Prison Guards Who Locked Naked Inmate in Cell Filled With ‘Massive Amounts’ of Feces Got Qualified Immunity

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A group of prison guards who forced an inmate to live in two cells infested with human feces and raw sewage for a total of 6 days are protected by qualified immunity and cannot be sued over the incident, a federal court ruled last year. 

Though the U.S. Court of Appeals for the 5th Circuit acknowledged that the squalid conditions in which he was kept violated Trent Taylor’s Eighth Amendment right to not suffer cruel and unusual punishment, the panel afforded the defendants protection from civil liability because no similar situation had been ruled unconstitutional under previous case law. 

That’s par for the course with qualified immunity, the legal doctrine that shields public officials from accountability for violating your rights if the scenario in which those rights were violated has not been spelled out with granular detail in a pre-existing court precedent.

The Constitutional Accountability Center (CAC) filed an amicus brief this month petitioning the Supreme Court to hear Taylor’s case. 

“Under the Supreme Court’s case law, qualified immunity shields government actors from civil liability ‘so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known,'” says Brianne Gorod, Chief Counsel at CAC, “but the Supreme Court has made clear that ‘officials can still be on notice that their conduct violates established law even in novel factual circumstances.'”

This should be one of those times, says Gorod. Judges on the 5th Circuit disagreed, awarding qualified immunity to Robert Stevens, Robert Riojas, Ricardo Cortez, Stephen Hunter, Larry Davison, Shane Swaney, Creastor Henderson, and Joe Martinez, who were all prison officials at the John T. Montford Psychiatric Facility Unit in Lubbock, Texas, during the alleged incident.

On September 6, 2013, Taylor says that he was forced naked into a cell with “massive amounts” of feces across the floor, windows, walls, and ceiling. It gave off a “strong fecal odor.” Taylor claims he could not drink water because feces were “packed inside” the faucet, and he did not eat over worries that the food might get contaminated. 

Taylor alleges that Cortez, Davison, and Hunter laughed at him when he expressed concerns and that one guard told him he was “going to have a long weekend.” Taylor says that Swaney similarly shrugged off his complaints, telling him “Dude, this is Montford, there is shit in all these cells from years of psych patients.” Taylor stayed in the cell until September 10th.

On September 11, Taylor was transferred to an empty seclusion cell with a clogged drain overflowing with raw sewage. Lacking a toilet, he was told to urinate on the floor. But because the drain was stopped up, and because he lacked a bed, he would have then been forced to sleep in his urine. Taylor refused and proceeded to urinate on himself involuntarily after 24 hours passed. He stayed in that cell until September 13, after which time the guards attempted to escort him back to the feces-inundated cell. He begged for a different placement, and the guards obliged. 

Circuit Judge Jerry E. Smith writes in his opinion that Taylor’s case meets the threshold for an Eighth Amendment violation. He cites two court precedents—McCord v. Maggio (1991) and Gates v. Cook (1994)—that affirm a prisoner is not to be subjected to egregiously unsanitary living conditions. Gates, the judge writes, further supports Taylor’s claims that the guards acted with deliberate indifference, which Smith notes is “no small hurdle.”

But in a poignant demonstration of how qualified immunity works in practice, Smith then transitions to explaining why the guards deserve protection from civil liability: “The law wasn’t clearly established. Taylor stayed in his extremely dirty cells for only six days,” Smith writes. “Though the law was clear that prisoners couldn’t be housed in cells teeming with human waste for months on end, we hadn’t previously held that a time period so short violated the Constitution. That dooms Taylor’s claim.”

Put more plainly, the guards cannot be held liable, but not because their alleged conduct didn’t infringe on Taylor’s right to be free from cruel and unusual punishment. It did—current case law confirms as much. Taylor cannot sue the guards for violating his constitutional rights—which the Court agrees happened—because the length of time Taylor spent in those filthy conditions has not been carved out with razor-like precision in previous case law.

This isn’t surprising. Qualified immunity has protected public officials from accountability in a slew of cases where their behavior was unquestionably wrong. As Smith mentions, the doctrine requires that rights violations be “clearly established,” which, in turn, means that nefarious conduct often gets a pass simply because a court hasn’t evaluated a case with identical circumstances. 

