#Free Speech Coalition v. Paxton

[justinspoliticalcorner]

Gabe Fleisher at Wake Up To Politics (10.07.2024):

This morning also marks the beginning of the Supreme Court’s 2024-25 term, which will be the focus of today’s newsletter. The court’s last term was marked by highly charged political cases, several of them decided with the six conservative justices in the majority and the three liberal justices in the minority, including Trump v. United States (which set the standard for how presidents can and can’t be prosecuted) and Loper Bright Enterprises v. Raimondo (which significantly reduced the power of the regulatory state). The court also weighed in on disputes over racial gerrymandering and bump stocks for firearms (also along the same 6-3 battle lines), as well as cases involving January 6th, social media, abortion pills, opioids, pollution, and Donald Trump’s eligibility to run for the White House (all of which were decided along more mixed ideological lines). [...]

That’s the context in which the nine justices will appear from behind the bench this morning to hear their first oral arguments of the term at 10 a.m. ET. The term ahead does not — yet — have as many controversial cases on the docket, but there are still several high-profile disputes. Here are some of the key cases to watch this term:

United States v. Skrmetti: After years of the issue roiling the country, this will be the Supreme Court’s first formal foray into adjudicating transgender health care. The case stems from the federal government’s challenge to a Tennessee law banning puberty blockers, cross-sex hormones, and gender-transition surgeries for minors. The court’s decision will have broad national ramifications, likely carrying over to the 24 other states with similar prohibitions on the books.

Garland v. VanDerStok: Like last term, which included multiple gun control cases, the Supreme Court will take up another Biden administration gun regulation later this week. This one involves “ghost guns,” firearms that are put together with kits at home — and therefore don’t have serial numbers and are untraceable by authorities. In 2022, the Justice Department unveiled a rule requiring vendors who sell ghost guns to treat them as fully completed firearms; gun rights groups are now challenging the regulation.

Free Speech Coalition, Inc. v. Paxton: Another hot-button culture war issue is at the center of this case, which involves challenges to a Texas law requiring pornographic websites to verify their users’ ages. The Free Speech Coalition, a trade association for the adult entertainment industry, is arguing that the law violates their First Amendment rights, while Texas says the statute protects children. As in 10 other states with similar laws, the site Pornhub has opted to block access to users in Texas rather than comply with the requirements.

Other cases involving the death penalty, nuclear waste, and vaping are also poised to reach the court.

SCOTUS will have some big cases on the docket this term:

United States v. Skrmetti (gender-affirming care)

Garland v. VanDerStok (ghost guns)

Free Speech Coalition v. Paxton (age verification)

[masterofd1saster]

CJ court watch - case to watch this fall

Free Speech Coalition, Inc. v. Paxton, No. 23-1122 is about a Texas law that prohibits distributing pr0n to minors. It requires websites to ensure that subscribers are adults.

QUESTION PRESENTED: This Court has repeatedly held that States may rationally restrict minors' access to sexual materials, but such restrictions must withstand strict scrutiny if they burden adults' access to constitutionally protected speech. See, e.g., Ashcroft v. ACLU, 542 U.S. 656, 663 (2004). In the decision below, the Fifth Circuit applied rational-basis review-rather than strict scrutiny-to vacate a preliminary injunction of a provision of a Texas law that significantly burdens adults' access to protected speech, because the law's stated purpose is to protect minors. The question presented is: Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults' access to protected speech, instead of strict scrutiny as this Court and other circuits have consistently done.

I don't think the case has been set for argument, but it will probably be argued this fall.

The problem for the pr0nographers is that Texas doesn't restrict the transfer of pr0n from sellers/distributors to adults; it only requires the seller to verify the consumer is actually an adult.

