Surging Opioid Overdose Deaths Are Forcing Democrats To Rethink The “War On Drugs”

Surging Opioid Overdose Deaths Are Forcing Democrats To Rethink The “War On Drugs”

The first batch of data from the CDC won’t be available for months, but many expect that the US likely saw a new record in overdose deaths during 2021, after setting a record in 2020 and 2019, with most of the deaths attributed to synthetic opioids like fentanyl that have infected the drug supply throughout the US.

Even drugs like cocaine have been laced with deadly fentanyl, a practice that leads to far more accidental deaths. Almost 2/3rds of the 100K overdose deaths from 2020 involved synthetic opioids, which can be 50x more potent than morphine, if not more.

The surging deaths have alarmed policy makers, who had hoped that cracking down on Big Pharma would help reverse the worst affects of the pandemic. But it seems like it’s already too late; a large market of users who started with Vicoden and oxycodone are still alive, fueling the demand for fentanyl-laced street dope. Meanwhile, the surge in demand for fentanyl has caused street heroin to largely disappear from the US east of the Mississippi.

The fear is that the pandemic caused many addicts in recovery to relapse, raising the risk of overdosing on far more powerful street drugs. Health experts believe many of those who died probably didn’t even know they were consuming fentanyl.

Finally, some state officials in Pennsylvania and other hard-hit starts are finally giving up on treating this like a criminal justice issue, and are starting to treat it like a public health issue. Instead of criminalizing it, they’re accepting that it happens, and hoping to minimize it.

With Democrats in power, the five-decade-old “war on drugs” might be totally transformed. And one of the most contentious issues is the adoption of supervised injection sites like they have in Kensington.

Conservatives and community activists have long opposed these facilities because of the type of people they attract.

Source: FT

But NYC opened its first supervised injection sites in April. And Philadelphia’s Kensington neighborhood, long a haven for drug dealers and drug users, jokingly called the “Wal-Mart of Heroin” because of the open air drug markets that dominate the neighborhood and have for decades.

The Biden administration faces a critical crossroads: the Dems can either embrace the progressive policies and risk taking their political lumps, or they can resist their spread and do nothing.

Dr Rahul Gupta, director of the White House Office of National Drug Control Policy, says he wants to evaluate the science and data behind supervised injection sites, suggesting a change in policy is being considered. “We want to learn and we want to make sure that every possible door we can open up to help people and connect them to treatment is available to us,” he told CNN in December. “If you’re looking to save lives and you’ve reached a historic unprecedented level of deaths, then you cannot avoid looking at any and every option in order to save those lives,” he added.

Source: FT

Overdose deaths hit a record 1,214 in Philadelphia in 2020, a 6% increase on 2019. Fentanyl was involved in 81% of them. The problem with fentanyl is that it’s so physically addicting, it’s a moneymaker for the cartels, who have begun lacing other drugs with it, including cocaine, “Molly” and fake pills pressed to look like Xanax.

Speaking to staff at Prevention Point, the only safe injection site in Kensington, the executive director told the FT that nobody has ever died at a safe injection site. But the site’s staff have played a role in saving the lives of many addicts who overdose nearby.

Jeanmarie Perrone, professor of emergency medicine at the University of Pennsylvania Hospital, said “it’s like drowning”…”Fentanyl depresses the respiratory effort and people stop breathing. They go a few minutes without oxygen, the heart rate slows and they have a cardiac arrest.”

One parent in Baton Rouge, Louisiana, described to the reporter how two of his children have spent their adult lives chasing drugs until one overdosed. The other is still alive, but continues to struggle.

“If I mapped out his life, from the time he was 15 till the day he died, all he was doing was going in and out of rehab…and Molly was just kind of following his same path,” says Randy, a 70-year-old Baton Rouge construction worker, who asked not to use his real name. “I think a lot of places are money hungry, they get them in and out. You felt like they were supposed to be helping them but kicking them out ain’t helping them.”

One policy change that could make users more safe would be to allow drug testing strips and narcan. Believe it or not, these items are still banned by dozens of  states because they are considered drug paraphernalia.

President Biden has so far remained silent on whether he supports more harm control measures. Many are curious, since he authored some tough-on-crime legislation during his stretch in the Senate.

Perhaps the fact that two of his children turned out to have drug issues has changed his mind?

Tyler Durden
Fri, 01/07/2022 – 19:00

via ZeroHedge News https://ift.tt/3JOClxJ Tyler Durden

Libertarian Party of Georgia Loses Ballot Access Lawsuit


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It’s perfectly constitutional for the state of Georgia to treat non-major party candidates far more harshly than Democrats or Republicans when it comes to ballot access, a three-judge panel of the 11th Circuit Court of Appeals decided this week in the defeat of a First and 14th Amendment challenge from the Georgia Libertarian Party (L.P.).

In the case of Cowen v. Raffensperger, the Georgia L.P. was challenging a requirement that 5 percent of registered voters within a district had to sign a petition to get U.S. House candidates on the ballot if their party had not gotten 20 percent of the vote for governor or president in the last election. While that number of signatures will vary based on district, the Georgia L.P. and other ballot access watchers find it tends to float around 20,000-25,000 signatures.

Getting presidential, Senate, and other statewide candidates on the ballot in Georgia is easier. The Georgia L.P. met those criteria by winning the votes of just 1 percent of eligible registered voters in a previous statewide race. The party suit challenged the distinction between its own candidates for statewide vs. non-statewide office on equal protection grounds as well, which the 11th Circuit also found unconvincing since it already decided the distinction—the signature collection—was not a severe burden.

The case had been at the 11th Circuit before, earlier in 2021, and a panel then sent it back to a U.S. District Court which, on that reconsideration, “permanently enjoined the Secretary from enforcing the 5% signature requirement that applied to third-party and independent candidates for non-statewide office. In its place, the district court imposed a 1% requirement as an interim measure, which would persist until the state legislature enacted a permanent replacement.”

A 1971 Supreme Court decision, Jenness v. Fortson, had, however, upheld Georgia’s ballot access laws, but some newer ballot access jurisprudence and facts had arisen since then that might have mandated a different conclusion. As the 11th Circuit decision this week wrote, “some changes to Georgia’s ballot-access laws have occurred in the 50 years since Jenness. And the evidentiary record detailing the practical difficulties of gathering petition signatures may be more robust here than it was in that case. But to satisfactorily distinguish the claims, not just any difference from Jenness will do—the difference must be material enough to transform Georgia’s ballot-access system from one that ‘in no way freezes the status quo’ to one that does…..The Libertarian Party has not identified such a difference.”

Thus, the panel this week, in a decision written by Judge Britt Grant, reversed the District Court’s overturning of the 5 percent requirement and upheld the ballot access law. Though the Court admits the L.P. “offers evidence to show that collecting petition signatures is costly and difficult….the Libertarian Party has not shown that the endeavor is significantly more challenging than it was 50 years ago.” It argues that the petition requirement is important to the state’s interest in avoiding “confusion, deception, and even frustration of the democratic process.”

Richard Winger, America’s leading expert in ballot access laws and editor of Ballot Access News, says the “frustration” aspect arose from a Supreme Court justice in an earlier ballot access case who considered the very prevention of a major party candidate from winning to constitute the sort of “frustration” restrictive ballot access laws are meant to prevent.

Does the 5 percent requirement truly not “freeze…a status quo?” It has existed since 1943 and no party has ever met it in Georgia, although at least 20 attempts have been made; an independent candidate did once in 1964 at a time when, according to Winger, “the signatures weren’t checked.”

Ballot access is a continual problem for the Libertarian Party and other third party and independent candidates. Making any sweeping statement about the requirements for access is impossible given the dizzying array of state requirements for various offices, and that’s part of the point and part of the problem: even understanding, much less complying with and successfully meeting, ballot access demands is a more than full-time job.

Tyler Harris, national director of the L.P, says in a phone interview that over $200,000 this year is likely to have to be expended by the national party alone toward ballot access efforts of various sorts, and in terms of morale and stress as well as cash, it’s a “significant strain.”

As Ryan Graham, chair of the Georgia L.P., says in a phone interview, it makes it especially hard to find competent, engaged candidates to even consider running for House when they know they face a petition requirement that has almost always proven impossible to meet.