Consider the two cops who received qualified immunity after allegedly stealing $225,000. Or the cop who received qualified immunity after shooting a 10-year-old (or, alternatively, the one who shot a 15-year-old). Or the cops who received qualified immunity after assaulting and arresting a man for standing outside of his own house. Or the prison guard who received qualified immunity after hiding while an escaped inmate raped someone in the building. Or the cops who received qualified immunity after siccing a police canine on a person who’d surrendered

Amid protests over the killing of George Floyd by former Minneapolis police officer Derek Chauvin, lawmakers are mulling different pieces of legislation that would eliminate or reform qualified immunity. Rep. Justin Amash (L–Mich.) introduced the Ending Qualified Immunity Act, which would remove the protections outright. Though Republicans have been slow to come around on the subject, Sen. Mike Braun (R–Ind.) unveiled his own legislation Tuesday that would majorly curtail the doctrine. House Democrats would eradicate qualified immunity as part of the Justice in Policing Act, though it’s worth noting that their bill only eliminates it for cops. People like Taylor would still be out of luck because his rights were violated by correctional officers. 

President Donald Trump has said he would veto any such legislation. The law enforcement lobby vigorously opposes any modifications to qualified immunity. 

Supporters of the doctrine say that reforming qualified immunity will result in police officers being sued for frivolous reasons, but that objection hinges on a fundamental misunderstanding of the litigation process. One cannot waltz into a federal courthouse and file a lawsuit. The process is an expensive one, replete with hefty court fees, and requires representation from someone would likely work on a contingency basis. Put more plainly, they only get paid if they win.

If the police believe they cannot protect taxpayers’ constitutional rights without the freedom to violate those rights, they should find new jobs, and police departments should begin looking for applicants who they can train to balance their own personal safety with the rights of the people they are sworn to protect and serve.  

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Stocks Storm Back In The Green After Regulators Ease Volcker Rule Ahead Of Stress Test Results

Stocks Storm Back In The Green After Regulators Ease Volcker Rule Ahead Of Stress Test Results

Tyler Durden

Thu, 06/25/2020 – 10:20

With stocks sinking this morning, they got another helping hand from authorities at 10am when Bloomberg reported that the Office of the Comptroller of the Currency and the FDIC are have approved changes to the Volcker Rule, further easing its provisions, and allowing banks to increase their dealings with certain funds by providing more clarity on what’s allowed. The OCC also scrapped a requirement that lenders hold margin when trading derivatives with their affiliates, according to Bloomberg.

As Bloomberg notes, the revisions will complete what watchdogs appointed by President Donald Trump have referred to as Volcker 2.0 – a softening of one of the most controversial regulations included in the 2010 Dodd-Frank Act.

The Fed is expected to sign off on the proposals later today, perhaps when it announces the results from the latest stress test which may show that banks are limited in how many dividends they can dole out, but most likely won’t do anything to limit distributions to shareholders: after all the Fed has to make the rich even richer.

Separately, a reversal of the interaffiliate margin requirement for swaps trades could free up an estimated $40 billion for Wall Street banks, though regulators added a new speed bump that limits the scale of margin that can be forgiven.

While stocks promptly rewarded this indirect capital boost, some asked if this wasn’t actually a bearish signal for latent banking system problems..

… on the other hand, with the report hitting just hours before today’s stress test results, most market participants saw this as an all clear signal from the Fed and promptly sent financials surging…

… and the overall market back in the green.

via ZeroHedge News https://ift.tt/31hVaFQ Tyler Durden

Rabobank: Suddenly The Virus Matters Again

Rabobank: Suddenly The Virus Matters Again

Tyler Durden

Thu, 06/25/2020 – 10:15

Submitted by Michael Every of Rabobank

Suddenly the virus matters again. Or so it would seem, with stock markets discovering that, yes, they too can go down – as US infection numbers continue to go up and up. True, so far the mortality rates are remaining far lower in places like Texas than they were in New York – but reports underline that if you catch Covid-19 and recover it can still mean long-lasting or perhaps permanent lung or neurological damage: this is still NOT a ‘flu. The Fed’s Evans concurs that opening up too fast can worsen new spikes in infections. Indeed, while there is an obvious imperative to try to get back to normal, if the virus itself becomes normal within the population then there will never be a return to previous economic normalcy. We are all still hanging our hopes on a vaccine, which is where we have been since day one.

Let’s see how the UK fares as it is about to bravely re-open on 4 July with a 1-metre rule. That’s odd symbolism given it is a Sunday, so 3 July would have been more logical – but then when has logic played much of a role in anything on the UK Covid front so far? Indeed, the much-heralded 1-metre rule also doesn’t mean much: Bloomberg quotes a restaurant owner today saying they will still struggle to make any money with that kind of gap between seats as covers will fall from 30 to 18, or 25 at best if they invest in new tables. This has been blindingly obvious to some of us for some time. Of course, with a mini-heatwave yesterday seeing British beaches packed like sardines with young revellers ignoring social-distancing rules, why are we worrying about 1 metre at all? One wonders what the virus infection numbers will look like a week or two from now.

