its a misused word so I like to avoid it.

Nigel: Perhaps it would be easier to focus on a particular case to bring out the sort of considerations that are relevant here. If we take the case of people expressing contempt for a particular racial group – some people might argue that is a consequence of free speech that people should be allowed to say offensive things. How would you approach that case.

Tim: Well there seems to be a divide on this across different countries. That is, in the United States the law and much of academic opinion is much more in favour of the idea that free speech is incompatible with having laws that ban speech simply because theyre offensive – laws for incitement against racial hatred or expressing contempt for other groups are by and large held to be unconstitutional in the United States whereas in Britain, France, Canada, laws are quite different.

Now Im in this sense typical of my country. Im inclined to be rather suspicious of laws that restrict speech on the grounds that it gives offence to a particular group. Not that I favour speech that does that, I think its terrible; the question is whether you want to have a law that restricts it. And the natural question is why on earth shouldnt you? After all it does harm people. Immigrant groups, racial minorities, are in a vulnerable position vulnerable because they suffer from status harm. Widespread opinion that they are in some way inferior, ought not to be associated with, ineligible for various jobs, and so on.

So why shouldnt speech that supports and perpetuates those attitudes be restricted? The problem is that there are so many ways in which speech can be offensive to different people, that if we start allowing offence to be a ground for restriction its very easy to generalise it, and the restrictions on speech, particularly on political speech, become too tight in my opinion.

Now theres an empirical question here, and I think the jury is out. Canada has laws against speech that foments racial hatred, and Britain does, and so on. So against the free speech advocates of my sort you can say, well they have these laws, the sky hasnt fallen. Political speech continues. On the other hand race relations havent improved much either. So the jury is to some degree out. And with respect to the UK I think its fair to say that a somewhat greater tolerance for restrictions on expression hasnt served the political culture well. Theres also much more tolerance of restrictions on disclosures of official secrets and so on and I think these havent helped political discussion in the UK. So I think the US has benefited to some degree to what might seem to some people an overly rigorous protection of free speech.

Nigel: That strikes me as a slippery slope argument: the idea that you cant take one step down the slope without ending up at the bottom. So you cant take one step by restricting certain sorts of hateful speech because the consequence will be that all kinds of other sorts of speech will be restricted.

Tim: Well in the first instance its not a slippery slope argument. It is a question about what would be the effect of having that particular restriction. So I think the case turns on that. I then move to saying if you look more generally, the more permissive attitude towards restrictions on speech hasnt been a good thing. The view of free speech that Ive come to does give a heavy weight to calculations of that kind. The question is, is a particular regulatory power, the power to restrict speech on certain grounds, is that a power we can give to government without placing important speaker and audience interests unacceptably at risk? Thats the question. And the view that there is a right to speak in certain ways comes down to the claim that if the government were allowed to prevent speech of that kind that would be a dangerous power, that we shouldnt allow, because the values of being able to speak and the values of being able to have access wouldnt be adequately served; and thats an empirical question which powers are dangerous, but thats my view.

Nigel: And the danger that youre speaking of, is that the danger that effective government wont be possible because there wont be sufficient airing of different views?

Tim: Thats one value. That is preserving the kind of opportunity to speak and influence people, and the kind of opportunity on the part of voters to be informed that we need to have a functioning democracy. Thats certainly one value. But there are also more personal values. People have good reason outside of politics to want to be able to influence the development of their society culturally, to express their attitudes about sex about art about how to live. Audiences benefit from having access to these expressions. We want to hear a diversity of views.

On the other hand people want to protect what the dominant attitudes in society are. They dont want people to express permissive attitudes towards sex or attitudes about religion that they disagree with, because that may cause the culture to evolve in ways in which they would prefer it didnt evolve. We all have feelings of that kind; I dont think its just these awful intolerant people. I feel that my society places a greater emphasis on sex, sexual attractiveness and so on than would be desirable. I dont like living in a society thats saturated with these feelings; but thats the price of living in a free society.

I also think religion is growing in its influence and so the sense that one ought to be religious or pay deference to religion is growing in strength in the United States, from my point of view that doesnt make it a society more like the one I would like to live in. But thats the price of living in a free society. There are these ebbs and flows of cultural opinion and if you want to live on terms of freedom with other people you have to be willing to accept the society that results from everybody having access to a public space you just have to accept it.

Nigel: I can see how censoring somebodys political opinions might be dangerous to good government. But censoring somebodys freedom to print pornographic images for instance, how can that harm good government?

Tim: My point in my answer to your last question was that providing the conditions necessary for good government isnt the only thing thats at stake in free speech. People who have views about, say, particular sexual relations, want to be able to express this not only as a matter of self expression, but they want to be in contact with other people who have similar views. And when regulation of that kind of expression is allowed the first thing thats likely to happen is that the minority views of this are the most likely to get restricted, and I think thats a cost. I dont like living in a society where there’s lots of pornography and people very interested in that, but, youve got to live with it.

Nigel: Another area where its difficult to see where to draw the line is with factual information that could be used in terrorist activity. So for instance if somebody wants to publish the details of how to make a certain kind of bomb on the internet, is it appropriate to censor them?

Tim: I think it is. I dont think we dont have an interest in access to information about how to manufacture bombs which is parallel to our interest to wanting to have information about what the government is actually doing, or to be able to communicate with others about sexual, moral or religious matters. So I dont think theres a similar threat to our interests as potential speakers or to our interests as audiences who want to be able to form our opinion about things if technical information about armaments and explosives is restricted.

