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Governor Corbett and Pennsylvania Have Destroyed the First Amendment
Governor Tom Corbett, in one of the most flagrant examples of political pandering, threw a Hail Mary and signed into law the Revictimization Relief Act, whic…

By: LionelY2K

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Governor Corbett and Pennsylvania Have Destroyed the First Amendment – Video

The Pennsylvania chapter of the American Civil Liberties Union says it is preparing to file a lawsuit to get the state's new "Revictimization Relief Act"overturned.

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ACLU Says New Pa. Law Violates First Amendment Rights of Convicts



Mumia Abu Jamal Speaks Out from Jail on New Pennsylvania Law Silencing Prisoners
Pennsylvania Republican Gov. Tom Corbett is set to sign into law a bill critics say will trample the free speech rights of prisoners. Last week, lawmakers openly said they passed the legislation…

By: freespeechtv

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Mumia Abu Jamal Speaks Out from Jail on New Pennsylvania Law Silencing Prisoners – Video

PITTSBURGH — An evidence suppression hearing for Pennsylvania Cyber Charter School founder Nick Trombetta will stretch into November after another day of arguments Monday was more notable for who did not testify than for who did.

Beaver County solicitor Joe Askar, who also represents the Rochester-based National Network of Digital Schools, invoked his Fifth Amendment rights against self-incrimination and refused to testify. Askar was subpoenaed by Trombettas defense team in their effort to get recorded conversations with attorneys, including him, tossed out by U.S. District Court Chief Judge Joy Flowers Conti.

Trombetta — who faces 11 federal charges — is claiming that the FBI violated his attorney-client privilege by recording discussions with Askar, former PA Cyber attorney Timothy Barry, and Ralph Monico and Leo Daly, attorneys who also represented NNDS. A Sept. 30 hearing was continued until Monday.

Mr. Askar has neither committed nor been charged with any crime. Nor will he be. As the U.S. Supreme Court has said, the privilege is available not only to protect the guilty, but also the innocent: We have emphasized that one of the Fifth Amendments basic functions is to protect innocent men, who otherwise might be ensnared by ambiguous circumstances, Bruce Teitelbaum, Askars attorney, said in a statement.

The ambiguities inherent in this complex matter and the possibility of misunderstanding compelled me, out of caution, to advise Mr. Askar to invoke his privilege, Teitelbaum said.

Barry was called to the stand by defense attorney Adam Hoffinger later in the day, but was excused after a lengthy off-the-record sidebar involving his attorney, Trombettas lawyers and prosecutors. Hoffinger said Barry would be recalled when the hearing continues next month.

Trombetta attorney Robert Salerno quizzed FBI agent Samantha Bell, the lead investigator, on synopses of calls monitored by agents, instructions to agents on recording calls and minimization, the FBIs name for when agents stop listening to calls that are irrelevant or might be protected by attorney-client privilege.

After Barry was excused, FBI agent Paul Allen took the stand and was questioned by Hoffinger on a June 2012 synopsis of a recorded call on which he noted that Trombetta would be talking to his attorney.

Hoffinger wondered how agents could know when to stop recording privileged communications if they truly did not know whether Trombetta had a personal attorney. Allen said he did not exactly remember, but testified that he might have simply written the note to be cautious.

Im not sure why I used the personal pronoun his, Allen said. I didnt mean anything by it.

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Agents questioned, Askar takes the Fifth in Trombetta hearing

State legislators are concerned about Second Amendment rights so much so that the Senate has passed a bill that would prohibit local regulation of firearms or ammunition.

State Senate President Pro Tempore Joe Scarnati, R-Brockway, announced Friday that the senate passed House Bill 80 by a vote of 34 to 14 on Thursday.

State Rep. Martin Causer, R-Turtlepoint, said he supports the bill that would put a stop to local laws or ordinances attempting to regulate firearms or ammunition.

Now the bill is in the hands of the state House of Representatives following Thursdays vote.

I think its very much needed, Causer said, who was a co-sponsor of the original House Bill.

Causer said the measure promotes uniformity in regards to firearms across Pennsylvania. People traveling throughout the state would not have to worry about local gun laws being different.

Scarnati says the legislation would protect Pennsylvanians Second Amendment rights.

This legislation is a commonsense measure to not change, but simply clarify current law, Scarnati said. Senate Bill 80 clarifies existing law to ensure that firearms and ammunition laws are consistent across Pennsylvania.

There has never been such an issue across the region, Causer said, but he sees a problem in southern Pennsylvania, especially Philadelphia.