In the US, New York, New Jersey, and Connecticut are telling visitors from states with high infection rates to self-quarantine for 14 days if they come to visit – which means no business travel is possible. And for a real US bellwether, Disneyland is delaying its scheduled 17 July re-opening with no new date clear so far. A case of “Catch and Mouse”.

In Europe things do not seem set for a normal sunny summer, meaning that the slew of businesses which rely on those summer Euros are likely to be without any cash buffer for a long, lean winter; indeed, France’s Macron is now outlining a plan for the state to cover much of the cost of a furloughed worker for as long as two years, if needed.

The IMF underline that with escalating global infections, signs that opening up is then followed by repeated partial lock-downs, and voluntary ones from consumers, the growth outlook is even worse than it was a few months ago – not better. Global growth is seen a staggering -4.9% y/y in 2020, down from -3% expected back in April when the virus was at its peak in Europe and the UK. Growth is also now only seen bouncing 5.4% in 2021, down from 5.8% – which means basically little increase in output over the two-year period. Moreover, the likelihood is that from 2022 onwards we then see retain a very weak growth backdrop due to a legacy of higher unemployment, debt, and what may be permanent structural changes to the economy.

That rare risk-off backdrop sees the USD more on the front foot and bond yields lower to match stocks. Will it last? I am sure a central banker somewhere will say something reassuring that will see markets continue on in their own sweet path as we all slide into Japanification and de facto central planning without a plan. Yet some people do have a plan – and it is not one markets will like much:

  • The US will impose USD3.1bn of tariffs on EU exports, including yoghurt, cheese (oh, the humanity!), olives, and aircraft: we can naturally expect an EU response in kind.
  • India plans to impose “stringent quality control measures” (i.e., non-tariff barriers) and higher tariffs on Chinese exports of chemicals, steel, consumer electronics, heavy machinery, furniture, paper, industrial machinery, rubber articles, glass, metal, pharma, and fertilizers. They forgot the kitchen sink – unless that is included and I missed it. India is for the moment heavily reliant on said imports – but with the right incentives it can be cost-effective to produce at home, or buy from others. Chinese shipments are already being held up for extra inspection, says Reuters.
  • The Pentagon has just produced a list of 20 Chinese firms that it says work with the Chinese military and hence need to be subject to restrictions – including Huawei. The pushback on that tech front is seeing significant successes: Singapore has just opted not to use Huawei for its 5G network, following key Western economies – and now India too.

Perhaps the only positive for markets in terms of geopolitics is that the White House has asked a China hawk to delay legislation with strong bipartisan backing in Congress, which would impose mandatory sanctions on individuals, firms, and *banks* on China over its treatment of Hong Kong. The administration wants to make “technical” corrections to the bill before it passes. Does this mean the US is blinking and won’t use the USD ‘nuclear option’? Possibly. At the same time, if the bill passes the US has NO option other than that nuke. This is still a key development to monitor – and within days said Hong Kong national security legislation will be passed in Beijing. It’s all going to remain very cat and mouse.

via ZeroHedge News https://ift.tt/2BFR6UK Tyler Durden

Wirecard CDS Longs: A Lesson In Crushing It

Wirecard CDS Longs: A Lesson In Crushing It

Tyler Durden

Thu, 06/25/2020 – 10:00

Last week, when we said that a WireCard bankruptcy was imminent after the full extent of its corporate fraud – and missing billions – was finally revealed, we observed that while stock shorts were finally taking a well-deserved and long-overdue victory lap with the stock now worthless after the company indeed filed for insolvency today…

… that the real winners here were not the stock shorts, who by definition are capped to a maximum upside of 100%, but the CDS longs (synthetic bond longs), whose only limitation was the initially available margin capital (the theta, or coupon, is tiny by comparison). As a reminder, last Friday the CDS was trading at 73 points up, virtually assuring that a default was imminent.

Fast forward to today when as shown in the chart below, WDI CDS has jumped another 10 points higher, and has now exploded from 15 points upfront just three weeks ago, to over 80, which makes sense with Wirecard bonds now trading at 17 cents on the dollar.

What happens next, besides the incarceration of several Wirecard execs as the company – until recently the most popular one among Europe’s retail traders – slides in bankruptcy?

Well, last week we wondered if we about to witness the second coming of CDS, whose very use by its reflexive definition, forces markets to reasses the fair value of credits… and will the ECB (or Fed) be forced to go company by company and bail them out by purchasing their bonds out of bankruptcy?