The main worry there seems to me to be at the margin; whether some kinds of information about technical questions about military armaments become important political things that we need to know about. Like we need to know whether a missile defence system would actually work! Now theres a fair amount of distance between having a recipe for making nerve gas at home and having some information about how well the governments attempt to build a missile defence system have actually worked. But in between, there might be a worry. But on the whole Im relatively comfortable with the idea that technical information about the production of armaments is something that its permissible to regulate.

Nigel: Weve talked quite a lot about the differences between the law in the States and the UK, Im intrigued to know whether you think that the kinds of principles that you come up with in your philosophy are universalizable across societies and countries, or whether they are restricted to the particular circumstances of particular countries at particular times?

Tim: On the whole I come down on the universal side. I once had an experience speaking to a seminar that involved people from 27 different countries, academics and non academics. And theyd asked for a presentation on free speech. So I said the question of free speech is the question of whether the power to regulate speech in a certain way is the power that its too dangerous for governments to have. And thats a question of whether, if they had that power, the interests of speakers or audiences would be unduly restricted. And those who believe in free speech also have to believe that we should forbid governments from having this power at acceptable cost. And in the discussion, people all objected; they said your discussion entirely focused on things in the United States. It maybe alright in the United States to prevent the government from restricting speech, but that wouldnt work in India, someone said. Because in India if you allowed people to say certain things, then some people would riot. And a Turkish man said, a man in our law school thinks that bourgeois rights are nonsense, and obviously he cant be allowed to say that kind of thing; but you dont have that problem in the United States. The effect of this discussion was to reinforce my universalist tendencies and to think that things arent that different all over. Because, of course, exactly those questions come up in almost any society.

Now of course societies vary; the risks may be greater in some societies than in others. But on the whole theres a lot of commonality there. As far as the question of riots is concerned, this is whats known in the United States legal arguments as the hecklers veto. If you allow the threat of a riot to be a reason to prevent somebody from speaking all a group has to do to stop somebody from speaking is to threaten to riot. So the first response of the State has to be to stop the riot or put the speech in a venue where it can be protected; those are things the state can do.

Places where people dont believe in free speech, I think they dont believe in free speech largely for the reasons Ive just mentioned, they may think, well in a stable society its ok, but for us the risks are too great. Its possible that sometimes theyre right about that, but on the whole I think its a matter of not having enough faith in your fellow citizens and being too worried about what the consequences will be. Of course its in the interests of governments to encourage these fears, because its in the interests of governments to be able to regulate speech. Not because theyre evil, but just because theyre people who have their objectives and they want to be able to pursue those objectives in what seems to be the most effective way. Governments everywhere have reason to want to restrict speech; so everywhere we need laws to prevent them from doing that.

Nigel: Free speech is one of those ideas that people are prepared to die for. How would you place free speech relative to other important rights or ideas that animate people in political situations?

Tim: Well free speech first has a particular instrumental value, because its very important as a way of preventing other kinds of rights violations. People can be imprisoned in secret and one of the best ways of trying to stop that kind of thing is to try to bring it into the public sphere where political opposition can be mobilised. So freedom of speech has an important instrumental role in protecting other rights. There are cases where freedom of speech can seem to conflict with other rights. For example the right to a fair trial. In order to have a fair trial we need to prevent people from being convicted in advance in the press, so the jury cant be convened that won’t already have made up its mind about guilt. That is a clash.

When there is a clash of values of that kind one has to try to work out a strategy to deal with it. I think on the whole, by sequestering juries, by allowing defence attorneys to examine juries in advance and to ask them about their prejudices, on the whole I think one can protect the right to a fair trial, without placing many restrictions on what can be said. I dont want to say there is never a conflict, there can be, but I think on the whole its possible to work them out.

Nigel: Tim Scanlon, thank you very much.

Tim: Thank you, its been a pleasure talking with you.

David: Ethics Bites was produced in association with The Open University. You can listen to more Ethics Bites on, where youll also find supporting material, or you can visit to hear more philosophy podcasts.

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Can A Human Be Frozen And Brought Back To Life? – Zidbits

 Cryonics  Comments Off on Can A Human Be Frozen And Brought Back To Life? – Zidbits
Oct 162015

Can A Human Be Frozen And Brought Back To Life?

We see it all the time in movies. A person gets frozen or put in cryosleep and then unfrozen at a later date with no aging taking place, or other ill effects.

Sometimes this happens on purpose, like to someone with an incurable disease hoping a cure exists in the future, or sometimes by accident, like someone getting frozen in a glacier.

The science behind it does exist and the application of the practice is called cryonics. Its a technique used to store a persons body at an extremely low temperature with the hope of one day reviving them. This technique is being performed today, but the technology behind it is still in its infancy.

Someone preserved this way is said to be in cryonic suspension. The hope is that, if someone has died from a disease or condition that is currently incurable, they can be frozen and then revived in the future when a cure has been discovered.

Its currently illegal to perform cryonic suspension on someone who is still alive. Those who wish to be cryogenically frozen must first be pronounced legally dead which means their heart has stopped beating. Though, if theyre dead, how can they ever be revived?

According to companies who perform the procedure, legally dead is not the same as totally dead. Total death, they claim, is the point at which all brain function ceases. They claim that the difference is based on the fact that some cellular brain function remains even after the heart has stopped beating. Cryonics preserves some of that cell function so that, at least theoretically, the person can be brought back to life at a later date.

After your heart stops beating and you are pronounced legally dead, the company you signed with takes over. An emergency response team from the facility immediately gets to work. They stabilize your body by supplying your brain with enough oxygen and blood to preserve minimal function until you can be transported to the suspension facility. Your body is packed in ice and injected with an anticoagulant to prevent your blood from clotting during the trip. A medical team is on standby awaiting the arrival of your body at the cryonics facility.

After you reach the cryonics facility, the actual freezing can begin.