[aidan-sousa]

Social Media Policy

Social Media, like anything else, is always evolving and changing. We see how brand and companies react to the changes on social media. A trend that is happening is that brands on twitter, instagram and facebook will post more lighthearted images and videos such as memes related to their product. One current case is Moody vs Netchoice https://www.oyez.org/cases/2023/22-277. This case is still pending and was just created earlier this year. Another current and ongoing case is the Free Speech Coalition vs Paxton https://www.scotusblog.com/case-files/cases/free-speech-coalition-v-paxton/ . This case is also currently ongoing as well. The ongoing issue according to Scotusblock.com is "Whether the Supreme Court should stay the U.S. Court of Appeals for the 5th Circuit’s judgment allowing Texas to enforce the age verification requirements of H.B. 1181 on commercial websites that contain sexual content." I looked at Instagram's code for ethics on social media https://about.instagram.com/blog/announcements/instagram-community-guidelines-faqs#:~:text=Illegal%20Content%20%E2%80%93%20We%20don't,the%20targeting%20of%20private%20individuals. Some basic rules are no nudity, hate speech/bullying, no violence, and praising of terrorism or violence either.

One brand who constantly good social media practices is Patagonia https://medium.com/@vmcgowan/how-patagonia-is-doing-social-media-right-b3bc6e1b06d7. One good thing that they do is that they post photos that people have sent to them wearing their brand or supporting their brand. Patagonia is also a brand that supports the environment. One professional that practices good social media ethics is Jayson Tatum https://www.instagram.com/jaytatum0/. Jayson is someone that any kid can look up to as a good influence and it shows on his Instagram. Jayson is the top player for the Celtics so he knows that he will always be looked at heavily in the public eye. All of his posts are just pictures of him on the court playing, pictures of him with friends and teammates and pictures of him with his kid. All of these posts are very harmless and anyone can go on his account without getting offended at all by anything. Some takeaways to get from his posts are that when you are a celebrity, it is important to know that everything that is posted will instantly be seen for everyone to see forever because that post will be screenshotted by people right away. This same rule can be applied to everyone that uses social media and you really have to careful and think over what you are about to post.

Colorado State University put up a great article on the rules of the internet and how to conduct yourself https://coursedesign.colostate.edu/obj/corerulesnet.html . Some obvious ones that are on here is to respect everyone and remember that the person on the other side of the screen is also a human. Another key thing is to treat another person as you would if you were talking to them in real life. Another important key is to remember to respect everyone else's privacy.

Some core concepts to follow when online that I would like to use

Respect privacy

Be respectful and not to use offensive language publicly

Always be careful of who you accept on friends lists

Make sure you double check everything you post

Remember there is another person on the other side of the screen

[masterofd1saster]

CJ current events 21mar24

Pornhub has shut down access in Texas.

Pornhub wants you to know its feelings hurt over Free Speech Coalition v. Paxton, 23-50627 (5th Cir. 2024).

CV NEWS FEED // Pornhub has ceased offering its explicit website in the state of Texas, citing the Lone Star State’s passage of a law that protects children from viewing online pornography. The Houston Chronicle reported Thursday that visitors who attempt to access Pornhub’s site from Texas “are now greeted with a long message from the company railing against the legal change as ‘ineffective, haphazard, and dangerous.’” “The company calls for age verification by the makers of devices that let people on the internet, instead of individual websites,” the Chronicle added. Pornhub wrote in its message to users: “As you may know, your elected officials in Texas are requiring us to verify your age before allowing you to access our website.”***

Oh, no. If you're a Texan who like pr0n, how will you survive?

***

CIA was at the Capitol on January 6????

&

&

&

ATF SRT After Action Report, Activation Number SRT- 21-075 (Jan. 6-7, 2021).

WT Flock?

***

Testify against Clinton or something?

Police said the Boeing whistleblower found dead in his car outside a South Carolina hotel last Saturday was found with a "silver handgun" and a "white piece of paper that closely resembled a note," Newsweek reported Friday. The Charleston Police Department said it was still making inquiries about John Barnett, who was discovered in a hotel car park with a single gunshot wound to the head.*** A coroner’s report said Barnett, 62, died from a "self-inflicted" wound, though a close family friend of Barnett’s told WCIV-TV,"I know he did not commit suicide." "He wasn't concerned about safety because I asked him," the friend said. "I said, 'Aren't you scared?' And he said, 'No, I ain't scared, but if anything happens to me, it's not suicide.' "*** https://www.newsmax.com/newsfront/john-barnett-boeing-handgun/2024/03/15/id/1157484

***

Colorado Prison Director is "TRAVIS TRANI?"