Alternatively, perhaps it is time for Robinhood to allow its Gen Z trading army to sell CDS now too, just so they can lever up even more on their insane stock bets, leading to a tidal wave of suicides the moment the market suffers even as modest correction.

via ZeroHedge News https://ift.tt/37XtkQq Tyler Durden

Chuck E. Cheese Parent Files For Chapter 11 Bankruptcy 

Chuck E. Cheese Parent Files For Chapter 11 Bankruptcy 

Tyler Durden

Thu, 06/25/2020 – 09:50

CEC Entertainment Inc., the parent of Chuck E. Cheese and Peter Piper Pizza, filed for Chapter 11 bankruptcy on Thursday morning, making it the latest casualty of the virus pandemic that has crushed the restaurant industry

CEC, owned by private-equity firm Apollo Global Management Inc., said the public health crisis and virus-related lockdowns have been the “most challenging” in its history, as it grapples with the severe financial strain of continued store closures. 

The company listed both assets and liabilities in the range of $1 billion to $10 billion, according to court filings in the U.S. Bankruptcy Court for the Southern District of Texas. The strategic purpose of the bankruptcy is to “achieve a comprehensive balance sheet restructuring that supports its reopening and longer-term strategic plans.”

CEC said the U.S. and international franchise partners are excluded from restructuring. As of this week, 266 Chuck E. Cheese and Peter Piper Pizza restaurants have reopened – CEC operates more than 700 facilities, suggesting operating capacity is about 38%.

Readers may recall, bankruptcy fillings soared last week to 11-year highs matching the peak of the global financial crisis. The filings, led by weak consumer and energy sectors, were the most for any week since May 2009.

A period of high unemployment will be sticking around for the next several years – there’s a striking correlation between the unemployment rate and loan delinquencies – as we noted a month ago – will result in a “biblical” wave of bankruptcies.

The bad news this week is the emergence of the virus in California, Florida, and Texas. New quarantine orders were established in New York, New Jersey, and Connecticut on Wednesday for travelers from out of state. This all suggests lockdowns in certain states could be ahead – despite the Trump administration warning the economy cannot afford another round of lockdowns. 

If the economic recovery is drailed by a second coronavirus wave – expect a flood of bankruptcies from virus sensitive industries such as restaurants – which essentially means there’s no V-shaped recovery. 

via ZeroHedge News https://ift.tt/2CAQznz Tyler Durden

BET Founder Says “Black People Laugh At White People” Toppling Statues

BET Founder Says “Black People Laugh At White People” Toppling Statues

Tyler Durden

Thu, 06/25/2020 – 09:35

Authored by Alex Nitzberg via JustTheNews.com,

BET founder Robert Johnson during a Wednesday interview with Fox News described people toppling statues as “borderline anarchists” and pushed back against the idea that black people support such behavior, suggesting instead that they “laugh” at those who knock down the statues.

“You know black people, in my opinion, black people laugh at white people who do this, the same way we laugh at white people who say we got to take off the TV shows,” he said mentioning the “Dukes of Hazard,” a decades-old television program that has come under fire for featuring a car emblazoned with a Confederate flag graphic.

He pointed out that knocking over a statue will not “close the wealth gap,” “give a kid whose parent’s can’t afford a college money to go to college,” “close the labor gap between what white workers are paid and what black workers are paid” or “take people off welfare or food stamps.”

Johnson said that whites who seek to “assuage guilt by doing things that make them feel good” would be much more reluctant to support payments for blacks.

Referring to actions such as “changing names, toppling statues, [and] firing professors because they said all lives matter,” Johnson explained that “it just shows to me that white America is continually … incapable of recognizing that black people have their own ideas and thought about what’s in their best interests.”

He suggested that black people should be consulted before people take actions like tearing down statues or firing someone for a comment they have made.

“Give us the belief that you respect our opinion. You go out and do something and destroy something, fire somebody because you think it hurts us. Why don’t you ask us first if it hurts us before you go and say ‘Oh, I gotta do something for the negroes to make them feel better.’ Well ask us if we want you to do that to make us feel better,” he said.

Johnson likened white people’s actions attempting to make black people “feel good” to “rearranging the deck chairs on a racial Titanic. It absolutely means nothing,” he said.

Johnson’s comments come as debates rage across the country in the aftermath of the death of George Floyd—in some cases protestors have defaced and toppled statues. President Trump has come out against changing the names of military installations named after Confederate leaders.

via ZeroHedge News https://ift.tt/2Nw82jg Tyler Durden

Devin Nunes Can Sue Cow Account, but not Twitter, Says Judge

Screen Shot 2020-06-25 at 8.44.31 AM

A judge has dismissed California Republican Rep. Devin Nunes’ claims against Twitter, in which the former House Intelligence Chairman sought to hold the social media site responsible for allegedly defamatory tweets about him from political strategist Liz Mair and parody accounts @DevinNunesMom and @DevinCow. Nunes “seeks to have the court treat Twitter as the publisher or speaker of the content provided by others based on its allowing or not allowing certain content to be on its internet platform,” wrote Judge John Marshall of Henrico County, Virginia, in his decision. “The court refuses to do so.”

