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Hey everybody! Thank you so much for making November our biggest month yet! We're off this month, but we're not leaving you without your true crime fix! We're re-releasing four episodes with updates, starting with this one on the Brandi Levy case. Follow @TryTrialAgain on Instagram, Twitter and Facebook for episode pictures and more. We'll see ya with brand-new shows in January!
Mahanoy Area School District v B L (2021), was a United States Supreme Court case involving the ability of schools to regulate student speech made off-campus, such as speech made on social media. The case challenged past interpretation of Tinker v Des Moines Independent Community School District and Bethel School District v Fraser, previous Supreme Court decisions related to student speech which may be disruptive to the educational environment, in light of online communications. The case centered on Brandi Levy, identified as B L in pleadings, a student at Mahanoy Area High School in Mahanoy City, Pennsylvania, who posted an angry, profane Snapchat message from an off-campus location after she failed to make the school's varsity cheerleading squad. Though sent to a private circle of friends and deleted later, the message was shown to school staff, and B L was suspended from cheerleading the next year under the school's policy relating to social media. B L's parents filed suit on her behalf in the Middle District of Pennsylvania, arguing that the school district had unconstitutionally punished her for speech made completely outside of the school that did not pose a risk of disruption. The District Court held in B L's favor and that the school's policy was beyond its disciplinary reach under Tinker. On appeal to the Third Circuit, a three-judge panel unanimously affirmed this ruling, but the majority opinion stated that Tinker did not extend to any off-campus speech, while a dissenting opinion believed this conclusion was overly broad. The Third Circuit's decision created a circuit split for the Supreme Court to resolve. The Supreme Court affirmed the Third Circuit's ruling in regard to B L's case in an 8–1 decision in June 2021, though overruled the Third Circuit's opinion related to off-campus speech relative to Tinker. The Court affirmed that through Tinker, schools may have a valid interest to regulate student speech off-campus that is disruptive, but did not define when this regulation can occur, leaving this open for lower courts in future litigation. The Court ruled specifically for B L that the school's interests to prevent disruption under Tinker were not sufficient to overcome her First Amendment rights. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support
Mahanoy Area School District v B L (2021), was a United States Supreme Court case involving the ability of schools to regulate student speech made off-campus, such as speech made on social media. The case challenged past interpretation of Tinker v Des Moines Independent Community School District and Bethel School District v Fraser, previous Supreme Court decisions related to student speech which may be disruptive to the educational environment, in light of online communications. The case centered on Brandi Levy, identified as B L in pleadings, a student at Mahanoy Area High School in Mahanoy City, Pennsylvania, who posted an angry, profane Snapchat message from an off-campus location after she failed to make the school's varsity cheerleading squad. Though sent to a private circle of friends and deleted later, the message was shown to school staff, and B L was suspended from cheerleading the next year under the school's policy relating to social media. B L's parents filed suit on her behalf in the Middle District of Pennsylvania, arguing that the school district had unconstitutionally punished her for speech made completely outside of the school that did not pose a risk of disruption. The District Court held in B L's favor and that the school's policy was beyond its disciplinary reach under Tinker. On appeal to the Third Circuit, a three-judge panel unanimously affirmed this ruling, but the majority opinion stated that Tinker did not extend to any off-campus speech, while a dissenting opinion believed this conclusion was overly broad. The Third Circuit's decision created a circuit split for the Supreme Court to resolve. The Supreme Court affirmed the Third Circuit's ruling in regard to B L's case in an 8–1 decision in June 2021, though overruled the Third Circuit's opinion related to off-campus speech relative to Tinker. The Court affirmed that through Tinker, schools may have a valid interest to regulate student speech off-campus that is disruptive, but did not define when this regulation can occur, leaving this open for lower courts in future litigation. The Court ruled specifically for B L that the school's interests to prevent disruption under Tinker were not sufficient to overcome her First Amendment rights. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app
Are student athletes free to rant and express their frustrations with sport on social media? Are you worried about what your children send out into the internet? On June 23, 2021, the U.S. Supreme Court ruled that a social media post written by high school cheerleader Brandi Levy was protected under the 1st Amendment of the U.S. Constitution. Find out what freedom of speech protections your student athlete has under the U.S. Constitution. Don't forget to download and share this episode with your family and friends. Subscribe to the show on Apple Podcast, Spodify or your favorite platform. Tune into the Legally Brief Youtube channel. Visit jsaunderslawfirm.com for the free "Parent's Guide to Surviving Your Child's Abuse." Follow me on Instagram here. This podcast is for informational purposes only. Nothing in this podcast is legal advice, counsel or guidance. No offer, statement or representation has been made to serve as your attorney in any capacity. No attorney-client relationship has been created. This information is general and may not be applicable to your particular circumstances. You must review your particular circumstances with a licensed attorney.
