No Constitutional Right To Honk Your Car Horn, Court Says

A federal appeals court says honking isn’t First Amendment–protected activity. There’s no constitutional right to honk your car horn, according to the U.S. Court of Appeals for the 9th Circuit.

The case involves Susan Porter, who repeatedly honked her car horn while driving past protesters in California in 2017. A deputy with the San Diego County Sheriff’s Office issued Porter a ticket, saying she had violated a state law against misuse of car horns.

Porter pushed back, filing a federal lawsuit in 2018. In it, she alleged that honking her horn in solidarity with the protesters was protected First Amendment activity and that the California law used to ticket her—which says prohibits using a car horn except “when reasonably necessary to insure safe operation” or when used “as a theft alarm system”—was unconstitutional.

A U.S. district court ruled against Porter, and now the 9th Circuit has upheld that lower court’s ruling. For “the horn to serve its intended purpose as a warning device, it must not be used indiscriminately,” wrote Judge Michelle Friedland for the majority.

But 9th Circuit judge Marsha Berzon thinks her colleagues got it wrong. In her dissent, Berzon noted that California cops are taught to use discretion when enforcing the horn-honking law, which could lead to selective (and discriminatory) enforcement. And Berzon scoffed at the idea that Porter honking while driving past a protest would be confused for anything but political speech.

“A political protest is designed to be noticed,” wrote Berzon. “Political honking was hardly a significant source of noise or distraction in that environment. There is no basis for supposing that anyone was confused or distracted by the honking. Instead, Porter’s honking was understood as political expression by the protesters, who cheered in response.”

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Video shows reinstated TN State Rep Justin Jones stopping cars and assaulting drivers in summer of 2020

Footage has been unearthed of disgraced Tennessee state representative Justin Jones stopping cars and assaulting drivers during summer protests outside of the state Capitol in 2020.

Jones had claimed at the time that the narrative that he was violent was false.

The footage proves otherwise.

“They will try to push a false narrative portraying me as “violent” as a way to deflect from their own actions. They will suggest that I am out of order. That is their strategy. However, I’m hopeful for the chance to present our evidence in a transparent manner.” Jones tweeted.

Local blog Scoop Nashville featured the violent footage in 2021, writing:

“In June of 2020, Justin Bautista-Jones, better known as ‘Brother Jones’ locally, was one of the publicly visible (often by design) protestors at the State Capitol. He received a lot of pushback from his own community after it was discovered he was often only making appearances when he knew there would be media coverage, and eventually had a falling out with one of the other most visible female members of the group.

“Throughout the entire time, he has faced over a dozen charges but always denied that he was violent – despite multiple assaults, assault on an officer, and reckless endangerment charges. In the newly obtained video, one of his assaults was captured, and presented to the Grand Jury – and he was indicted on two counts of reckless endangerment.”

On Monday afternoon, Jones, a Democrat who was expelled for leading an anti-gun protest into the storming of state Capitol last month, was reinstated to the House.

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Thousands of Hours of Jan. 6 Video Hidden, Withheld from Defendants, Court Filing Says

The U.S. Department of Justice has withheld thousands of hours of video recorded at the U.S. Capitol on Jan. 6, 2021, from January 6 criminal defendants, and U.S. Capitol Police might have held back more than 1,300 hours of security video from a congressional oversight committee, a new federal court filing alleges.

Defendant William Pope contends in an update to a previous court filing that he and others charged with crimes at the Capitol that day need access to what should be more than 152,000 hours of video. That is if Capitol Police preserved it all.

“Americans have historically been skeptical of opaque government processes, and that skepticism has never been more intense than it is now regarding January 6,” Pope wrote in a 17-page court filing before U.S. District Judge Rudolph Contreras.

“Concealment of the Capitol CCTV is fueling public speculation that there is more to January 6 than is being reported.”

Pope, who is representing himself, is seeking full access to the U.S. Department of Justice evidence database so he can use it in his defense.

Pope dissected a declaration from Capitol Police general counsel Thomas DiBiase introduced by federal prosecutors in his case. He also compared it to an earlier DiBiase declaration. In his new filing, Pope calls these documents the “dueling dubious DiBiase declarations.”

“Despite hundreds of January 6 CCTV clips now being public, Mr. DiBiase still believes other footage from those same cameras must be hidden from the American people,” Pope wrote.

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‘Day Of Vengeance’ Cancelled To Preserve “Safety Of Our Trans Community”

A trans rights group that had organised a ‘day of vengeance’ protest has canceled the event citing a “threat to life and safety” of trans people following the killing of three children and three Christian teachers in Nashville by a trans identifying individual.

Our Rights DC issued a statement asserting that “we lack the resources to ensure the safety of the protest and cannot in good conscience move forward with it.”

“The safety of our trans community is first priority,” the group added, claiming that trans people have been threatened since the shooting.

The group describes the alleged threats to the trans community as “the direct result of the flood of raw hatred directed toward the trans community,” claiming that it is “one of the steps in genocide.”