The lawsuit may, however, proceed against Mair, @DevinCow, and @DevinNunesMom. In other words, it may proceed against the entities whom Nunes accuses of doing the supposed defaming, not the digital forum that merely served as a conduit for said speech.

Judge Marshall rejected Nunes’ argument that Section 230—the federal law shielding internet companies from some legal liability for things created by their users or customers—did not apply in this case because of Twitter’s supposed bias against conservatives. That’s because (contrary to current conservative talking points) there’s actually no neutrality requirement in Section 230.

Following his loss in court, Nunes is apparently attempting to lead conservatives off Twitter to a new social media site called Parler, which bills itself as “an unbiased social media focused on real user experiences and engagement” that will not share user data.

And cheers to that—some more social media decentralization right now would certainly be a good thing.

But Parler goes on to make the hilariously nonsensical claim that on Parler, “content is moderated based off the FCC and the Supreme court of the United States which enables free expression without violence and a lack of censorship.” Huh?

It’s the First Amendment that codifies American protection from government censorship; courts merely uphold that right. None of that has anything to do with the content moderation decisions made by private companies. Nor does the Federal Communication Commission have any say over such decisions either. It seems Parler may be as confused about free speech and social media as poor Nunes…

Meanwhile, in other silly lawsuits against the internet:


FREE MINDS

Time to cancel Voice of America and other U.S. propaganda outlets. President Donald Trump recently ousted the heads of government-run news agencies Voice of America, Radio Free Europe/Radio Liberty, the Office of Cuba Broadcasting, and the Middle East Broadcasting Networks—all of which fall under the umbrella of the U.S. Agency for Global Media (USAGM)—and confirmed Michael Pack as the new chief executive. “If the idea of Trump and [new Voice of America head Michael] Pack, a documentary filmmaker and comrade of Steve Bannon, running the U.S. government’s news and propaganda operations alarms you,” writes Politico senior media writer Jack Shafer, maybe it’s time to consider canceling the whole operation.

“As disturbing as the Trump-Bannon-Pack disruption is, it allows us to reassess the U.S. government propaganda machine that has been running non-stop for almost eight decades.” Shafer adds that

If we can agree that we don’t want Donald Trump and Steve Bannon dictating what’s news to a world audience of 350 million, perhaps we can also reconsider the wisdom of maintaining such a world-spanning information infrastructure in the first place. Maybe the lesson of the Trump “coup d’état” should be to abolish VOA and its sisters and salt the earth that nurtured them into existence to prevent Trump and the U.S. government from engaging in the propaganda business.


FREE MARKETS

Not today, class warfare. “The longer arc of the current revolutionary moment may actually end up vindicating the socialist critique of post-1970s liberalism—that it’s obsessed with cultural power at the expense of economic transformation, and that it puts the language of radicalism in the service of elitism,” suggests Ross Douthat in a new column about Bernie Sanders and the politics of class warfare and racial justice.

The demand for police reform at the heart of the current protests doesn’t fit this caricature. But much of the action around it, the anti-racist reckoning unfolding in colleges, media organizations, corporations and public statuary, may seem more unifying than the Sanders revolution precisely because it isn’t as threatening to power.

The fact that corporations are “outdistancing” even politicians, as Crenshaw puts it, in paying fealty to anti-racism is perhaps the tell. It’s not that corporate America is suddenly deeply committed to racial equality; even for woke capital, the capitalism comes first. Rather, it’s that anti-racism as a cultural curriculum, a rhetoric of re-education, is relatively easy to fold into the mechanisms of managerialism, under the tutelage of the human resources department. The idea that you need to retrain your employees so that they can work together without microaggressing isn’t Marxism, cultural or otherwise; it’s just a novel form of Fordism, with white-fragility gurus in place of efficiency experts.


QUICK HITS

• Police reform in the Senate is falling apart.

• A little good news:

• A little more: Boston voted to ban city officials using facial recognition technology. “The law makes it illegal for city officials to ‘obtain, retain, possess, access, or use’ facial recognition technology. It’s also now illegal for the city government to enter into contracts that permit the use of facial recognition technology,” reports Buzzfeed.

• “A coalition of AI researchers, data scientists, and sociologists has called on the academic world to stop publishing studies that claim to predict an individual’s criminality using algorithms trained on data like facial scans and criminal statistics,” notes The Verge.

• Here’s the tale of one man wrongfully jailed based on faulty facial recognition technology.