They could, and while youd certainly be frozen, most of the cells in your body would shatter and die.

As water freezes, it expands. Since cells are made up of mostly water, freezing expands the stuff inside which destroys their cell walls and they die. The cryonics companies need to remove and/or replace this water. They replace it with something called a cryoprotectant. Much like the antifreeze in an automobile. This glycerol based mixture protects your organ tissues by hindering the formation of ice crystals. This process is called vitrification and allows cells to live in a sort of suspended animation.

After the vitrification, your body is cooled with dry ice until it reaches -202 Fahrenheit. After this pre-cooling, its finally time to insert your body into the individual container that will be placed into a metal tank filled with liquid nitrogen. This will cool the body down to a temperature of around -320 degrees Fahrenheit.

The procedure isnt cheap. It can cost up to $200,000 to have your whole body preserved. For the more frugal optimist, a mere $60,000 will preserve your brain with an option known as neurosuspension. They hope the technology in the future will allow them to clone or regenerate the rest of the body.

Many critics say the companies that perform cryonics are simply ripping off customers with the dream of immortality and they wont deliver. It doesnt help that the scientists who perform cryonics say they havent successfully revived anyone, and dont expect to be able to do so anytime soon. The largest hurdle is that, if the warming process isnt done at exactly the right speed and temperature, the cells could form ice crystals and shatter.

Despite the fact that no human placed in a cryonic suspension has yet been revived, some living organisms can be, and have been, brought back from a dead or near-dead state. CPR and Defibrillators can bring accident and heart attack victims back from the dead daily.

Neurosurgeons often cool patients bodies so they can operate on aneurysms without damaging or rupturing the nearby blood vessels. Human embryos that are frozen in fertility clinics, defrosted and implanted in a mothers uterus grow into perfectly normal human beings. Some frogs and other amphibians have a protein manufactured by their cells that act as a natural antifreeze which can protect them if theyre frozen completely solid.

Cryobiologists are hopeful that nanotechnology will make revival possible someday. Nanotechnology can use microscopic machines to manipulate single atoms to build or repair virtually anything, including human cells and tissues. They hope one day, nanotechnology will repair not only the cellular damage caused by the freezing process, but also the damage caused by aging and disease.

Some cryobiologists have predicted that the first cryonic revival might occur as early as year 2045.

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NATO chief: Russian incursions into Turkish airspace no …

 NATO  Comments Off on NATO chief: Russian incursions into Turkish airspace no …
Oct 072015

Published October 06, 2015

NATO Secretary General Jens Stoltenberg listens to questions from journalists during a media conference at NATO headquarters in Brussels on Tuesday, Oct. 6, 2015. NATO defense ministers will meet on Thursday, Oct. 8, 2015 to discuss, among other issues, the situation after a Russian fighter jet entered Turkish airspace from Syria over the weekend. (AP Photo/Virginia Mayo)(The Associated Press)

NATO Secretary General Jens Stoltenberg speaks during a media conference at NATO headquarters in Brussels on Tuesday, Oct. 6, 2015. NATO defense ministers will meet on Thursday, Oct. 8, 2015 to discuss, among other issues, the situation after a Russian fighter jet entered Turkish airspace from Syria over the weekend. (AP Photo/Virginia Mayo)(The Associated Press)

NATO Secretary General Jens Stoltenberg speaks during a media conference at NATO headquarters in Brussels on Tuesday, Oct. 6, 2015. NATO defense ministers will meet on Thursday, Oct. 8, 2015 to discuss, among other issues, the situation after a Russian fighter jet entered Turkish airspace from Syria over the weekend. (AP Photo/Virginia Mayo)(The Associated Press)

In this photo taken on Saturday, Oct. 3, 2015, Russian SU-24M jet fighter armed with laser guided bombs takes off from a runaway at Hmeimim airbase in Syria. The skies over Syria are increasingly crowded, and increasingly dangerous. The air forces of multiple countries are on the attack, often at cross purposes in Syrias civil war, sometimes without coordination and now, it seems, at risk of unintended conflict. The latest entry in the air war is Russia. It says it is bombing the Islamic State in line with U.S. priorities, but the U.S. says Russia is mainly striking anti-government rebels in support of its ally, President Bashar Assad. The Russians, who are not coordinating with the Americans, reportedly also have hit U.S.-supported rebel groups. (AP Photo/Alexander Kots, Komsomolskaya Pravda, Photo via AP)(The Associated Press)

In this photo taken on Monday, Oct. 5, 2015, a Russian pilot fixes an air-to-air missile at his Su-30 jet fighter before a take off at Hmeimim airbase in Syria. NATO also strongly criticized the Russian air campaign in Syria that began Wednesday. (AP Photo/Dmitry Steshin, Komsomolskaya Pravda, Photo via AP)(The Associated Press)

BRUSSELS NATO’s secretary-general has rejected Moscow’s claim that its military incursion into alliance airspace over Turkey wasn’t intentional or important, saying there were two separate incidents and “the violation lasted for a long time.”

Jens Stoltenberg, the NATO chief, told a news conference in Brussels on Tuesday the reported incidents were “very serious.”

Stoltenberg added, “It doesn’t look like an accident, and we’ve seen two of them over the weekend.”

On Monday, NATO ambassadors met in special session and condemned what they termed Russia’s “irresponsible behavior.”

The ambassadors also called on Russia to cease such practices.

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Islands (restaurant) – Wikipedia, the free encyclopedia

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Oct 052015

Islands Fine Burgers & Drinks (also known as Islands) is a casual dining restaurant chain that specializes in hamburgers and specialty drinks, fries that are made fresh every day, with a tropical theme. Despite its hamburger and fries “specialty”, various other types of food are offered.