Causer said the bill would let an individual or organization sue to block or overturn a local ordinance. If successful, the individual would be able to recoup expenses, including attorney fees, costs, and lost income from employment, according to Scarnati.

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Senate passes bill prohibiting local firearm regulations

Oct 062014

Kekula saved, from left, her sister, Vivian, 28, her mother, Victoria, 57, and her father, Moses, 52.

A one-woman hospital

A one-woman hospital

A one-woman hospital

A one-woman hospital

A one-woman hospital

STORY HIGHLIGHTS

Editor’s note: Danny Cevallos is a CNN legal analyst, criminal defense attorney and partner at Cevallos & Wong, practicing in Pennsylvania and the U.S. Virgin Islands. Follow him on Twitter: @CevallosLaw. The opinions expressed in this commentary are solely those of the author.

(CNN) — Passengers on a United Airlines flight from Brussels were quarantined at New Jersey’s Newark airport and later released this weekend over Ebola fears that turned out to be unwarranted. In this case and that of the Ebola patient in Dallas, government and our citizens struggle to define the parameters of the sanctioned suppression of individual liberty that is the quarantine.

In the modern United States, the people boast unparalleled personal freedoms. Whether enumerated in the Constitution or “penumbral,” the inalienable liberties of the individual are designed to never be overridden by the interests of the majority.

Read the rest here:
Ebola at war with your liberty

Kekula saved, from left, her sister, Vivian, 28, her mother, Victoria, 57, and her father, Moses, 52.

A one-woman hospital

A one-woman hospital

A one-woman hospital

A one-woman hospital

A one-woman hospital

STORY HIGHLIGHTS

Editor’s note: Danny Cevallos is a CNN legal analyst, criminal defense attorney and partner at Cevallos & Wong, practicing in Pennsylvania and the U.S. Virgin Islands. Follow him on Twitter: @CevallosLaw. The opinions expressed in this commentary are solely those of the author.

(CNN) — Passengers on a United Airlines flight from Brussels were quarantined at New Jersey’s Newark airport and later released this weekend over Ebola fears that turned out to be unwarranted. In this case and that of the Ebola patient in Dallas, government and our citizens struggle to define the parameters of the sanctioned suppression of individual liberty that is the quarantine.

In the modern United States, the people boast unparalleled personal freedoms. Whether enumerated in the Constitution or “penumbral,” the inalienable liberties of the individual are designed to never be overridden by the interests of the majority.

Read this article:
Ebola fight trumps personal liberty

Kekula saved, from left, her sister, Vivian, 28, her mother, Victoria, 57, and her father, Moses, 52.

A one-woman hospital

A one-woman hospital

A one-woman hospital

A one-woman hospital

A one-woman hospital

STORY HIGHLIGHTS

Editor’s note: Danny Cevallos is a CNN legal analyst, criminal defense attorney and partner at Cevallos & Wong, practicing in Pennsylvania and the U.S. Virgin Islands. Follow him on Twitter: @CevallosLaw. The opinions expressed in this commentary are solely those of the author.

(CNN) — Passengers on a United Airlines flight from Brussels were quarantined at New Jersey’s Newark airport and later released this weekend over Ebola fears that turned out to be unwarranted. In this case and that of the Ebola patient in Dallas, government and our citizens struggle to define the parameters of the sanctioned suppression of individual liberty that is the quarantine.

In the modern United States, the people boast unparalleled personal freedoms. Whether enumerated in the Constitution or “penumbral,” the inalienable liberties of the individual are designed to never be overridden by the interests of the majority.

See the original post here:
Beating Ebola vs. personal liberty

For two decades Ive told people my job is to fight for their rights and never was this truer than on Saturday. I had come from Chicago to defend free speech and oppose an archaic, unconstitutional blasphemy law that was being enforced by a rogue District Attorney in Bedford, Pennsylvania.

The DA, Bill Higgins, was viciously targeting a 14-year-old teenager after he posted an obscene photo on Facebook in which he was simulating oral sex with a ceramic Jesus yard gnome. Of course, this prank was offensive or what some might call being a teenager. However, the self-righteous Higgins took it upon himself to be the great defender of Christendom and threw the book(s) the Bible and the Law at this young man.

This religiously motivated action was quite odd coming from Higgins, who hasnt exactly been a pillar of morality. For example, six years ago the renegade District Attorney admitted to having sex in his courthouse office with a woman following a meeting of the Bedford County Republicans, in which he then served as vice-chair. His sexual liaison accused him of sexual assault and sued him, but the charges were eventually dropped.

