Customs Officers Need a Warrant to Search Your Cellphone at JFK

Judge Nina Morrison of the US District Court for the Eastern District of New York (Brooklyn, Queens, Staten Island, and Long Island) has ruled that police, including officers of U.S. Customs and Border Protection (CBP), need a warrant to search your cellphone at JFK International Airport, even when you are entering or leaving the US.

This ruling is certainly a positive development. It’s a break with a line of judicial decisions that have made US borders and international airports a Fourth Amendment-free zone, even for US citizens. It’s likely to influence other judges and other courts, even though — as a ruling from a District Court rather than an appellate court — it doesn’t set a precedent that’s binding even on other judges in the same Federal judicial district.

But there are important issues that weren’t addressed in this case, and important things you need to know to exercise your rights at JFK or other airports — even if judges in future cases in the same or other judicial districts are persuaded by the ruling in this case.

Keep reading

Updated Minnesota Law Allows Recreational Marijuana Smoking In Public, But Not In Apartments

Minnesota has some of the nation’s most permissive rules for smoking and vaping cannabis, being one of just a handful of states that allows public consumption. Aside from some local ordinances that are more restrictive, those 21 and older generally can smoke and vape wherever tobacco smoking is allowed.

But a date change in the state’s recreational marijuana and hemp law passed in May imposed a new restriction on private consumption that started July 1: Owners of multifamily housing must now ban smoking and vaping of cannabis. The restriction was contained in 2023’s House File 100 but it wasn’t to take effect until March of 2025.

There is a significant exception to that apartment ban, however. Medical cannabis users who are registered with the program and have a medical card must be allowed to use smokable and vapable cannabis, even in multifamily housing.

The ban was pushed last year by Sen. Ron Latz (DFL-St. Louis Park) as one condition for his support for HF 100. Because there were no GOP votes for the bill, every DFL member’s support was needed. As a compromise with bill sponsors, the effectiveness date was set for next March. That was the same time other provisions of the recreational law were to take effect and coincided when sponsors estimated the first recreational dispensaries would open for business.

This year it was determined that the March 2025 date was unworkable for various reasons. First, in order to enforce restrictions on sales of raw cannabis flower being marketed as hemp, the Office of Medical Cannabis needed to be merged with the Office of Cannabis Management (OCM) sooner. Second, so as to allow some cannabis cultivators to begin growing this fall, OCM needed to have jurisdiction over the rules governing medical cannabis cultivation right away, not next spring.

Changing the effectiveness dates of those provisions had the coincident effect of advancing the ban on smoking and vaping in multifamily housing. Existing clean indoor air laws and ordinances ban smoking of tobacco or cannabis in common areas of buildings—lobbies, hallways, laundry rooms and common outdoor areas. But until last month, apartment owners and managers could ban smoking in individual units but weren’t required to. Now they are, at least for cannabis.

Residents can still possess marijuana in multifamily housing and can likely grow plants under limits in the law. And they can use products such as edibles that don’t require combustion via smoking or vaping.

Keep reading

Newsom Threatens Laws Against Deepfakes After Kamala Harris Parody Video Goes Viral

In a clash between Gov. Gavin Newsom and tech magnate Elon Musk, the California governor promoted his intention to endorse a law targeting what he calls the misuse of AI in political advertising.

This decision escalates the ongoing dispute between the two influential figures. Newsom criticized a parody video shared by Musk, which seemed to showcase a campaign ad for Vice President Kamala Harris with a synthetic voiceover, by posting, “Manipulating a voice in an ‘ad’ like this one should be illegal. I’ll be signing a bill in a matter of weeks to make sure it is.”

Musk retorted sharply on social media, emphasizing the legality of parody in the United States.

Keep reading

Election 2024: Arizona and Michigan Train Clerks To Report AI Deepfakes To Law Enforcement

The AI (and specifically, deepfakes) panic is playing a prominent role in this US election campaign, with the states of Arizona and Michigan introducing a scheme to train election clerks in identifying content branded as such.