• A reminder that the U.S. government continues to go after Julian Assange…

• .. and after encrypted communication:

Read more on that bill—the “Lawful Access to Encrypted Data Act”—from Reason‘s Scott Shackford.

• The Democratic National Committee’s August nominating convention will be held almost entirely virtually.

• A good thread from David French about right-leaning figures fighting for more government regulation of social media:

Coronavirus update: “Nationwide, cases are up 30% compared to the beginning of this month, and dramatically worsening outbreaks in several states are beginning to strain hospital capacity—the same concern that prompted the nationwide lockdown in the first place.”

• More on what recent Black Lives Matter protests are actually teaching us about COVID-19.

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Devin Nunes Can Sue Cow Account, but not Twitter, Says Judge

Screen Shot 2020-06-25 at 8.44.31 AM

A judge has dismissed California Republican Rep. Devin Nunes’ claims against Twitter, in which the former House Intelligence Chairman sought to hold the social media site responsible for allegedly defamatory tweets about him from political strategist Liz Mair and parody accounts @DevinNunesMom and @DevinCow. Nunes “seeks to have the court treat Twitter as the publisher or speaker of the content provided by others based on its allowing or not allowing certain content to be on its internet platform,” wrote Judge John Marshall of Henrico County, Virginia, in his decision. “The court refuses to do so.”

The lawsuit may, however, proceed against Mair, @DevinCow, and @DevinNunesMom. In other words, it may proceed against the entities whom Nunes accuses of doing the supposed defaming, not the digital forum that merely served as a conduit for said speech.

Judge Marshall rejected Nunes’ argument that Section 230—the federal law shielding internet companies from some legal liability for things created by their users or customers—did not apply in this case because of Twitter’s supposed bias against conservatives. That’s because (contrary to current conservative talking points) there’s actually no neutrality requirement in Section 230.

Following his loss in court, Nunes is apparently attempting to lead conservatives off Twitter to a new social media site called Parler, which bills itself as “an unbiased social media focused on real user experiences and engagement” that will not share user data.

And cheers to that—some more social media decentralization right now would certainly be a good thing.

But Parler goes on to make the hilariously nonsensical claim that on Parler, “content is moderated based off the FCC and the Supreme court of the United States which enables free expression without violence and a lack of censorship.” Huh?

It’s the First Amendment that codifies American protection from government censorship; courts merely uphold that right. None of that has anything to do with the content moderation decisions made by private companies. Nor does the Federal Communication Commission have any say over such decisions either. It seems Parler may be as confused about free speech and social media as poor Nunes…

Meanwhile, in other silly lawsuits against the internet:


FREE MINDS

Time to cancel Voice of America and other U.S. propaganda outlets. President Donald Trump recently ousted the heads of government-run news agencies Voice of America, Radio Free Europe/Radio Liberty, the Office of Cuba Broadcasting, and the Middle East Broadcasting Networks—all of which fall under the umbrella of the U.S. Agency for Global Media (USAGM)—and confirmed Michael Pack as the new chief executive. “If the idea of Trump and [new Voice of America head Michael] Pack, a documentary filmmaker and comrade of Steve Bannon, running the U.S. government’s news and propaganda operations alarms you,” writes Politico senior media writer Jack Shafer, maybe it’s time to consider canceling the whole operation.

“As disturbing as the Trump-Bannon-Pack disruption is, it allows us to reassess the U.S. government propaganda machine that has been running non-stop for almost eight decades.” Shafer adds that

If we can agree that we don’t want Donald Trump and Steve Bannon dictating what’s news to a world audience of 350 million, perhaps we can also reconsider the wisdom of maintaining such a world-spanning information infrastructure in the first place. Maybe the lesson of the Trump “coup d’état” should be to abolish VOA and its sisters and salt the earth that nurtured them into existence to prevent Trump and the U.S. government from engaging in the propaganda business.


FREE MARKETS

Not today, class warfare. “The longer arc of the current revolutionary moment may actually end up vindicating the socialist critique of post-1970s liberalism—that it’s obsessed with cultural power at the expense of economic transformation, and that it puts the language of radicalism in the service of elitism,” suggests Ross Douthat in a new column about Bernie Sanders and the politics of class warfare and racial justice.

The demand for police reform at the heart of the current protests doesn’t fit this caricature. But much of the action around it, the anti-racist reckoning unfolding in colleges, media organizations, corporations and public statuary, may seem more unifying than the Sanders revolution precisely because it isn’t as threatening to power.

