From ACLU: http://www.aclum.org/news_release_8.29.11
ACLU News Release:
Simon Glik broke no law when he used his cell phone to record police officers’ use of force against another man on Boston Common.
FOR IMMEDIATE RELEASE
Monday, August 29, 2011
Christopher Ott, Communications Director, 617-482-3170 x322, email@example.com
BOSTON — The U.S. Court of Appeals for the First Circuit ruled unanimously late Friday that Simon Glik had a right to videotape police in action on Boston Common. Mr. Glik sued three police officers and the City of Boston for violating his civil rights after police arrested him and charged him with illegal wiretapping, aiding the escape of a prisoner, and disturbing the peace–all for merely holding up his cell phone and openly recording Boston police officers who were punching another man on Boston Common in October 2007. As a defense, the police argued the law was not clear, but the Court decisively rejected their claim of immunity from being sued.
“This is a resounding victory for the First Amendment right to openly record police officers carrying out their duties in a public place,” said Sarah Wunsch, ACLU of Massachusetts staff attorney. “It will be influential around the country in other cases where people have been arrested for videotaping the conduct of the police,” said Wunsch.
“Police officers must be trained to respect the right of people to openly record their actions in public,” said David Milton, a Boston attorney representing Mr. Glik for the ACLU in the civil rights suit. “Simon did what we hope any engaged citizen would do, which was documenting what he thought looked like an improper use of force, and his action in no way interfered with the police.”
“This case is significant not only for members of the public who use cell phone cameras to document police conduct. It is equally important for members of the media, since reporters and the public have the same right of access to information,” said attorney Milton. The court noted that changes in technology have made it hard to draw a line between a private citizen and a journalist. This ruling applies to recording of all public officials. The Court noted the particular importance of recording police officers because they have “substantial discretion that may be misused to deprive individuals of their liberties.”
Massachusetts wiretap statute (Ch. 272, Sec. 99) prohibits willful interception–in secret–of any oral communication, without having obtained the prior authorization of those taking part. However, the statute does not require “consent,” it only requires that the recording not be secret. Since Mr. Glik was openly recording the police by holding up his cell phone, there was no reason to believe he was violating the statute. The police therefore also violated Glik’s Fourth Amendment right to not be arrested without probable cause, as well as his First Amendment right to observe and gather information about what the police were doing in a public place.
At the time of his arrest, Simon Glik was a lawyer who had finished a clerkship with the Probate Court. He was looking for a permanent job as an attorney. Instead, for four months, he became a criminal defendant facing a felony charge.
During the incident, Mr. Glik stood about ten feet away from the officers while they were making an arrest. He did not interfere. Mr. Glik did not speak to the police officers nor did they speak to him until the suspect was in handcuffs. The police officers were identified later as John Cunniffe, Peter J. Savalis, and Jerome Hall-Brewster. They are defendants in the civil rights case along with the City of Boston, which the suit argues is responsible for inadequately training, supervising, and disciplining officers who arrest people under the wiretap statute for openly recording the police carrying out their duties in public.
Shortly after Mr. Glik’s arrest, the Suffolk County District Attorney’s office dropped the “aiding the escape of a prisoner” charge but pursued the wiretap charge (a felony) and disturbing the peace. After a judge of the Boston Municipal Court threw out those charges, the ACLU of Massachusetts brought a civil rights suit on Mr. Glik’s behalf, charging that the police officers and the City had violated his rights.
All of the police officers asked the U.S. District Court to throw out the case against them on the grounds of “qualified immunity”, which protects government officials from the burdens of a lawsuit only if the allegations of the complaint do not show a constitutional violation, or, if they do constitute a violation of a constitutional right, the right was not clearly established, and a reasonable police officer would not have known about it.
In June 2010, U.S. District Court Judge William Young denied the police officers’ request to have the case against them dismissed, stating that the law is clearly established that the First Amendment protects Simon Glik’s conduct, and refused to grant them qualified immunity from suit.
The police officers appealed that ruling to the U.S. Court of Appeals, which heard oral arguments on June 8, 2011. The claims against the City of Boston for failing to train and supervise police officers about the right of Americans to observe and openly record the conduct of the police in public is not subject to qualified immunity and have continued in U.S. District Court.