美国正式公布UFO报告:143起事件无法解释 【AP】美国情报部门当地时间25日正式提交了关于不明飞行物(UFO)的政府主导调查报告,称美国军方多年来观测到的 144 起 UFO 事件中,除了一次被认为是气球外,余下 143 起都 " 无法解释 "。 “安全问题主要集中在飞行员如何应对日益混乱的空域。如果‘不明空中现象'是外国对手的收集平台,或提供了潜在对手已经开发出突破性或破坏性技术的证据,那么‘不明空中现象'也将构成国家安全挑战。”五角大楼新闻发言人表示,美国军方情报办公室已经被下令制定计划,为将来汇报不明空中现象时提供一套标准的汇报程序。 --------------------------------------1-------------------------------------- 好,进入今天的焦点新闻: 1、他敢上天,却没人敢“赔”!贝索斯太空之旅无公司承保! 【NBC】创办人兼全球首富贝索斯较早前宣布,他和弟弟马克将参加“蓝色起源”的首次载人太空旅游。但替地球首富上太空提供保险,对业者来说显然仍是太遥远一步。针对贝索斯或和他一样的太空旅人的冒险,保险商还没准备好订出保障价格,因此贝索斯或只能自求多福。 保险商一向会替古怪的风险提供一定代价的承保服务,然而,这些风险不包括在太空出意外。美国保险资讯协会发言人巴瑞表示:“太空观光具有重大风险,但寿险业者尚未特别关心这项议题,因为任何人要上太空仍是罕事。” 2、佛罗里达州进入紧急状态 迈阿密倒塌大楼住户提起集体诉讼 【CBS】美国总统拜登当地时间6月25日通过白宫声明宣布,佛罗里达州存在紧急情况,拜登下令联邦政府提供援助,以支持州和地方政府应对6月24日发生的住宅楼坍塌事件以及后续援救措施。同时,美国迈阿密倒塌大楼的住户对公寓管理方发起集体诉讼,索赔超500万美元。 公寓楼部分倒塌已致4人死亡,159人失踪。住户认为公寓管理方没能保障居民的生命和财产安全,未能监控建筑物的稳定性。公寓管理方的律师表示,现在判断大楼倒塌原因为时过早,大楼倒塌前翻修工作尚未开始,因此大楼究竟存在什么问题,或遭遇了什么,尚不清楚。 3、美国一热气球撞上输电线后坠毁,五名乘员身亡,一万多民众受影响 【KOB】当地时间周六上午,在新墨西哥州的阿尔伯克基,一艘载人热气球在飞行中坠落撞上了输电线,热气球吊篮里的五名乘员全部身亡。警方还表示,事故遇难者者中包括阿尔伯克基警察局一名官员的父母——59岁的马丁·马丁内斯(Martin Martinez)和62岁的玛丽·马丁内斯(Mary Martinez),此外,马丁·马丁内斯也曾是当地的一名警官。 阿尔伯克基警方发言人表示,“根据当地的经验,大风刮起等原因会让热气球难以飞行,但目前还不确定造成这种情况的原因。联邦航空管理局(FAA)将对此进行调查,并确定事故原因。”该事故还导致该地区的电力中断,电力供应商新墨西哥电力公司(Power New Mexico)表示,约1.3万名用户因这起事故而失去电力供应。 4、哥伦比亚总统遭未遂袭击,政府悬赏80万美金捉拿凶手 【卫报】当地时间6月26日,哥伦比亚国防部长莫拉诺表示,该国政府悬赏30亿哥伦比亚比索(约合人民币514万元)捉拿开枪袭击该国总统乘坐的直升机的凶手,鼓励广大群众提供有效信息。 哥伦比亚总统府于当地时间26日通报,当天哥总统杜克乘坐的直升机在飞越北桑坦德省卡塔通博地区时遭袭击,但总统本人与随行的国防部长、内政部长和北桑坦德省省长等状况良好。莫拉诺在社交媒体推特上发文称,“我们悬赏30亿比索征集嫌疑人信息。我们呼吁社会团结,战胜恐怖主义”。莫拉诺还表示,现场找到了2支AK-47步枪. 5、卖掉所有豪宅后,马斯克花5万美元买了一个简陋的预制房屋当新家 【CBC】特斯拉首席执行官埃隆·马斯克(Elon Musk)近日表示,他现在住在德克萨斯州星际基地(Starbase)的一栋价值5万美元的房子里,从曝光的图片来看,他似乎确实生活在一个只有400平方英尺(约64平方米)的预制住宅中,过着简朴的生活。 据悉,这是一处由初创公司Boxabl研发的可折叠的预制房屋,名为“casita”。Boxabl Casita也很耐用,由混凝土面板和钢材制成。它的安装速度很快,运输也很方便,房子足够轻,可以用Model X这样的电动汽车拉动。 6、拜登就弗洛伊德案发声:判决“看上去是适当的” 【npr】当地时间6月25日,美国总统拜登就弗洛伊德案涉事警察量刑结果回应称:自己此前没有听到任何有关这则新闻的消息,也并不清楚所有的量刑指导原则,但判决结果“似乎是适当的”。该案主审法官彼得·卡希尔(Peter Cahill)当日宣布了量刑结果,肖万因二级谋杀、三级谋杀和二级过失杀人罪名而被判22年零6个月刑期。 法官表示,“这个判决不是基于情感或同情,但与此同时,我想承认所有家庭都感受到了深深的、巨大的痛苦,特别是弗洛伊德一家”。但弗洛伊德的家人仍对判决结果感到失望,他们认为这一判决没有达到检方2月提出的30年刑期。倘若45岁的肖万在狱中表现良好,在服完2/3刑期,也就是约15年后就能获得假释。 7、NASA为未来的火星任务勾勒出更大的直升飞机 【太空新闻】美国宇航局的Ingenuity火星直升机取得了令人印象深刻的成功,随着Ingenuity直升机的试飞成功并且任务持续进行,美国宇航局的工程师近日表示,已经在研究更大和更有能力的旋翼飞机的概念,可用于未来的任务。 它将是一个六旋翼的直升机,重约30公斤,可以携带多达5公斤的科学载荷,每次任务的飞行距离可达10公里。目前,美国宇航局正在研究科学应用,以及通过在任务中增加航空层面来实现什么类型的科学研究。美国宇航局说,拥有飞行能力将使它能够检查天体生物学兴趣的 "特殊区域",而不会有污染的风险。 8、特鲁多:教皇应该来加拿大向原住民道歉 【路透社】加拿大总理贾斯汀·特鲁多6月25日表示,他已要求教皇访问加拿大,为天主教会在管理原住民儿童寄宿学校时扮演的角色进行道歉。近日,加拿大一个原住民组织在另一处寄宿学校旧址又发现数百个无名坟墓,其中尸骸大多以儿童为主,且数量比之前更多。 特鲁多补充说:“我从全国各地的许多天主教徒那里直接听到,他们希望看到教会在这方面发挥积极作用。”据报道,为强行同化原住民儿童,1831年至1996年,约有15万名原住民儿童被从他们原来的家庭转送至基督教寄宿学校,这些学校大多是代表加拿大联邦政府运行的天主教学校。 9、被爱冲昏头!美军63岁语言专家向真主党泄露机密信息,被判23年监禁 【每日邮报】美国驻伊拉克特种部队的语言专家玛丽亚姆·塔哈·汤普森 (Mariam Taha Thompson) 日前因一起罕见的间谍案被判处 23 年监禁。检察官指控称,她将线人的姓名和其他机密信息交给了一名与真主党有联系的黎巴嫩男子。传递给了一个她爱上的男人,认为此举会帮助黎巴嫩真主党。 检察官说,汤普森此举将美方消息人士和军人的生命置于危险中,原因只是她希望能与这个男人结婚。美国政府称,汤普森最终访问了数十个文件,并使用多种技术向那名男子递交机密军事信息,这些信息包括至少8项秘密人员的身份、至少 10 个美国(预定打击)目标以及多种(行动)策略、技术和程序。 10、加拿大快速通道抽签又有6000人获邀申请移民 【CIC】加拿大移民部近日举行了一次快速通道(Express Entry)移民抽签,共有6,000名候选人被邀请通过加拿大经验类(CEC)申请永久居留权。由于加拿大移民、难民和公民部(IRCC)正在寻找更多合适的加拿大候选人,来支持其今年401,000名新移民的目标。因此对CEC的抽签中,该类别的综合排名系统的分数要求持续下降。 据悉,综合排名系统的分数要求(CRS)是357,这是迄今对CEC的分数要求中的第二历史最低水平。在今年2月13日具有历史意义的抽签中,最低为75,有27,332名CEC候选人被邀请申请永久居留权。目前,IRCC尚未说明何时会举行下一次全面的快速通道移民抽签。 11、美国少女一句脏话惊动最高法院 备受关注判决出炉 【华尔街日报】美国一名少女因在社交网站发送带脏话的讯息而被学校惩处,事件闹上法院,近日最高法院裁定她的行为受言论自由规范保障。由于涉及网络时代的言论自由,此案备受关注。最高法院九名大法官中,除了一人之外,均认为校方没有理由惩处她。 宾夕法尼亚州马哈诺伊镇中学学生利维(Brandi Levy),在校外用社交软件上传她比中指和一连串带脏话的讯息,因此被罚一年不得参加啦啦队活动。利维被惩处后,她的父母依据美国宪法所保障的言论自由提出质疑。法院指出:“在此案中,学校教导礼仪的重要性不足以凌驾自由言论利益。”裁定还提到,公立学校是“民主的摇篮”,必须鼓励意见交流,包括“不受欢迎”的意见。 12、美疫情期间允许外带鸡尾酒 或变成永久化措施 【纽约时报】允许外带鸡尾酒是美国针对新冠疫情的措施之一,如今多数州选择允许这种做法继续下去。例如,佐治亚州和得克萨斯州在今年春天将外卖鸡尾酒永久化。科罗拉多州已将其延长至2025年,马萨诸塞州和弗吉尼亚州等其他州也将该措施延长至2022年。 但也有一些州有不同的选择。纽约州酒类管理局表示,该州立法机构“未能将餐厅提供外带酒类永久地编入法典”。从业人员表示:“这项措施是该行业的生命,在疫情期间如此,现在仍是如此。” 13、三父子在丛林里住了41年,被救出后中年男子如婴儿无欲望本能 【MIRROR】越南有一位名叫胡凡朗(Ho Van Lang)的“人猿泰山”。1972年,由于妻子的孩子在越南战争中死于美国空袭,他的父亲胡凡坦带着他们开始了原始人生活。这一躲就是41年,在这期间,三父子以土地为生,用水果、蜂蜜、老鼠、蛇、蜥蜴、猴子和青蛙果腹。 直到今天,凡朗能通过外表区分男人和女人,但他仍然不知道男女之间的本质区别。记者表示,凡朗从未有过最低欲望,他的生殖本能也从未表现过。具体一点说,凡朗只是一个生活在男人体内的婴儿,对许多基本社会概念知之甚少。”虽然凡朗这41年都与现代文明隔绝,但幸运的是也没有世俗烦恼,过得非常平静。 14、不满未收到薪水!电视台主播直播中讨薪 【华盛顿时报】非洲赞比亚KBN电视台的主播卡利米纳(Kabinda Kalimina),近日在现场联机播报时,竟脱口向公司”要薪水”!“先生和女士们,我为新闻工作,我们是一般人,需要薪水才能过活。”卡利米纳指出,他和电视台的同事都未收到薪水。 卡利米纳抗议后,节目立刻跳转到别的片段,公司高层随后发声明指控主播喝醉酒,但卡利米纳在脸书上发文抗议称:对,我的确在播报时说出那些话,许多新闻工作者惧怕为自己争取权益,但这不代表我们应该保持沉默。 15、鹦鹉吃不下饭 送医后从胃里取出21颗钻石 【华盛顿时报】宠物鹦鹉偷吃家中零食不罕见,但泰国一只宠物鹦鹉竟“偷吃”了主人21颗钻石。8个月大的太阳锥尾鹦鹉名为“Frosty”,与主人住在泰国首都曼谷。本周早些时候,它被主人首饰盒里一条镶钻项链吸引,趁主人不注意,啄下项链上的钻石,共吞下21颗。 医生随后为它注射镇静剂,做紧急开胃手术,手术持续2个多小时,医生表示,太阳锥尾鹦鹉常被“闪闪发光”的东西吸引,医院以前处理过类似病例,但鹦鹉吞下钻石的情况相当“奇特”。眼下Frosty还在医院养伤,估计本月底能出院。