Entrees such as tacos, chicken sandwiches, and multiple entree salads, are available, as well as appetizers, including cheddar fries, chips and salsa, spinach-artichoke dip, and a choice of two major desserts; a fudge brownie ice cream sundae known as the “Chocolate Lava,” and a coffee ice cream mud pie, “Kona Pie.” Islands is known for catering to the requests of its guests, and many changes to their menu have been made at customer suggestion. Examples include including a small order of Islands’ fries with any burger (or chicken or tuna sandwich), offering low-calorie entrees to promote lighter eating, and personal-sized desserts.

The company is based in Carlsbad, California.[1] It does not franchise out locations.[2]

The company was founded in 1982 by entrepreneur Tony DeGrazier in West Los Angeles and currently has more than 50 locations in California, Arizona, Nevada, and Hawaii.[3]

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Charlotte SEO Experts | #1 Experts in Digital Marketing

 SEO  Comments Off on Charlotte SEO Experts | #1 Experts in Digital Marketing
Oct 052015

Were an SEO company based in Charlotte, North Carolina (as if the name wasnt obvious enough, eh?)

We offer a range of services to our clients, including:

What is SEO?

We learned SEO from the Miami SEO gurus, Webris ( Yes, we like them so much that we even gave them a link on OUR HOMEPAGE!

Webris is owned by Ryan Stewart, a digital marketing whiz with over 10 years of experience working as one of the best SEO companies in Miami.

SEO is the process of improving your websites rankings in search engines. This is extremely important because of the amount of online traffic and searches that take place on a daily basis.

For example Charlotte SEO services gets typed into Google 1,000 times EACH MONTH! Imagine the power of ranking first for that search team because those are people that are seeking your exact services.

The process is difficult. We first need to do a thorough on page evaluation of your website. Then we need to check the HTML and coding to make sure that everything is OK.

After that we begin by creating social media signals on networks like Facebook, Twitter and Pinterest. These are extremely important and should NOT be overlooked because of the impact that social media has on our every day lives. Search engines are reading these signals with increasing importance and weight.

Next comes the most debated part link building. We offer white hat link building services that get the web taking note of your website. Some of these include Press releases, web 2.0s, directory submissions and a variety of other link building tactics. We also utilize partner websites to build high quality links on there as well.

After that we build up your website and make it look fancy so when actual visitors come to your website, they will convert from clicks to customers. At the end of the day, all we want is them to pick up the phone and call you and that is EXACTLY what we will do for you.

We like to keep our website short and to the point. If you have any questions, please browse our services page or contact us directly. Please give us up to 48 business hours to respond to your questions, as we are very busy.

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Beaches : NYC Parks

 Beaches  Comments Off on Beaches : NYC Parks
Oct 022015

Activities and Facilities > Beaches

Parks maintains 14 miles of beaches, which open Memorial Day weekend. Cedar Grove and Wolfe’s Pond beaches close on Labor Day, all other beaches are open throughSunday, September 13. During beach season, lifeguards are on duty daily, from 10 a.m. to 6 p.m. Swimming is prohibited when lifeguards are not on duty and in closed sections. Closed sections are marked with signs and/or red flags.

This year, for the first time, beach season has been extended an additional week! Most city beaches are open for swimming with limited service. Check the service changes at your beach below to plan your trip. Cedar Grove and Wolfes Pond beaches close on Labor Day.

Visit the Rockaway Beach Restoration page for more information about plans for long-term protection for Rockaway.

Sign up for Notify NYC, visit the NYC Department of Health and Mental Hygienes New York City Area Beaches page for water quality advisories or closures before you head to the beach, or text BEACH to 877-877 to receive real-time opening, closing and water quality information.

On Atlantic Ocean, from Ocean Parkway to Corbin Place, Brooklyn (718) 946-1350

This bustling and popular beach next door to Coney Island is popular all summer long, as individuals and families from all over the city come to enjoy the beachs sand and water and to…

Brighton Beach Details

Ebbitts Street and Cedar Grove Avenue, Staten Island (718) 351-6387

The city’s newest beach is a converted oceanfront bungalow colony. This charming beach with its clear views of the Manhattan Bridge is smaller and somewhat more tranquil than its neighbors,…

Cedar Grove Beach Details

Portions of the boardwalk are closed to reconstruct the street ends of Brighton 2nd Street and West 33rd Street in Coney Island, Brooklyn in order to provide new ADA compliant ramps to the boardwalk, sitting areas, new planted areas and lighting.

On Atlantic Ocean, from W. 37th Street to Ocean Parkway, Brooklyn (718) 946-1350

Iconic Coney Island is bursting with activity throughout the summer and even during the off-season. Walk along the famous boardwalk, ride on amusement rides, enjoy swimming or sunbathing on its…

Coney Island and Coney Island Boardwalk Details

On Atlantic Ocean, Oriental Blvd., from Ocean Avenue to Mackenzie Street, Brooklyn (718) 946-1373

This small, family-friendly beach east of Brighton Beach attracts locals looking for a somewhat calmer beach than its neighbor. Visitors bring full picnic baskets and set up barbecues along the…

Manhattan Beach Details

On Lower New York Bay, from Fort Wadsworth to Miller Field, Midland Beach, Staten Island (718) 987-0709

Midland Beach shares the Franklin D. Roosevelt Boardwalk with neighboring South Beach, and tends to be the somewhat less crowded of the two beaches. The beach’s attractions include a playground…

Midland Beach and Franklin D. Roosevelt Boardwalk Details

On Long Island Sound in Pelham Bay Park, Bronx (718) 885-2275

Orchard Beach, Bronx’s sole public beach, was proclaimed “The Riviera of New York” when it was created in the 1930s. The 115-acre, 1.1-mile-long beach contains a hexagonal-block…

