Tag: california

Ninth Circuit rebukes lawmakers, grants injunction against California law targeting gun marketing

A California law ostensibly aimed at restricting the marketing of firearms to minors infringes on the free speech rights of adults, according to a three-judge panel on the Ninth Circuit Court of Appeals. In its ruling handed down on Thursday morning, the panel vacated a lower court decision denying an injunction against the law’s enforcement and delivered a resounding win for both First and Second Amendment advocates.

Writing for the majority, Judge Kenneth Lee ruled that the law forbidding marketing and advertising firearms that “reasonably appear to be attractive to minors” is likely to infringe on the First Amendment, given that the statute is so broadly written that advertisements aimed at adults who can lawfully purchase a firearm would be swept up in its provisions.

While California has a substantial interest in reducing gun violence and unlawful use of firearms by minors, its law does not “directly” and “materially” further either goal. California cannot straitjacket the First Amendment by, on the one hand, allowing minors to possess and use firearms and then, on the other hand, banning truthful advertisements about that lawful use of firearms. There is no evidence in the record that a minor in California has ever unlawfully bought a gun, let alone because of an ad. Nor has the state produced any evidence that truthful ads about lawful uses of guns—like an ad about hunting rifles in Junior Sports Magazines’ Junior Shooters—encourage illegal or violent gun use among minors. Simply put, California cannot lean on gossamers of speculation to weave an evidence-free narrative that its law curbing the First Amendment “significantly” decreases unlawful gun use among minors. The First Amendment demands more than good intentions and wishful thinking to warrant the government’s muzzling of speech.

California’s law is also more extensive than necessary, as it sweeps in truthful ads about lawful use of firearms for adults and minors alike. For instance, an advertisement directed at adults featuring a camouflage skin on a firearm might be illegal because minors may be attracted to it.

While the state of California had argued that the statute didn’t violate the First Amendment given the broader latitude given to regulations on commercial speech, the panel was unswayed, with Lee writing that even under a lowered standard of intermediate scrutiny the law fails to pass constitutional muster in light of the fact that the “state has made no showing that broadly prohibiting certain truthful firearm-related advertising is sufficiently tailored to significantly advance the state’s goals of preventing gun violence and unlawful firearm possession among minors.”

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New poll finds California voters resoundingly oppose cash reparations for slavery

California voters oppose the idea of the state offering cash payments to the descendants of enslaved African Americans by a 2-to-1 margin, according to the results of a new poll that foreshadows the political difficulty ahead next year when state lawmakers begin to consider reparations for slavery.

The UC Berkeley Institute of Governmental Studies poll, co-sponsored by The Times, found that 59% of voters oppose cash payments compared with 28% who support the idea. The lack of support for cash reparations was resounding, with more than 4 in 10 voters “strongly” opposed.

“It has a steep uphill climb, at least from the public’s point of view,” said Mark DiCamillo, director of the IGS poll.

Democratic Gov. Gavin Newsom and state lawmakers created California’s Reparations Task Force in 2020 with the goal of establishing a path to reparations that could serve as a model for the nation. After two years of deliberations, the task force sent a final report and recommendations this summer to the state Capitol, where Newsom and the Democratic-led Legislature will ultimately decide how the state should atone for slavery.

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CALIFORNIA MIGHT LEGALIZE MAGIC MUSHROOMS

A BILL TO legalize psychedelics is on a trip to California Gov. Gavin Newsom’s office.

On Thursday, the California Senate gave final approval to a bill legalizing certain psychedelics for people who are 21 or older. If Newsom signs the bill, it will go into effect in 2025 and make it legal to possess or grow plant-based psychedelics, including psychedelic mushrooms.

Newsom has not said where he stands on the bill, but he has mostly been a critic against the war on drugs, having been a leading voice to legalize cannabis in California and reduce nonviolent offenses like drug crimes to misdemeanors rather than felonies. Last year, however, he vetoed a bill that would have allowed three California cities to operate supervised drug-consumption sites in efforts to combat fatal overdoses.

“We respect the legislative process and don’t typically comment on pending legislation,” a Newsom spokesperson told Marijuana Moment on Thursday. “The governor will evaluate the bill on its merits when it reaches his desk.”

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HOW CALIFORNIA COPS EXPLOIT LEGAL GRAY AREAS TO CONTINUE THEIR WAR ON CANNABIS

Zeke Flatten was driving southbound on Highway 101 in Northern California in December 2017 when he was pulled over by an unmarked SUV with flashing emergency lights.