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Covering (Up) Antiwar Protest in US Media

In the early morning of March 20, 2003, US Navy bombers on aircraft carriers and Tomahawk missile-launching vessels in the Persian Gulf and the Mediterranean, along with Air Force B-52s in Britain and B-2s in Diego Garcia, struck Baghdad and other parts of Iraq in a “Shock and Awe” blitzkrieg to oust Iraqi dictator Saddam Hussein and occupy that oil-rich country.

Twenty years on, the US news media, as is their habit with America’s wars, published stories looking back at that war and its history (FAIR.org3/22/23), most of them treading lightly around the rank illegality of the US attack, a war crime that was not approved by the UN Security Council, and was not a response to any imminent Iraqi threat to the US, as required by the UN Charter.

Oddly, none of those national media organizations’ editors saw as relevant or remotely newsworthy a groundbreaking protest rally and march outside the White House of at least 2,500–3,000 people on Saturday, March 18, 2023, called by a coalition of over 200 peace and anti-militarism organizations to commemorate the 20th anniversary of the Iraq invasion.

The Washington Post, like the rest of the national news media, failed to mention or even run a photo of the rally in Lafayette Park. It didn’t even cover the peaceful and spirited march from the front of the White House along Pennsylvania and New York avenues to the K Street Washington Post building to deliver several black coffins as a local story—despite the paper’s having a reporter whose beat is actually described by Post as being to “to cover protests and general assignments for the metro desk.” An email request to this reporter, Ellie Silverman, asking why this local protest in DC went unreported did not get a response.

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Welcome to Utah, Where Pipeline Protests Could Now Get You at Least Five Years in Prison

In Utah, protests that hinder the functioning of fossil fuel infrastructure could now lead to at least five years in prison. The new rules make Utah the 19th state in the country to pass legislation with stiffer penalties for protesting at so-called critical infrastructure sites, which include oil and gas facilities, power plants, and railroads. The new laws proliferated in the aftermath of the Standing Rock protests against the Dakota Access Pipeline in 2017.

Utah’s Legislature passed two separate bills containing stricter penalties for tampering with or damaging critical infrastructure earlier this month. House Bill 370 makes intentionally “inhibiting or impeding the operation of a critical infrastructure facility” a first-degree felony, which is punishable by five years to life in prison. A separate bill allows law enforcement to charge a person who “interferes with or interrupts critical infrastructure” with a third-degree felony, punishable by up to five years in prison. Both bills were signed into law by the governor this month. 

Of the two bills, First Amendment and criminal justice advocates are particularly concerned about HB 370 due to its breadth, the severity of penalties, and its potential to curb environmental protests. The bill contains a long list of facilities that are considered critical infrastructure including grain mills, trucking terminals, and transmission facilities used by federally licensed radio or television stations. It applies both to facilities that are operational and those under construction. 

Since the bill doesn’t define activities that may be considered “inhibiting or impeding” operations at a facility, environmental protesters may inadvertently find themselves in the crosshairs of the legislation, according to environmental and civil liberties advocates. Protesters engaging in direct action often chain themselves to equipment, block roadways, or otherwise disrupt operations at fossil fuel construction sites. Under the new legislation, such activities could result in a first-degree felony charge.

“This bill could be used to prohibit pipeline protests like we saw with the Dakota [Access] Pipeline project,” said Mark Moffat, an attorney with the Utah Association of Criminal Defense Lawyers, referring to the 2017 protests at Standing Rock in North Dakota. “It elevates what would be basically a form of vandalism or criminal mischief under the laws of the state of Utah to a first-degree felony.”

A first-degree felony is typically reserved for violent crimes like murder and sexual assault. Moffat said that the state’s sentencing guidelines are indeterminate, which means the amount of time someone spends in prison is at the discretion of the Board of Pardons.

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Police Use “Less Lethal” Weapons to Crush Social Movements Across the World

This week, the City of Philadelphia agreed to a $9.25 million settlement with protesters who were brutalized with tear gas and pepper spray during demonstrations following the murder of George Floyd in late May 2020.

Such accountability for police who crush protests with crowd-control weapons is rare both in the United States and across the world. The settlement comes as researchers report that police in dozens of countries have routinely injured and even killed demonstrators with crowd-control weapons since 2015 as governments cracked down on protests.

Injuries from crowd-control weapons are increasing and widespread both in authoritarian nations such as Iran and China as well as “democratic” countries that supposedly tolerate dissent and public assemblies, according to a new report from Physicians for Human Rights and the International Network of Civil Liberties Organizations (INCLO). The report, “Lethal in Disguise: How Crowd-Control Weapons Impact Health and Human Rights, found that more than 121,000 people globally were injured or killed by so-called less lethal crowd-control weapons such as chemical irritants, “flash bang” grenades and rubber bullets since 2015, although many other injuries likely went unreported.