NCLA Files Lawsuit to End SEC's Lifetime Gag Orders In this episode, Mark interviews NCLA Senior Litigation Counsel Peggy Little about her new SEC ‘gag order' case. NCLA filed a Motion for Relief from Judgment in the U.S. District Court for the Northern District of Texas on behalf of Mr. Novinger and ICAN Investment Group, LLC, challenging the constitutionality of the Securities and Exchange Commission (SEC) Gag Order that continues to hold them—and the truth—hostage. Mr. Novinger simply wants to speak candidly about SEC's enforcement proceedings without facing the threat of a reopened prosecution. In June 2016, Christopher Novinger and SEC reached a settlement of the agency's claims that he and his company, ICAN Investment Group, LLC (ICAN), violated federal securities law. SEC required Mr. Novinger and ICAN to sign a consent order claiming that he had agreed to be bound forever by a Gag Order—an administrative tool meant to silence people with lifetime speech bans related to their prosecutions. For nearly 50 years, SEC has insisted that all people who settle their cases with the agency must agree to a gag that violates nearly every free speech doctrine. The Gag Rule violates the First Amendment for a multitude of reasons: 1) it is a forbidden prior restraint on future speech; 2) it is a content-based restriction of speech; 3) it grants SEC unbridled enforcement discretion and silences Mr. Novinger in perpetuity; 4) it forbids truthful speech; 5) it unconstitutionally conditions settlement upon surrender of Americans' inalienable rights of free speech; 6) it compels speech; and 7) it abridges Americans' rights of petition long protected by the First Amendment. Any rule that racks up a list of constitutional violations this lengthy compels the conclusion that it could never have been a valid rule in the first place. Read more about the case here: https://nclalegal.org/sec-v-novinger/ NCLA Revisits Potty-Mouthed Cheerleader Case after SCOTUS Ruling Later in the episode, John and Mark discuss the “potty-mouthed cheerleader” Supreme Court case. In 2017, Brandi Levy, a Pennsylvania high school student and junior varsity cheerleader, posted a message on Snapchat expressing her disappointment that she did not make the varsity cheerleading squad. While hanging out at a local convenience store, Levy snapped a picture of herself making a middle finger gesture with an expletive-ridden caption complaining about the school and the cheerleading squad. The coach saw this message and told Levy that she would be suspended from the team for the rest of the year. Levy did not simply accept her punishment; instead, she filed a federal lawsuit, Mahanoy v. B.L., alleging a violation of her First Amendment rights. The Supreme Court held, this week, that Brandi Levy's speech, while vulgar, did not contain features that would place it outside the First Amendment's protection and that the school's interest in discouraging vulgar language in the school community is diminished for off-campus speech. The social media post did not identify the school or target any member of the school community. In addition, the school did not demonstrate that her posts resulted in “substantial disruption” of a school activity or threatened the rights of others. See omnystudio.com/listener for privacy information.