Two officers clad in green, military-style garb and bulletproof vests approached Flatten’s vehicle but didn’t identify themselves. After asking Flatten if he knew how fast he was going, one of the men told him they suspected he was transporting cannabis, according to court documents. Flatten was immediately suspicious.

“He never mentioned anything else about the reason, probable cause, why he stopped me,” Flatten said in an interview with The Appeal.

The officers were correct, however: Flatten, a film producer and former undercover cop who’d temporarily relocated to Northern California, had three pounds of marijuana, including a few rolled joints, in the car—worth over $3,000 at the time. Flatten says he was working on a number of cannabis-related projects and was driving to a lab to test the weed, which he’d hoped to sell legally.

Just over a year before the stop, California had voted to legalize the personal cultivation and possession of up to an ounce of marijuana with the passage of Proposition 64. Under the measure, possession of larger amounts of cannabis was reduced from a felony offense to a misdemeanor, punishable by up to six months of incarceration and a maximum $500 fine.

But marijuana remains illegal at the federal level, classified as a Schedule 1 substance alongside drugs like heroin, LSD, and MDMA, known as Ecstasy. When the officers identified themselves as members of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a federal agency, Flatten said he started to realize something was off.

“There’s no patches, there’s no badges, there’s no name tags,” Flatten said.

Flatten says he offered to show the officers his medical marijuana card, which should have allowed him to have the cannabis. But they didn’t want to look at the card. He figured if the agents believed the marijuana was illegal, they’d take it and provide him a receipt for the seizure, which would give him a chance to argue his case in court, Flatten said.

Instead, they proceeded to confiscate the cannabis from the back of Flatten’s car without running his name for warrants, or issuing a traffic ticket, court summons, or even documentation of the seizure, Flatten said. The officers did tell him that he might be getting a letter from the federal government. But he never did.

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California Attorney General Calls For ‘Lowering Taxes’ On Marijuana To Combat The Illicit Market

California’s attorney general says the cost of doing business in the state’s legal marijuana marketplace is too steep, pointing to high taxes and compliance hurdles that can create incentives for entrepreneurs to remain in the illicit market.

“The barriers to entry are too high,” state Attorney General Rob Bonta (D) said at an event in Fresno on Tuesday. “The costs to stay in operation are too high. And we should be lowering taxes at least temporarily.”

For operators trying to comply with state law, he continued, “We should make the regulatory burden less than what it is while we target the illicit market that is undercutting them.”

Bonta’s comments came as he announced a new program to aid cities and counties in addressing illegal marijuana activity through administrative enforcement and nuisance abatement. For too long, he said, fly-by-night operators in the state have gotten away with it.

“Some folks believe they can avoid the tax burden or regulatory burden and just operate and make a profit without being legal,” Bonta said at the event. “And they’ve been doing it. They haven’t been shut down. They haven’t had an administrative action taken against them. And that’s what is necessary, and that’s why this will be an important tool.”

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Parent Slams California School For Holding ‘No Whites Allowed’ Kids Playdate

A parent at a California elementary school has slammed officials for sanctioning a playdate for kids that essentially segregated them by race, and excluded white children.

A flyer for the event at Anthony Chabot Elementary School in Oakland, CA notes that it is “for black, brown and API families.”

“If your family identifies as Black, Brown, or API or are [sic] a parent/caregiver of a Black, Brown, or API student. Come hang out while we get a chance to know each other and build our community as we kick off this schoolyear [sic],” reads the invite to the event.

Ironically it was hosted by the school ‘equity & inclusion committee’.

Taking to social media, the parent noted “I dunno about others, but I’m genuinely upset about what ultimately boils down to a “No whites allowed” playdate.”

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Feds Demand Action on School Sexual Misconduct. Will California Heed the Call?

Across the nation, schools have repeatedly hidden instances of teacher misconduct that, in some cases, allow educators to inflict the same behaviors on more students. 

San Francisco’s public school district has entered into resignation agreements with 19 employees accused of sexual misconduct since 2017, The Standard previously revealed. One of those teachers had left another Bay Area school under separate sexual misconduct allegations 20 years prior, unbeknown to administrators. 

To prevent schools from unwittingly hiring teachers credibly accused of sexual misconduct, federal education officials want states to tighten regulations. Though criminal background checks are required for most school staff across the nation, the U.S. Education Department warned it creates a false sense of security. In a July 2022 report, the department called on states to enact more protections. 