The L.P. has three strategies to overcome these policies, as both Harris and Graham explained: one is just digging down and trying to meet them—gathering the signatures, making sure the right name from the right district goes on the right sheet, knocking on doors, lurking outside the Kroger’s, or, in some cases the statutorily required 100 feet or so from actual polling places, to find voters or citizens who meet the various requirements to sign on the dotted line.

You also must make sure they get their addresses and districts right and that they are on record on the voter rolls with the same information they gave the petitioner. It’s tricky stuff, costly in terms of money for pros and morale-drag on volunteers, and can often result in one signature being tossed for various bureaucratic errors for every one that counts.

A second approach is trying to get the laws changed via the legislature. While in Georgia in the past they’ve gotten bipartisan gangs of legislators to propose legislation loosening the requirements, such bills never get out of committee and according to Graham, they’ve been told via back channel it’s unlikely they ever will.

The third option is the one they pursued in Georgia, and have so far failed at: suing. (Such suits don’t always fail, and various ballot access restrictions in Maine were indeed successfully overturned earlier this year via an L.P. lawsuit in Baines v. Bellows.)

As Winger summed up his problems with the Georgia decision this week at Ballot Access News, “If Georgia’s law is constitutional, then a similar law in all states would be constitutional. And if every state had a law like Georgia’s, there would have been an absolute monopoly of Democratic and Republican candidates on the ballot for U.S. House in the entire nation for almost 60 years.”

Winger notes one of the judges on the three-judge panel, William Pryor, has considered many ballot access cases and never voted to strike down any ballot access law. Winger similarly notes that while the Supreme Court will on occasion take on a ballot access case when it’s a state appealing a loss, it has shown no interest in recent decades in hearing a case where someone harmed by ballot access laws is trying to overturn them.

That said, in Anderson v. Celebrezze, from 1983, an earlier Supreme Court cohort overturned an early filing requirement for a presidential candidate in Ohio, declaring that “the primary values protected by the First Amendment are served when election campaigns are not monopolized by the existing political parties,” an attitude the Court ought to rediscover.

Graham, the Georgia L.P.’s chair, says in an email today that while no specific decision about a next step has been authoritatively pinned down between the party and its legal team, “there are multiple options on the table” and “the plan is to keep fighting with this case.”

The post Libertarian Party of Georgia Loses Ballot Access Lawsuit appeared first on Reason.com.

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Supplies Still Limited More Than A Year After Monoclonal Antibodies Authorized For Treating COVID-19

Supplies Still Limited More Than A Year After Monoclonal Antibodies Authorized For Treating COVID-19

Authored by Meiling Lee via The Epoch Times (emphasis ours),

Despite being the only authorized outpatient medical therapy for preventing the worsening of COVID-19 symptoms in high-risk patients, there remains no steady supply of monoclonal antibodies from the federal government a year after its approval for use by medical regulators.

Dr. Aldo Calvo, Medical Director of Family Medicine at Broward Health, shows a Regeneron monoclonal antibody infusion bag during a news conference at the Hospital in Fort Lauderdale, Fla., on Aug. 19, 2021. (Joe Cavaretta/South Florida Sun-Sentinel via AP)

Rolled out in the same month as the COVID-19 vaccines, monoclonal antibody therapies have not gotten the attention that vaccine treatments have after they were billed as the thing to get America out of the pandemic.

Even today, President Joe Biden continues to mostly focus on vaccinating children, providing boosters to every adult, and increase testing as part of his “new actions” to combat the COVID-19 pandemic during the winter.

Dr. Marc Siegel, a practicing internist and a professor of medicine at NYU’s Langone Medical Center, says vaccines alone cannot bring America out of the pandemic. More breakthrough cases are occurring with the Delta and Omicron variants, and hospitalizations are rising this winter.

More than 206 million Americans are fully vaccinated and 72 million people have received a booster dose as of Jan. 5. Individuals are considered fully vaccinated if they received two doses of the messenger RNA vaccines or a single shot of the Johnson & Johnson vaccine.

Siegel said that the Biden administration has not been able to deliver any therapeutics for early treatment of people with mild or moderate COVID-19 because of the administration’s “obsessive focus on the vaccines to the exclusion of all else.”

When it comes to therapeutics, the Biden team’s results are even more anemic,” Siegel wrote in an op-ed in USA Today. “Paxlovid, Pfizer’s new protease inhibitor wonder drug, has been approved but is scarce.”

“Ditto monoclonal antibodies, the synthetic neutralizing antibodies that have been so helpful in patients at high risk of complications or hospitalizations. Omicron is most susceptible to sotrovimab, made by GlaxoSmithKline, but in most states, it is almost impossible to find,” he added.

The Epoch Times has reached out to the Biden administration for comment.

The U.S. Department of Health and Human Services (HHS) has delivered over 197,000 courses of the monoclonal antibody treatments to state and territorial health departments, and to federal entities for the week of Jan. 3. This comes after the agency briefly paused distribution of the treatments on Dec. 23.

Lack of Public Messaging

Nurse Salina Padilla (L) prepares Dr. Prabakar Tummala for Bamlanivimab, monoclonal antibody infusion at Desert Valley Hospital in Victorville, Calif., on Dec. 17, 2020. (Irfan Khan/Los Angeles Times/TNS)

The monoclonal antibody therapies have been shown to be effective in preventing severe disease or hospitalization in high-risk patients with mild to moderate COVID-19. They are different from the convalescent plasma from a recovered COVID-19 patient, in that monoclonal antibodies are “created [in a lab] to specifically target an essential part of the infectious process,” according to physicians from the University of Michigan Health System.

As of Dec. 16, 2021, the National Institutes of Health does not recommend convalescent plasma for treating hospitalized patients without impaired humoral immunity.

The first monoclonal antibody treatments were issued emergency use authorization (EUA) in November 2020, but there seemed to be little interest in utilizing the therapy when the focus was on the campaign to vaccinate every person aged 16 and older by federal and state governments.

The lack of messaging around monoclonal antibody treatments from federal authorities resulted in people being unaware of the short timeframe to receive these effective therapies (within 10 days of experiencing the first symptoms) and some hospitals refusing to use them. This led to low demand for the monoclonal antibodies at a time when it should have been utilized to help alleviate strain on hospitals, as the United States was reporting over 100,000 people hospitalized for or with COVID-19 by the end of December 2020.

A screenshot of the hospitalization rate on Dec. 31, 2020. (Our World in Data/The Epoch Times)

Dr. Peter McCullough, an internist, cardiologist, and epidemiologist, said in an interview with EpochTV’s “American Thought Leaders” program that he was “shocked with the lack of fanfare on the monoclonal antibodies, there was almost no uptake.”

He added, “We heard reports that over 80 percent of the supply was sitting on the shelves. Nursing homes weren’t informed, urgent cares weren’t supplied, hospitals weren’t in supply. There wasn’t any messaging.”

The Epoch Times reached out to the CDC for comment about the lack of messaging around the COVID-19 therapeutics and was told to contact the FDA, who did not reply by press time.

Due to the low uptake, the HHS allowed authorized health care providers to order the therapies directly from the supplier from February 2021 to Sept. 13, 2021. But the emergence of the Delta variant and waning vaccine effectiveness saw increased demand for the therapies, leading the HHS to announce it would revert back to taking control of distribution.

The number of monoclonal antibodies allocated to each state and territory would be based on the case numbers, hospitalizations, and utilizations, a distribution system that is still being used today.

In the Sept. 13 announcement, the HHS claimed that the Delta variant caused a surge in monoclonal antibody therapy uses, “particularly in areas of the country with low vaccination rates,” without further clarification.

Looking at the statistics from the HHS itself and comparing the vaccination rate and monoclonal antibodies distributed to the 12 most populated states did not always show a correlation between a low vaccination rate with more uptake of the therapies.

Screenshot of monoclonal antibody therapy allocations for the 12 most populated states (The Epoch Times)

The emergence of the Omicron variant further added to the confusion on whether certain antibody therapies should continue to be used and if they would still be effective clinically, particularly when the HHS halted the allocation of the therapies two days before Christmas.

HHS issued a notice on Dec. 23 that it would halt distribution of the REGEN-COV and Eli Lilly antibody therapies, based on in-vitro or “test-tube” studies—which have yet to be independently peer-reviewed—which found the antibody treatments may not be as effective against the Omicron variant, leaving GlakoSmithKline’s sotrovimab as the only available treatment.