The fact that corporations are “outdistancing” even politicians, as Crenshaw puts it, in paying fealty to anti-racism is perhaps the tell. It’s not that corporate America is suddenly deeply committed to racial equality; even for woke capital, the capitalism comes first. Rather, it’s that anti-racism as a cultural curriculum, a rhetoric of re-education, is relatively easy to fold into the mechanisms of managerialism, under the tutelage of the human resources department. The idea that you need to retrain your employees so that they can work together without microaggressing isn’t Marxism, cultural or otherwise; it’s just a novel form of Fordism, with white-fragility gurus in place of efficiency experts.


QUICK HITS

• Police reform in the Senate is falling apart.

• A little good news:

• A little more: Boston voted to ban city officials using facial recognition technology. “The law makes it illegal for city officials to ‘obtain, retain, possess, access, or use’ facial recognition technology. It’s also now illegal for the city government to enter into contracts that permit the use of facial recognition technology,” reports Buzzfeed.

• “A coalition of AI researchers, data scientists, and sociologists has called on the academic world to stop publishing studies that claim to predict an individual’s criminality using algorithms trained on data like facial scans and criminal statistics,” notes The Verge.

• Here’s the tale of one man wrongfully jailed based on faulty facial recognition technology.

• A reminder that the U.S. government continues to go after Julian Assange…

• .. and after encrypted communication:

Read more on that bill—the “Lawful Access to Encrypted Data Act”—from Reason‘s Scott Shackford.

• The Democratic National Committee’s August nominating convention will be held almost entirely virtually.

• A good thread from David French about right-leaning figures fighting for more government regulation of social media:

Coronavirus update: “Nationwide, cases are up 30% compared to the beginning of this month, and dramatically worsening outbreaks in several states are beginning to strain hospital capacity—the same concern that prompted the nationwide lockdown in the first place.”

• More on what recent Black Lives Matter protests are actually teaching us about COVID-19.

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NatGas Nears 25-Year Low As Summer Heat Fails To Materialize And Oversupplied Conditions Persist 

NatGas Nears 25-Year Low As Summer Heat Fails To Materialize And Oversupplied Conditions Persist 

Tyler Durden

Thu, 06/25/2020 – 09:20

NatGas prices near a 25-year low on Thursday morning as the summer heat has yet to materialize, and oversupplied conditions persist. 

August NatGas futures slid 2% to 1.612 MMBtu on Thursday morning, weighed down by the lack of heat-driven demand and continued LNG weakness. 

The summer heat has taken hold across most of the Lower 48, leading to stronger power burns. But futures markets have looked for indications of extreme temperatures to drive lofty cooling demand and offset the shocks of the coronavirus pandemic and the global recession it induced.

Weather models have, so far this week, instead produced modestly cooler outlooks than what forecasters had projected over last weekend, leaving markets to focus on simmering LNG challenges and the effects of overall demand destruction inflicted by the pandemic despite governments lifting restrictions on businesses and consumers.

“After cooler trends the past few days for early next week, the data was back a little hotter, but still with several weather systems preventing impressive or widespread heat,” NatGasWeather said in a Wednesday afternoon forecast. Data also “trended cooler for the Fourth of July weekend” with weather systems over the eastern U.S. set to prevent upper high pressure “from getting quite as strong as previous runs.” – Reuters Commodity Desk 

US Lower 48 – 45-day cooling degree day 

A NatGas analysis of Bloomberg data showed gas production increased over 87 Bcf/d this week amid reports of production returning as oil drilling resumed. The data also showed the U.S. crude production hit 10.5 million b/d on June 12, has since rebounded to 11.0 million b/d on June 19. The all-time-high in production was reached on March 13 at 13.1 million b/d. The virus-related downturn in the economy has led to a collapse in energy product demand, resulting in a historic drop in oil rigs shuttering operations.

As for LNG exports, here’s what Reuters said: 

At the same time, LNG export levels hover near 4.0 Bcf/d, up from recent lows but still soft, as demand from formerly reliable destinations in Europe and Asia remains anemic due to slow economic recoveries and modest industrial energy needs. The threat of a virus resurgence also weighs on demand. In the United States, the rate of increases in Covid-19 cases has accelerated in June amid the reopening of local economies, with several states, including Texas and Arizona, reporting daily record highs this month, according to Johns Hopkins University data.

“While further progress on treatments and vaccines for Covid-19 could lead to added confidence on lifting of lockdowns … these are unpredictable times,” shipbroker Fearnleys AS said. As such, LNG sentiment remains “flat.”

Expectations for today’s U.S. Energy Information Administration (EIA) NatGas report will likely result in continued builds for the week ending June 19. 

