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Rights and Liberties
Yes Men Say No to Jerusalem Film Festival
Posted by Staff, AlterNet on July 4, 2009 at 6:51 PM.
Editor's note: this is cross-posted from Tikkun Magazine's blog.
Dear Friends at the Jerusalem Film Festival,
We regret to say that we have taken the hard decision to withdraw our film, "The Yes Men Fix the World," from the Jerusalem Film Festival in solidarity with the Boycott, Divestment and Sanctions campaign (http://www.bdsmovement.net/).
This decision does not come easily, as we realize that the festival opposes the policies of the State of Israel, and we have no wish to punish progressives who deplore the state-sponsored violence committed in their name.
This decision does not come easily, as we feel a strong affinity with many people in Israel, sharing with them our Jewish roots, as well as the trauma of the Holocaust, in which both our grandfathers died. Andy lived in Jerusalem for a year long ago, can still get by in Hebrew, and counts several friends there. And Mike has always wanted to connect with the roots of his culture.
But despite all our feelings, we cannot abandon our mission as activists.
Read the rest of the post on the flip side »
Cynthia McKinney Detained (Again) by Israeli Defense Force; Israeli Protesters Brutally Beaten in West Bank
Posted by Joshua Holland, AlterNet on July 1, 2009 at 4:15 PM.
The Israeli right is moving U.S. perceptions of the I-P conflict to a tipping point. Among Americans -- and especially the Jewish community -- Israel had long enjoyed the moral high ground. But sentiment is shifting, in large part to the terror wrought by the settler's movement, the unyielding stance of the Netanyahu government, and stories such as these ...
A boat carrying aid to pro-Palestinian groups in the Gaza Strip was surrounded and boarded by Israeli forces off the coast of the Gaza Strip Tuesday. Former Georgia Congresswoman Cynthia McKinney was one of the 21 people on board who were taken into Israeli custody and held at the port of Ashrod in Israel.
McKinney is quoted as saying that the confrontation was "an outrageous violation of international law," and she claimed the boat was on a humanitarian mission and was not in Israeli waters.
The Israeli military said the boat tried to violate Israel's security blockade and enter Gaza illegally.
The 21 passengers and crew on the Greek-registered ship "Arion" was working for the U.S.-based "Free Gaza Movement." Among them, besides McKinney, was 1977 Nobel Peace Prize recipient Mairead Maguire.
Israeli forces have maintained a blockade on the Palestinian territory since 2007, partly to prevent smugglers from delivering weapons and munitions to Gaza.
It's a farce to claim that Israel's withdrawal from Gaza resulted in some semblance of sovereignty when its military controls Gaza's airspace, waterways and land routes, and Israeli forces continue to strike targets within the canton.
Israeli forces in the West Bank have long reacted violently to Palestinian protests, even peaceful ones. But recently, they used similar tactics on Israeli protesters -- an unusual occurrence ...
I am reporting the testimony of Dr. Amiel Vardi, and many other supporting testimonies. There is graphic photographic documentation, including a live video clip, which can be seen here. The pictures seen here are part of a series that can be viewed at this Flickr site...
The activists arrived in the morning at al-Safa to accompany Palestinian farmers to their fields, since it is nearly impossible for these farmers to work their land without the physical protection of Israelis: violent settlers from nearby Bat 'Ayin invariably attack the farmers and chase them away. This time, however, the army and Border Police were waiting, in force—dozens of soldiers (the Border Police are part of the army), including two Brigade Commanders. As usual, they declared the area a Closed Military Zone.
But they also immediately arrested the activists and then attacked several of them brutally with fists, rifle butts, and other weapons.
Read the rest of the post on the flip side »
Looney Oklahoma Legislator: Gays to Blame for Econopocalypse ... 'Bigger Threat than Islam'
Posted by Matt Corley, Think Progress on June 30, 2009 at 3:04 PM.