Higgins decided to prosecute the child under an obscure Pennsylvania law which states that desecration includes physically mistreating [objects] in a way that the actor knows will outrage the sensibilities of persons likely to observe or discover the action.

While Higgins maintains that he is simply an upstanding district attorney who wishes to uphold a Pennsylvania blasphemy law, his own statements on this case betray that claim. In an interview with local media, Higgins stated:

This troubled young man offended the sensibilities and morals of our community. His actions constitute a violation of the law, and he will be prosecuted accordingly. If that tends to upset the anti-Christian, ban-school-prayer, war-on-Christmas, oppose-display-of-Ten-Commandments crowd, I make no apologies.

I guess if anyone should know about desecrating Christianity it is Higgins, who seems to be a troubled man who is desperately battling his private demons on the public stage at the expense of a teenage boy. By making this incendiary statement, it is clear that Higgins is more of a frustrated right-wing ideologue than a responsible district attorney. Instead of fighting real crime, Higgins is fighting a culture war.

Which brings us back to Saturday. Three organizations, American Atheists, Pennsylvania Non-Believers, and Truth Wins Out, which I am the Executive Director, held a successful protest, where several dozen people rallied in favor of free speech.

Unfortunately, it was marred when a belligerent group of counter protesters, including two from what appeared to be a motorcycle gang, crashed the protest and threatened those in attendance, including me and the 14-year old boy arrested for suggestively posing with the Jesus statue.

Read more here:
Protecting Free Speech is Worth Fighting For

In D.C. v. Heller, the Supreme Court stated that (emphasis added, citations omitted, as usual),

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

[Footnote: We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive.]

The question, then, is whether this presumpti[on] of validity can ever be rebutted for instance, if a persons felony conviction is many decades in the past, is for a not very serious felony, or both. Some federal courts have stated that the answer would be yes under the right circumstances. United States v. Moore, 666 F.3d 313, 320 (4th Cir. 2012); United States v. Barton, 633 F.3d 168, 174 (3d Cir. 2011); United States v. Williams, 616 F.3d 685, 693 (7th Cir. 2010); United States v. Duckett, 406 Fed. Appx. 185, 187 (9th Cir. 2010) (Ikuta, J., concurring); United States v. McCane, 573 F.3d 1037, 1049-50 (10th Cir. 2009) (Tymkovich, J., concurring). Some North Carolina state court decisions have actually set aside particular claimants state-law gun disabilities, under the North Carolina Constitutions right to bear arms provision. Britt v. State, 681 S.E.2d 320 (N.C. 2009) (holding that a nonviolent felon whose crime was long in the past regained his state constitutional right to keep and bear arms); Baysden v. State, 718 S.E.2d 699 (N.C. Ct. App. 2011) (same). But Thursdays Binderup v. Holder (E.D. Pa. Sept. 25, 2014) is, to my knowledge, the first federal court decision to actually set aside such a gun disability on Second Amendment grounds.

The court began by deciding whether Daniel Binderups conviction counts as a felony for federal felon-in-possession law, and concludes that it does. Federal felon-in-possession law actually bars gun possession by people who have state or federal convictions for any crime punishable by a year or more in prison or, if its labeled a misdemeanor by state law, by two years or more in prison. The focus isnt (solely) on the formal felony-vs.-misdemeanor label attached to a crime by state or federal law, nor on the actual sentence for the crime, but on the maximum sentence authorized for the crime (or so the Binderup court held, consistently with other cases). The crime in this case corruption of minors is labeled by Pennsylvania as a first-degree misdemeanor, which means it carries a maximum sentence of five years. It must therefore be treated, the court held, as a felony for purposes of the federal felon-in-possession statute.

But then, the court asked whether the Second Amendment nonetheless preempts federal felon-in-possession law in this particular case. In Barton, one of the cases cited above, the Third Circuit the federal appellate court that sets binding federal precedent for Pennsylvania and some other jurisdictions wrote:

To raise a successful as-applied challenge, [a defendant] must present facts about himself and his background that distinguish his circumstances from those of persons historically barred from Second Amendment protections. For instance, a felon convicted of a minor, non-violent crime might show that he is no more dangerous than a typical law-abiding citizen. Similarly, a court might find that a felon whose crime of conviction is decades-old poses no continuing threat to society. The North Carolina Supreme Court did just that in Britt v. State, 363 N.C. 546 (2009), finding that a felon convicted in 1979 of one count of possession of a controlled substance with intent to distribute had a constitutional right to keep and bear arms, at least as that right is understood under the North Carolina Constitution.