Arizona Secretary of State Adrian Fontes and Michigan and Minnesota counterparts Jocelyn Benson and Steve Simon, all three Democrats, are among those pushing an initiative called the Artificial Intelligence Task Force, launched by the NewDEAL Forum.

NewDEAL Forum is a Washington-based NGO whose board is populated by Democrat-associated figures, and which states it set out to “defend democracy” by developing tools and methods to help election officials and voters not only identify but also flag “malicious AI-generated activity” like deepfakes and “misinformation.”

Arizona and Michigan are considered to be swing states and there this effort is happening in the form of tabletop exercises that teach participants how to inform law enforcement and first responders about flagged content.

That’s not the only recently launched “project:” there’s liberal voting rights and media Democracy Docket platform, which is quoting Jocelyn Benson as saying that Michigan now has a law making “knowingly distributing materially-deceptive deep fakes” a felony.

But this applies only if this activity is seen as intending to harm a candidate’s reputation or chance at success, the Michigan secretary of state explained. However, it wasn’t immediately clear how transparent and precise the rules around determining the intent behind a deep fake are.

If applied arbitrarily, such legislation could catch a lot of things in its net – like satire and parody.

And it’s not an insignificant distinction when talking about AI, and deepfakes for that matter, since both have been around for a while, the latter notably in the entertainment industry.

Keep reading

Lawmakers Request Delay on Meta’s Shutdown of “Fact-Checker” Favorite Content Surveillance Tool

Meta’s decision to shut down a content surveillance tool called CrowdTangle, announced earlier in the year and about to take effect next month, has met with opposition from a group of US lawmakers.

CrowdTangle, which the giant bought in 2016, has over the years been “repurposed” by “fact-checkers,” researchers focusing on “disinformation” as well as media who flag it.

Meta said it is replaced by the Meta Content Library, available to some researchers but not commercial entities (such as media outlets, a number of whom are currently running “fact-checking” operations).

Now 17 lawmakers (three Republicans among them) have written to Meta asking that it reconsider this decision, referring to CrowdTangle as a “transparency tool” both for researchers and journalists.

The letter, addressed to CEO Mark Zuckerberg, says CrowdTangle is being used to “view and study” content on Facebook and Instagram, but also other platforms, searching for content ranging from foreign influence, and terrorism, to mental health.

We obtained a copy of the letter for you here.

Keep reading

NJ’s AR-15 ban is unconstitutional, but 10-round magazine limit OK, federal judge rules

New Jersey’s ban on the AR-15 rifle is unconstitutional, but the state’s cap on magazines over 10 rounds passes constitutional muster, a federal judge said Tuesday.

U.S. District Judge Peter Sheridan’s 69-page opinion says he was compelled to rule as he did because of the Supreme Court’s rulings in firearms cases, particularly the 2022 Bruen decision that expanded gun rights.

Sheridan’s ruling left both 2nd Amendment advocates and the state attorney general planning appeals. The judge temporarily delayed the order for 30 days.

Pointing to the high court’s precedents, Sheridan suggested Congress and the president could do more to curb gun-related violence nationwide.

“It is hard to accept the Supreme Court’s pronouncements that certain firearms policy choices are ‘off the table’ when frequently, radical individuals possess and use these same firearms for evil purposes,” he wrote.

Sheridan added: “Where the Supreme Court has set for the law of our Nation, as a lower court, I am bound to follow it. … This principle — combined with the reckless inaction of our governmental leaders to address the mass shooting tragedy afflicting our Nation — necessitates the Court’s decision.”

Keep reading

Florida Police Groups Oppose Marijuana Legalization Ballot Initiative, Claiming Reform Would Cause ‘Violent Assaults And Death’ Like Alcohol

Two major Florida law enforcement associations are calling on voters to reject a marijuana legalization initiative on the ballot this November, with one claiming it would pose a public safety risk because cannabis use is associated with “violent assaults and deaths” just like alcohol.