The U.S. Energy Information Administration (EIA) on Thursday is set to issue its storage report for the week ended June 19. A Bloomberg poll found injection estimates ranging from 100 Bcf to 114 Bcf, with a median of 108 Bcf. A Wall Street Journal survey produced an average build expectation of 105 Bcf, while a Reuters survey of 17 analysts produced a 90 Bcf to 115 Bcf injection range and a median 106 Bcf injection. NGI estimated a 116 Bcf build. – Reuters 

To offset coronavirus demand loss – extreme heat in the US Lower 48 is needed this summer- if that doesn’t happen – NatGas prices will continue moving lower. 

via ZeroHedge News https://ift.tt/2NtRFns Tyler Durden

Seattle CHOP Leaders Claim “Success”, Urge Protesters To Go Home, Continue “Struggle” Online

Seattle CHOP Leaders Claim “Success”, Urge Protesters To Go Home, Continue “Struggle” Online

Tyler Durden

Thu, 06/25/2020 – 09:00

Authored by Isabel van Brugen via The Epoch Tiomes,

Protesters at Seattle’s “Capitol Hill Organized Protest” (CHOP) zone are being encouraged by community leaders and an activist whose brother was fatally shot by city police in 2016 to leave the “occupied” protest zone.

A Twitter account, which claims to be the “official account” for CHOP, posted a statement on Wednesday addressed to “comrades in the struggle,” encouraging protesters to leave the area that was established earlier this month in the wake of Black American George Floyd’s death in police custody.

“The CHOP project is now concluded,” the message said.

“While we expect a very small handful of holdouts may try to remain in the CHOP, no further organizing will be occurring to support this presence and the number on-site will be too small to be more than an annoyance for pedestrians rather than a zonal blockade.”

It is unclear who runs the Twitter account, however, the statement was signed as from “the Capitol Hill Solidarity Committee.”

“Last night, Solidarity Committee received notice from some of our trusted partners that persons in the park were in danger. We immediately implemented our emergency relocation plan, successfully evacuating most of the park. Thankfully, no danger materialized. However, we are now left with the reality that very few people remain in our beloved CHOP,” the message continued.

It called on protestors occupying the zone to “continue the struggle” through social media platforms such as Twitter, Facebook, Instagram, and Snapchat, adding: “We have held city officials accountable and can continue to do so in a way that is safe for everyone.”

The message then called on supporters to vote for presumptive Democratic presidential nominee Joe Biden, to reelect Washington Gov. Jay Inslee (D), and Seattle Mayor Jenny Durkan (D).

It comes after Durkan announced on Monday that officials were working to dismantle the blocks-long span of city streets that President Donald Trump asserted was run by “anarchists,” after a shooting left one person dead over the weekend. Three other shootings have been reported in the area in recent days.

Durkan said at a news conference that the violence was distracting from changes sought by thousands of peaceful protesters seeking to address racial inequity and police brutality.

“The cumulative impacts of the gatherings and protests and the nighttime atmosphere and violence has led to increasingly difficult circumstances for our businesses and residents,” she said. “The impacts have increased and the safety has decreased.”

Dozens of protestors, however, are reportedly refusing to budge despite increasing calls to do so. They say their demands to slash police budget by 50 percent and distribute funds to community efforts have not been met.

“Our demands aren’t met,” one man who had set up his tent outside the Seattle Police Department’s abandoned East Precinct building told The Seattle Times. “Why would we leave?”

Durkan on Wednesday submitted a “Budget Rebalancing” document (pdf) that seeks to cut $20 million from the city’s police department budget in a bid to address a series of challenges that include “a movement to demand anti-racist action, to divest and rethink policing, and end institutional racism.”

The mayor’s proposal for a $20 million cut amounts to a 5 percent cut, according to The Seattle Times.

The earliest scheduled vote on the rebalancing legislation and amendments is on July 1, according to an official committee meeting schedule.

“Not This Time” founder Andre Taylor, whose brother Che Taylor was shot by Seattle police four years ago, said the violence in the occupied zone distracts from key messages about racial injustice.

“If there was no violence, you should’ve stood there for as [long as] you wanted to stay there, but the violence creates a different narrative where the people in authority have to look at it differently,” he told KING-TV.

“Our community does not support the violence,” he added.

Last year, the local county prosecutor overseeing Taylor’s case said that charges against the police officers who opened fire on Taylor would not be filed after a majority of jurors said they believed the officers thought Taylor posed a “threat of death or serious bodily injury.” Andre argued that he believes the officers internalized their fear in the lead up to the confrontation as they observed Taylor from afar.

The statement from CHOP’s “official” Twitter account said they were told that the zone would be dismantled “no later than early next week.”

“[It] will be preceded by the removal of barriers and the reopening of streets to traffic,” the statement said.

via ZeroHedge News https://ift.tt/2Vg9z1c Tyler Durden