And Binderup, the court held, did present such facts about himself and his background. His only conviction was nearly 17 years before. It stemmed from a nonviolent incident a consensual sexual relationship Binderup had with a 17-year-old employee. Pennsylvania law does not even treat the offense as a statutory rape; the formal age of consent in Pennsylvania (as in most other states) is 16, and sexual conduct by an adult with a 16- or 17-year-old is treated as consensual, though bad for a the minor and therefore the crime of corruption of minors. The statistics presented by the government, showing that people with criminal convictions even nonviolent ones are likely to commit other crimes arent probative given the nature of the crime, how long ago the crime was, and Binderups current age (59). For these reasons, the court held,

[P]laintiff has demonstrated that, if allowed to keep and bear arms in his home for purposes of self-defense, he would present no more threat to the community that the average law-abiding citizen.

And because of this, the presumption that theres no Second Amendment problem with barring felons from possessing guns, the court held, has been rebutted.

Go here to see the original:
Volokh Conspiracy: A rare Second Amendment exemption from federal ban on felons possessing guns

OXFORD, Miss. (PRWEB) September 26, 2014

Charles Overby, a champion of the First Amendment and the free press, has been selected to receive the 2015 Legacy Award from the Ole Miss Women’s Council for Philanthropy.

The Legacy Award, presented by C Spire, recognizes individuals who have made significant contributions as philanthropists, leaders and mentors and brought about definitive, positive changes in the University of Mississippi, state and nation. A ceremony to present the award will be April 18, 2015 at Carrier House, Chancellor Dan and Lydia Jones’ home on the UM campus, where Overby was educated as a journalist.

“Charles Overby has traveled the globe in efforts to promote First Amendment freedoms and to discuss media relations,” said Karen Moore of Nashville, OMWC chair. “In Washington, D.C., Mr. Overby led the development of the Newseum, a major specialty museum that explores how news surrounding historic moments affects our experiences.

“At Ole Miss, he continues to have a significant impact on both students and the general public through the Overby Center for Southern Journalism and Politics. The Overby Center gives individuals an opportunity to come together and discuss major issues of our region, nation and world, while creating a better understanding of media, politics and the First Amendment. The Women’s Council believes that discussing issues helps solve them.”

Overby is the former chairman of the Freedom Forum, Newseum and Diversity Institute. For 22 years, he was chief executive officer of the Freedom Forum, a nonpartisan foundation that educates people about the press and the First Amendment. His service as CEO of the Newseum spanned 1997 to 2011, during which time he supervised the building of the Newseum on Pennsylvania Avenue in Washington. This interactive museum has been called the “best experience Washington has to offer.” He also was CEO of the Diversity Institute, a school created in 2001 to teach journalists and aspiring journalists while increasing diversity in newsrooms.

The Overby Center for Southern Journalism and Politics was established at Ole Miss with a $5.4 million gift from the Freedom Forum to honor Overby’s extensive professional contributions. He continues his involvement with Ole Miss students by helping them identify beneficial opportunities and internships.

Before joining the Freedom Forum, Overby was an effective public watchdog a newspaper reporter and editor for 17 years with a goal of protecting citizens by keeping them well informed. He covered Congress, the U.S. Supreme Court, the White House and presidential campaigns for Gannett Co., the nation’s largest newspaper company. He also served as the top editor at Florida Today in Melbourne, Fla., and the executive editor of The Clarion-Ledger and Jackson Daily News in Jackson. Overby supervised the news and editorial coverage that led to The Clarion-Ledger winning the Pulitzer Prize Gold Medal for Distinguished Public Service in 1983 for coverage of the need for education reform in Mississippi.

His exemplary career which began as an 11-year-old delivering newspapers at 5 a.m. for The Clarion-Ledger also includes serving as vice president of news and communications for Gannett and as a member of the management committees of Gannett and USA Today. He experienced two stints in government, as press assistant to U.S. Sen. John Stennis, a Democrat from Mississippi; and special assistant for administration to Tennessee Gov. Lamar Alexander, a Republican.

When asked about his successful career, Overby credited his mother, his wife and longtime colleague, the late Al Neuharth, founder of USA Today, the Freedom Forum and the Newseum, for mentoring and supporting him throughout his extensive career.

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Overby to Receive Coveted Legacy Award



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