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What To Do When You're Stopped By Police - The ACLU & Elon James White

What To Do When You're Stopped By Police - The ACLU & Elon James White

Know Anyone Who Thinks Racial Profiling Is Exaggerated? Watch This, And Tell Me When Your Jaw Drops.

This video clearly demonstrates how racist America is as a country and how far we have to go to become a country that is civilized and actually values equal justice. We must not rest until this goal is achieved. I do not want my great grandchildren to live in a country like we have today. I wish for them to live in a country where differences of race and culture are not ignored but valued as a part of what makes America great.

Friday, July 02, 2021

Clarence Thomas and Neil Gorsuch call to revisit landmark First Amendment case New York Times v. Sullivan - CNNPolitics

Justices Gorsuch and Thomas call to revisit landmark First Amendment case New York Times v. Sullivan

(CNN)  Justices Clarence Thomas and Neil Gorsuch on Friday said the Supreme Court should revisit the breadth of the landmark First Amendment decision in New York Times v. Sullivan and explore how it applies to social media and technology companies. 

That 1964 ruling created a higher bar for public figures to claim libel and has been a bedrock of US media law, but the two conservative justices said it's time to take another look.

"Since 1964," Gorsuch wrote Friday, "our Nation's media landscape has shifted in ways few could have forseen."

He added that "thanks to the revolutions in technology, today virtually anyone in this county can publish virtually anything for immediate consumption virtually anywhere in the world."

Gorsuch and Thomas wrote as they dissented when the court declined to take up a case from the son of a former prime minister of Albania who claimed several statements were defamatory in a book that was later turned into the Hollywood film, "War Dogs."

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"Not only has the doctrine evolved into a subsidy for published falsehoods on a scale no one could have foreseen, it has come to leave far more people without redress than anyone could have predicted," Gorsuch said. 

He added that previous tests courts have used "seem increasingly malleable and even archaic when almost anyone can attract some degree of public notoriety in some media segment."

Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, said Gorsuch's public move "is a pretty big deal."

"Sullivan provides crucial protection of the independence of news outlets, whose reporting might otherwise be chilled, even for accurate stories, if it were easier to sue them for defamation," Vladeck said. "The more justices who look poised to potentially revisit that precedent in the coming years, the more alarming Justice Thomas's previously idiosyncratic critiques become." 

Thomas said that the court's earlier pronouncements that the First Amendment "required public figures to establish actual malice bears no relation to the text, history or structure of the Constitution."

"The proliferation of falsehoods is, and always has been, a serious matter. Instead of continuing to insulate those who perpetrate lies from traditional remedies like libel suits, we should give them only the protection the First Amendment requires," he wrote.

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Thomas often plants seeds on issues he thinks should attract more attention from his colleagues.

In 2019 he, alone, urged the court to take another look at New York Times v. Sullivan calling it a policy-driven decision "masquerading as constitutional law." He has also suggested that Congress should consider whether laws should be updated to regulate social media platforms that he said have come to have "unbridled control" over speech.

Albanian brought First Amendment challenge

The case the court rejected Friday was brought by Shkelzen Berisha, a resident of Albania and son of a former prime minister. He sought to challenge several statements that he said are defamatory in a book called "Arms and the Dudes: How Three Stoners from Miami Beach Became the Most Unlikely Gunrunners in History." It was later turned into the Hollywood feature film "War Dogs" starring Jonah Hill and Miles Teller. 

The book says that Berisha met with "dudes" in Albania to arrange the delivery and repackaging of munitions.

In court papers, a lawyer for Berisha argues that the " petition presents an important constitutional question: should the First Amendment continue to shield from liability publishers of false defamatory statements merely because the subject of these statements is deemed a 'public figure' and cannot show that they were made with actual malice."

Lawyers for the authors and their publishers say that Berisha has "100% name recognition" in his country. 

Clarence Thomas and Neil Gorsuch call to revisit landmark First Amendment case New York Times v. Sullivan - CNNPolitics

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