Johnny cracked corn, but Teddy doesn't care, as Scotch details his moonshine making process. Michael B. Jordan is forced to apologize, then pivot and rename his new rum brand. Beyonce's legion of stooges attempt to obliterate Trick Daddy off of Yelp. Winston Marshall quits Mumford & Sons, because he's more interested in running his mouth than cashing checks. Brandi Levy sets a Supreme Court precedent and proves it's not illegal to be a spoiled little brat. Marilyn Monroe gets cited in Palm Springs, for "upskirting". Wal Mart indirectly tells Kanye West and Frank Gehry to go screw themselves over the "Foam Runner". Then Cher takes the boys shopping at the porn store. Listen up, free ballers!! --- Support this podcast: https://anchor.fm/theredscare/support
India Walton, the socialist candidate for mayor of Buffalo, NY won the Democratic Party primary on Tuesday, all but securing her election in the fall, given that Buffalo is a deeply blue city. Walton will become Buffalo's first female mayor and will with the first socialist to lead a major American city since sewer socialists ran Milwaukee, Wisconsin in early 20th century. She beat Mayor Byron Brown, a four-term incumbent and close ally of Gov. Andrew Cuomo, and ran a campaign focused on returning power to working people in New York State's second largest city. Biden signals he'll back the new bi-partisan infrastructure bill as long as Congress sends him a second bill at the same time that includes investments in our social infrastructure cut from the bipartisan agreement. That second bill will most likely need to run through the reconciliation process. Already, Sen. Lindsay Graham is bolting. The Pacific Northwest is expected to be hit by an extreme heatwave this weekend. The National Weather Service is forecasting temperatures as high as 109 degrees. The heatwave comes as the region is already experiencing a significant drought and high fire risk. One more argument for why climate changes needs to be front and center of the infrastructure bill - those very measures that were cut from the bipartisan agreement. Joseph McCarthy...check that...I mean, Florida Gov. Ron Desantis has signed a bill into law that will cut university funds if it finds that critical race theory or any other intellectual pursuit that does not hum to the tune of a whitewashed version of American history. The bill encouraged students to record classes to rat on professors who deviate from GOP sanctioned speech. Huge supreme court decision protecting free-speech in the cast of PA high school cheerleader Brandi Levy. PA GOP continues its assault on voting rights. One week left in public comment about PASSHE consolidation plans. The International Space Station got some new solar panels this week. Hope some of you caught last night's Strawberry Super Moon. DuckDuckGo, a Chester County-based search engine the claims not to share or collect any of your private information is making moves to launch a full-scale desktop browser. Twitter was all a-buzz this week as Sam Seder - host of the Majority Report - surprised the horrible right-wing YouTuber, Steven Crowder on the H3 podcast with Ethan Klein. Crowder had been avoiding a debate with Seder for years. His public meltdown, I admit, was a joy to watch.
The Supreme Court enters what is likely the final week of its term with a handful of cases remaining, including a closely watched one on Arizona ballot restrictions. All eyes, too, will be on Justice Stephen Breyer sometime after the last opinion is delivered to see if he retires, as progressives are pressuring him to do. Cases and Controversies dives into what's ahead and what the court did this past week in siding with student free speech and NCAA athletes in two big decisions. In Mahanoy Area School Dist. v. B. L., the Supreme Court ruled 8-1 in favor of high-school cheerleader Brandi Levy, saying her school went too far when it suspended her for her Snapchat rant after failing to make the varsity team. And the court unanimously ruled in favor of college athletes in NCAA v. Alston, saying schools can't conspire to deny students education-related compensation in the name of preserving "amateurism." Podcast hosts Kimberly Robinson and Jordan Rubin provide the details on decisions and look at what's coming up.