Last year, Oklahoma state legislator Sally Kern (R) drew well-deserved criticism for an outlandish rant against the gay community, in which she compared homosexuality to “toe cancer” and said “it’s the biggest threat our nation has, even more so than terrorism or Islam.” “Studies show that no society that has totally embraced homosexuality has lasted more than, you know, a few decades. So it’s the death knell of this country,” said Kern. Listen here:
Though activists responded to her comments with protests, Oklahoma conservatives rallied around her, saying that they “stand with and support Sally.” Now, Kern is back, once again sparking controversy for her attacks on the LGBT community.
Kern is now pushing a “Oklahoma Citizen’s Proclamation for Morality” that blames America’s “economic woes” on “abortion, pornography, same sex marriage, sex trafficking, divorce, illegitimate births, child abuse ,and many other forms of debauchery”:
WHEREAS, we believe our economic woes are consequences of our greater national moral crisis; and
WHEREAS, this nation has become a world leader in promoting abortion, pornography, same sex marriage, sex trafficking, divorce, illegitimate births, child abuse, and many other forms of debauchery;
Though Kern denies that her proclamation is timed to coincide with gay pride celebrations across the country, critics say otherwise. Kern’s proclamation specifically criticizes President Obama for recognizing June as LGBT Pride Month. “Whereas, deeply disturbed that the Office of the president of these United States disregards the biblical admonitions to live clean and pure lives by proclaiming an entire month to an immoral behavior,” reads the proclamation.
Watch an Oklahoma News 9 report on Kern’s proclamation:
Read the rest of the post on the flip side »
White Supremacists Arrested in 2004 Bombing ... Is the FBI Finally Taking Domestic Terrorism Seriously Again?
Posted by David Neiwert, Orcinus on June 30, 2009 at 8:57 AM.
Back in 2004, someone sent a letter bomb to Don Logan, the director of the Office of Diversity and Dialogue in Scottsdale, Ariz. Logan suffered serious burns on his hands and arms, and two other people suffered minor injuries.
At the time, it was clear that both federal and local authorities wanted to treat the case as an "isolated incident" unconnected to any racial matters. The chief line of investigation was into Logan's personal background, to see if he might have had financial dealings that created enemies. Unsurprisingly, the trail went cold in short order.
Yesterday, the FBI finally arrested three white supremacists in the case:
An undercover ATF sting raided white supremacists in at least three states on Thursday in an investigation connected to the 2004 letter bombing of Don Logan, an African-American who worked for a diversity program in Scottsdale, Arizona.
The Bureau of Alcohol, Tobacco and Firearms infiltrated "several" undercover agents into white supremacist circles as part of the investigation, according to court records.
In Arizona, Dennis and Daniel Mahon were arrested this week by the ATF on a sealed indictment issued June 16.
In Missouri, Robert Neil Joos was arrested by the ATF on a firearms charge. An ATF affidavit said the arrest resulted from a multi-year investigation into the Logan bombing.
According to the affidavit, Dennis Mahon called Joos on the morning of the bombing.
Read the rest of the post on the flip side »
'Out of Control' Cop Allegedly Brutalizes Guests at Dem Fundraiser
Posted by Staff, AlterNet on June 30, 2009 at 8:00 AM.
The sheriff's deputy who broke up a fund-raiser for Francine Busby looked “out of control” as he doused guests with pepper spray, pulled out a stun gun, and dropped a 60-year-old woman to the floor, witnesses said.
The San Diego County Sheriff's Department has launched an internal investigation into the incident Friday night at the home on Rubenstein Avenue in the Cardiff community of Encinitas.
Authorities were called to the home of Shari Barman and Jane Stratton after a neighbor complained about noise, and Barman was arrested in the ensuing altercation with Deputy Marshall Abbott.
“He had a raged look in his eyes and his head was bobbing from side to side,” said Kimberley Beatty, who attended the event. She said she called 911 to report that the officer “appeared to be out of control.”
Beatty spoke Monday afternoon at a news conference along with two other guests at the fund-raiser, Christine Nava and Julie Chippendale.
Chippendale also said that Abbott “looked like he was feeling out of control.”
“His eyes were darting around the room as if we may have guns,” she said. “Guests were yelling, 'What are you doing? Let her go!' ”
Busby, 58, is a Democrat seeking the 50th Congressional District seat in 2010. She said about 30 of her supporters gathered at the home to raise campaign money for next year's race against Congressman Brian Bilbray.
