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Judge Hits Blogger With $2.5 Million Charge For Not Being A Journalist
Thursday, December 08, 2011
In a case that's sending a frightening message to the blogger community, a U.S. District Court judge ruled that a blogger must pay $2.5 million to an investment firm she wrote about — because she isn't a real journalist.
As reported by Seattle Weekly, Judge Marco A. Hernandez said Crystal Cox, who runs several blogs, wasn't entitled to the protections afforded to journalists — specifically, Oregon's media shield law for sources — because she wasn't "affiliated with any newspaper, magazine, periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system."
The Obsidian Finance Group sued Cox in January for $10 million for writing several blog posts critical of the company and its co-founder, Kevin Padrick. Obsidian argued that the writing was defamatory. Cox represented herself in court.
The judge threw out all but one of the blog posts cited, focusing on just one (this one), which was more factual in tone than the rest of her writing. Cox said that was because she was being fed information from an inside source, whom she refused to name.
Without the source, she couldn't prove the information in the post was true — and thus, according to the judge, she didn't qualify for Oregon's media shield law since she wasn't employed by a media establishment. In the court's eyes, she was a blogger, not a journalist. The penalty: $2.5 million.
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---------- Forwarded message ----------
From: Greg Dempsey
Date: Friday, December 9, 2011
Subject: [DailyKos] *? 2 ALL: OCCUPY ENCAMPMENTS BANNED FROM DEMOCRATIC NATIONAL CONVENTION - WHAT ARE YOUR COMMENTS?*
To: Greg dempsey <gregdempsey@sti.net>
<thismessage:/mail/u/0/s/?view=att&th=134251346d4e4e53&attid=0.1&disp=emb&zw>
"The North Carolina city, sometimes called the "Wall Street of the South," is not taking any chances, and is already working to pass
an ordinance that would make occupying downtown spaces with tents a "public nuisance," in addition to banning "noxious substances,"
padlocks, and other camping equipment. The fact that it would knock out the city's current overnight demonstrators is an added bonus."
- New York Magazine
Hi Team!
*? 2 ALL:
OCCUPY ENCAMPMENTS BANNED FROM DEMOCRATIC NATIONAL CONVENTION -
<thismessage:/mail/u/0/s/?view=att&th=134251346d4e4e53&attid=0.2&disp=emb&zw>
Ology.com reports:
"Charlotte, North Carolina, the host city for the Democratic National Convention next year to renominate President Obama, has announced that it will not tolerate planned Occupy Wall Street demonstrations. Rather, the city council enacted a series of restrictions on the allowed locations in which protesters can demonstrate and the outright ban on overnight stays.
..."The constitutionality of the ruling is already being challenged by the National Lawyers Guild, which has been providing the Occupy movement with free legal services and counsel.
"Immediately, comparisons between this year and the ill-fated 1968 Democratic convention have begun to be made. In that year, anti-Vietnam War demonstrators descended on the city of Chicago during the Democratic nominating convention which was to replace President Lyndon Johnson, who had declined to run for a second full term in office.
"Earlier in the year, Sen. Robert Kennedy had been assassinated, who was the favorite of the youthful protesters. His likely successor, Sen. Eugene McCarthy, was challenged by Sen. Edmund Muskie – neither of whom received the nomination.
"The party bosses chose Hubert Humphrey to face former Vice President Richard Nixon in the fall, and violence soon broke out. What follows is a truly shameful moment in American history when police, protesters, journalist and politicians engaged in violent clashes:"
<thismessage:/mail/u/0/s/?view=att&th=134251346d4e4e53&attid=0.3&disp=emb&zw>
Police and demonstrators clash in Chicago on August 28, 1968, during the Democratic
National Convention. Photo: ©Les Sintay/Bettman/CORBIS - tuftsjournal.tufts.edu
Video at http://tinyurl.com/6sezthw
Occupy encampments banned from Democratic National Convention - what are your comments?
Greg Dempsey
http://groups.yahoo.com/group/SECULARHUMANIST/
Voice of the People
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"Hi. This is President Obama. Is Senator Lieberman in?"
"No, Mr. President. It's Yom Kippur!"
"Well, Hello, Yom. Can I leave a message?"
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I find it hard to believe that the South Koreans would allow this to be built.
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[[ I would not doubt that Obama ordered the military to give Iran the drone. ]]
http://market-ticker.org/akcs-www?post=198831
There's this old saying that "Military Intelligence" is an oxymoron, but sadly it appears to be true....