The Supreme Court on Wednesday handed down a student free speech ruling siding with Brandi Levy, the cheerleader who in 2017 posted a profane Snapchat post while off-campus after she didn't make the varsity cheer squad. Levy was then suspended from the cheer program for one year. The Justices ruled 8-1 that the punishment did violate her First Amendment rights. Bianca Quilantan, education reporter at Politico, joins us for the Court's first major student free speech case since 2007. Next, we have been hearing a lot about unruly passengers on flights recently and the thousands of dollars in penalties they face, but now Airline industry groups, flight attendants and lawmakers want more done to help out. Airline reps want the Attorney General to prosecute unruly passengers and there are even call for mandatory self- defense training for flight attendants who have to deal with angry flyers. Leslie Josephs, airline reporter at CNBC, joins us for more. Finally, the idea of that one big TV hit that brings everyone together may be already dead. Shows definitely still have their fans, and passionate ones too, but gone are the universal hits and common entertainment culture. Steven Zeitchik, entertainment business writer at the Washington Post, joins us for why big TV hits may be no more. Learn more about your ad-choices at https://www.iheartpodcastnetwork.com
23JUN21: H.R.1 A NEW TYPE OF PANDEMIC In January, House Democrats introduced their signature piece of legislation, H.R. 1, the “For The People Act.” H.R. 1 is full of unconstitutional and unnecessary policies that liberals want to use to hijack America's election processes. This bill is anything but “for the people.” Free and fair elections are the bedrock of American government. They are fundamental to our way of life and give us confidence in our representative system. House Democrats cloak H.R. 1 in the guise of transparency and fairness but in reality it is a partisan scheme to squelch Republican candidates and conservative voices. BUFFY THE COLORFUL METAPHOR SLAYER Free speech victories often come on behalf of a motley crew of litigants from animal sacrificers to neo-Nazis to, this week, foul-mouthed high school cheerleaders. The fact is that popular speech rarely needs protection. In the case of Brandi Levy, the cheerleader in Mahonoy v. B.L, she was denied the right to swear a blue streak after being rejected for the varsity squad at Mahanoy Area High School in Mahanoy City, Pennsylvania. LIFE IS LIKE A BOX OF CHOCOLATE AND JOY BEHAR HAS EATEN ALL OF THEM Joy Behar found herself in hot water on this morning's episode of The View after cracking a joke about NFL player Carl Nassib, who made headlines for being the first active professional football player to publicly come out as gay. During a conversation about Nassib's announcement, Behar tracked back her “inappropriate joke” not long after she said it. Tonight on an all new Don't Unfriend Me! #joybehar #forthepeopleact #BrandiLevy ⏺ Facebook: http://www.facebook.com/DontUnfriendMeHost ⏺ Instagram: https://www.instagram.com/dontunfriendmehost/ ⏺ YouTube: https://www.youtube.com/channel/UCRq8HdarvQ3ZGN1zviuoahA ⏺ Podcasts: http://www.anchor.fm/dontunfriendme ⏺ Website: http://www.dontunfriendme.com ⏺ Intro Music By: https://www.reverbnation.com/stiilpoint --- Send in a voice message: https://anchor.fm/dontunfriendme/message
The Supreme Court ruled in a major free speech case involving when schools can enforce rules of conduct on social media. The case involves Brandi Levy, who didn't make the varsity cut as a freshman cheerleader for her school, posting a vulgar message to the social media app Snapchat saying, "'F school, F cheer, F softball, F everything,.'" Wildlife experts in at least six states and Washington, D.C., have reported an increase in sick or dying birds in the past month. The most commonly afflicted birds are blue jays, common grackles and European starlings. A San Diego-area school district voted to fire the head basketball coach after tortillas were hurled at a team from a mostly Latino high school. See omnystudio.com/listener for privacy information.
The Supreme Court ruled this week that a Pennsylvania public school wrongly suspended a student from cheerleading over a vulgar social media post she made after she didn't qualify for the varsity team. The court voted 8-1 in favor of Brandi Levy, who was a 14-year-old high school freshman when she expressed her disappointment over not making the varsity cheerleading squad with a string of curse words and a raised middle finger on Snapchat. The Supreme Court also sided with California agriculture businesses in their challenge to a state regulation that gives unions access to farm property in order to organize workers. As a result of the ruling, California will have to modify or abandon the regulation put in place in 1975 after the efforts of labor leader Cesar Chavez. The justices ruled 6-3 along ideological lines for the agriculture businesses. It's another potential setback for unions as a result of a high court decision. “The access regulation amounts to simple appropriation of private property,” Chief Justice John Roberts wrote for the conservative members of the court. At issue was a regulation that granted unions access to farms and other agriculture businesses for up to three hours per day, 120 days per year, in order to organize workers. Businesses are supposed to be notified before organizers arrive, and organizers are supposed to come during nonwork times such as lunch and before and after work. Judges also ruled in favor of a California man who argued his rights were violated when police pursued him into his garage after allegedly playing loud music driving down a two-lane highway at night, according to NPR. Today on AirTalk, we're hearing more about the Supreme Court decisions and what the implications of them could be. Questions? Give us a call at 866-893-5722. With files from the Associated Press Guests: Kimberly Robinson, U.S. Supreme Court reporter for Bloomberg Law and co-host of Bloomberg Law's podcast “Cases and Controversies”; she tweets @KimberlyRobinsn Pratheepan Gulasekaram, professor of law at Santa Clara Law, where he specializes in constitutional and immigration law; he tweets @pgdeep
A curse-filled Snapchat rant got Pa. cheerleader Brandi Levy suspended from her high school team. We'll talk about the case before the Supreme Court about student free speech.