She said she used an amplified microphone from about 8 to 8:30 p.m. to address what she described as 30 or fewer guests; witnesses said an unidentified neighbor interrupted the speech by heckling Busby, calling her a “loser” and obscenities.
Read the rest here ...
Read Shari Barman's statement here.
Obama Has Become Radical in His Commitment to Secrecy
Posted by Martin Garbus, Huffington Post on June 30, 2009 at 5:00 AM.
It is more than coincidence that an HBO film on free speech, Shouting Fire, dealing with the Bush attempt to stop free speech is on tonight.
Obama's campaign promise was for a transparent government, yet this past Friday, after 3pm, hoping to avoid the weekend news cycle, his administration announced major events he hoped the public would not see.
Denying the public information, rejecting the public's free speech "right to know" has become a pattern of this administration. Obama has become radical in his commitment to secrecy, not totally unlike the Bush administration.
Late Friday, June 26, 2009:
Read the rest of the post on the flip side »
Right-Wingers React to Supreme Court Decision as Proof Sotomayor Is 'Indeed a Racist'
Posted by Digby, Hullabaloo on June 29, 2009 at 3:45 PM.
The Supreme Court handed down their decision in the Ricci case, reversing with a 5-4 count the lower court opinion that the city of New Haven can refuse to apply a promotions test for firefighters because no African-Americans passed it. The city feared a discrimination lawsuit over the test, but the Court basically waved that away.
The case was previously decided by the 2nd Circuit Court of Appeals by a three-judge panel that included Sonia Sotomayor. And so now we'll hear all about that honky-hating judge reversed again (how does this affect her "reversal rate"?) and the manly men of the Supreme Court helping out those poor white firefighters who worked so hard to pass that test. As Eric Boehlert chronicles:
Not only was the reversal a foregone conclusion, but so too, was the narrative now being played out in the press. The press and Republicans (notice how they work in tandem) have been touting this reversal for weeks, hyping it as a potentially "embarrassing" reversal, which would (supposedly) raise all kind of doubts about Sotomayor's smarts and her ability as a judge.And trust us, this meme is already being hammered and will likely continue throughout the week: Sotomayor was reversed--she got smacked down--by the Supreme Court! It's a huge deal.
Except, of course, it is not. Judges get reversed everyday. In fact, the system of American jurisprudence is built upon the idea of judges getting reversed. It happens all the time. And yes, the Supreme Court reverses judges all the time. But only now, in the case of Sotomayor, is the press pretending that that reversal is a singular rebuke; that it's a mark of shame for Sotomayor because she got the case wrong.
In addition, Courts of Appeals, in a general sense, follow prior precedent rather than make the sweeping changes that can be made at the SCOTUS level. Far from being a slave to "empathy," Sotomayor followed the law available to her in concurring with the majority decision on her Appeals Court. In fact, as Sam Alito wrote in his concurrence today, "But 'sympathy' is not what petitioners have a right to demand. What they have a right to demand is evenhanded enforcement of the law ... And that is what, until today's decision, has been denied them." The Second Court had no precedent on which to rely to offer that enforcement, and if Sotomayor reversed the District Court ruling in Ricci, she would have been relying on sympathy. Which is what her critics say she always relies on.
Read the rest of the post on the flip side »
The Madoff Sentence: Swindle the Rich? Get 150 Years. Swindle the Poor? Who Cares?
Posted by Melissa McEwan, Shakesville on June 29, 2009 at 12:55 PM.
Let me be perfectly clear: I have no sympathy for Bernie Madoff, not a single, solitary, infinitesimal iota.
But surely I am not the only person who reads that he's been sentenced to 150 years in prison and sees the sort of ridiculously excessive sentence that's typically reserved for scapegoats.
Ah, the evil Madoff has been given 150 years -- finally someone is being held responsible for the horrendous economic clusterfucktastrophe which has befallen us all! Now we can go back to not paying attention! Wheeeeeeeeeeeeee!
It's just a little fucked up that the asshole who swindled rich people gets 150 years, but most of the assholes who swindled poor people haven't even lost their jobs. And that's to say nothing of the assholes staffed by the regulatory bodies whose enormous incompetence enabled Madoff's crimes, no less members of the administration under whose watch the economy collapsed.