According to images from ABC News, the RQ-170 Sentinelappears to be fully intact (or at least placed back together after crash landing). This is likely to be a huge concern for the U.S. and represents an even larger technology/security breach than the "stealth helicopter" wreckage recovered during the Bin Laden raid.
The obvious conclusion: It didn't crash - it was captured. When was the last time you saw an aircraft that had crashed that was simply "placed back together" like nothing had happened?
Me either.
So how did this happen? Oh, I have a theory.....
A computer virus has infected the cockpits of America's Predator and Reaper drones, logging pilots' every keystroke as they remotely fly missions over Afghanistan and other warzones.
The virus, first detected nearly two weeks ago by the military's Host-Based Security System, has not prevented pilots at Creech Air Force Base in Nevada from flying their missions overseas. Nor have there been any confirmed incidents of classified information being lost or sent to an outside source. But the virus has resisted multiple efforts to remove it from Creech's computers, network security specialists say. And the infection underscores the ongoing security risks in what has become the U.S. military's most important weapons system.
No information being sent outside eh? You mean like, for instance, the encryption key for the communications between the drone and the dude or dudette flying it so someone could steal the plane?
I think we have to discard the claim that there has been no compromise of classified information being "leaked" as probably false (or worse) at this point and must instead assume that the entire drone command and control system -- at best -- has in fact been compromised.
After all how else do you wind up with an apparently intact drone aircraft other than to steal it while in-flight?
I'd call the "assumption" that all was well ridiculously stupid but that would be insulting to mentally compromised individuals. Stunned doesn't quite fit my reaction to this pair of stories, taken together.
Incidentally, if I may ask an inconvenient follow-up question, how certain are we that the encryption keys for purposes such as updating the targeting (or aborting) of Tomahawks and similar weapons while in flight remains secure?
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Florey v. Sioux Falls School District (1980)
Roger Florey, an atheist, filed suit against a local school district's
holiday programs, claiming that singing of religious carols during
Christmas concerts, like "Silent Night" and "O Come All Ye Faithful,"
were a violation of the separation of church and state.
Roger Florey, an atheist, filed suit against a local school district's
holiday programs, claiming that singing of religious carols during
Christmas concerts, like "Silent Night" and "O Come All Ye Faithful,"
were a violation of the separation of church and state.
County of Allegheny v. ACLU Greater Pittsburgh Chapter (1989)
The Supreme Court ruled that while a creche display on public property
was unconstitutional, a menorah display on another piece of public
property was not.
Bridenbaugh v. O'Bannon (1993)
According to the Seventh Circuit Court of Appeals, a government is
permitted to give employees a religious holiday off as a paid vacation
day, but only if the government can provide a legitimate secular
purpose for choosing that day instead of any other day.
Clever v. Cherry Hill Township (1993)
How far can a public school go when including religious symbols in
school functions? According to a New Jersey District Court, any
religious symbols can be used, but only so long as they are part of a
legitimate, secular education program.
Capitol Square Review Board v. Pinette (1995)
Supreme Court decision holding that an unattended cross erected by the
KKK on public grounds would not give the impression of government
endorsement and, hence, is not a violation of the separation of church
and state.
Metzl v. Leininger (1995)
Andrea Metzl, an Illinois public school teacher, filed a lawsuit to
prevent the state of Illinois from (among other things) using of
public funds derived from taxes that she paid to pay teachers for the
Good Friday holiday.
Bauchman v. West High School (1997)
Is it a violation of the separation of church and state to make
students sing Christian songs in a public school choir? According to
the 10th Circuit Court of Appeals, it isn't a violation - not even if
the teacher involved uses his position to promote his religion.
Ganulin v. United States (1999)
Is it constitutional for the United States government to recognize
Christmas as an official paid holiday? Richard Ganulin, an atheist
lawyer, argued that it isn't and filed suit, but a U.S. District Court
ruled against him.
ACLU v. Schundler (1999)
The Third Circuit Court of Appeals found that a city's crèche and
menorah display was unconstitutional when it did not have any secular
symbols with it, but it became constitutional when enough secular
symbols were added to a new, modified display.
Granzeier v. Middleton (1999)
Can the government take a religious holiday and make an official state
holiday out of it? Is it an establishment of religion when a religious
holy day becomes an official state holiday? Good Friday is a Christian
Holy Day which many Christians would surely like to have off, but does
that mean that governments should grant it official recognition over
and above the holy days of other religions?
Koenick v. Felton (1999)
Judith M. Koenick, a former public school teacher, filed suit against
the Board of Education of Montgomery County, Maryland, challenging the
constitutionality of a Maryland statute providing for public school
holidays on the Friday before Easter through the Monday following.