The Florida Police Chiefs Association (FPCA) and the Florida Sheriffs Association (FSA) both came out against the marijuana measure, Amendment 3, on Tuesday. They argued that the reform would cause increases in youth use, impaired driving, illicit operations and tax costs for residents, citing dubious evidence.

The chief of FPCA, representing over 1,300 law enforcement officials, said in a press release that passing the cannabis proposal “will hurt public safety and ultimately cost Floridians tax dollars and lives. Among these impacts will be the growth of illegal markets and criminal cartels, impaired driving and traffic fatalities, homelessness and hospitalization as a result of marijuana use.”

“The use of marijuana, just like with alcohol, is also a major risk factor for victimization, violent assaults, and deaths,” Tampa International Airport Police Department Chief Charles Vazquez, the organization’s leader, said.

“Studies have shown alcohol and marijuana in similar percentages of homicide victims (37.5 percent and 31 percent respectively), with the prevalence of marijuana highest in younger victims (15-20 years, 46.8 percent),” he said. “In addition, Black homicide victims had a considerably higher prevalence of marijuana (38 percent) than white victims (23.4 percent).”

The statement did not include citations, but a growing body of research has drawn clear distinctions challenging the idea that rates of violence associated with cannabis use are comparable to alcohol. For example, an analysis of violence between intimate partners that was published recently found that legalizing marijuana for adult use “results in a substantial decrease in rates of intimate partner violence.”

Keep reading

School That Gave Child COVID-19 Vaccine Against Parents’ Wishes Immune From Lawsuits: Court

A school that injected a minor with a COVID-19 vaccine despite the boy’s parents telling school officials they did not want him to receive a COVID-19 vaccine is immune under federal law, the Vermont Supreme Court has ruled.

The Federal Public Readiness and Emergency Preparedness Act (PREP Act) protects state and school officials who were named as defendants in a lawsuit brought by the minor’s parents, justices said in a July 26 decision.

“We conclude that when the federal PREP Act immunizes a defendant, the PREP Act bars all state-law claims against that defendant as a matter of law,” Justice Karen Carroll said.

The PREP Act, signed in 2005, grants immunity to administrators of covered vaccines except in cases involving willful misconduct. COVID-19 vaccines are covered because of a 2020 declaration, extended multiple times thereafter, by the U.S. health secretary.

Dario and Shujen Politella sued officials after their son was injected with a Pfizer-BioNTech COVID-19 shot in 2021 at the Academy School in the Windham Southeast School District. Before the school hosted a vaccine clinic, district and state officials confirmed that students needed parental consent to receive a vaccine, and the boy’s parents said they did not consent. Just days before holding the clinic, Mr. Politella emphasized to the school’s assistant principal that the parents did not want the boy to receive a shot.

The boy was removed from class on the day of the clinic and labeled as another child, who had already been vaccinated. The boy told workers his father said not to give him a vaccine, but they distracted him with a stuffed animal and gave him a shot, according to court documents.

The Vermont Superior Court dismissed the suit from the parents, finding that they needed to bring litigation in federal court under the PREP Act’s immunity exemption.

Lawyers for the parents, though, argued that officials did not show that the PREP Act covered their actions and that the case should play out in state court according to state laws. In a brief to Vermont justices, they pointed to other cases in which that has happened.

Keep reading

A Fetus Doesn’t Need Its Own Medical Marijuana License, Oklahoma Court Says

Oklahoma resident Amanda Aguilar was arrested after using marijuana while pregnant. Though Aguilar had a medical marijuana prescription, prosecutors reasoned that her fetus did not. They charged the mother of five with child neglect, a felony.

Now, the state’s highest criminal court says prosecutors had no basis to do that.

The ruling should be good news for women who use marijuana to help with morning sickness and other pregnancy ailments. But the opinions in this case make clear that some Oklahoma judges would like to see pregnant marijuana users criminalized.

“The baby has no medical marijuana license,” wrote Judge Gary L. Lumpkin in a dissenting opinion.