Read the rest of the post on the flip side »
Thinking Chipotle For Lunch? Read This First If You Care About Workers' Rights
Posted by Peter Rothberg, TheNation.com on June 29, 2009 at 11:30 AM.
Last week, leaders of the food justice movement -- including Eric Schlosser, Raj Patel, Frances Moore Lappe, and Robert Kenner, producer and director of the new documentary Food, Inc. -- sent a strongly-worded letter to Chipotle demanding that they "work with the Coalition of Immokalee Workers as a true partner in the protection of farmworkers' rights."
The letter comes in the wake of a recent breakthrough for the Campaign for Fair Food -- Whole Foods' announcement that two of Florida's leading organic producers, Alderman Farms and Lady Moon Farms, will implement the company's agreement with the CIW, including the penny-per-pound wage increase and a strict code of conduct.
For decades, Florida's farmworkers have faced terrible abuses and brutal exploitation. Workers earn sub-poverty wages for toiling 60 to 70 hours per week in season, and some have even been chained to poles, locked inside trucks, beaten, and robbed of their pay.
The Coalition of Immokalee Workers has made great organizing strides and has succeeded in convincing numerous commercial giants, including both Burger King and Taco Bell, to increase wages, benefits and observe a strict set of guidelines outlining workplace safety rules.
Read the rest of the post on the flip side »
Texas Cops Raid Gay Bar, Brutalize Patrons, on 40th Anniversary of Stonewall Uprising
Posted by Amanda Terkel, Think Progress on June 29, 2009 at 10:45 AM.
Shortly after midnight on Sunday, police raided a gay bar in Fort Worth, TX, and arrested seven customers for public intoxication. (One man was reportedly taken to the hospital "with bleeding in his brain after officers threw him to the ground and used zip-ties to handcuff him.") Police said they were simply conducting an "alcohol beverage code inspection" when several customers made sexual advances toward the officers. However, the owner of the Rainbow Lounge, J.R. Schrock, said that claim was a "lie." The groping of the police officer -- really? We're gay, but we're not dumb," Schrock said. The Dallas Voice heard from Todd Camp, the founder of Q Cinema and former reporter for the Fort Worth Star-Telegram, who was at the Rainbow Lounge when the police showed up:
My group and I were sitting on the back patio at a picnic table. Nobody was being wild out there. [The police] came through with flashlights, being loud asking what was going on out here, then asked why everyone was all the sudden being quiet. When one group started up their conversations again, they took one guy away. I left shortly after and as I walked through the front bar there were numerous cops with plastic handcuffs all ready to go. I [left] the bar and they [had] a big van in the parking lot and numerous cars on the street. And just so you know, it wasn’t fire hazard crowded or seedy wild in there. … The worst part is [friends later told me] that [the police] had numerous people face down on the ground outside.
Read the rest of the post on the flip side »
Why Are Two Top Torture Lawyers Working for Obama?
Posted by David Swanson, After Downing Street on June 29, 2009 at 10:00 AM.
We've heard of John Yoo and Alberto Gonzales, and maybe even Jay Bybee. Some of us recall John Ashcroft, Michael Mukasey, and even David Addington. William Haynes, Stephen Bradbury, and Douglas Feith occasionally make the news. If I had any say about it all 40 of these facilitators of torture would be universally known -- plus the eight more that readers of this article will call to my attention and angrily accuse me of trying to cover for by only being aware of 40. I would also make universally known the fact that two of the worst now work for President Barack Obama.
Even if you haven't read them, you probably know that the Justice Department under Bush-Cheney produced memos pretending to legalize torture, gruesome memos stipulating exactly how many times a particular victim could "legally" be tortured with a particular technique. John Yoo and Jay Bybee wrote the worst of these memos. But the memos take the form of responses to inquiries from a guy named John Rizzo. Yes, Mr. Rizzo, you may slam that guy against a wall. No, Mr. Rizzo, you may not drown that one unless you have a doctor present. And so on. The memos are all headlined thus: "MEMORANDUM FOR JOHN A. RIZZO."