The Epoch Times has reached out to both the drug manufacturers for comment. Eli Lily didn’t respond and Regeneron directed us to their Dec. 16 press release (pdf), which states, “While Regeneron’s currently authorized REGEN-COV antibodies have diminished potency against Omicron, they are active against Delta, which currently is the most prevalent variant in the U.S.”

The company said it is awaiting approval for a clinical trial of its “next generation” monoclonal antibodies that would be active against the Omicron variant and all variants of concerns.

Efficacy With Omicron?

Florida’s State Surgeon General Dr. Joseph A. Lapado says that the findings of one study conducted in a lab don’t necessarily conclude the same outcome in humans.

So the laboratory evidence was indicating the affinity of the antibodies, such as the Regeneron antibodies for the Omicron variant were diminished … but that’s not the same thing as concluding that the Regeneron monoclonal antibodies will not work in a patient with Omicron,” Lapado said at a press conference on Jan. 3.

He added, “So, there’s a difference between laboratory data and clinical data. And they made the decision to withhold medication based on laboratory data, but we care about clinical outcomes. The decisions should be based, obviously, on clinical data, which is why they’ve reversed [the pause].”

HHS then lifted the pause eight days later on Dec. 31, allowing all states and territories to continue ordering the treatments, citing that “the prevalence of COVID-19 variants remain dynamic.” The decision was also “in light of recent National Institutes of Health (NIH) clinical guidelines published on Dec. 30, 2021, and the significant variability in the prevalence of the Omicron Variant of Concern (VOC),” it added.

The NIH is recommending a three-day course of intravenous remdesivir as a treatment option for nonhospitalized patients with mild to moderate COVID-19 who are at high risk of severe illness when Omicron is more than 80 percent prevalent in a region.

The recommendation was based on the PINETREE trial, which found an 87 percent relative reduction in the risk of hospitalizations and deaths compared to the placebo group. However, there was not a significant difference in the safety profile of both groups as “adverse events occurred in 42.3 [percent] of the patients in the remdesivir group and in 46.3 [percent] of those in the placebo group.”

Remdesivir is approved by the FDA for patients requiring hospitalization. Experts recommend physicians perform “close kidney monitoring when prescribing remdesivir” and be aware that the drug may cause kidney disorders. In addition, the NIH says that every patient should be given a liver function test and a prothrombin time test (to measure the length of time it takes blood to clot) prior to receiving remdesivir.

Tyler Durden
Fri, 01/07/2022 – 18:40

via ZeroHedge News https://ift.tt/3HKoZRf Tyler Durden

Top Iran Commander Vows To Strike “From Within US” To Avenge Soleimani Death

Top Iran Commander Vows To Strike “From Within US” To Avenge Soleimani Death

During a speech on the occasion of Friday prayers in the Iranian city of Mashhad which commemorated this week’s second anniversary of the US killing of IRGC General Qassem Soleimani, the top commander of the Islamic Revolutionary Guard Corps’ elite Quds Force (who was Soleimani’s replacement) vowed to take vengeance “from within the US”.

Iranian state and other foreign regional media featured Brigadier General Esmaeil Qaani’s ultra-provocative words, translating them as follows: “We will prepare ground for the hard revenge against the US from within their homes, as we do not need to be present as supervisors everywhere.”

IRGC Quds Chief Esmaeil Qaani: Tasnim via AP

He added that “wherever is necessary we take revenge against Americans by the help of people on their side and within their own homes without our presence,” Commander Qaani said.

The fiery speech is being widely interpreted as a threat to strike directly at the American homeland via proxies or terror cells. It’s perhaps the most high-level direct threat of attack on US soil since the height of the Osama bin Laden days during the early years of the so-called ‘war on terror’. 

Further, at a moment that US bases in both Iraq and northeast Syria are coming under increased drone and rocket attack, something particularly intense this week from what the Pentagon has dubbed “Iran-backed militias”, the Quds force chief told the Iranian crowds gathered for the speech that operations to “uproot” the Americans had already begun…

“This revenge has begun. Americans will be uprooted from the region,” the IRGC Quds Force Commander said.

However, amid the series of direct threats aimed at Washington, he held out that the only possibility for the US to avoid suffering vengeance is to “deal with the criminals” on its own. He stressed that otherwise the “children of the Resistance Front” will strike.

Early this week, on Jan.3rd – which marked two years since Soleimani’s death on Baghdad airport road – Tehran urged Washington to arrest Donald Trump and Mike Pompeo for the assassination. “If Trump and (former secretary of state Mike) Pompeo are not tried in a fair court for the criminal act of assassinating General Soleimani, Muslims will take our martyr’s revenge,” Iran’s President Ibrahim Raisi said in a televised speech Monday, according to Reuters

IRGC’s Qassem Soleimani, killed in a Jan.3, 2020 drone strike.

Of course, no US leader in history has ever been put on trial for any alleged “war crimes” abroad, and Raisi without doubt knows this. But the demand came just after the Islamic Republic submitted a formal letter to the United Nations requesting that it hold both the US and Israel accountable for the 2020 killing.

Tyler Durden
Fri, 01/07/2022 – 18:20

via ZeroHedge News https://ift.tt/3zPE3uh Tyler Durden

Libertarian Party of Georgia Loses Ballot Access Lawsuit


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It’s perfectly constitutional for the state of Georgia to treat non-major party candidates far more harshly than Democrats or Republicans when it comes to ballot access, a three-judge panel of the 11th Circuit Court of Appeals decided this week in the defeat of a First and 14th Amendment challenge from the Georgia Libertarian Party (L.P.).

In the case of Cowen v. Raffensperger, the Georgia L.P. was challenging a requirement that 5 percent of registered voters within a district had to sign a petition to get U.S. House candidates on the ballot if their party had not gotten 20 percent of the vote for governor or president in the last election. While that number of signatures will vary based on district, the Georgia L.P. and other ballot access watchers find it tends to float around 20,000-25,000 signatures.

Getting presidential, Senate, and other statewide candidates on the ballot in Georgia is easier. The Georgia L.P. met those criteria by winning the votes of just 1 percent of eligible registered voters in a previous statewide race. The party suit challenged the distinction between its own candidates for statewide vs. non-statewide office on equal protection grounds as well, which the 11th Circuit also found unconvincing since it already decided the distinction—the signature collection—was not a severe burden.

The case had been at the 11th Circuit before, earlier in 2021, and a panel then sent it back to a U.S. District Court which, on that reconsideration, “permanently enjoined the Secretary from enforcing the 5% signature requirement that applied to third-party and independent candidates for non-statewide office. In its place, the district court imposed a 1% requirement as an interim measure, which would persist until the state legislature enacted a permanent replacement.”

A 1971 Supreme Court decision, Jenness v. Fortson, had, however, upheld Georgia’s ballot access laws, but some newer ballot access jurisprudence and facts had arisen since then that might have mandated a different conclusion. As the 11th Circuit decision this week wrote, “some changes to Georgia’s ballot-access laws have occurred in the 50 years since Jenness. And the evidentiary record detailing the practical difficulties of gathering petition signatures may be more robust here than it was in that case. But to satisfactorily distinguish the claims, not just any difference from Jenness will do—the difference must be material enough to transform Georgia’s ballot-access system from one that ‘in no way freezes the status quo’ to one that does…..The Libertarian Party has not identified such a difference.”

Thus, the panel this week, in a decision written by Judge Britt Grant, reversed the District Court’s overturning of the 5 percent requirement and upheld the ballot access law. Though the Court admits the L.P. “offers evidence to show that collecting petition signatures is costly and difficult….the Libertarian Party has not shown that the endeavor is significantly more challenging than it was 50 years ago.” It argues that the petition requirement is important to the state’s interest in avoiding “confusion, deception, and even frustration of the democratic process.”

Richard Winger, America’s leading expert in ballot access laws and editor of Ballot Access News, says the “frustration” aspect arose from a Supreme Court justice in an earlier ballot access case who considered the very prevention of a major party candidate from winning to constitute the sort of “frustration” restrictive ballot access laws are meant to prevent.

Does the 5 percent requirement truly not “freeze…a status quo?” It has existed since 1943 and no party has ever met it in Georgia, although at least 20 attempts have been made; an independent candidate did once in 1964 at a time when, according to Winger, “the signatures weren’t checked.”