Orchard Beach and Promenade Details

On Atlantic Ocean, from Beach 9th Street, Far Rockaway, to Beach 149th Street, Neponsit, Queens (718) 318-4000

From surfers to swimmers to the Ramones, everyone wants to “hitch a ride to Rockaway Beach.” Rockaway Beach is a year-round resource for residents all along the Rockaway peninsula, and it comes…

Rockaway Beach and Boardwalk Details

On Lower New York Bay, from Fort Wadsworth to Miller Field, Midland Beach, Staten Island

Beachgoers can sunbathe while taking in a lovely view of the Verazzano Bridge, bike through a scenic trail, jog along the boardwalk, kayak, play tennis, or fish off of the Ocean Breeze Fishing…

South Beach Details

On Raritan Bay and Prince’s Bay, Holton to Cornelia Avenues, Staten Island (718) 984-8266

Wolfe’s Pond Beach Details

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Beaches : NYC Parks

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Fourth Amendment | Wex Legal Dictionary / Encyclopedia | LII …

 Fourth Amendment  Comments Off on Fourth Amendment | Wex Legal Dictionary / Encyclopedia | LII …
Sep 242015



The Fourth Amendment of the U.S. Constitution provides, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The ultimate goal of this provision is to protect peoples right toprivacy and freedom from arbitrary governmentalintrusions. Private intrusions not acting in the color of governmental authority areexempted from theFourth Amendment.

To havestanding to claim protection under the Fourth Amendment, one mustfirst demonstrate an expectation of privacy, which is not merely a subjective expectation in mindbut an expectationthat society is prepared to recognized as reasonable under the circumstances. For instance, warrantless searches ofprivate premises are mostly prohibited unless there are justifiable exceptions; on the other hand,a warrantless seizure of abandoned property usually does not violate the Fourth Amendment. Moreover, the Fourth Amendment protection does not expand to governmental intrusion and information collection conducted upon open fields. AnExpectation of privacy in an open field is not considered reasonable. However, there are some exceptions where state authorities granted protection to open fields.

A bivens action can be filed against federal law enforcement officials for damages resulting from an unlawful search and seizure. States can always establish higher standards for searches and seizures than theFourth Amendmentrequires, but states cannot allow conduct that violates the Fourth Amendment.

The protection under the Fourth Amendment can be waived if one voluntarily consents to or does not object to evidence collected during a warrantless search or seizure.


The courts must determine what constitutes asearchorseizureunder theFourth Amendment. If the conduct challenged does not fall within theFourth Amendment, the individualwill not enjoy protection under Fourth Amendment.

A. Search

A search under Fourth Amendment occurs when a governmental employee or agent of the government violates an individual’s reasonableexpectation of privacy.

Strip searches and visual body cavity searches, including anal or genital inspections, constitute reasonable searches under theFourth Amendment when supported by probable cause and conducted in a reasonable manner.

Adog-sniff inspectionis invalid under theFourth Amendmentif the the inspection violates areasonable expectation of privacy. Electronic surveillance is also considered a search under theFourth Amendment.

B. Seizure of a Person

A seizure of a person, within the meaning of theFourth Amendment, occurs when the police’s conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is notfree to ignore the police presence and leave at hiswill.

Two elements must be present to constitute a seizure of a person. First, there must be a show of authority by the police officer. Presence of handcuffs or weapons,the use of forceful language, andphysical contact are each strong indicators of authority. Second, the person being seized must submit to the authority. An individualwho ignores the officers request and walks away has not been seized for Fourth Amendment purposes.

An arrest warrant is preferred but not required to make alawful arrest under theFourth Amendment. A warrantless arrest may be justified whereprobable cause and urgent need are presentprior to the arrest. Probable cause is present when the police officer has a reasonable beliefin the guilt of the suspect based on the facts and information prior to the arrest. For instance, a warrantless arrest may be legitimate in situations where a police officer has a probable belief that a suspect has either committed a crime or is a threat to the public security. Also, apolice officer might arrest a suspect to prevent the suspects escape or to preserve evidence. A warrantless arrest may be invalidatedif the police officer failsto demonstrate exigent circumstances.

The ability to makewarrantless arrests are commonly limited by statutes subject to the due process guaranty of theU.S. Constitution. A suspect arrested without a warrant is entitled toprompt judicial determination, usually within 48 hours.

There are investigatory stops that fall shortof arrests, but nonetheless, theyfall within Fourth Amendmentprotection.For instance, police officers can perform aterry stop or a traffic stop. Usually, these stops provide officers with less dominion and controlling power and impose less of an infringement of personal liberty for individual stopped. Investigatory stops must be temporary questioning for limited purposes and conducted in a manner necessary to fulfill the purpose.

Anofficers reasonable suspicion is sufficient to justify brief stops and detentions. To determine if the officer has met the standard to justify the seizure, the court takes into account the totality of the circumstances and examines whether the officer has a particularized and reasonable belief for suspecting the wrongdoing. Probable cause gained during stops or detentions might effectuate a subsequent warrantless arrest.

C. Seizure of Property

A seizure of property, within the meaning of theFourth Amendment, occurs when there is some meaningful interference with anindividuals possessory interests in the property.

In some circumstances, warrantless seizures of objects in plain view do notconstitute seizures within the meaning of Fourth Amendment. When executing a search warrant, an officer might be able to seize an item observed in plain view even if it is not specified in the warrant.


A search or seizure is generally unreasonable and illegal without a warrant, subject to only a few exceptions.

