“Trump’s new order aims to limit social media companies’ legal protections if they don’t adhere to unspecified standards of neutrality. It comes just two days after Twitter fact-checked two of his tweets that made misleading claims about voting-by-mail in the 2020 elections.”
…
“The order calls for limiting protections that a law called Section 230 offers tech companies like Twitter, Facebook, and Google by not holding them responsible for what users post on their platforms.”
…
“To do this, the order tasks regulators at the Federal Communications Commission and the Federal Trade Commission to create new rules that could pull back some of those protections, potentially opening them up to a litany of lawsuits for libel, defamation, and other complaints.”
…
“Critics — including, reportedly, some of Trump’s most conservative advisers — have warned the order could set a dangerous and unconstitutional precedent that the president can use executive powers to effectively censor companies for political reasons. Many legal experts say the order is largely toothless and will be challenged in court.”
…
“Ironically, it’s actually Trump — not Twitter — who is wading into unconstitutional territory here. If Trump were to try to shut down social media companies in retaliation for Twitter’s fact-check of his tweets, that would be a clear violation of the First Amendment. It would be sure to invite a fierce legal challenge and would signal an alarming attempt by the president of the United States to wield his executive power against one of the most fundamental rights in this country.”
“POLITICO spoke to 10 National Guardsmen who have taken part in the protest response across the country since the killing of George Floyd while in police custody. Many Guardsmen said they felt uncomfortable with the way they were used to handle the unrest because demonstrators lumped them in with the police. They felt that while they swore an oath to uphold the Constitution, their presence at times intimidated Americans from expressing their opinions and even escalated the tension.
And in the case of Guardsmen involved in the Lafayette incident, some felt used.
“As a military officer, what I saw was more or less really f—ed up,” said one D.C. Guardsman who was deployed to Lafayette Square last Monday and who, like some others, spoke on condition of anonymity to speak freely. The official line from the White House that the protesters had turned violent, he said, is false.”
…
““I’m here to support and defend the Constitution of the United States and what I just saw goes against my oath and to see everyone try to cover up what really happened,” the Guardsman continued. “What I saw was just absolutely wrong.””
…
“One of the Guardsmen at the scene said the White House isn’t being truthful.
“I’ve been tear gassed before. I was there the night before when we got tear gassed, there was tear gas there” on Monday evening, he said. He added that he and some of his soldiers felt the effects of the tear gas from their colleagues because they didn’t have masks on.”
…
“The U.S. Park Police has acknowledged firing pepper balls into the crowd, which is also a chemical irritant.”
…
“The officer said he even told Gen. Mark Milley, the chairman of the Joint Chiefs of Staff, just before the Park Police moved in that the protests had been peaceful that day, a sentiment that was shared by three other Guardsmen who were there.”
…
” As of Monday, 42,700 National Guardsmen were deployed across 34 states and D.C. to deal with protests. At the height of the response last week, 1,200 D.C. National Guardsmen and another 3,900 from 11 states were patrolling the nation’s capital. Defense Secretary Mark Esper gave the order for the out-of-state Guardsmen to begin leaving on Friday; all are expected to return home by Wednesday.”
…
“Torrie Osterholm, the D.C. National Guard’s director of psychological health, said in an interview that many Guardsmen have reached out to her in the past week to express the pain and confusion they struggled with during and after the mission, both for what they witnessed and how the protesters reacted.
One Guardsman told her, “‘I never thought I’d get a bottle thrown at me and be told I should die and I should kill myself,’” Osterholm said. “There’s not enough Kevlar to protect you from those kinds of statements spoken in your own language.”
Walker, the D.C. Guard commander, acknowledged the challenges Guardsmen faced in a Sunday briefing with reporters.
“I have some Guardsmen whose family members came out and criticized them. ‘What are you doing out here, aren’t you black?’” Walker said. “Of course, we’re all hurting. The nation is hurting.””
“In a 2017 analysis of data from 20 states, researchers at Stanford University found that “white drivers are searched in 2.0% of stops, compared to 3.5% of stops for black motorists and 3.8% for Hispanic motorists.” After the researchers controlled for stop location, date and time, and driver age and gender, they calculated that “black and Hispanic drivers have approximately twice the odds of being searched relative to white drivers.” They were also twice as likely to be arrested. The study found that “black and Hispanic drivers are searched on the basis of less evidence than white drivers, suggestive of bias in search decisions.”
After surveying drivers in the Kansas City area in 2003 and 2004, Charles Epp and two other researchers at the University of Kansas classified police encounters based on the legal justification (or lack thereof) and the amount of discretion involved. They found that black drivers were no more likely than white drivers to report clear-cut “traffic safety stops” (e.g., for running a red light or stop sign, driving at night with headlights off, or exceeding the speed limit by seven or more miles an hour) but were nearly three times as likely to report seemingly pretextual “investigatory stops” (e.g., for an unilluminated license plate, driving too slowly, or no reason mentioned by the officer).
During investigatory stops, Epp and his colleagues reported, black drivers were five times as likely as white drivers to be searched. They were also more likely to be handcuffed and threatened with arrest, and more likely to describe the officer’s demeanor as rude, hostile, or insulting. Blacks perceived investigatory stops as less legitimate than traffic safety stops, while whites made no such distinction. The more stops black drivers had experienced, the less they trusted the police, an effect that was not apparent among white drivers.”