Ballot access is a continual problem for the Libertarian Party and other third party and independent candidates. Making any sweeping statement about the requirements for access is impossible given the dizzying array of state requirements for various offices, and that’s part of the point and part of the problem: even understanding, much less complying with and successfully meeting, ballot access demands is a more than full-time job.

Tyler Harris, national director of the L.P, says in a phone interview that over $200,000 this year is likely to have to be expended by the national party alone toward ballot access efforts of various sorts, and in terms of morale and stress as well as cash, it’s a “significant strain.”

As Ryan Graham, chair of the Georgia L.P., says in a phone interview, it makes it especially hard to find competent, engaged candidates to even consider running for House when they know they face a petition requirement that has almost always proven impossible to meet.

The L.P. has three strategies to overcome these policies, as both Harris and Graham explained: one is just digging down and trying to meet them—gathering the signatures, making sure the right name from the right district goes on the right sheet, knocking on doors, lurking outside the Kroger’s, or, in some cases the statutorily required 100 feet or so from actual polling places, to find voters or citizens who meet the various requirements to sign on the dotted line.

You also must make sure they get their addresses and districts right and that they are on record on the voter rolls with the same information they gave the petitioner. It’s tricky stuff, costly in terms of money for pros and morale-drag on volunteers, and can often result in one signature being tossed for various bureaucratic errors for every one that counts.

A second approach is trying to get the laws changed via the legislature. While in Georgia in the past they’ve gotten bipartisan gangs of legislators to propose legislation loosening the requirements, such bills never get out of committee and according to Graham, they’ve been told via back channel it’s unlikely they ever will.

The third option is the one they pursued in Georgia, and have so far failed at: suing. (Such suits don’t always fail, and various ballot access restrictions in Maine were indeed successfully overturned earlier this year via an L.P. lawsuit in Baines v. Bellows.)

As Winger summed up his problems with the Georgia decision this week at Ballot Access News, “If Georgia’s law is constitutional, then a similar law in all states would be constitutional. And if every state had a law like Georgia’s, there would have been an absolute monopoly of Democratic and Republican candidates on the ballot for U.S. House in the entire nation for almost 60 years.”

Winger notes one of the judges on the three-judge panel, William Pryor, has considered many ballot access cases and never voted to strike down any ballot access law. Winger similarly notes that while the Supreme Court will on occasion take on a ballot access case when it’s a state appealing a loss, it has shown no interest in recent decades in hearing a case where someone harmed by ballot access laws is trying to overturn them.

That said, in Anderson v. Celebrezze, from 1983, an earlier Supreme Court cohort overturned an early filing requirement for a presidential candidate in Ohio, declaring that “the primary values protected by the First Amendment are served when election campaigns are not monopolized by the existing political parties,” an attitude the Court ought to rediscover.

Graham, the Georgia L.P.’s chair, says in an email today that while no specific decision about a next step has been authoritatively pinned down between the party and its legal team, “there are multiple options on the table” and “the plan is to keep fighting with this case.”

The post Libertarian Party of Georgia Loses Ballot Access Lawsuit appeared first on Reason.com.

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Brett Kimberlin (Speedway Bomber) Loses Attempt to Vacate Long-Past Convictions, Including First Amendment Challenge to Impersonating-Federal-Official Conviction

I wrote about the district court decision in this case two years ago; here’s yesterday’s Seventh Circuit decision, Kimberlin v. U.S.:

Almost 20 years after serving his sentence for felonies related to a series of bombings, Brett Kimberlin petitioned for a writ of coram nobis, seeking to set aside some convictions in order to obtain relief from civil disabilities. The district court denied his petition. It correctly reasoned that, even if some felony convictions were overturned, Kimberlin does not (and cannot) successfully challenge others. Because his remaining felony convictions mean that the civil disabilities that he protests will remain intact, the equitable relief of coram nobis is unavailable; thus we affirm.

In 1979, Kimberlin was arrested after he tried to procure counterfeit government documents—including a presidential seal, military driver’s license forms, and military license plates. Federal officers eventually connected him to eight bombings in Speedway, Indiana. He was later convicted of several felonies, including impersonating a federal official by wearing a uniform representing the Department of Defense. We affirmed Kimberlin’s convictions and sentence on direct appeal and collateral review. Kimberlin was paroled in 1994, but his parole was revoked in 1997 for submitting a fraudulent mortgage loan application and for failure to pay a civil judgment to victims of the bombings. He completed his prison sentence in 2001.

Nearly 20 years after his release, Kimberlin petitioned for a writ of coram nobis. This equitable remedy may be available in rare cases where the defendant is no longer “in custody” (rendering 28 U.S.C. § 2255 unavailable) yet collateral relief is necessary to eradicate unjustified civil disabilities. He wants the district court to vacate his convictions for impersonating a federal official, illegally using the presidential seal and an insignia of the Department of Defense, and his role in the bombings. Kimberlin asserts that, because of these convictions, he faces civil disabilities: he cannot obtain grants for his non-profit organization, qualify for loans, serve on a jury, or renew his pilot’s license.

The district court denied Kimberlin’s petition. It observed that Kimberlin could obtain coram nobis relief only if all his felony convictions yielding the unwanted civil disabilities were removed, and Kimberlin could not prevail against all his convictions. First, the court noted, United States v. Bonin (7th Cir. 2019), foreclosed Kimberlin’s argument that the First Amendment conflicts with his convictions under § 912 for impersonating a federal official. Second, Kimberlin had felony convictions (for marijuana possession and perjury) that he was not challenging in the petition. These alone were sufficient to maintain his civil disabilities.

On appeal, Kimberlin maintains that his § 912 conviction is invalid. He relies on United States v. Alvarez (2012). There, a decade after Kimberlin’s release, the Supreme Court held that the free-speech protection of the First Amendment invalidated a part of the Stolen Valor Act of 2005 that criminalized “falsely representing” receipt of military decorations or medals. Kimberlin argues that Alvarez undermines his § 912 conviction because wearing a uniform of the Department of Defense could involve protected speech like “a protest, theatrical performance,” or a “Halloween party.” Kimberlin adds that, because he used the uniform for “commercial” transactions, he did not meet § 912’s requirement that he “act as such” officer that he impersonated.

These arguments ignore the restrictions on the writ. Because it upends finality, a writ of coram nobis requires not just a fundamental error affecting a conviction, and civil disabilities from it, but also good reason that the defendant failed to seek relief while in custody. We can focus on the § 912 conviction because, as the district court noted, a coram nobis challenge that might eliminate some felony convictions but leaves intact others that yield the same civil disabilities does not warrant relief…. “Indeed, even one count stating an offense would be the end of things, for a single felony conviction supports any civil disabilities … [the plaintiff] may have to endure.” … For three reasons, the district court rightly denied Kimberlin’s petition.

First, nothing prevented Kimberlin from raising on direct appeal or in his prior petition under § 2255 the legal arguments that the defendants advanced in Alvarez (about the First Amendment) and Wade (about “act as such”) and that Kimberlin urges now. Rather, he pursued his one opportunity that Congress allowed him under § 2255 to challenge his § 912 conviction without mentioning these arguments. “[I]t is entirely inappropriate for the judiciary to invoke the common law” with coram nobis “to override limitations enacted by Congress.” Thus, Kimberlin cannot use these arguments in this petition to challenge the validity the § 912 conviction.

Second, in any event, Kimberlin’s arguments about errors in his § 912 conviction are meritless. As the district court observed, in Bonin we rejected the First Amendment argument that he raises. We noted that the plurality opinion in Alvarez distinguished § 912 from the Stolen Valor Act and ruled that § 912’s “act as such” element is a constitutional, narrowly drawn ban on false speech (impersonation) that protects compelling interests in government processes, reputation, and service. Wade does not help him either. We explained there that § 912 validly criminalizes “overt action taken to cause the victim to follow a course of action he would not otherwise have pursued.” Kimberlin’s impersonations violated that statute.

Third, as the district court also recognized, Kimberlin is not challenging his felony convictions for marijuana possession and perjury. And he does not contest the district court’s conclusion that his ongoing civil disabilities will remain intact by virtue of these unchallenged convictions (as well as by virtue of the intact § 912 conviction). Thus, for this reason as well, he cannot obtain relief he seeks in his coram nobis petition….