Sechler v. State College Area School District (2000)
Jarrod Sechler, a "youth pastor" at a local Christian church, filed
suit against the State College Area High School because their holiday
program was insufficiently Christian for him. According to a U.S.
District Court, the presence of non-Christian symbols did not advance
either those religions or express hostility towards Christianity.
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DO NOT read at work, or with kaufey in your mouth
| A Memorable Christmas As a joke, my brother used to hang a pair of ladies stockings over his fireplace before Christmas. He said all he wanted was for Santa to fill them. What they say about Santa checking the list twice must be true because every Christmas morning, although Bob's kids' stockings overflowed, his poor ladies stockings hung sadly empty. One year I decided to make his dream come true. I put on sunglasses and went in search of an inflatable love doll. They don't sell those things at Sears. I had to find a sex shop which meant a trip to the bad side of town. If you've never been in a sex shop, don't go. You'll only confuse yourself. I was there an hour saying things like, "What does this do?" "You're kidding me!" "Who would buy that?" Finally, I made it to the inflatable doll section. I wanted to buy a standard, uncomplicated doll, finding what I wanted was difficult. Love dolls come in many different colors and sizes. The top of the line, according to the side of the box, could do things I'd only seen in a book on animal husbandry. I settled for 'Lovable Louise'. She was at the bottom of the price range. To call Louise a "doll" took a huge leap of imagination. On Christmas Eve, with the help of a lot of huffing and puffing, Louise came to life. My sister-in-law was in on the plan and let me in during the wee morning hours long after Santa had come and gone. I filled the dangling ladies stockings with Louise's pliant legs and bottom. I also ate a cookie or two and drank the glass of milk left out so thoughtfully for Santa's visit. I went home, had a good giggle at what I thought would happen in the morning and went to bed. The next morning my brother called to say that Santa had been to his house and left a present that had made him VERY happy but had left the dog confused. She would bark, start to walk away, then come back and bark some more. We all agreed that Louise should remain in her ladies stockings so the rest of the family could admire her when they came over for our traditional Christmas dinner. My grandmother noticed Louise the moment she walked in the door. "What the hell is that?" she asked. My brother quickly explained, "It's a doll." "Who would play with something like that?" Granny snapped. I had several candidates in mind, but kept my mouth shut. "Where are her clothes?" Granny continued. "Boy, that turkey sure smells nice, Gran come and have a glass of sherry," Bob said, trying to steer her into the dining room. But Granny was relentless. "Why doesn't she have any teeth?" Again, I could have answered, but why would I? It was Christmas and no one wanted to ride in the back of the ambulance saying, "Hang on Granny! Hang on!" My grandfather, a delightful old man with poor eyesight, sidled up to me and said, "Hey, who's the naked girl by the fireplace?" I told him she was Bob's friend. A few minutes later I noticed Grandpa by the mantel, talking to Louise. Not just talking, but actually flirting. It was then that we realized this might be Grandpa's last Christmas at home. The dinner went well. We made the usual small talk about who had died, who was dying, and who should be killed, when suddenly Louise made a long noise that sounded a lot like the sort of noise that men do and women don't. Then she lurched from the stockings, flew around the room twice, and fell in a heap in front of the sofa. The cat screamed. I dribbled cranberry sauce from my mouth, and Grandpa ran across the room, fell to his knees, and began administering mouth to mouth resuscitation. My brother fell back over his chair and wet his pants and Granny threw down her napkin, stomped out of the room, and sat in the car. Later in my brother's garage, we conducted a thorough examination and found the cause of Louise's collapse. We discovered that Louise had suffered from a spark or hot ember to the back of her right thigh. Fortunately, thanks to a wonder drug called cellophane tape, we restored her to perfect health. Louise went on to star in several adult party movies. I think Grandpa still calls her whenever he can get out of the house. It was indeed a Christmas to treasure and remember. |
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British Intelligence has set up a web page with a cypher on it.
Crack the code before December 11; input the Keyword and you get a chance to become a British spy.
Try it for the fun of it.
--PHreD (just call me) Austin Powers
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As always, Pat Buchanan makes one stop and think....."Thought Provoking" to say the least.....
Marco Rubio Versus Rand Paul
By Pat Buchanan
12/9/2011
http://townhall.com/columnists/patbuchanan/2011/12/09/creators_oped/page/2
In August 2008, as the world's leaders gathered in Beijing for the Olympic games, Georgian President Mikheil Saakashvili, hot-headed and erratic, made his gamble for greatness.