David Milton of the Boston firm Law Offices of Howard Friedman is the cooperating attorney for the ACLU of Massachusetts and argued for Simon Glik, asking the First Circuit to affirm Judge Young’s ruling. He, his colleague Howard Friedman, and ACLU of Massachusetts staff attorney Sarah Wunsch have been representing Mr. Glik on the civil rights lawsuit.
For more details, including video of the arrest witnessed by Mr. Glik, see: the case page.
From Mother Jones: http://motherjones.com/tom-philpott/2011/08/monsanto-gm-super-insects
By Tom Philpott
Tue Aug. 30, 2011
Over the past decade and a half, as Monsanto built up its globe-spanning, multi-billion-dollar genetically modified seed empire, it made two major pitches to farmers.
The first involved weeds. Leave the weed management to us, Monsanto insisted. We’ve engineered plants that can survive our very own herbicide. Just pay up for our patented, premium-priced seeds, spray your fields with our Roundup herbicide whenever the fancy strikes, and—voilà!—no more weeds.
The second involved crop-eating insects. We’ve isolated the toxic gene of a commonly used bacterial pesticide called Bt, Monsanto announced, and spliced it directly into crops. Along with corn and soy, you will literally be growing the pesticide that protects them. Plant our seeds, and watch your crops thrive while their pests shrivel and die.
Monsanto focused its technology on three widely planted, highly subsidized crops: corn, soy, and cotton. Large-scale farmers of these commodities, always operating on razor-thin profit margins, lunged at the chance to streamline their operations by essentially outsourcing their pest management to Monsanto. And so Monsanto’s high-tech crops essentially took over the corn/soy- and cotton-growing regions of the country.
But now the pitches are wearing thin. Dumping a single herbicide onto millions of acres of farmland has, predictably enough, given rise to weeds resistant to that herbicide. Such “superweeds” are now galloping through cotton and corn country, forcing farmers to resort to highly toxic herbicide cocktails and even hand-weeding. More than 11 million acres are infested with Roundup-resistant weeds, up from 2.4 million acres in 2007, reckons Penn State University weed expert David Mortensen.
And now insects are developing resistance to Monsanto’s insecticide-infused crops, reports the Wall Street Journal. Fields planted in Monsanto’s Bt corn in some areas of the Midwest are showing damage from the corn rootworm—the very species targeted by Monsanto’s engineered trait. An Iowa State University scientist has conclusively identified Bt-resistant root worms in four Iowa fields, the Journal reports.
Continue reading at: http://motherjones.com/tom-philpott/2011/08/monsanto-gm-super-insects
This sort of reminds me of Steinbeck’s Grapes of Wrath…
Finding a new job today often requires thinking outside the box, and you can’t think much further outside the job search box than workamping.
By Michael Thornton
August 30, 2011
Where are the jobs? That question is on the minds of millions of Americans who have lost jobs during the Great Recession. During this historically lean jobs creation period, finding a new job often requires thinking outside the box. And you can’t think much further outside the job search box than “workamping” — also known as work-camping.
“The RV’s kitchen slide broke in Eutaw, Alabama, which is in the middle of the middle of nowhere. We managed. We were stuck in the mud in Clarksdale, Mississipi during a launch party for the anthology, Delta Blues. The tow truck driver who pulled our rig out of the mud jackknifed it and broke out the pickup’s rear window. Guess I can add my broken wrist to the list of oopsies.”
That’s how Suzann Ellingsworth described a couple of days in the workamping life she shares with her husband, Dave, as they drive their RV through the southern and plains states looking for work.
According to Workamper.com, a workamper is “an adventurous individual who has chosen a wonderful lifestyle that combines ANY kind of part-time or full-time work with RV camping. If you work as an employee, operate a business, or donate your time as a volunteer, AND you sleep in an RV (or on-site housing), you are a Workamper. Workampers generally receive compensation in the form of a free campsite, usually with free utilities (electricity, water, and sewer hookups) and additional wages.”
Calling it a “wonderful lifestyle” seems a bit over the top for some workampers. After communicating with Suzann for more than six months and observing the Ellingsworth’s ups and frequent downs, it’s obvious that workamping is not all fun and games, at least for those who hit the road in need of a job to survive.