Even Judge Scott Rowland, who wrote the majority’s opinion, stressed that the court does not “condone marijuana use by an expectant mother” and urged Oklahoma lawmakers “to consider an addition to the law making clear when, if ever, the licensed use of marijuana may constitute child neglect.”

Keep reading

Sticks and Stones May Break My Bones…

“Fire, Fire, Fire…” Christopher Hitchens says to his audience, a reference to Justice Oliver Wendall Holmes claim that by shouting “fire” in a crowded theatre one is misusing free speech. As Hitchens in his 2006 talk went on to explain, Holmes used this in his defense of the U.S. government’s arrest and jailing of writers of Yiddish anti-war pamphlets that challenged American entry into the First World War. A crisis, especially war, gives government and those who fear dissent or offensive opinions the justification to muzzle mouths and padlock a writer’s keyboard.

It seems absurd that every so often the case for free speech must be made, especially from within “free societies.” The culture war, the conservative “alliance,” and twenty-first century luxury ideologies such as wokism have all dug up the rationales for censorship. With a resurgence in fundamentalism in the health and police state we see a dangerous trend of labelling any expression of words or art as dangerous, offensive, and volatile. During the peak of the COVID pandemic, alternative opinions, even those from health professionals, were often censored. The state and corporations decided what was in the public’s best interest, even if nuanced facts were to be clumped with conspiracy theories; what was allowable became fluid and confusing.

For a time there was an attempt to cancel a Danish newspaper that had published a cartoon depicting the prophet Muhammad. Though years earlier the prophet had appeared as a Super Friend on South Park to little reaction, times had changed. Soon even South Park did not show him, as Comedy Central feared violent reactions. Those prone to throwing tantrums over an expression that they did not like were placated. In 2015, extremists murdered employees who worked for the French comedy magazine Charlie Hebdo after it had ‘insulted’ their prophet. In reaction politicians of many nations marched on the streets, declaring “I am Charlie Hebdo,” in solidarity with the slain and a stand for free speech, despite many of those politicians implementing anti-free speech laws in some form themselves. They could have also chanted, “I am David Irving,” if principled free speech was to be championed.

Comic books, music, and games that were once to be banned by conservatives are now embraced. The video nasties and pornographic violence of the past are considered “classics,” while the politically incorrect relics of history are censored, a white washing of art, This isn’t exclusive to left or right or partisan biases of liberal democracy, but is rather the impulse to silence, redact, and ban expression, a common ground for those seeking to rule thought itself.

When free speech is hindered, we end up experiencing a realm of unknowns; what is allowed becomes felt rather than defined. If one has to constantly check their words for fear of violence or arrest, we are prisoners to others. What is considered offensive, hateful, lewd, and dangerous varies according to each individual and the zeitgeist. Those who seek to police speech have a tendency to disregard nuance and context.

Must it be a practice for every speaker and writer or even artist to concern themselves with the violent impulses of each person in the world? The inability to offend and make fun of power or social absolutes reveals an insecurity and moral weakness of the censor prone. Those who claim to have faith, but would take life if they are offended, reveal themselves and the mob as a their own god. A god that suits their impulse, one that requires no restraint or tolerance but rather anger. The lesson is that violence and reckless outrage are the solution to all things; words are to be punished, while dangerous acts sympathized with. The killers are the victims and the speaker an instigator.

The laughable lie told in the past decade is that political correctness and cancel culture is a corporate-academic left invention. It has and will always be a factor of right-wing conservatives and especially those with a nationalist and religious focus. Communists and lefty types are certainly zealots and insecure with a desire to censor but they are not alone. An ideology of woke has infiltrated and polluted the academic, government, and corporate realms, itself a reaction to past bias that was once in the other direction. The banning of diverse expression, words, and language itself is the ideology of statist imperrialists.

Often when an ideology is on the outside of power it claims to celebrate free speech, even using it as a means to propagate and spread. Should the masters of such an ideology find power, they tend to control and remove such freedom from others. The very dissent they were allowed becomes intolerable. Whether Bolshevik or Nazi, woke or conservative censors they become.

Keep reading