Did a Pennsylvania high school break the law when it kicked Brandi Levy off the cheerleading squad for cursing on Snapchat? We argue the case. Follow @TryTrialAgain on Instagram, Twitter and Facebook for episode pictures and more!
The Potty-Mouthed Cheerleader Reaches Supreme Court In this episode, Vec explains what's going on in the potty-mouthed cheerleader Supreme Court case. In 2017, Brandi Levy, a Pennsylvania high school student and junior varsity cheerleader, posted a message on Snapchat expressing her disappointment that she did not make the varsity cheerleading squad. While hanging out at a local convenience store, Levy snapped a picture of herself making a middle finger gesture with an expletive-ridden caption complaining about the school and the cheerleading squad. The coach saw this message and told Levy that she would be suspended from the team for the rest of the year. Levy did not simply accept her punishment; instead, she filed a federal lawsuit alleging a violation of her First Amendment rights. The American Civil Liberties Union, representing Levy, has argued that students need protection from censorship and monitoring of their beliefs. The Supreme Court took up Levy's case to decide whether public schools can actually abridge their students' free expression beyond the schoolhouse gate. The Court's ruling is expected by the end of June and could clarify the limits of an important 1969 Supreme Court precedent that let public schools punish student speech when it would “substantially disrupt” a school community. The case could impact the free speech rights of America's 50 million public school students. Congress Tries to Steal State Taxing Powers Later in the episode, Mark talks about NCLA's amicus brief filed in State of Ohio v. United States Department of the Treasury, et al., a case challenging federal control of state taxation. Never before in the history of the United States has Congress conditioned the receipt of federal funds on state governments surrendering inherent and core sovereign taxing powers. The American Rescue Plan Act of 2021 (ARPA), enacted on March 11, 2021, includes a constitutionally alarming provision—the “Tax Cut Ban”—which impermissibly seizes taxing authority from every state. NCLA's amicus brief, filed in the U.S. District Court for the Southern District of Ohio, argues that the ambiguity at the heart of ARPA cannot be cured by the Department of Treasury's new guidance seeking to clarify the parameters of the Tax Cut Ban. Read more about the amicus brief here: https://nclalegal.org/amicus-brief-state-of-ohio-v-united-states-department-of-the-treasury-et-al/ See omnystudio.com/listener for privacy information.
This week on the Carolina Snowflakes Podcast we’re giving a hip hip HOORAY and a pompom shake to the first amendment of the United States constitution. Nothing says “America Rules” like a heavy dose of FREEDOM. We’ve got the freedom to speak, the freedom to worship, the freedom to assemble, the freedom to press and the freedom to petition. That’s a whole lot of freedom and we’re here for it. We begin our freedom celebrations by discussing a recent Supreme Court case out of Pennsylvania in which a 14 year old high school cheerleader named Brandi Levy sent out an f-bomb riddled Snapchat message venting frustrations over her failure to make the varsity team. Her salty snap wound up getting her banned from cheering for an entire year and opened up a legal question of how much authority should public schools have in “policing” social media use by students when they’re off campus and when such use happens during non-school hours. This case is a big deal considering SCOTUS hasn’t ruled on a school speech-related case in over 50 years. In fact, it’s so big that even the Biden administration is weighing in alongside the ACLU and several other heavy-hitting organizations. A ruling by SCOTUS is anticipated later this summer and whatever they decide will become precedent for at least the next 2 to 3 generations. Get your popcorn ready! Though the Brandi Levy case is interesting, hers isn’t the first time public schools have been questioned for their use of seemingly excessive discipline in punishing students for bad behavior. Such was the case of a high school student who put up a sign on the building of his school asking his girlfriend to prom. He purposefully used paper and masking tape so that the sign could easily be removed and leave no lasting damage, but the school’s administrators weren’t amused. His romantic gesture got him charged with vandalism and thus banned from attending prom all together. As word of his story spread online, the internet blew up and thousands upon thousands of pissed off people called the school and demanded they let the boy go to his prom. After fielding rant-filled phone calls for a few days, administrators relented and withdrew the ban. These stories are but 2 examples of the increasing collision occurring between protected freedoms and rule enforcement in the 21st century. Considering technology is only going to continue growing, so too must the regulations surrounding how authorities enforce their own rules. This is called progress and sometimes it’s necessary. We close this week with an example of such modern technology colliding with antiquated laws in the telling of the story of The Pirate Bay. Perhaps you’ve heard of it. Perhaps you’ve even visited. Even if you haven’t, you’ll be stunned to hear how the creators of the world’s largest piracy index have continued to skirt, dodge and thwart copyright laws for over 17 years. These guys are super smart and very clever. So tune in to hear this and much MORE cause this week we’re celebrating our Freedom to Cheer!
The Supreme Court recently heard oral arguments in a case that could determine public school's abilities to police student's speech off campus. The case began when a young woman named Brandi Levy sent out an curse-laden Snapchat expressing her frustration at not making the Varsity cheerleading squad, and was suspended from the JV team. Jeannie Suk Gersen, John H. Watson, Jr., Professor of Law at Harvard Law School & New Yorker contributing writer, joins us to discuss the case, known as Mahanoy Area School District v. B.L.
In 2017, Brandi Levy, a junior-varsity cheerleader at Mahanoy Area High School, in Pennsylvania, was denied a spot on the school’s varsity squad. That weekend, off campus, Levy posted a furious, profanity-filled photo and message about the decision on Snapchat. A student who saw the message showed a screenshot to her mother—the cheer coach. Levy was barred from cheerleading for the rest of the year. The A.C.L.U. helped Levy’s parents file suit against the school in federal court, claiming that Brandi’s First Amendment right to free speech had been curtailed. Last week, four years after that pivotal snap, the U.S. Supreme Court heard oral arguments in the case of Mahanoy Area School District v. B.L. Jeannie Suk Gersen joins Dorothy Wickenden to discuss this contentious case and what it means for free speech in the digital age.