From the uprisings in Iraq and Chile in 2019, to mass movements against regimes in Iran, Myanmar and Peru, clashes between police forces and social movements challenging government corruption and demanding basic rights are now a worldwide public health concern, according to the report. So far this month, crowd-control weapons were reportedly used against protesters in Bangladesh, Ethiopia, France, Georgia, Greece, Israel and the Occupied Palestinian Territories, Lebanon, Italy, Kenya, Mozambique, Pakistan, Peru, South Africa, Sri Lanka, Turkey, and the U.S.

“The repression of demonstrations remains as global as protest itself,” said INCLO Program Coordinator Lucila Santos in a statement. “In addition to the growing violent use of crowd-control weapons, since 2016 we have seen new technologies deployed by governments with next to no accountability or oversight whatsoever.”

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Team Biden’s charging 1,000 more with Jan. 6 crimes to perpetuate a fake political emergency

The Biden administration is planning to charge another thousand Trump supporters with crimes related to the Jan. 6 Capitol clash.

This will perpetuate an atmosphere of political emergency that justifies President Joe Biden’s war on domestic extremism.

But a change in federal judges has turned the Jan. 6 trials into a kangaroo court and makes a mockery of sending nonviolent Trump supporters to prison for threatening American democracy.

More than a thousand people have already been charged with Jan. 6 offenses.

That is equal to almost half of the total number of protesters who entered the Capitol that day.

A corrupt numbers game is at the heart of the Biden propaganda-prosecution campaign.

The more people indicted for Jan. 6, the easier it becomes for the Biden reelection campaign to portray the president as the savior against right-wing tyranny.

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Geofence Surveillance: First, They Spied on Protesters. Then Churches. You’re Next.

“I know the capability that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.”—Senator Frank Church on Meet The Press, 1975

If you give the government an inch, it will always take a mile.

This is how the slippery slope to all-out persecution starts.

Martin Niemöller’s warning about the widening net that ensnares us all, a warning issued in response to the threat posed by Nazi Germany’s fascist regime, still applies.

“First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist. Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to speak for me.

This particular slippery slope has to do with the government’s use of geofence technology, which uses cell phone location data to identify people who are in a particular area at any given time.

First, police began using geofence warrants to carry out dragnet sweeps of individuals near a crime scene.

Then the FBI used geofence warrants to identify individuals who were in the vicinity of the Capitol on Jan. 6, 2021.

It wasn’t long before government officials in California used cell phone and geofence data to track the number and movements of churchgoers on church grounds during the COVID-19 lockdowns.

If we’ve already reached the point where people praying and gathering on church grounds merits this level of government scrutiny and sanctions, we’re not too far from free-falling into a total surveillance state.

Dragnet geofence surveillance sweeps can and eventually will be used to target as a suspect every person in any given place at any given time and sweep them up into a never-ending virtual line-up in the hopes of matching a criminal to every crime.

There really can be no overstating the danger.

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10,000 Dutch Farmers Protest Govt’s Crippling Nitrogen Emissions Target In The Hague

Thousands of Dutch farmers protested on Saturday against the government’s policies to reduce nitrogen emissions, warning they will put farms out of business and affect food production.

Hundreds of tractors from across the Netherlands could be seen driving to the event in The Hague ahead of regional elections this week, and more than 10,000 farmers were in attendance, according to the Reuters news agency.

Protesters accused the Dutch government of forcing farmers off of privately owned land in order to appease Brussels, and carried banners reading “No farmers, no food” and “There is no nitrogen ‘problem.’”

Tens of thousands of people turned up for the Dutch farmers protest.

Stand for freedom. pic.twitter.com/lAUW1QuqhV

— PeterSweden (@PeterSweden7) March 11, 2023

“We are fighting against a corrupt and unjust government,” Eva Vlaardingerbroek, a prominent campaigner in defense of the farmers, told attendees. She spoke of a government that “drives our farmers from their land” and which has “turned on its own population.”

“For centuries, our farmers have produced food for millions of people worldwide. And instead of what those liars in The Hague claim, they have done so in a responsible and sustainable way.”

🇳🇱Our farmers are fighting against the worst kind of injustice: a government that has turned on its own people.

The government created a lie to rob our farmers of their land. But we won’t let it happen. Our #DutchFarmers are an example to the world.

My speech with 🇬🇧 subtitles. pic.twitter.com/QYiFbkR2zM

— Eva Vlaardingerbroek (@EvaVlaar) March 11, 2023

“But our cabinet doesn’t care about nature. They have simply created a lie to steal our farmers’ land,” she added.

Prime Minister Mark Rutte’s administration has vowed to take radical action to meet its ambitious target of halving the country’s nitrogen emissions by 2030, and has identified the country’s large agriculture sector as being the main culprit due to its large livestock count and use of fertilizers.

Last year, the government announced plans to reduce livestock numbers by a third, while farmers have also been told their land could be subject to compulsory buyouts.

Agricultural workers have staged several demonstrations against the government policy, blocking motorways and supermarket distribution centers in mass protests last year.

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