It began with a stunning artillery barrage on Tskhinvali, capital of tiny South Ossetia, a province that had broken free of Tbilisi when Tbilisi broke free of Russia. As Ossetians and Russian peacekeepers fell under the Georgian guns, terrified Ossetians fled into Russia.
Saakashvili's blitzkrieg appeared to have triumphed.
Until, that is, Russian armor, on Vladimir Putin's orders, came thundering down the Roki Tunnel into Ossetia, sending Saakashvili's army reeling. The Georgians were driven out of Ossetia and expelled from a second province that had broken free of Tbilisi: Abkhazia.
The Russians then proceeded to bomb Tbilisi, capture Gori, birthplace of Joseph Stalin, and bomb Georgian airfields rumored to be the forward bases for the Israelis in any pre-emptive strike on Iran.
The humiliation of Saakashvili was total, and brought an enraged and frustrated John McCain running to the microphones.
"Today, we're all Georgians," bawled McCain.
Well, not exactly.
President Bush called Putin's response "disproportionate" and "brutal," but did nothing. Small nations that sucker-punch big powers do not get to dictate when the fisticuffs stop.
What made this war of interest to Americans, however, was that Bush had long sought to bring Georgia into NATO. Only the resistance of Old Europe had prevented it.
And had Georgia been a member of NATO when Saakashvili began his war, U.S. Marines and Special Forces might have been on the way to the Caucasus to confront Russian troops in a part of the world where there is no vital U.S. interest and never has been any U.S. strategic interest whatsoever.
A U.S war with Russia -- over Georgia, Abkhazia and South Ossetia -- would have been an act of national criminal insanity.
Days later, there came another startling discovery.
McCain foreign policy adviser Randy Scheunemann had been paid $290,000 by the Saakashvili regime, from January 2007 to March 2008, to get Georgia into NATO, and thus acquire a priceless U.S. war guarantee to fight on Georgia's side in any clash with Russia.
What makes this history relevant today?
Last week, Sen. Marco Rubio, rising star of the Republican right, on everyone's short list for VP, called for a unanimous vote, without debate, on a resolution directing President Obama to accept Georgia's plan for membership in NATO at the upcoming NATO summit in Chicago.
Rubio was pushing to have the U.S. Senate pressure Obama into fast-tracking Georgia into NATO, making Tbilisi an ally the United States would be obligated by treaty to go to war to defend.
Now it is impossible to believe a senator, not a year in office, dreamed this up himself. Some foreign agent of Scheunemann's ilk had to have had a role in drafting it.
And for whose benefit is Rubio pushing to have his own countrymen committed to fight for a Georgia that, three years ago, started an unprovoked war with Russia? Who cooked up this scheme to involve Americans in future wars in the Caucasus that are none of our business?
The answer is unknown. What is known is the name of the senator who blocked it -- Rand Paul, son of Ron Paul, who alone stepped in and objected, defeating Rubio's effort to get a unanimous vote.
The resolution was pulled. But these people will be back. They are indefatigable when it comes to finding ways to commit the blood of U.S. soldiers to their client regimes and ideological bedfellows.
Back in 2008, however, as Bush was confining himself to protesting the excesses of Russia's response, his ex-U.N. ambassador was full of righteous rage and ready for military action.
In the London Telegraph, Aug. 15, 2008, John Bolton declared that Russia had conducted an "invasion," that Georgia had been a "victim of aggression," that America had "fiddled while Georgia burned," that we had played the "paper tiger"when faced by the snarling Russian Bear.
As for the European Union, in bringing about a ceasefire, it had achieved results "approaching Neville Chamberlain's moment in the spotlight at Munich."
But did not Georgia launch the attack that started the war?
"This confrontation is not about who violated the Marquis of Queensbury's rule in South Ossetia," scoffed Bolton. Russia planned this "rape" because brave little Georgia refused to be "Finlandized."
Restoring America's credibility, said Bolton, now requires "drawing a clear line for Russia" in the Caucasus and elsewhere.
And who is John Bolton?
Newt Gingrich told two groups Wednesday he intends to name Bolton secretary of state.
With Newt appointing as America's first diplomat an uber-hawk who makes Dick Cheney look like Gandhi, and Mitt Romney's foreign policy team crawling with neocons primed for war with Iran, a vote for the GOP in 2012 looks more and more like a vote for war.
Like the Bourbons of old, the Republican Party seems to have learned nothing and forgotten nothing.
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