Colorado is poised to become the first state in the country with segregated holding cells for transgender women in prison, if a judge signs off on it.  After a class action lawsuit was filed by several transgender inmates in 2019 against the Colorado Department of Corrections (CDOC) alleging discrimination, harassment and assault, a judge is scheduled to rule on a consent decree that would bring further changes – including surgical sex changes and hormone treatment – to the state's penitentiary, Fox News Digital has learned.  The consent decree, a court-ordered settlement in a legal dispute, would also require all trans women currently or previously in CDOC to receive a $2.1 million payout, depending on the severity of the alleged assault, discrimination and harassment while in prison. Rewards could range from $1,000 to $10,000 per plaintiff. *** The decree would enact several changes. First, it would create two separate housing units for transgender women inmates: the "Voluntary Transgender Unit" (VTU) at the men's Sterling Correctional Facility, and the "Integration Unit" (IU) at the Denver Women’s Correctional Facility.*** Greisen told Fox News Digital the decree would also "allow the class members to transition to gender-affirming housing at the women’s facility, and ensure that necessary medical and mental health treatment will be provided." *** https://www.foxnews.com/politics/colorado-to-become-the-first-state-to-build-separate-inmate-units-for-transgender-women

Raven v. Polis, 2019CV34492 (Denver D.).

Nothing in the consent decree says transgender people won't or can't be incarcerated in women's prisons. You might be a small woman serving a sentence for a non violent crime sharing a judicially approved cell with

Keith Rivers, 46, now known as "Cupcake," is currently serving a life sentence for murdering a victim outside a tavern in 1999. According to the class action lawsuit, Rivers came out as transgender in 2004 *** Another plaintiff, Andre Karpierz, 47, who goes by "Lavinya," is also serving a life sentence without the possibility of parole for first degree murder. Karpierz is currently being held in the Denver Womens Correctional Facility, according to CDOC records.

***

Funny duffleblog -

Military aide must ‘dummy cord’ nuclear football after leaving it on Biden’s Corvette

"I guess finger sandwiches are more important than nuclear security, huh?"

Whiskey Fueled Tirade March 18, 2024 THE WHITE HOUSE – Lt. Col. Jason Schmutz will be required to ‘dummy cord’ the President’s Emergency Satchel, commonly referred to as the ‘nuclear football,’ to his body after leaving it on top of President Biden’s 1967 Corvette Stingray, sources confirmed today.  “What a f*cking newb,” White House Chief of Staff Jeff Zients told the Duffel Blog. “The nuclear football sat on the hood of the President’s ‘shaggin’ wagon’ for the better part of an hour while Schmuckatelli was stuffing his face.” This is not the first time sensitive materials were left in the vicinity of the president’s sports car. In 2023, it came to light that President Biden had classified documents stored in his garage next to his Corvette.*** Sources say Schmutz was eating lunch in the West Wing when he stopped eating and looked around his seat, turned pale, and ran out of the Navy Mess. By the time he reached the President’s Corvette, a Secret Service agent had secured the nuclear briefcase and handed it over to the White House Military Office sergeant major.  “Missing something, sir?”, the sergeant major asked, the briefcase sitting on his desk next to a large spool of 550 paracord. “I spoke with the Chief of Staff and he thought it might be a good idea if we made it, uhh, a bit more difficult to leave your weapon system here behind, hooah?”*** “He messed up but I think he can still recover,” Schmutz’s colonel said as he signed career-ending UCMJ paperwork for an enlisted servicemember who lost his government cell phone. “He’s a good officer and man can he run fast.” At press time, Schmutz was seen walking toward Marine One next to the President, the nuclear football tethered to his Army Green Service Uniform belt. https://www.duffelblog.com/p/military-aide-must-dummy-cord-nuclear-football-after-leaving-it-on-biden-s-corvette

***

Why try to hide it?

Both https://www.nbcwashington.com/news/local/maryland-church-teacher-accused-of-child-sex-abuse/3565670/ and https://wjla.com/news/local/sexual-abuse-teacher-derwood-montgomery-county-police-department-ervin-jeovany-alfaro-lopez-minor-children-charges-arrest-multiple-charges-crime report that Ervin Jeovany Alfaro-Lopez molested multiple kids at a church in Maryland.

What they fail to mention is that Alfaro-Lopez is "an undocumented immigrant from El Salvador who has been deported twice from the United States." Even MSN can see how that's relevant. https://www.msn.com/en-in/news/world/ervin-jeovany-alfaro-lopez-maryland-church-teacher-charged-with-child-abuse-is-a-twice-deported-illegal-migrant.