To obtain a search warrant or arrest warrant, the law enforcement officer must demonstrate probable causethata search or seizure is justified. Anauthority, usually a magistrate, will consider the totality of circumstances and determine whether to issue the warrant.

The warrant requirement may be excused in exigent circumstances if an officer has probable cause and obtaining a warrant is impractical. For instance, in State v. Helmbright 990 N.E.2d 154, Ohiocourt held that awarrantless search of probationer’s person or place of residence complies with the Fourth Amendment if the officer who conducts the search possesses reasonable grounds to believe that the probationer has failed to comply with the terms of hisprobation.

Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.

There is no general exception to theFourth Amendment warrant requirement in national security cases. Warrantless searches are generally not permitted in exclusively domestic security cases. In foreign security cases, court opinions might differ on whether to accept the foreign security exception to warrant requirement generallyand, if accepted, whether the exception should include bothphysical searches and electronic surveillance.


All searches and seizures under Fourth Amendment must be reasonable. No excessive force shall be used. Reasonableness is the ultimate measure of the constitutionality of a search or seizure.

Searches and seizures with a warrant satisfy the reasonableness requirement. Warrantless searches and seizures are presumed to be unreasonable unless they fall within a few exceptions.

In cases of warrantless searches and seizures, the court will try to balance the degree of intrusion on the individuals right toprivacy and the need to promote government interests and special needs. The court will examine the totality of the circumstances to determine if the search or seizure was justified. When analyzingthe reasonableness standard, the court uses an objective assessment and considers factors including the degree of intrusion by the search or seizure andthe manner in which the search or seizure is conducted.


Under the exclusionary rule, any evidence obtained inviolation of theFourth Amendmentwill be excluded from criminal proceedings. There are a few exceptions to this rule.


In recent years, the Fourth Amendment’s applicability inelectronic searches and seizures has received much attention from the courts. With the advent of the internet and increased popularity of computers, there has been anincreasing amount of crime occurring electronically. Consequently, evidence of such crime can often be found on computers, hard drives, or other electronic devices. TheFourth Amendment applies to the search and seizure ofelectronic devices.

Many electronic search cases involvewhether law enforcement can search a company-owned computer that an employee uses to conduct business. Although the case law is split, the majority holds that employees do not have a legitimate expectationof privacy with regard to information stored on a company-owned computer. In the 2010 case ofCity of Ontario v. Quon (08-1332), the Supreme Court extended this lack of an expectation of privacy to text messages sent and received on an employer-owned pager.

Lately, electronic surveillance and wiretapping has also caused a significant amount of Fourth Amendment litigation.


Following the September 11, 2001 attacks on the World Trade Center and the Pentagon, Congress and the President enacted legislation to strengthen the intelligence gathering communitys ability to combat domestic terrorism. Entitled the USA Patriot Act, the legislations provisions aimed to increase the ability of law enforcement to search email and telephonic communications in addition to medical, financial, and library records.

One provision permitslaw enforcement to obtain access to stored voicemails by obtaining a basic search warrant rather than a surveillance warrant. Obtaining a basic search warrantrequires a much lower evidentiary showing. A highlycontroversial provision of the Act includespermission for law enforcement to use sneak-and-peak warrants. A sneak-and-peak warrant is a warrant in which law enforcement can delay notifying the property owner about the warrants issuance. In an Oregon federal district court case that drew national attention, Judge Ann Aiken struck down the use of sneak-and-peak warrants as unconstitutional and inviolation of the Fourth Amendment. See 504 F.Supp.2d 1023 (D. Or. 2007).

The Patriot Act also expanded the practice of using National Security Letters (NSL). An NSL is an administrative subpoena that requires certain persons, groups, organizations, or companies to provide documents about certain persons. These documents typically involve telephone, email, and financial records. NSLs also carry a gag order, meaningthe person or persons responsible for complying cannot mention theexistence of the NSL. Under the Patriot Act provisions, law enforcement can use NSLs when investigating U.S. citizens, even when law enforcement does not think the individual under investigation has committed a crime. The Department of Homeland Security has used NSLs frequently since its inception. By using anNSL, an agency has no responsibility to first obtain a warrant or court order before conducting its search of records.

See constitutional amendment.

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Illuminati – News, Updates, Images & Quotes

 Illuminati  Comments Off on Illuminati – News, Updates, Images & Quotes
Sep 232015

Status message You are currently viewing our site as a guest which gives you limited access to view most discussions, videos and photo galleries. By joining our free community you will have access to post topics, communicate privately with other users, upload videos and photos in your own photo album and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! Articles (7) Illuminati Cliff Notes By admin 3 years 1 week ago

Cliffs notes for those who care: Illuminatti was started by Adam Weishaupt in the 1760s, who was financed by the recently reorganized and consolidated House of Rothschild, the largest len…

“The question of how and why the United Nations is the crux of the great conspiracy to destroy the sovereignty of the United States and the enslavement of the American people within a U.N. o…

The leader of the Earths Illuminati is called the “Pindar”. The Pindar is a member of one of the 13 ruling Illuminati families, and is always male. The title, Pindar, is an abbreviated ter…

Compartmentalization has been a key instrument in keeping people away from information that would make them free to discover the truth. The less information people have to go off, the smalle…

The illuminati Big Brother is listening the illuminati Big Brother wants you, and the illuminati Big Brother actually already has you under his full surveillance. But we still accept this fa…

In the Preface to “Brave New World,” (1932) Aldous Huxley wrote: “As political and economic freedom diminishes, sexual freedom tends correspondingly to increase. And the dictator will do…

This article illustrates a few key distinguishing factors between you and the Illuminati….