So, Yoo and Bybee didn't invent the torture techniques out of their own sadistic imaginations. They replied to Rizzo's requests for "legal" permission to use detailed techniques. What if those requests from Rizzo had been turned into news headlines, rather than the Justice Department's responses? Would activists then be focused on demanding Rizzo's, rather than Yoo's, removal from one of our prestigious institutions of higher learning? That's actually a very easy question to definitively answer, and the answer is no. Rizzo doesn't work in academia: he is still, until he retires this summer the top lawyer at the CIA.
Retirement is what counts as accountability these days in Washington. Future consiglieri are hereby put on notice: you back torture and death squads and drone strikes and you'll be forced to retire with the LA Times printing a profile on your great influence and wonderful taste in expensive suits. Rizzo served as top lawyer at the CIA for years, without the title, because the Senate wouldn't approve him. Serving as the "Acting So-and-So" is what now counts as compliance with the Constitution. Senators are hereby put on notice: you fail to confirm an appointee, and he or she will get the job without the title
Read the rest of the post on the flip side »
Video: Honduran Rights Activist on Coup: 'We Want Actions, Not Only Declarations'
Posted by Amy Goodman, Democracy Now! on June 29, 2009 at 9:12 AM.
AMY GOODMAN: In the first military coup in Central America in a quarter of a century, the Honduran military has ousted the democratically elected President Manuel Zelaya. Former Parliamentary speaker Roberto Micheletti, who was sworn in as Zelaya’s replacement Sunday, has imposed a two-day nationwide curfew. But hundreds of Zelaya supporters remain on the streets. Shots were fired at protesters near the presidential palace early Monday morning.
The ousted president was forced from the presidential palace by armed soldiers early Sunday morning and flown to Costa Rica after he tried to carry out a non-binding referendum to extend his term in office. Micheletti says Zelaya was not ousted through a coup but by a legal process. But speaking at a press conference in Costa Rica, Zelaya called it a kidnapping and vowed to return to his country as president. He explained a small group of elites and military officers were behind the coup.
PRESIDENT MANUEL ZELAYA: [translated] I think it is a group of military men, and it’s not the entire army or all the armed forces. There are good soldiers who are good and capable people who are not blinded with ambition or greed. There are some who have not been blinded by the voracity of a small elite, which, through politics and the economy, have provoked this terrible event.
AMY GOODMAN: The military coup in Honduras and the reported arrests of the Cuban, Venezuelan and Nicaraguan ambassadors to Honduras have been roundly condemned by the Organization of American States that held an emergency session Sunday. The Honduran representative compared the coup to what happened in Chile in 1973. The Venezuelan representative accused former Bush administration undersecretary of state Otto Reich of complicity in the coup. Earlier in the day, the Venezuelan president Hugo Chavez warned his armed forces were on alert.
President Obama, meanwhile, issued a declaration Sunday morning saying he was, quote, “deeply concerned” by reports from Honduras. In a statement later in the day, Secretary of State Hillary Clinton said the action against the ousted Honduran President should be, quote, “condemned by all.” The U.S. ambassador to Honduras reaffirmed the United States only recognizes Manuel Zelaya as the President of Honduras.
Well, for the latest from Honduras, we go there to Dr. Juan Almendares. He joins us on the line from the capital, Tegucigalpa. We’re also joined here in our firehouse studio by New York University professor of Latin American history, Greg Grandin.
We welcome you both to Democracy Now! Let’s begin with Dr. Almendares. Can you describe what is happening right now in Tegucigalpa?
DR. JUAN ALMENDARES: Well, what we are having here is a military coup d’etat who has been persecuting and repressive action against some member of the legitimate government of President Zelaya and also popular leaders. We have almost a national strike for workers, people, students and intellectuals, and they are organized in a popular resistance-run pacific movement against this violation of the democracy. So we want a democracy now. We want people from all over the world to [inaudible] service, make contacts, because what we are looking right now is a really -- hello? Hello? Hello?
Read the rest of the post on the flip side »
SCOTUS: Teen Strip-Search Ruled Unconstitutional, But School Officials Are Off the Hook
Posted by Adam B, Daily Kos on June 25, 2009 at 10:54 AM.