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Court Reverses Expulsion for Student’s Off-Campus Posting of “I Will Fucking Kill off All of You!” Death Metal Lyrics

So holds today’s unanimous decision of the Pennsylvania Commonwealth Court in Appeal of G.S., in an opinion by Judge Ellen Ceisler:

[T]he Rose Tree Media School District …. expel[led] G.S. from Penncrest High School[, on the grounds that he] … had violated its Student Discipline Code by posting violent song lyrics on Snapchat despite the fact that G.S. had put up the offending post at a time when he was neither on-campus nor involved in school activities. [W]hen G.S. was 16 and in 11th grade[,] … [he] used his personal smartphone to post the following on Snapchat, where he had 60 to 65 followers, including 4 or 5 other School District students:

Everyone, I
despise everyone!
Fuck you,
eat shit,
blackout,
the world is a graveyard!
All of you, I
will fucking
kill off all of
you! This is
me, this is
my, snap!

Though G.S. did not tag his post as such, the words it contained were copied from “Snap,” a song by the death metal band Spite. The only alteration G.S. made in his post to the excerpted lyrics was to add several exclamation points. [Always a bad sign! -EV] G.S. did not direct this post toward any particular person or group and did not tag any other Snapchat users in it, nor did he put up this post at a time when he was involved in school-related activities. Rather, he posted while at an Easter Sunday celebration with his extended family in New Jersey.

The posting led to the school and the police being alerted, and many students being absent from school the next day. (I vastly oversimplify the procedural details here.) G.S. was then expelled, and the court held this violated his First Amendment rights:

[M]uch of the School District’s argumentation is based upon its position that G.S.’ post constituted a true threat, as well as that it was both legally proper and factually justified for it to expel G.S. on that basis…. [This], however, misapprehend the actual reasoning employed by the School District’s hearing officer in his August 13, 2018 report…. [T]he hearing officer declined the opportunity to decide whether the offending post was a true threat; indeed, the hearing officer remarked that “it is not necessary in this matter to make [that] determination[.]” Instead, the hearing officer reasoned that … G.S. should be expelled … because his post “materially disrupted class work, involved substantial disorder[,] and invaded the rights of others.” … Given that the School District adopted the August 13, 2018 report wholesale, it cannot now seek to retroactively expand or revise its justification for expelling G.S. The true threat analysis discussed above is therefore inapplicable to this matter….

What is left for us to decide, then, is whether the School District properly determined that G.S.’ Snapchat post had substantially disrupted the school environment at Penncrest, such that his expulsion did not contravene his constitutional right to free speech. Though G.S.’ post sparked a chain of events that undoubtedly led to the disruption of normal operations at Penncrest, and resulted in communal agitation and fear, we nevertheless conclude that his post was constitutionally protected speech, for which the School District could not punish him.

We acknowledge that the content of G.S.’ post is disturbing, facially speaking, in that its wording appears to express the author’s generalized feeling of existential anger and homicidal intent. Therefore, it is understandable that this post would initially cause great concern and, given the exigencies of the moment, that the School District would elect to suspend G.S. while it investigated the matter. Likewise, it is indisputable that there is a “strong public interest in reducing the level of violence within our schools and in the community in general, that it is of paramount importance that our schools must be kept as centers of learning free of fear for personal safety[,]” and, furthermore, that “[t]his concept of safety encompasses the notion of teachers and students being secure and free from the fear of becoming victims of senseless violence.”

Even so, the First Amendment and Article I, Section 7 [the free speech provision of the Pennsylvania Constitution] mandate that public schools cannot exert control over their students’ off-campus speech unless there is a strong nexus between a given student’s expressive conduct and their school, such that when properly contextualized, the offending speech is shown to have been clearly targeted at a member or members of their school community or clearly pertained to school activities.

In this instance, G.S. did not explicitly target specific Penncrest students, let alone the broader School District community, and he posted at a time when he was neither at Penncrest nor engaged in school-related activities…. [T]here is no dispute that G.S.’ post only contained lyrics from a song he enjoyed. In addition, G.S. repeatedly and consistently insisted that he neither meant harm nor desired to hurt anyone, and had his character attested to by his parents and Dr. Habony, who each maintained that G.S. was not a violent person or a threat to others. The School District, by contrast, neglected to substantively rebut these assertions and instead posited that the plain wording of G.S.’ post, coupled with the public’s reaction thereto and the criminal charges that were lodged against him, ipso facto established that he had intended to harm members of the School District community. This argument underpins, in large part, the School District’s position that G.S.’ expulsion was sound because “[the post] was circulated among Penncrest students and their families, and [created] fear in the community [that] caused substantial disruption at Penncrest in the days that followed.”

Thus, the School District would have us evaluate the constitutional sanctity of disciplining students for disruptions caused by off-campus speech through an analytical framework that would assign great value to the societal response to such speech, but disregard the context in which it was uttered, as well as the intent of the speaker. We decline to accept the School District’s deeply problematic suggestion.

Were we to do otherwise, the result would be to imbue public schools with the power to discipline their students for publically expressing interests or sentiments that school administrators, faculty, or members of polite society considered execrable or simply did not understand, regardless of how, when, where, or why that expressive conduct occurred. Public schools would consequently become de facto full-time censors, preventing children from making their own decisions about what aspects of popular culture are worthy of consumption or what beliefs should be held, and interfering with parental authority, through a constant potential for punishment that would hang over students like the Sword of Damocles.

Such an expansion of governmental authority would do great harm to the expressive rights of individuals still “in the formative years we ourselves once knew, when wounds can be so grievous, disappointment so profound, and mistaken choices so tragic, but when moral acts and self-fulfillment are still in reach.” While public schools’ reactions to students’ disturbing speech may be, as in this instance, ostensibly intended to protect their staff and communities, “[t]he Constitution exists precisely so that opinions and judgments, including esthetic and moral judgments about art and literature, can be formed, tested, and expressed. What the Constitution says is that these judgments are for the individual to make, not for the [g]overnment to decree, even with the mandate or approval of a majority.”

Public schools may certainly take appropriate, good faith steps to protect their communities in fluid situations where it is unclear whether a student’s off-campus speech indicates genuinely harmful intent, as neither the First Amendment nor Article I, Section 7 require that they sit on their proverbial hands until a potential threat comes into actual fruition. However, where a student’s properly contextualized, off-campus speech is not distinctly connected to school activities or clearly directed towards members of their educational community, a public school’s reach exceeds its constitutional grasp if it seeks to punish that student for any disruption to normal school operations that results from that speech. Thus, as the record is devoid of any proof that there was a link between G.S.’ post and his high school or his fellow students, the School District’s decision to expel him from Penncrest violated both the First Amendment and Article I, Section 7.

{This is especially true in situations like this one, where the School District punished G.S. for the disruption that ensued after he put up his post, even though the record reflects that those disturbances were more precisely attributable to widespread misinterpretation and misjudgment of the import and provenance of the words the post contained.}

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Brett Kimberlin (Speedway Bomber) Loses Attempt to Vacate Long-Past Convictions, Including First Amendment Challenge to Impersonating-Federal-Official Conviction

I wrote about the district court decision in this case two years ago; here’s yesterday’s Seventh Circuit decision, Kimberlin v. U.S.:

Almost 20 years after serving his sentence for felonies related to a series of bombings, Brett Kimberlin petitioned for a writ of coram nobis, seeking to set aside some convictions in order to obtain relief from civil disabilities. The district court denied his petition. It correctly reasoned that, even if some felony convictions were overturned, Kimberlin does not (and cannot) successfully challenge others. Because his remaining felony convictions mean that the civil disabilities that he protests will remain intact, the equitable relief of coram nobis is unavailable; thus we affirm.

In 1979, Kimberlin was arrested after he tried to procure counterfeit government documents—including a presidential seal, military driver’s license forms, and military license plates. Federal officers eventually connected him to eight bombings in Speedway, Indiana. He was later convicted of several felonies, including impersonating a federal official by wearing a uniform representing the Department of Defense. We affirmed Kimberlin’s convictions and sentence on direct appeal and collateral review. Kimberlin was paroled in 1994, but his parole was revoked in 1997 for submitting a fraudulent mortgage loan application and for failure to pay a civil judgment to victims of the bombings. He completed his prison sentence in 2001.