Most workamper jobs are of the minimum-wage variety. Workampers generally don’t receive unemployment insurance benefits, severance pay or any warning that a job is about to end. Workampers face many of the same job insecurity issues as the millions of Americans who have been downsized due to job outsourcing, financial mismanagement and slow consumer demand for products and services, except workampers are purposely more nimble and have been conditioned to pack up and move to where the jobs are. “We have to be mobile to land a job,” said Suzann. Those who become jobless and live in traditional stationary homes aren’t usually able to move to another city on a moment’s notice.
From People’s World: http://peoplesworld.org/mich-republicans-cut-welfare-and-twist-bible/
With joblessness at extreme levels and child poverty reaching new highs (twenty three percent of Michigan’s children now live in poverty), Michigan’s Republican dominated state Legislature did the opposite of what reason and sanity call for.
Last Wednesday, they passed a 48-month lifetime limit on welfare benefits expected to cast more than 11,000 families off the welfare rolls on Oct. 1 – including more than 29,700 children.
Added to their previous votes granting tax breaks for corporations and votes to raise taxes on both the working poor and the pensions of seniors, Republicans continued the drive to balance the economic crisis on those already suffering the most.
That wrongheaded, mean-spirited and life threatening action was bad enough. What is outrageous is the post debate explanation given by Republican Rep. Dave Agema on his Facebook page.
Agema writes “During the debate, One of the DTW (Detroit) reps just stated God would ‘get us’ if we reduce welfare. I seem to recall a Biblical verse that states ‘let them that will not work, not eat’ (if they are able). Welfare reform is long overdue.”
Agema’s Facebook comments are off base on several accounts. First “able-bodied” people are lining up by the thousands whenever and wherever job interviews or job fairs take place. Even employers offering low wage jobs are deluged. Aldi, a discount grocery chain, had almost 1000 people apply for twelve openings in Holland, Michigan (a town very close to Agema’s district) two days before the legislatures vote. A few days earlier in Detroit, 5,000 desperately searching for work came to a jobs fair, sponsored by the Congressional Black Caucus, held at Wayne County Community College.
Continue reading at: http://peoplesworld.org/mich-republicans-cut-welfare-and-twist-bible/
From Common Dreams: http://www.commondreams.org/view/2011/08/31-4
In Besty Hartmann’s post The Great Distraction: ‘Overpopulation’ Is Back (8/30/11), she boldly charges the Center for Biological Diversity of undermining reproductive rights, letting the military and Monsanto off the hook, ignoring global warming, selling out to big advertising companies and distracting people while we subjugate women. Oh, and disrespecting victims of violence, worldwide.
In fact, the Center for Biological Diversity is probably the only environmental group in the country taking on Monsanto, the Pentagon, global warming while also working for environmental justice and reducing the human population to a sustainable level through public education and the promotion of women’s reproductive rights and empowerment. You could hardly ask for clearer proof that overpopulation is not a distraction from other issues.
The Center works on all these issues and believes that most people are equally capable of focusing on several problems at once. In this increasingly conservative time, liberals can’t afford Hartmann’s either/or thinking. We need to work on all fronts and build alliances with other progressive groups, not create false conflicts driving allies away.
We are witnessing one of the most rapid plant and animal extinction waves ever known on the planet. Every basic human need depends on the diversity that exists in the natural world. Our work is to stop the catastrophe sweeping over the planet, making life better for all species, humans included.
We cannot ignore the reality that explosive human population growth has led to loss of habitat, overhunting, overfishing, and pollution of air, land and water. It is critical that we speak out and speak up about this reality. For too long, overpopulation has been ignored by environmental groups and others, largely for political reasons.
Two hundred million women who want access to family planning resources don’t have it. The Center has and will continue to stand together with groups working to ensure women everywhere are empowered to make informed decisions and have access to the healthcare they need.
Every campaign we take on is focused on stopping the threats that imperiled species face. That is why we have fought the Pentagon’s bombing of critical wildlife habitat, killing of dolphins through undersea sonic booms, dewatering of rivers, and building of a massive military base in Okinawa, Japan against the wishes of local people. That is why we launched a massive nation-wide campaign to hold Monsanto and other pesticide manufacturers accountable for polluting our rivers with dangerous chemicals. And that’s why we are educating people about the connection between overpopulation and the species extinction crisis through innovative and creative media.
Continue reading at: http://www.commondreams.org/view/2011/08/31-4