In an 8-1 decision this morning, the Supreme Court of the United States held that 13-year old Savana Redding's constitutional rights were violated when school officials suspecting her of hiding prescription-strength Advil and Aleve forced her to expose her breasts and pelvic area to school officials by pulling her underclothes away from her body. However, seven of the nine Justice held that because this constitutional right was not sufficiently established as a clear violation of her rights at the time of the offense, the school officials were entitled to qualified immunity from damages for the search -- which, by the way, found nothing.
Here's the facts: middle-schoolers Savana Redding and Marissa Glines were already known as "an unusually rowdy group" at Safford Middle School -- at the school’s opening dance in August 2003, alcohol and cigarettes were found in the girls’ bathroom, and the girls were thought to be part of that perilous posse. One of their classmates, Jordan Romero, told school officials that "certain students were bringing drugs and weapons on campus," and that he had been sick after taking some pills that "he got from a classmate," later handing Assistant Principal Wilson a white pill that he said Marissa had given him. [Jordan also told the principal that before the dance, he had been at a party at Savana’s house where alcohol was served. The record does not reflect whether he has been invited back.]
The pill was a 400 mg Advil, prescription-strength. Marissa got called to the Wilson’s office, and inside her pockets were a blue pill, several white ones and a razor blade. Inside Savana's dayplanner, which Marissa was borrowing, were several knives, several lighters, a cigarette, and a permanent marker. The school nurse and a secretary – both women – searched Marissa's bra and underwear, finding nothing. Marissa said the blue pill came from Savana, and so into the office she was haled next.
Wilson showed Savana the four white pills – all prescription-strength Advil, and the blue pill, an Aleve (as Poison Control explained when he called), all banned under school rules without advance permission. Savana said she didn’t know anything about them, and denied distributing them to others. She agreed to let them search her backpack, where nothing was found. At that point, Justice Souter explains in the part of the ruling with which everyone but Justice Thomas agreed,
Wilson instructed Romero to take Savana to the school nurse’s office to search her clothes for pills. Romero and the nurse, Peggy Schwallier, asked Savana to remove her jacket, socks, and shoes, leaving her in stretch pants and a T-shirt (both without pockets), which she was then asked to remove. Finally, Savana was told to pull her bra out and to the side and shake it, and to pull out the elastic on her underpants, thus exposing her breasts and pelvic area to some degree. No pills were found....
The exact label for this final step in the intrusion is not important, though strip search is a fair way to speak of it. [The secretary and nurse] directed Savana to remove her clothes down to her underwear, and then "pull out" her bra and the elastic band on her underpants. Although [they] stated that they did not see anything when Savana followed their instructions, we would not define strip search and its Fourth Amendment consequences in a way that would guarantee litigation about who was looking and how much was seen.The very fact of Savana’s pulling her underwear away from her body in the presence of the two officials who were able to see her necessarily exposed her breasts and pelvic area to some degree, and both subjective and reasonable societal expectations of personal privacy support the treatment of such a search as categorically distinct, requiring distinct elements of justification on the part of school authorities for going beyond a search of outer clothing and belongings.
Savana’s subjective expectation of privacy against such a search is inherent in her account of it as embarrassing, frightening, and humiliating. The reasonableness of her expectation (required by the Fourth Amendment standard) is indicated by the consistent experiences of other young people similarly searched, whose adolescent vulnerability intensifies the patent intrusiveness of the exposure. See Brief for National Association of Social Workers et al. as Amici Curiae 6–14; Hyman & Perone, The Other Side of School Violence: Educator Policies and Practices that may Contribute to Student Misbehavior, 36 J. School Psychology 7, 13 (1998) (strip search can "result in serious emotional damage"). The common reaction of these adolescents simply registers the obviously different meaning of a search exposing the body from the experience of nakedness or near undress in other school circumstances. Changing for gym is getting ready for play; exposing for a search is responding to an accusation reserved for suspected wrongdoers and fairly understood as so degrading that a number of communities have decided that strip searches in schools are never reasonable and have banned them no matter what the facts maybe, see, e.g., New York City Dept. of Education, Reg. No. A–432, p. 2 (2005), online at http://docs.nycenet.edu/... ("Under no circumstances shall a strip-search of a student be conducted").