Nearly 20 years after his release, Kimberlin petitioned for a writ of coram nobis. This equitable remedy may be available in rare cases where the defendant is no longer “in custody” (rendering 28 U.S.C. § 2255 unavailable) yet collateral relief is necessary to eradicate unjustified civil disabilities. He wants the district court to vacate his convictions for impersonating a federal official, illegally using the presidential seal and an insignia of the Department of Defense, and his role in the bombings. Kimberlin asserts that, because of these convictions, he faces civil disabilities: he cannot obtain grants for his non-profit organization, qualify for loans, serve on a jury, or renew his pilot’s license.

The district court denied Kimberlin’s petition. It observed that Kimberlin could obtain coram nobis relief only if all his felony convictions yielding the unwanted civil disabilities were removed, and Kimberlin could not prevail against all his convictions. First, the court noted, United States v. Bonin (7th Cir. 2019), foreclosed Kimberlin’s argument that the First Amendment conflicts with his convictions under § 912 for impersonating a federal official. Second, Kimberlin had felony convictions (for marijuana possession and perjury) that he was not challenging in the petition. These alone were sufficient to maintain his civil disabilities.

On appeal, Kimberlin maintains that his § 912 conviction is invalid. He relies on United States v. Alvarez (2012). There, a decade after Kimberlin’s release, the Supreme Court held that the free-speech protection of the First Amendment invalidated a part of the Stolen Valor Act of 2005 that criminalized “falsely representing” receipt of military decorations or medals. Kimberlin argues that Alvarez undermines his § 912 conviction because wearing a uniform of the Department of Defense could involve protected speech like “a protest, theatrical performance,” or a “Halloween party.” Kimberlin adds that, because he used the uniform for “commercial” transactions, he did not meet § 912’s requirement that he “act as such” officer that he impersonated.

These arguments ignore the restrictions on the writ. Because it upends finality, a writ of coram nobis requires not just a fundamental error affecting a conviction, and civil disabilities from it, but also good reason that the defendant failed to seek relief while in custody. We can focus on the § 912 conviction because, as the district court noted, a coram nobis challenge that might eliminate some felony convictions but leaves intact others that yield the same civil disabilities does not warrant relief…. “Indeed, even one count stating an offense would be the end of things, for a single felony conviction supports any civil disabilities … [the plaintiff] may have to endure.” … For three reasons, the district court rightly denied Kimberlin’s petition.

First, nothing prevented Kimberlin from raising on direct appeal or in his prior petition under § 2255 the legal arguments that the defendants advanced in Alvarez (about the First Amendment) and Wade (about “act as such”) and that Kimberlin urges now. Rather, he pursued his one opportunity that Congress allowed him under § 2255 to challenge his § 912 conviction without mentioning these arguments. “[I]t is entirely inappropriate for the judiciary to invoke the common law” with coram nobis “to override limitations enacted by Congress.” Thus, Kimberlin cannot use these arguments in this petition to challenge the validity the § 912 conviction.

Second, in any event, Kimberlin’s arguments about errors in his § 912 conviction are meritless. As the district court observed, in Bonin we rejected the First Amendment argument that he raises. We noted that the plurality opinion in Alvarez distinguished § 912 from the Stolen Valor Act and ruled that § 912’s “act as such” element is a constitutional, narrowly drawn ban on false speech (impersonation) that protects compelling interests in government processes, reputation, and service. Wade does not help him either. We explained there that § 912 validly criminalizes “overt action taken to cause the victim to follow a course of action he would not otherwise have pursued.” Kimberlin’s impersonations violated that statute.

Third, as the district court also recognized, Kimberlin is not challenging his felony convictions for marijuana possession and perjury. And he does not contest the district court’s conclusion that his ongoing civil disabilities will remain intact by virtue of these unchallenged convictions (as well as by virtue of the intact § 912 conviction). Thus, for this reason as well, he cannot obtain relief he seeks in his coram nobis petition….

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The Lesson Of COVID: When People Are Anxious, Isolated, & Hopeless; They’re Less Ready To Think Critically

The Lesson Of COVID: When People Are Anxious, Isolated, & Hopeless; They’re Less Ready To Think Critically

Authored by Jonathan Cook via MintPressNews.com,

When I criticize meddling in Syria by Britain and America, or their backing of groups there that elsewhere are considered terrorists, it does not follow that I am, therefore, a cheerleader for the dictatorship of Bashar Assad or that I think that Syrians should be denied a better political system. Similarly, when I criticize Joe Biden or the Democratic party, it does not necessarily follow that I think Donald Trump would have made a better president.

A major goal of critical thinking is to stand outside tribal debates, where people are heavily invested in particular outcomes, and examine the ways debates have been framed. This is important because one of the main ways power expresses itself in our societies is through the construction of official narratives – usually through the billionaire-owned media – and the control and shaping of public debate.

You are being manipulated – propagandized – even before you engage with a topic if you look only at the substance of a debate and not at other issues: such as its timing, why the debate is taking place or why it has been allowed, what is not being mentioned or has been obscured, what is being emphasized, and what is being treated as dangerous or abhorrent.

If you want to be treated like a grown-up, an active and informed participant in your society rather than a blank sheet on which powerful interests are writing their own self-serving narratives, you need to be doing as much critical thinking as possible – and especially on the most important topics of the day.

Learning curve

The opportunity to become more informed and insightful about how debates are being framed, rather than what they are ostensibly about, has never been greater. Over the past decade, social media, even if the window it offered is rapidly shrinking, has allowed large numbers of us to discover for the first time those writers who, through their deeper familiarity with a specific topic and their consequent greater resistance to propaganda, can help us think more critically about all kinds of issues – Russia, Venezuela, Iran, Israel-Palestine, the list is endless.

This has been a steep learning curve for most of us. It has been especially useful in helping us to challenge narratives that vilify “official enemies” of the west or that veil corporate power – which has effectively usurped what was once the more visible and, therefore, accountable political power of western states. In the new, more critical climate, the role of the war industries – bequeathed to us by western colonialism – has become especially visible.

But what has been most disheartening about the past two years of Covid is the rapid reversal of the gains made in critical thinking. Perhaps this should not entirely surprise us. When people are anxious for themselves or their loved ones, when they feel isolated and hopeless, when “normal” has broken down, they are likely to be less ready to think critically.

The battering we have all felt during Covid mirrors the emotional, and psychological assault critical thinking can engender. Thinking critically increases anxiety by uncomfortably exposing us to the often artificial character of official reality. It can leave us feeling isolated and less hopeful, especially when friends and family expect us to be as deeply invested in the substance – the shadow play – of official, tribal debates as they are. And it undermines our sense of what “normal” is by revealing that it is often what is useful to power elites rather than what is beneficial to the public good.

Emotional resilience

There are reasons why people are drawn to critical thinking. Often because they have been exposed in detail to one particular issue that has opened their eyes to wider narrative manipulations on other issues. Because they have the tools and incentives – the education and access to information – to explore some issues more fully. And, perhaps most importantly, because they have the emotional and psychological resilience to cope with stripping away the veneer of official narratives to see the bleaker reality beneath and to grasp the fearsome obstacles to liberating ourselves from the corrupt elites that rule over us and are pushing us towards ecocidal oblivion.

The anxieties produced by critical thinking, the sense of isolation, and the collapse of “normal” is in one sense chosen. They are self-inflicted. We choose to do critical thinking because we feel capable of coping with what it brings to light. But Covid is different. Our exposure to Covid, unlike critical thinking, has been entirely outside our control. And worse, it has deepened our emotional and psychological insecurities. To do critical thinking in a time of Covid – and most especially about Covid – is to add a big extra layer of anxiety, isolation, and hopelessness.

Covid has highlighted the difficulties of being insecure and vulnerable, thereby underscoring why critical thinking, even in good times, is so difficult. When we are anxious and isolated, we want quick, reassuring solutions, and we want someone to blame. We want authority figures to trust and act in our name.

Complex thinking

It is not hard to understand why the magic bullet of vaccines – to the exclusion of all else – has been so fervently grasped during the pandemic. Exclusive reliance on vaccines has been a great way for our corrupt, incompetent governments to show they know what they are doing. The vaccines have been an ideal way for corrupt medical-industrial corporations – including the biggest offender, Pfizer – to launder their images and make us all feel indebted to them after so many earlier scandals like Oxycontin. And, of course, the vaccines have been a comfort blanket to us, the public, promising to bring ZeroCovid (false), to provide long-term immunity (false), and to end transmission (false).