One day ahead of his 100th day in office, Biden addressed a joint session of Congress to layout out another ambitious policy agenda in his “American Families Plan.” As reported in the New York Times, Also this week, Biden signed an executive order increasing the minimum wage for all federal contractors to $15/hour. The increase will impact hundreds of thousands of workers. The FBI raided Rudy Giuliani’s home and office this week, seizing computers and cell phones. According to new reporting in the New York Times, the probe centers on the firing of the US Ambassador to Ukraine. If there are any feds listening to this podcast, please send us all conversations between Rudy and Doug Mastriano. Tucker Carlson tests the boundaries of extremism. Carlson used his top-rated, Fox News show to claim that requiring children to wear masks was “child abuse.” He said, “your response when you see children wearing masks as they play should be no different from your response to seeing someone beat a kid in Walmart...Call the police immediately, contact child protective services. Keep calling until someone arrives. What you’re looking at is abuse, it’s child abuse and you are morally obligated to attempt to prevent it.” The game of musical chairs has begun as the Census Bureau released the new state population numbers, which determine the number of seats each state gets in the House of Representatives. Gains: Texas (2), Florida (1), North Carolina (1), Colorado (1), Oregon (1), Montana (1) Losses: California (1), New York (1), Illinois (1), Pennsylvania (1), Ohio (1), Michigan (1), West Virginia (1) Matt Gaetz’s wing man decided to sing. Pennsylvania Spotlight relaunched their website! This is a project that has been in the works for months and thank you to everyone who helped make this possible, especially Scott Wagner and Mike Turzai. Senator Doug Mastriano and Pennsylvania Supreme Court candidate Paula Patrick were slated to speak at the “Up Front in the Prophetic” Q-Anon conference happening in Gettysburg this June, but both issued statements condemning the event and movement. Unconfirmed reports are that Mastriano issued this statement with a wink and a nod. A case by Pennsylvania high school student Brandi Levy made it to the Supreme Court after she was suspended from her cheerleading tea m after posting harsh comments about her school on Snapchat. When she failed to make the varsity cheerleading team, she posted a picture of herself flipping the bird captioned with “F___ school f___ softball f___ cheer f___ everything.” The case raises significant questions about the authority of schools to punish students for speech that occurs off school grounds. This was a major week for the future of the PA State System of Higher Education. On Wednesday, Chancellor Greenstein’s plans to merge six universities into two was accepted by the Board of Governors, triggering a 60 comment period and legislative hearings. A new report by the U Mass-based Political Economy Research Institute found that Greenstein’s plans will lead to over 1,500 direct job losses, leading to over 700 additional “indirect” or “induced” lost jobs in the Commonwealth. The question on the table now is whether Governor Wolf wants the destruction of PA public higher ed to be his lasting legacy. In my neck of the woods, there’s a team of right-wing extremists running for the Pennridge School Board. At least they are making it easy to know who NOT to vote for. So, DO NOT vote for Christine Batycki, Jordan Blomgren, Ricki Chaikin and Bob Cormack. The Mars Helicopter Ingenuity failed to make a fourth flight yesterday when it failed to switch into flight mode. China launched the main main module for its first permanent space station on Thursday. The launch is the first of 11 missions necessary to complete the station and establish China a major player in the future of space. China will also land its first rover on Mars next month. Last Friday, SpaceX’s Crew-2 mission launched a new crew to the International Space Station. On their way to the space station, a piece of space junk came unexpectedly close to colliding with the capsule. The four astronauts that arrived at the International Space Station were scheduled to depart the ISS later today, but they have been delayed for the second time due to weather. Or, maybe they want a few more days for sightseeing? Free Will Brewing new releases: Strawberry Banana Mash & Longful Hunt. Last weekend Free Will launched Sunday Sessions - live music at the Brewery. Sklyar Love kicked off the season for the first show. This Sunday, John Valerio will be taking the stage from 1-4pm. No tickets required. There will be 19 beers on tap, wine from Pennswood, and food by Tre’ Locally Sourced.
On Wednesday, the Supreme Court heard arguments in a case involving a former high school student who posted a photo of herself and a friend on Snapchat with their middle fingers raised. The caption read, “fuck school fuck softball fuck cheer fuck everything.” Have you fainted in outrage yet?Brandi Levy was a freshman at a Pennsylvania high school when she tried out for the varsity cheerleading team. She didn’t make it, and ended up on the JV squad. She probably wasn't happy about that and posted the Snapchat in question. The cheerleading coaches caught wind of it and suspended her from cheerleading for a year.In response, Levy's father filed a lawsuit with the help of the ACLU, alleging that the school had violated his daughter’s First Amendment rights. And now this case may decide some major questions about the rights of minors like:What free speech rights do students have outside of school?Can their free speech rights be abridged 24 hours a day, 365 days a year?What counts as private versus public speech in the era of social media?On this episode of Boom! Lawyered, Jess and Imani wade into all of this and more. Gooooo team!
On Wednesday, the Supreme Court heard arguments in a case involving a former high school student who posted a photo of herself and a friend on Snapchat with their middle fingers raised. The caption read, “fuck school fuck softball fuck cheer fuck everything.” Have you fainted in outrage yet?Brandi Levy was a freshman at a Pennsylvania high school when she tried out for the varsity cheerleading team. She didn’t make it, and ended up on the JV squad. She probably wasn't happy about that and posted the Snapchat in question. The cheerleading coaches caught wind of it and suspended her from cheerleading for a year.In response, Levy's father filed a lawsuit with the help of the ACLU, alleging that the school had violated his daughter’s First Amendment rights. And now this case may decide some major questions about the rights of minors like:What free speech rights do students have outside of school?Can their free speech rights be abridged 24 hours a day, 365 days a year?What counts as private versus public speech in the era of social media?On this episode of Boom! Lawyered, Jess and Imani wade into all of this and more. Gooooo team!
The Saint Louis University School of Law professor breaks down the Supreme Court hearing the argument involving college student Brandi Levy.