Humiliating, sure, but unconstitutionally unreasonable? Yes, that too:
Here, the content of the suspicion failed to match the degree of intrusion. Wilson knew beforehand that the pills were prescription-strength ibuprofen and over-the-counter naproxen, common pain relievers equivalent to two Advil, or one Aleve. He must have been aware of the nature and limited threat of the specific drugs he was searching for, and while just about anything can be taken in quantities that will do real harm, Wilson had no reason to suspect that large amounts of the drugs were being passed around, or that individual students were receiving great numbers of pills.
Nor could Wilson have suspected that Savana was hiding common painkillers in her underwear. Petitioners suggest, as a truth universally acknowledged, that "students ... hid[e] contraband in or under their clothing," and cite a smattering of cases of students with contraband in their underwear. But when the categorically extreme intrusiveness of a search down to the body of an adolescent requires some justification in suspected facts, general background possibilities fall short; a reasonable search that extensive calls for suspicion that it will pay off. But nondangerous school contraband does not raise the specter of stashes in intimate places, and there is no evidence in the record of any general practice among Safford Middle School students of hiding that sort of thing in underwear; neither Jordan nor Marissa suggested to Wilson that Savana was doing that, and the preceding search of Marissa that Wilson ordered yielded nothing. Wilson never even determined when Marissa had received the pills from Savana; if it had been a few days before, that would weigh heavily against any reasonable conclusion that Savana presently had the pills on her person, much less in her underwear.
In sum, what was missing from the suspected facts that pointed to Savana was any indication of danger to the students from the power of the drugs or their quantity, and any reason to suppose that Savana was carrying pills in her underwear. We think that the combination of these deficiencies was fatal to finding the search reasonable.
Read the rest of the post on the flip side »
The Hidden Effects of "Don't Ask Don’t Tell"
Posted by Abe Forman-Greenwald, Brave New Foundation on June 23, 2009 at 3:00 PM.
When President Obama recently chose Sonia Sotomayor as his Supreme Court nominee, he singled out her "practical understanding of how the law works in the everyday lives of the American people." It is now time for Obama to apply that standard to the families of gays and lesbians who choose to serve in the United States military. A practical understanding of the effects of "Don’t Ask Don’t Tell" on the partners of gay service members would quickly reveal its failures.
As a producer of the documentary series In Their Boots, I have been privileged to meet a number of recent veterans and their families. These vets face many complex issues to which there are no easy solutions. From a lack of mental health resources to the struggles of integrating back into civilian society, there are difficult policy choices that must be made in order to best serve our nation’s veterans and their families. However, one issue facing military families has a clear and obvious solution. By repealing "Don’t Ask Don’t Tell," our government could allow gay service members to communicate with their loved ones openly while on deployment, and it would save millions of dollars currently wasted by discharging essential military personnel during wartime. How’s that for a 2 for 1 deal?
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Unauthorized Immigrant Youths Rise Up Nationwide
Posted by Kyle Hussein de Beausset, Citizen Orange on June 23, 2009 at 8:40 AM.
It's a story that has been told time and time again. It has been written in poems. It has been captured in photos. It has been screened in videos.
If you're on the Internet and you haven't heard of the DREAM Act, you're not doing it right. Seriously, just throw your computer out the window right now. Keeping your computer is not worth your money or your time...
If you're still here, I'll let you get away with watching this video:
A Dream Deferred. from Jeesoo Park on Vimeo.
Today, in one of the most impressive youth-led campaigns of the contemporary migrant rights movement, hundreds of youth from over 15 states will converge on Washington D.C. to demonstrate for the DREAM Act. For those who cannot make it solidarity actions will be planned in a dozen states. The National DREAM Act Graduation Day on June 23, 2009 "will underscore the importance of advancing the 'DREAM Act' and the 'American Dream Act' to give these youth a chance to attend college and pursue their goals."
If you won't be in D.C. or you can't be at one of the
solidarity actions, make sure you take
10 actions in favor the the DREAM Act.
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