And as an added bonus, vaccines have allowed both our corrupt leaders to shift the blame away from themselves for their other failed public health policies and our corrupt “health” corporations to shift attention away from their profiteering by encouraging the vaccinated majority to scapegoat an unvaccinated minority. Divide and rule par excellence.

To state all this is not to be against the vaccines or believe the virus should rip through the population, killing the vulnerable, any more than criticizing the US war crime of bombing Syria signifies enthusiastic support for Assad. It is only to recognize that political realities are complex, and our thinking needs to be complex too.

‘Herd immunity’

These ruminations were prompted by a post on social media I made the other day referring to the decision of the Guardian – nearly two years into the pandemic – to publish criticisms by an “eminent” epidemiologist, Prof Mark Woolhouse, of the British government’s early lockdown policies. Until now, any questioning of the lockdowns has been one of the great unmentionables of the pandemic outside of right-wing circles.

Let us note another prominent example: the use of the term “herd immunity,” which was until very recently exactly what public health officials aimed for as a means to end contagion. It signified the moment when enough people had acquired immunity, either through being infected or vaccinated, for community transmission to stop occurring. But because the goal during Covid is not communal immunity but universal vaccination, the term “herd immunity” has now been attributed to a sinister political agenda. It is presented as some kind of right-wing plot to let vulnerable people die.

This is not accidental. It is an entirely manufactured, if widely accepted, narrative. Recovery from infection – something now true for many people – is no longer treated by political or medical authorities as conferring immunity. For example, in the UK, those who have recovered from Covid, even recently, are not exempted, as the vaccinated are, from self-isolation if they have been in close contact with someone infected with Covid. Also, of course, those recovered from Covid do not qualify for a vaccine passport. After all, it is not named an immunity passport. It is a vaccine passport.

Emmanuel Macron, the French president, has at least been open about the “reasoning” behind this kind of discrimination. “In a democracy,” he says, apparently unironically, “the worst enemies are lies and stupidity. We are putting pressure on the unvaccinated by limiting, as much as possible, their access to activities in social life. … For the non-vaccinated, I really want to piss them off. And we will continue to do this, to the end. This is the strategy.”

Notice that the lies and stupidity here emanate from Macron: he is not only irresponsibly stoking dangerous divisions within French society, he has also failed to understand that the key distinctions from a public health perspective are between those with immunity to Covid and those without it and those who are vulnerable to hospitalization and those who are not. These are the most meaningful markers of how to treat the pandemic. The obsession with vaccination only serves a divide and rule agenda and bolsters pandemic profiteering.

Crushing hesitancy

The paradox is that these narratives dominate even as the evidence mounts that the vaccines offer very short-term immunity and that, ultimately, as Omicron appears to be underscoring, many people are likely to gain longer-term immunity through Covid infection, even those who have been vaccinated. But the goal of public “debate” on this topic has not been transparency, logic, or informed consent. Instead, it has been the crushing of any possible “vaccine hesitancy.”

I have repeatedly tried to highlight the lack of critical thinking around the exclusive focus on vaccines rather than immune health, the decision to vaccinate children in the face of strong, if largely downplayed, opposition from experts, and the divisive issue of vaccine mandates. But I have had little to say directly about lockdowns, which have tended to look to me chiefly like desperate stop-gap measures to cover up the failings of our underfunded, cannibalized, and increasingly privatized health services (a more pressing concern). I am also inclined to believe that the balance of benefits from lockdowns, or whether they work, is difficult to weigh without some level of expertise. That is one reason why I have been arguing throughout the pandemic that experts need to be allowed more open, robust, and honest public debate.

It is also why I offered a short comment on Prof Woolhouse’s criticisms, published in the Guardian this week, of national lockdown policies. This evoked a predictably harsh backlash from many followers. They saw it as further proof that the “Covid denialists have captured me,” and I am now little better than a pandemic conspiracy theorist.

Framing the debate

That is strange in itself. Prof Woolhouse is a mainstream, reportedly “eminent” epidemiologist. His eminence is such that it also apparently qualifies him to be quoted extensively and uncritically in the Guardian. The followers I antagonize every time I write about the pandemic appear to treat the Guardian as their Covid Bible, as do most liberals. And they regularly castigate me for referring to the kind of experts the Guardian refuses to cite. So how does my retweeting of a Guardian story that uncritically reports on anti-lockdown comments from a respectable, mainstream epidemiologist incur so much wrath – and seemingly directed only against me?

The answer presumably lies in the short appended comment in my retweet, which requires that one disengage from the seemingly substantive debate – lockdowns, good or bad? That conversation is certainly interesting to me, especially if it is an honest one. But the contextual issues around that debate, the ones that require critical thinking, are even more important because they are the best way to evaluate whether an honest debate is actually being fostered.

My comment, intentionally ambiguous, implicitly requires readers to examine wider issues about the Guardian article: the timing of its publication, why a debate about lockdowns has not previously been encouraged in the Guardian but apparently is now possible, how the debate is being framed by Woolhouse and the Guardian, and how we, the readers, may be being manipulated by that framing.

Real, live conspiracy

Interestingly, I was not alone in being struck by how strange the preferred framing was. A second epidemiologist, Martin Kulldorff, a biostatistician at Harvard who serves on a scientific committee to the US Centers for Disease Control and Prevention (CDC), saw problems with the article too. Unfortunately, however, Prof Kulldorff appears not to qualify as “eminent” enough for the Guardian to quote him uncritically. That is because he was one of three highly respected academics who brought ignominy down on their heads in October 2020 by authoring the Great Barrington Declaration.

Like Woolhouse, the Declaration offered an alternative to blanket national lockdowns – the official response to rising hospitalizations – but did so when those lockdowns were being aggressively pursued, and no other options were being considered. The Guardian was among those that pilloried the Declaration and its authors, presenting it as an irresponsible right-wing policy and a recipe for Covid to tear through the population, laying waste to significant sections of the population.

My purpose here is not to defend the Great Barrington Declaration. I don’t feel qualified enough to express a concrete, public view one way or another on its merits. And part of the reason for that hesitancy is that any meaningful conversation at the time among experts was ruthlessly suppressed. The costs of lockdowns were largely unmentionable in official circles and the “liberal” media. It was instantly stigmatized as the policy preference of the “deplorable” right.

This was not accidental. We now know it was a real, live conspiracy. Leaked emails show that Anthony Fauci, the chief medical adviser to the president, and his minions used their reliable contacts in prominent liberal media to smear the authors of the Great Barrington Declaration. “There needs to be a quick and devastating published takedown of its premises. I don’t see anything like that online yet – is it underway?” a senior official wrote to Fauci. The plan was character assassination, pure and simple—nothing to do with science. And “liberal” media happily and quickly took up that task.

The Guardian, of course, went right along with those smears. This is why Prof Kulldorff has every right to treat with disdain both the Guardian’s decision to now publish Prof Woolhouse’s criticisms – so very belatedly – of lockdown policy and Prof Woolhouse’s public distancing of himself from the now-radioactive Great Barrington Declaration even though his published comments closely echo the policies proposed in the Declaration. As Prof Kulldorff observes:

Hilarious logical somersault. In the Guardian, Mark Woolhouse argues that [the] UK should have used focused protection as defined in the Great Barrington Declaration, while criticizing the Great Barrington Declaration due to its mischaraterization by the Guardian.”

Reputational damage 

If we put on our critical thinking hats for a moment, we can deduce a plausible reason for that mischaracterization.

Like the rest of the “liberal” media, the Guardian has been fervently pro-lockdown and an avowed opponent of any meaningful discussion of the Great Barrington Declaration since its publication more than a year ago. Moreover, it has characterized any criticism of lockdowns as an extreme right-wing position. But the paper now wishes to open up a space for a more critical discussion of the merits of lockdown at a time when rampant but milder Omicron threatens to shut down not only the economy but distribution chains and health services.

Demands for lockdowns are returning – premised on the earlier arguments for them – but the formerly obscured costs are much more difficult to ignore now. Even lockdown cheerleaders like the Guardian finally understand some of what was clear 15 months ago to experts like Prof Kulldorff and his fellow authors.