In this episode: High School Cheerleading Supreme Court Case, Paul’s Second Vaccine Shot, Neighborhood Nicknames, Chinese Junk Disposal, Dumbass of the Day, VHS Felony Arrest Warrant, Real ID, Not Necessary, and the Big Three at 9.
The social media platform Snapchat, the "F-word," and cheerleading made its way to the Supreme Court Wednesday, in a battle over student free speech. The Supreme Court ruled in 1969 that public schools could punish disruptive student speech in school, 18-year-old Brandi Levy's case asks whether that right extends to off-campus speech. John Yang has the report. PBS NewsHour is supported by - https://www.pbs.org/newshour/about/funders
The social media platform Snapchat, the "F-word," and cheerleading made its way to the Supreme Court Wednesday, in a battle over student free speech. The Supreme Court ruled in 1969 that public schools could punish disruptive student speech in school, 18-year-old Brandi Levy's case asks whether that right extends to off-campus speech. John Yang has the report. PBS NewsHour is supported by - https://www.pbs.org/newshour/about/funders
On April 28th, the Supreme Court will hear arguments for a case that has big implications for student free speech. The case involves then 14-year-old Brandi Levy, a cheerleader at Mahanoy Area High School in Pennsylvania, and her post on the social media platform, Snapchat. One of her cheerleading coaches saw the post, which used an expletive, and suspended her from the team for a year – even though Brandi had posted on a weekend and off school property. Brandi and her family sued the school for violating her First Amendment rights. Brandi has prevailed in two lower federal court rulings but now, the Supreme Court will have the opportunity to uphold the win or rule for the school. Brandi and her father, Larry, join us on this episode, as well as Vera Eidelman, Staff Attorney at the ACLU's Speech, Privacy and Technology project, who is working on Brandi's case.
Officials in North Carolina brace for impact on the verge of the release of new body camera footage. Cheerleader Brandi Levy of Pennsylvania is booted from the squad and takes her case up to the Supreme Court. Michigan Democrat House Representative Jewell Jones is arrested for multiple charges. And more! Join criminal defense lawyer Robert F. Gruler in a discussion on the latest legal, criminal and political news, including:• Officials in Elizabeth City North Carolina declare a state of emergency on the verge of releasing new body camera footage from an officer involved shooting.• Andrew Brown Jr. was shot and killed on April 21st but details have yet to be released.• North Carolina Governor Roy Cooper tweets and says Brown's death was “extremely concerning”.• Ben Crump, they attorney who helped the George Floyd family recover $27 million, appears to be representing the family and is set to meet with lawyers today.• Highschool cheerleader Brandi Levy was booted from the cheer squad after posting an inappropriate (according to school officials) Snapchat post.• Levy and her parents sued the school, and the United States Supreme Court has agreed to hear the case.• Scheduled for oral arguments in the case of Mahanoy Area School District v. B.L., we review the court docket and the arguments proffered by the parties.• Democratic Representative Jewell Jones was arrested for driving under the influence.• Jones, a Michigan House Representative, threatened to call Governor Gretchen Whitmer is he was not released by the officers.• Review of the body camera footage that captured the interaction between Jones and the officers.• Your questions from Locals.com after each segment!LIVECHAT QUESTIONS: • https://watchingthewatchers.locals.com/NEW! EXISTENCE SYSTEMS ONLINE COURSE!• www.robertgruler.com/existence-systemsConnect with us:• Locals! https://watchingthewatchers.locals.com• Podcast (audio): https://watchingthewatchers.buzzsprou...• Facebook: https://www.facebook.com/robertgruleresq• Rumble: https://rumble.com/c/RobertGrulerEsq• Robert Gruler Instagram:
On April 28, the U.S. Supreme Court will hear arguments in B.L. v. Mahanoy Area School District. In 2017, a Mahanoy student was kicked off the junior varsity cheerleading team after she posted a "snap" on Snapchat that said "fuck school fuck softball fuck cheer fuck everything" while hanging out with a friend at a convenience store on a Saturday. Represented by the ACLU of PA, the student challenged the school's punishment and won four ensuing court decisions. In this episode, we hear from the student, Brandi Levy, along with ACLU-PA Legal Director Vic Walczak and Mary Beth Tinker, one of the plaintiffs in the Supreme Court's landmark case Tinker v. Des Moines. They talk about what's at stake in this case and why students should have the constitutionally protected right to express themselves. Oral arguments will be livestreamed on April 28 at 10am at this link: https://www.c-span.org/video/?510036-1/mahanoy-area-schools-district-v-bl-oral-argument Learn more about this case here: https://www.aclupa.org/en/cases/bl-v-mahanoy-area-school-district "Punished for a Snapchat: Why School Shouldn't Police Students' Speech Outside of School" https://www.aclu.org/news/free-speech/punished-for-a-snapchat-why-schools-shouldnt-police-students-speech-outside-of-school/
Ninth grader Brandi Levy was frustrated when she didn’t make her high school’s varsity cheerleading team so she posted an intemperate video about it on Snapchat to her 250 “friends.” Four years later, that video, which led to her suspension from the junior varsity cheer team, will take center stage at the United States Supreme Court. Mahanoy Area School District v. B.L. is a case that University of Florida Professor Frank LoMonte says will determine “the future of student free speech.” On today’s episode of So to Speak: The Free Speech Podcast, we are joined by LoMonte, who also leads the Brechner Center for Freedom of Information, and FIRE Program Officer Lindsie Rank to discuss the Mahanoy case, which could answer some important lingering questions about student speech rights off-campus and on social media. The Supreme Court is set to hear oral arguments in the case on Wednesday, April 28. A decision is expected this summer. Show notes: Transcript “The future of student free speech comes down to a foul-mouthed Cheerleader,” by Frank LoMonte FIRE, NCAC, and CBLDF file brief in Mahanoy Area School District v. B.L., cheerleader Snapchat case before Supreme Court www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org