California is one of many states that does not explicitly prohibit the suppression of information about employee misconduct. And, nearly one year after the federal report, state leaders have made little progress in assessing what needs to be done. Gaps also remain when it comes to tracking non-credentialed school staff accused of misconduct, and in tracking records of staff from out of state.

In response to questions regarding potential new practices, the California Department of Education said, it “has, by statute and regulations, a limited role in local matters with public schools. Any change to this oversight would require legislative action.”

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LAWSUIT: FIRE sues to stop California from forcing professors to teach DEI

Today, the Foundation for Individual Rights and Expression filed a lawsuit on behalf of six California community college professors to halt new, systemwide regulations forcing professors to espouse and teach politicized conceptions of “diversity, equity, and inclusion.”

Each of the professors teach at one of three Fresno-area community colleges within the State Center Community College District. Under the new regulations, all of the more-than-54,000 professors who teach in the California Community Colleges system must incorporate “anti-racist” viewpoints into classroom teaching. 

The regulations explicitly require professors to pledge allegiance to contested ideological viewpoints. Professors must “acknowledge” that “cultural and social identities are diverse, fluid, and intersectional,” and they must develop “knowledge of the intersectionality of social identities and the multiple axes of oppression that people from different racial, ethnic, and other minoritized groups face.” Faculty performance and tenure will be evaluated based on professors’ commitment to and promotion of the government’s viewpoints. 

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FBI Arrests 10 Officers In ‘Wide Ranging’ Federal Corruption Case

The Federal Bureau of Investigation (FBI) has filed charges against 10 present and former police officers from the California cities of Antioch and Pittsburg Thursday in a major federal corruption case.

“Today is a dark day in our city’s history, as people trusted to uphold the law, allegedly breached that trust and were arrested by the FBI,” Antioch Mayor Lamar Thorpe said in a statement.

The charges range from cheating on training courses to serious violations of civil rights, Mercury News reported. The focus of the allegations is mainly on Antioch Police Department (APD), which has reportedly faced complaints about excessive force and a scandal involving racist text messages.

Three officers, two currently serving and one former, are accused of committing civil rights violations, per Mercury News. The charges alleged they planned violence against specific people, kept “trophies” of their actions and lied in official reports to cover up their deeds.

Text messages exchanged between the officers reportedly reveal conversations discussing violent plans and sharing pictures of the people they targeted. In one instance, officers discussed a plan for violence, Mercury News noted.

APD Officer Devon Wenger wrote, “We need to get into something tonight bro!! Lets go 3 nights in a row dog bite.”

Later that day, APD Officer Morteza Amiri texted Wenger pictures of an injured person they allegedly pulled out of a car and threw to the ground, Mercury News reported. 

Federal officials also charged Wenger and former APD Officer Daniel Harris with possession of and conspiracy to distribute anabolic steroids, according to Mercury News. Authorities charged former APD Officer Timothy Manly Williams with obstruction for allegedly interfering with an ongoing homicide and attempted murder investigation. 

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Chief psychologist of California children’s hospital claims kids can identify as ‘gender minotaurs’ as she celebrates ‘revolution’ by youth who ‘know more than we do’

A Chief psychologist at a California children’s hospital has claimed children can identify as ‘gender minotaurs’.

Dr. Diane Ehrensaft is the director of mental health and chief psychologist at the UCSF Benioff Children’s Hospital gender development center. 

Her research focuses on the effects of puberty blockers and hormones on children. 

First reported by Fox News, Ehrensaft has made claims that children can identify as gender hybrids, which include  ‘gender minotaur’.

The Minotaur, in Greek mythology, was a creature which had the body of a man but the head of a bull. 

In a list of terms published by Ehrensaft, in a paper titled The Gender Affirmative Model, she refers to different ways in which children have described themselves. 

One of these included ‘gender minotaur’, which is described as being a descriptor for a child who sees themselves as one gender on top, and another on their bottom half.  

Other claims made by the psychologist include what she describes as a ‘gender prius’.

This label is said to have been explained to her by a child who looked like a boy at the front, but had a long braid tied in their hair with a pink bow. 

According to the paper, the child said: ‘You see – I’m a Prius, a boy in the front, a girl in the back. A hybrid.’ 

Other terms include a ‘gender smoothie’ which is described as a variation of being gender fluid. 

One teenager described it to Ehrensaft as: ‘You take everything about gender, throw it in the blender, press the button, and you’ve got me—a gender smoothie.’

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