What the Guardian appears to be doing is smuggling the Great Barrington Declaration’s arguments back into the mainstream but trying to do it in a way that won’t damage its credibility and look like an about-face. It is being entirely deceitful. And the vehicle for achieving this end is a fellow critic of lockdowns, Prof Woolhouse, who is not tainted goods like Prof Kulldorff, even though their views appear to overlap considerably. Criticism of lockdowns is being rehabilitated via Prof Woolhouse, even as Prof Kulldorff remains an outcast, a deplorable.

In other words, this is not about any evolution in scientific thinking. It is about the Guardian avoiding reputational damage – and doing so at the cost of continuing to damage Prof Kulldorff’s reputation. Prof Kulldorff and his fellow authors were scapegoated when their expert advice was considered politically inconvenient, while Prof Woolhouse is being celebrated because similar expert advice is now convenient.

This is how much of our public discourse operates. The good guys control the narrative so that they can ensure they continue to look good, while the bad guys are tarred and feathered, even if they are proven right. The only way to really make sense of what is going on is to disengage from this kind of political tribalism, examine contexts, avoid being so invested in outcomes, and work hard to gain more perspective on the anxiety and fear each of us feels.

The corporate media is not our friend. Its coverage of the pandemic is not there to promote the public good. It is there to feed our anxieties, keep us coming back for more, and monetize that distress. The only cure for this sickness? A lot more critical thinking.

Tyler Durden
Fri, 01/07/2022 – 18:00

via ZeroHedge News https://ift.tt/3q7mrH2 Tyler Durden

Court Reverses Expulsion for Student’s Off-Campus Posting of “I Will Fucking Kill off All of You!” Death Metal Lyrics

So holds today’s unanimous decision of the Pennsylvania Commonwealth Court in Appeal of G.S., in an opinion by Judge Ellen Ceisler:

[T]he Rose Tree Media School District …. expel[led] G.S. from Penncrest High School[, on the grounds that he] … had violated its Student Discipline Code by posting violent song lyrics on Snapchat despite the fact that G.S. had put up the offending post at a time when he was neither on-campus nor involved in school activities. [W]hen G.S. was 16 and in 11th grade[,] … [he] used his personal smartphone to post the following on Snapchat, where he had 60 to 65 followers, including 4 or 5 other School District students:

Everyone, I
despise everyone!
Fuck you,
eat shit,
blackout,
the world is a graveyard!
All of you, I
will fucking
kill off all of
you! This is
me, this is
my, snap!

Though G.S. did not tag his post as such, the words it contained were copied from “Snap,” a song by the death metal band Spite. The only alteration G.S. made in his post to the excerpted lyrics was to add several exclamation points. [Always a bad sign! -EV] G.S. did not direct this post toward any particular person or group and did not tag any other Snapchat users in it, nor did he put up this post at a time when he was involved in school-related activities. Rather, he posted while at an Easter Sunday celebration with his extended family in New Jersey.

The posting led to the school and the police being alerted, and many students being absent from school the next day. (I vastly oversimplify the procedural details here.) G.S. was then expelled, and the court held this violated his First Amendment rights:

[M]uch of the School District’s argumentation is based upon its position that G.S.’ post constituted a true threat, as well as that it was both legally proper and factually justified for it to expel G.S. on that basis…. [This], however, misapprehend the actual reasoning employed by the School District’s hearing officer in his August 13, 2018 report…. [T]he hearing officer declined the opportunity to decide whether the offending post was a true threat; indeed, the hearing officer remarked that “it is not necessary in this matter to make [that] determination[.]” Instead, the hearing officer reasoned that … G.S. should be expelled … because his post “materially disrupted class work, involved substantial disorder[,] and invaded the rights of others.” … Given that the School District adopted the August 13, 2018 report wholesale, it cannot now seek to retroactively expand or revise its justification for expelling G.S. The true threat analysis discussed above is therefore inapplicable to this matter….

What is left for us to decide, then, is whether the School District properly determined that G.S.’ Snapchat post had substantially disrupted the school environment at Penncrest, such that his expulsion did not contravene his constitutional right to free speech. Though G.S.’ post sparked a chain of events that undoubtedly led to the disruption of normal operations at Penncrest, and resulted in communal agitation and fear, we nevertheless conclude that his post was constitutionally protected speech, for which the School District could not punish him.

We acknowledge that the content of G.S.’ post is disturbing, facially speaking, in that its wording appears to express the author’s generalized feeling of existential anger and homicidal intent. Therefore, it is understandable that this post would initially cause great concern and, given the exigencies of the moment, that the School District would elect to suspend G.S. while it investigated the matter. Likewise, it is indisputable that there is a “strong public interest in reducing the level of violence within our schools and in the community in general, that it is of paramount importance that our schools must be kept as centers of learning free of fear for personal safety[,]” and, furthermore, that “[t]his concept of safety encompasses the notion of teachers and students being secure and free from the fear of becoming victims of senseless violence.”

Even so, the First Amendment and Article I, Section 7 [the free speech provision of the Pennsylvania Constitution] mandate that public schools cannot exert control over their students’ off-campus speech unless there is a strong nexus between a given student’s expressive conduct and their school, such that when properly contextualized, the offending speech is shown to have been clearly targeted at a member or members of their school community or clearly pertained to school activities.

In this instance, G.S. did not explicitly target specific Penncrest students, let alone the broader School District community, and he posted at a time when he was neither at Penncrest nor engaged in school-related activities…. [T]here is no dispute that G.S.’ post only contained lyrics from a song he enjoyed. In addition, G.S. repeatedly and consistently insisted that he neither meant harm nor desired to hurt anyone, and had his character attested to by his parents and Dr. Habony, who each maintained that G.S. was not a violent person or a threat to others. The School District, by contrast, neglected to substantively rebut these assertions and instead posited that the plain wording of G.S.’ post, coupled with the public’s reaction thereto and the criminal charges that were lodged against him, ipso facto established that he had intended to harm members of the School District community. This argument underpins, in large part, the School District’s position that G.S.’ expulsion was sound because “[the post] was circulated among Penncrest students and their families, and [created] fear in the community [that] caused substantial disruption at Penncrest in the days that followed.”

Thus, the School District would have us evaluate the constitutional sanctity of disciplining students for disruptions caused by off-campus speech through an analytical framework that would assign great value to the societal response to such speech, but disregard the context in which it was uttered, as well as the intent of the speaker. We decline to accept the School District’s deeply problematic suggestion.

Were we to do otherwise, the result would be to imbue public schools with the power to discipline their students for publically expressing interests or sentiments that school administrators, faculty, or members of polite society considered execrable or simply did not understand, regardless of how, when, where, or why that expressive conduct occurred. Public schools would consequently become de facto full-time censors, preventing children from making their own decisions about what aspects of popular culture are worthy of consumption or what beliefs should be held, and interfering with parental authority, through a constant potential for punishment that would hang over students like the Sword of Damocles.

Such an expansion of governmental authority would do great harm to the expressive rights of individuals still “in the formative years we ourselves once knew, when wounds can be so grievous, disappointment so profound, and mistaken choices so tragic, but when moral acts and self-fulfillment are still in reach.” While public schools’ reactions to students’ disturbing speech may be, as in this instance, ostensibly intended to protect their staff and communities, “[t]he Constitution exists precisely so that opinions and judgments, including esthetic and moral judgments about art and literature, can be formed, tested, and expressed. What the Constitution says is that these judgments are for the individual to make, not for the [g]overnment to decree, even with the mandate or approval of a majority.”

Public schools may certainly take appropriate, good faith steps to protect their communities in fluid situations where it is unclear whether a student’s off-campus speech indicates genuinely harmful intent, as neither the First Amendment nor Article I, Section 7 require that they sit on their proverbial hands until a potential threat comes into actual fruition. However, where a student’s properly contextualized, off-campus speech is not distinctly connected to school activities or clearly directed towards members of their educational community, a public school’s reach exceeds its constitutional grasp if it seeks to punish that student for any disruption to normal school operations that results from that speech. Thus, as the record is devoid of any proof that there was a link between G.S.’ post and his high school or his fellow students, the School District’s decision to expel him from Penncrest violated both the First Amendment and Article I, Section 7.

{This is especially true in situations like this one, where the School District punished G.S. for the disruption that ensued after he put up his post, even though the record reflects that those disturbances were more precisely attributable to widespread misinterpretation and misjudgment of the import and provenance of the words the post contained.}

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