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An SEO Driven Approach To Content Marketing: The Complete …

 SEO  Comments Off on An SEO Driven Approach To Content Marketing: The Complete …
Sep 232015

Should you be worried about SEO on your content marketing blog?

In recent months, the necessity of search engine optimization has come under major fire. AsGoogle released their Panda and Penguin algorithms we all saw a major reduction in search spam, and an almost overnight, we began noticing major changes in the type of content we saw in our own search results.

Long time SEO Jill Whalen, is now internet famous for quitting her career as an SEO following these major announcements. Google works now said Jill, thismeans, my friends, that my work here is done.

What does she mean? Is SEO really dead?

As is often the case, nothing is really dead. SEO has changed, dramatically, and as Jill points out, this is a good thing. The good news for content creators like you is that it has changed in your favor.Google now rewards content marketing over spam bots and link-building tricks. Its a victory for good content and a loss for tactics of questionable nature.

This is a good thing.

You may be wondering why you still need to consider SEO in your writing with all of the changes that have been made by Google. The answer is relatively simple: For a long time, SEO was all about tricks and tactics. It was truly about optimization and opportunism, but not anymore. Now, SEO is about content. Lots of content.

In other words, SEO as we know it picked up camp and moved in with content marketing. We have a new roommate. Why not get to know it a little?

From what I can see, the opportunity for content marketers to use SEO-driven tactics is more applicable now than ever. We already have the content. What if we add a little science and tactic to our workwho knows where we might go in the future? We could even put ourselves on page one of search. Wouldnt that be something?

How should the content marketer be approaching the search engines with our writing? This guide aims to answer these two questions. SEO may not be dead, but it has dramatically changed and that means there is a big opportunity for the content marketer who is paying attention.

Heres a step-by-step guide to what you need to do to have a modernSEO-driven approach to content marketing.

When outlining an SEO strategy for content marketing, we take a slightly different approach than what we were used to. It is probably best to begin understanding how (and why) Google is rewarding longer-form contentand other content that is visually focused. Google has started to see these elements as symbols of quality, and is doing a better job of connecting search users to quality content.

Again, thats a good thing, but it doesnt mean that some of the tried and true techniques of old SEO arent still viable. Thats where keywords come in.

One of the most important aspects of search engine optimization has always been the keywords, those words that people use to find our content in search.

In the early days of SEO, the goal was to achieve exact keyword matching. This meant that the page we wanted people to find was perfectly tuned to show up in the search results when someone searched for that phrase. If you searched for exact keyword match, for example, you would find pages that used that phrase exactly as written. Not anymore. Now, you will find pages that discuss the general topic of exact keyword matching.

It may be subtle, but it is an important difference. Rand Fishkin of Moz explains it well in his whiteboard friday video.

All of that said, though, I still believe that mostgood SEO optimization still begin with the keyword. This hasnt changed.

Whats changed is the framework we need to use for implementing those keywords into our writing. This is the method that I am going to break down for you in the guide. I am going to show you, step by step, how to use keywords to create an SEO driven approach to content marketing.Try not to think of it as SEO so much as smart content marketing.

The first step is to find the keywords that matter most for you. There are several tools that will help you do this. The most notable is the Google Adwords Keyword Planner, a tool that is freely available with any Adwords account.

Should content marketers be using keywords in their writing process? Yes.

The concept here is very simple. Start by typing in one of the keywords that is most crucial to your business. Here at CoSchedule, for example, this would be something like content marketing or editorial calendars.From there, Google will automatically provide you with a list of words related to your primary keyword that people all around the world are searching for.

As a content marketer, this is incredibly valuable! Not only do you get a host of keyword ideas, but you should also begin to understand your readers more than ever. Thisiswhat they are searching for. How cool is that?

Keywords are located based on your website URL and product category. They are customized to you!

Once you have a list of results from Google, you can individually add keywords that stand out to you to your keyword plan.

Avoid getting get overly aggressive, though.For example, in this screenshot I probably dont need to add both content marketing strategy and content marketing strategies. They are a bit redundant, and not likely different enough for me to care about. Sincecontent marketing strategy gets more attention, it would make sense to go with that.

Add important keywords and phrases to your keyword plan.

Your goal here is to create a lost of 30-100 keywords that matter to your business, your audience, and to Google. You are doing research here, so the most important thing is that you learn what your audience wants, and what Google will reward.

Once youve created a good list, use the export option to download it as an Excel file, or whatever format you want to work with.

Key Point: Create a list of keywords that your blog should be targeting and keep it handy.

The list of keywords you built using the keyword planner is your new content marketing checklist. These are the words that you want your site to rank well for on Google. I consider them a list of keyword goals to shoot for.

The next step is to load these goals into a tool that will help your track and monitor where you site ranks for each of these terms. For this, I like to usePositionly, but larger SEO tools like Moz and RavenTools are good options as well. For me, Positionly offers a simplicity that the others dont. It does less, but sometimes that is more.

The purpose of Positionly is very simple. They aim to monitor daily changes to your search engine rankings and helpimprove where you show up in search engine listings. In other words, they will tell you where your site ranks on Google in respect to each keyword term that you add for your site.

Positionly will tell you how your sites ranks for each term. They will also monitor and report daily changes.

This is valuable information because it gives you a benchmark to work against. When you upload your initial list of terms, Positionly will give you an overall assessment of your site in comparison to your selected terms. Depending on how long you have been writing or working on SEO, your results may vary.

Positionly will asses how well your site currently rates for the keywords entered.

One of the hazards of a tools like Positionly is the frequency of information. On any given day you may log in to find that your rankings on several keywords have dropped for no particular reason. This is a natural occurrence, and not something that you should worry about too deeply. Ranking well on Google is an art, not a science. It is also a process, so dont expect to land on top and stay there forever. 😉

Key Point:Use a tool like Positionly to monitor your keyword ranking and track your progress.