“The overwhelming majority of states allow any lawful voter to obtain an absentee ballot without having to justify their request. Texas, by contrast, allows only a minority of voters to obtain one. One provision of state law allows elderly voters to vote absentee. Another permits absentee ballots if a voter will be away from their home county on Election Day. A third provides that “a qualified voter is eligible for early voting by mail if the voter has a sickness or physical condition that prevents the voter from appearing at the polling place on Election Day without a likelihood of needing personal assistance or of injuring the voter’s health” — a requirement that, according to the state Supreme Court’s decision in Texas, applies only to people who are ill or disabled.
Civil rights groups and the state Democratic Party argued that this third provision should be broadly interpreted to allow anyone who could become infected with the coronavirus to vote absentee. The words “physical condition,” they argued, includes the physical condition of being susceptible to a deadly pandemic disease. In other words, during a pandemic that requires social distancing to control the spread of said disease, nearly everyone has a “physical condition” that should enable them to vote absentee.
In recent elections, older voters have tended to prefer Republican candidates over Democrats. Texas Attorney General Ken Paxton, a Republican, objected to the broader interpretation of the law. At one point, his office even threatened to bring criminal prosecutions against any organization that encourages younger voters to request an absentee ballot. The state Supreme Court’s nine Republican justices ultimately sided with Paxton, although two of the nine did so for different reasons.
The court’s decision in Texas will not be the last word on whether younger Texans may vote absentee in November. In a separate Texas lawsuit, a federal trial judge ruled last week that the state cannot discriminate against younger voters. Among other things, he determined that the Texas law violates the 26th Amendment, which permits all otherwise eligible voters over the age of 18 to cast a ballot.
But the federal decision has been appealed to the notoriously conservative US Court of Appeals for the Fifth Circuit and may ultimately be heard by a US Supreme Court that is frequently hostile to claims of voter suppression. So it is far from clear that younger Texans will be allowed to vote absentee.”
“the WHO did make some mistakes early on in the pandemic, such as not pushing China to allow international inspectors into the country as the coronavirus outbreak grew, and falsely asserting in January that “Chinese authorities have found no clear evidence of human-to-human transmission” of Covid-19.
But that’s a far cry from proof of some special WHO-China conspiracy, and serves as a convenient excuse to distract from Trump’s lacking coronavirus response in the US — including ignoring months of US intelligence warning of an imminent threat to the country from the virus.”
…
“the president’s decision will be a major blow to the WHO. America’s withdrawal means the health body will lose nearly $900 million in US contributions every two years, by far the most the body receives from any nation. Trump had already frozen about $400 million of that money last month when he first froze funding during a review of US-WHO relations.
The US will now be “redirecting those funds to other worldwide and deserving urgent global public health needs,” Trump said, without naming what those might be.
In one fell swoop, Trump is making the global coronavirus response harder to coordinate, has possibly ignited a congressional firestorm, and almost surely worsened the world’s perceptions of America.”
“injunctions. When a court enjoins a particular defendant, they don’t just order that defendant to cease a particular behavior, they also can enforce that order with criminal sanctions or by imposing escalating fines until the defendant ceases their illegal conduct. A party subject to an injunction, in other words, can be squeezed so hard by court sanctions that they have no choice but to change their behavior.
Consider the case of Eric Garner, who was killed by a New York police officer’s chokehold in 2014. Although the NYPD had a formal policy barring chokeholds, it was frequently unenforced. The city’s Civilian Complaint Review Board received 219 chokehold complaints against NYPD officers in just one year.
If one of the victims of those chokeholds had obtained an injunction against the NYPD, then a court could have imposed strict sanctions on the city until police chokeholds ceased. And Eric Garner might be alive today.”
“It is unclear whether ordering emergency curfews — that is, telling people they must stay at home and avoid public areas after a certain time in the evening, and increasing public police presence to enforce it — is effective in reducing unrest. Criminologists note there doesn’t appear to be an abundance of research on the matter. But some experts have raised concerns about the way curfews are likely to be enforced in communities of color and argue they could exacerbate the very dynamics that gave rise to the unrest in the first place: namely, that they will encourage confrontational policing at a time when people are demanding the opposite.”
…
““Curfews are an extremely blunt tool that should only be used sparingly and as a last result. They give police tremendous power to intervene in the lives of all citizens,” he said. “They pose a huge burden on people who work irregular hours, especially people of color in service professions who may need to travel through areas of social disturbance in order to get to and from work at night.””
“empirical research has come out persuasively showing that riots in the past have not generally swung public opinion toward the causes they’re rooted in.
Particularly with the 1960s riots, the evidence suggests that white voters’ negative reactions to these uprisings in black communities fueled the rise of “tough on crime” politicians whose policies perpetuated some of the problems that protesters in the ’60s stood against and that demonstrators today are now protesting.
We don’t know if this research on the 1960s uprisings can be perfectly generalized to protests today, when the circumstances, political climate, and population are different. There are other studies suggesting that, at least in limited circumstances, riots have helped some causes.
But there are concerning signs about the way today’s protests are going. With violence becoming a bigger and bigger part of the news, figures like President Donald Trump can ignore the overall message and cause of the protests and instead focus on calling for “law and order” and the deployment of the National Guard. Some, like Sen. Tom Cotton (R-AR), have called for military deployment in cities hit by riots. Unrest at protests is producing the very attitudes and positions — from “tough on crime” to the literal militarization of policing — that protesters are standing against.”
…
“research from the past suggests the path to meaningful change, particularly for racial justice, is typically more successful through peaceful means.”