***

Yeah, so?

An expert who has testified in foster care cases across Colorado admits her evaluations are unscientific

https://i0.wp.com/www.denverpost.com/wp-content/uploads/2024/03/TDP-Z-20230410-Bailey-Colorado-Interveners-01-1.jpg?fit=780%2C9999px&ssl=1

Diane Baird, LCSW, at her desk in Wheat Ridge. (Photo by Trent Davis Bailey for ProPublica)

Diane Baird had spent four decades evaluating the relationships of poor families with their children. But last May, in a downtown Denver conference room, with lawyers surrounding her and a court reporter transcribing, she was the one under the microscope. Baird, a social worker and professional expert witness, has routinely advocated in juvenile court cases across Colorado that foster children be adopted by or remain in the custody of their foster parents rather than being reunified with their typically lower-income birth parents or other family members. In the conference room, Baird was questioned for nine hours by a lawyer representing a birth family in a case out of rural Huerfano County, according to a recently released transcript of the deposition obtained by ProPublica. Was Baird’s method for evaluating these foster and birth families empirically tested? No, Baird answered: Her method is unpublished and unstandardized, and has remained “pretty much unchanged” since the 1980s. It doesn’t have those “standard validity and reliability things,” she admitted. “It’s not a scientific instrument,” Eli Hager reports.

If you thought social work was a science, I really must ask you to drop the crack pipe.

+++

Watched a really good movie, Regression (2015). Shrink purported to offer scientific advice on interrogation in a ritual satanic abuse case. trailer The result was false accusations.

***

BB -

***

Aspiring drag queens have the right to Equal Protection

SHANGELA WAS A breakthrough star. With her sharp-tongued retorts, viral catchphrases, and distinctive Southern accent, the gregarious Texas drag queen quickly rose to become one of RuPaul’s Drag Race’s most beloved contestants. “[It’s] like ‘Angela’ with an ‘S-H,’” she explained on the show. “The debutantess of the Deep South.” Despite an early Season Two elimination when the queen was in her late twenties, a more polished version of the future star returned to the runway for two other installments in the show’s franchise. Drag Race fans often complain that she was robbed of the crown during her appearance on the show’s All Stars spinoff. “She’s amazing. We’ve actually put her on the show, like, three times?” RuPaul told Andy Cohen in 2022. “She’s a fabulous queen.”*** But behind the curtain — in hotel rooms and apartments — four people allege to Rolling Stone that Darius Jeremy (“DJ”) Pierce, the man behind the famous drag persona, either sexually assaulted them or attempted to have sex with them when they were too inebriated to consent. A fifth person claims Pierce attempted anal penetration in a bathroom closet despite rejecting his advances. *** Five people independently described nights out with Pierce when they were between the ages of 18 and 23. All five said that Pierce, nearly double their age and fresh off headline-grabbing spots on the silver screen and awards-show red carpets, drank with them through the late hours of the night and into the morning. The accusers all said they were acutely aware of Shangela’s celebrity status — three people said they were aspiring drag queens. *** https://www.rollingstone.com/tv-movies/tv-movie-features/shangela-rupaul-drag-race-sexual-assault-1234974148/

***

Thurs

Good parents?

HOUSTON – A trio of suspected bank robbers dubbed “little rascals” are in custody, according to FBI Houston. The three boys are accused of robbing a Wells Fargo in the 10200 block of North Freeway. “They are 11, 12, and 16-year-old boys charged locally with robbery by threat. Because they are juveniles, their names, and no additional details will be released,” FBI Houston said on X, formerly known as Twitter. According to KPRC 2, KSAT’s sister station in Houston, the group of suspects demanded cash from a bank teller.*** Two of the suspects were arrested after their parents allegedly noticed them in the security footage and contacted law enforcement, according to CNN.*** https://www.ksat.com/news/local/2024/03/20/group-of-children-dubbed-little-rascals-arrested-for-robbing-wells-fargo-bank-fbi-says

***

Free speech case

Rubbing it in.

***

If you want to work at that school, they prolly want your fingerprints

Bensenville, Illinois - Chicago suburb

***