Once you have your marching orders (keyword goals), it is time to start incorporating them into your content marketing process.

At CoSchedule, our goal is to focus on one keyword phrase each week by adding a blog post with that keyword phrase to our editorial calendar. We dont get overly scientific about it, we just plop it on there are and leave things up to the designated writer to figure out.

Incorporate your keyword based posts into your editorial calendar.

Once the post is on the calendar, it will get written. If you arent managing an editorial calendar for your team, this is an excellent reason to do so, and one that we heartily recommend. When you pre-plan your content you can become much more purposeful and strategic with you goals.

Once youve worked through your keyword goals list the first time, be sure to refer back to Positionly regularly to help prioritize the keywords that you want (and need) to improve on.

Key Point:Add keyword goals to your editorial calendar each week to keep yourself accountable.

It is worth mentioning at this point that you should never be writing a blog post where a specific keyword isnt identified.

On our team, we try as often as possible to identify the keyword immediately when scheduling a post. Each time we create a post, we either identify the keyword in the headline itself, or note it in the comments field if we are choosing to write the headline later on.

Identify SEO keywords before writing your content.

This is a good practice to get your team into, and will make a big impact on the quality of your posts. Not only will it add SEO value, but it will force your writing team to focus their writing on a well-selected and focused topic.

If you are having trouble identifying your keywords for one-off posts, there are two easy places you can go. First, you could always head back over to the Google Adwords Keyword Planning tool, but that might be overkill at this point. What I like to do is simply complete a basic Google search and take a look at the recommended search terms at the bottom of the page.

Related search terms on Google provide a wealth of keyword knowledge.

Another way to do this research is to use an content creation tool like Scribe by Copyblogger.

This tool allows you to do headline research right inside of your WordPress add/edit page, and provides additional details about the popularity and competition level of each keyword option. It will also provide data regarding your keywords from both Twitter and Google+.

The Scribe plugin by Copyblogger is a handy tool for content marketing SEO.

Key Point:Develop good habits, and declare a keyword for each post that you write.

Once you have a keyword selected for you post, you will need a few tools to ensure that your content stays on point. The two tools that we use here at CoSchedule are the Scribe plugin by Copyblogger and WordPress SEO from Yoast. If you are on a budget the Yoast plugin is free, and will get you 90% of the way to where you need to go.

Both of these plugins work in a similar way. With each, you start by declaring the keyword phrase that you are using for the post. From there, the plugins will tell you how well you content ranks for those keywords. These plugins will evaluate your post based on several key factors:

Article HeadlineIt is considered best practice to include your exact keyword phrase in the headline of your post.

Page Title The page title is the bit of text that will show up in your browser tab, or more importantly, at the top of your Google Search listing. You will definitely want to include your keyword in full here.

The Yoast snippet preview will give you a preview of your forth-coming search listing.

Page URLYour keyword should beincludedin the slug of your URL. WordPress makes this easy to customize as long as you do it before the post is published.

ContentBoth Yoast and Scribe will want to see that the keyword is mentioned within the content of your post. With this, the more you have the better. If you can include the keywords in various sub-headlines you will even get bonus points.

Meta Description The meta description is the short description of your post that will show up on Google. You will want to use your keyword phrase in this copy.

When writing your posts, you want to make sure they are as optimized as possible for the keywords that you are trying to reach. Both Scribe and Yoast will give your visual confirmation of your success.

Both WordPress SEO plugin and Scribe will visually show you how your articles ranks SEO-wise.

At our office, we always shoot for green before we publish every post. Clicking though both plugins will provide additional information and suggestions.

Yoast page analysis. Lots of good tips here.

Topics vs. Strict MatchOne thing that I want to point out is that you need to be careful about the difference between the strict matching of keywords and topic related search.

As Rand Fishkin pointed out the video posted above, Google cares more about how you cover the topic overall ratherthan the exact keyword itself. Yoast tends to lean to heavily on the strict match method, which is outdated by Googles standards. Scribe, however, seems to handle this much more gracefully and might be worth the extra investment.

Key Point:Optimize your posts so that they perform well for the chosen keywords.

Even though SEO is no longer about the tools and tricks, there are still a few you need to use to make sure that everything is in order. As any good web designer will tell you, most SEO happens in the page itself. If the structure and makeup of your webpage isnt properly optimized, you are already fighting an uphill battle.

You can always usePositionlyorthis free toolfrom Neil Patel to get an assessment of how your site performs.

Here are a few additional WordPress plugins that will help you get things in order:

WordPress SEO by YoastWordPress SEO is a powerful plugin. Use it to setup sitemaps on your site, and optimize your social sharing meta tags. Seriously, spend some time with this one.

WP Rocket Site speed can make a huge impact on your SEO performance. WP Rocket is a paid plugin, but unlike many of the free options, it shouldnt mess up your site. It is worth the few extra bucks.

In Depth Articles Generator Generates posts metadata for your pages to better present search results to users. There are other plugins that do this, but this one is simple and easy. If you need to validate that it is working, you can use the Google testing tool.

GooglesSearch Engine OptimizationStarter GuideThis free guide made available by Google is a great place to start in the world of SEO an optimization.

SEO isnt dead, it has just changed. The good news is that the new world of SEO is better than ever for content marketers like yourself. When combined with a few SEO basics, there is nothing stopping you from making SEO a core part of your inbound marketing strategy.

Read more:
An SEO Driven Approach To Content Marketing: The Complete …

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Pierre Teilhard De Chardin | Designer Children | Prometheism | Euvolution | Transhumanism