Another Internet Sleuth / “True Crime” Podcast Libel Lawsuit, Here About Kiely Rodni Case

From the Complaint in Robertson v. Upchurch (M.D. Tenn.), just filed today (paragraph numbers and some paragraph breaks deleted); recall, of course that these are all just the plaintiffs’ allegations:

Ryan Upchurch is a media personality, musician, and prolific “YouTuber” who has approximately 3,110,000 subscribers on YouTube as of the date of this filing.

Upchurch began posting about the disappearance of Kiely Rodni, the granddaughter of Plaintiff David Robertson and the daughter of Plaintiff Daniel Rodni, after Kiely’s disappearance in August 2022 became a viral international news story…. Upchurch had not previously participated in so-called “true crime” YouTube but began to do so as the Kiely Rodni case became “news.”

Kiely Rodni disappeared after a party near Tahoe National Forest on August 6, 2022. In the weeks following her disappearance, numerous online posters began wildly speculating as to “what really happened” to Kiely Rodni. (As it would ultimately turn out, Kiely died of drowning when her vehicle crashed into the Prosser Reservoir and became submerged below fourteen feet of water. No foul play was suspected.)

Ryan Upchurch was a prominent figure in this wild After Kiely’s Rodni body had been found, and after authorities had publicly stated that an autopsy had confirmed her identity, Upchurch uploaded several videos making outlandish claims, including that Kiely Rodni, Daniel Rodni, and David Robertson were “not real” and that the entire tragic episode was a “scam” by Kiely’s family to raise money on a GoFundMe website. Upchurch also published images of David Robertson and further published Daniel Rodni’s former home address to his 3 million subscribers.

Upchurch has a loyal following of viewers who refer to themselves as the “creek squad.” Upchurch directed the “creek squad” to search for Kiely Rodni’s vehicle and posted google earth images of Daniel Rodni’s former home, falsely stating that he had “found” Kiely’s car there. While generating hundreds of thousand views on his videos relating to Kiely Rodni’s disappearance, Upchurch promoted his own music, often uploading new music content between videos on the Kiely Rodni case. Daniel Rodni essentially went into hiding, and made substantial investments in home security, surveillance, cameras, etc.

Several “creek squad” members made outlandish videos of their own. One self-admitted creek squad member, named “Julio,” made several videos under the moniker “An All American Cartel LLC.” Julio posted videos of the Lost Trail Lodge, a vacation resort operated by David Robertson.

In one of these videos, Julio speculated that the Rodni / Robertson family was performing child sacrifices at the lodge as part of a religious cult. Several creek squad members flooded the Lodge’s internet profiles with negative online reviews. The negative attention directed to David Robertson and his lodge caused him to suffer financial losses.

David Robertson and Daniel Rodni have each experienced extreme emotional distress attributable to Upchurch’s postings, compounding their already profound grief at the tragic loss of their granddaughter and daughter.

This lawsuit seeks to hold Upchurch accountable for his tortious actions and intentional misconduct, as outlined below….

For a similar (but, of course, different) case, see University of Idaho Murders Yield Libel Lawsuit Against “Internet Sleuth.”

The post Another Internet Sleuth / "True Crime" Podcast Libel Lawsuit, Here About Kiely Rodni Case appeared first on Reason.com.

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Exploding E-Bikes: Lithium Battery Fires Spread In New York And California

Exploding E-Bikes: Lithium Battery Fires Spread In New York And California

Authored by Naveen Athrappully via The Epoch Times (emphasis ours),

Lithium-ion batteries have sparked hundreds of fires across New York and San Francisco this year, injuring dozens and resulting in the death of a few individuals, triggering worries about ongoing public safety.

In New York, “fires caused by Lithium-ion batteries have grown exponentially every year since 2021,” Fire Commissioner Laura Kavanagh said on Friday during a public safety briefing. “We are now, unfortunately, seeing more and more of these kinds of extremely fast-moving, very powerful fires with some regularity in the city. As of this week, there have been 131 fires, 76 injuries, and 13 deaths caused by these Lithium-ion batteries.”

This is a significant jump from 2021 when there were 79 injuries and four deaths from such fires. In 2022, there were 142 injuries and six deaths. The 2023 death toll has already exceeded the past two years combined with roughly five months remaining in the year.

Multiple lithium-ion battery fires have made it to the headlines this year. On Jan. 20, a 63-year-old man was killed and 10 more injured after a fire from a charging e-bike spread through a home in Queens.

In April, a teenager and a 7-year-old child died in a home, also in Queens, due to a fire that erupted from an e-bike. And on May 7, four people died from a lithium battery fire that blazed through an apartment building in Upper Manhattan.

Lithium fires are also becoming a problem in San Francisco, California. On Monday, two people had to jump out of an apartment in the Tenderloin neighborhood due to a fire believed to have been triggered by an overheated e-scooter battery—with one of them taken to a hospital suffering from serious injuries.

In an interview with The New York Times, Capt. Jonathan Baxter, a spokesperson for the San Francisco Fire Department, said that it was the 24th fire in the city this year that was linked to rechargeable batteries.

Since 2017, San Francisco has seen 202 battery fires which injured eight people and killed one. Of these, 58 fires broke out in 2022, up from just 13 in 2017.

“We’re not seeing it to that same degree here in San Francisco,” Baxter said while referring to the surging lithium fire incidents in New York. “However, one fire is one too many.”

Lithium Fires in New York

Multiple reasons are cited for the surge in lithium fire incidents. Some point to hazardous charging practices like the use of mismatched equipment to charge the devices and overcharging as a problem. Using damaged or refurbished batteries can also pose issues. Others blame a lack of proper safety testing and regulation.

Though lithium-ion batteries are also used in cellphones and computers, e-mobility devices pose a bigger threat as their lithium batteries tend to be larger and more susceptible to wear and tear.

Cheap e-bikes became popular in New York during the COVID-19 pandemic when public transit was affected and orders for food deliveries surged. People who buy e-bikes usually charge these vehicles inside apartments, posing a significant risk to the residents.

The situation has gotten so worse that some landlords in New York have banned e-bikes and other e-mobility devices.

In a March 20 press release, the City of New York admitted that “fires caused by batteries that power e-micromobility devices are a significant problem in New York City … These fires are particularly severe and difficult to extinguish, spreading quickly and producing noxious fumes.”

Even as NYC Mayor Eric Adams promotes e-bikes as a “convenient transportation” option for New Yorkers, he admitted that faulty and illegal devices are making their way into homes and streets, triggering fires and “putting lives at risk.”

Lithium-ion batteries are also used in industrial settings. However, these setups are heavily regulated and subject to professional supervision. This is not the case with smaller lithium batteries used in e-bikes and other devices. Customers tend to usually not have much of an understanding of the fire risks posed by such batteries.

Dealing With Lithium Battery Fires

To deal with the problem of lithium battery fires, the Fire Department of the City of New York (FDNY) is recommending that citizens only buy lithium battery devices certified by a nationally recognized testing laboratory like Underwriters Laboratory (UL).

When using batteries, the manufacturer’s charging and storage instructions must be adhered to. Batteries should be kept away from heat sources and anything flammable, and must be maintained at room temperature, it advises.

People should avoid using aftermarket or generic batteries. They should desist from overcharging and avoid leaving the batteries charging overnight. When charging, the battery should be away from a person’s bed, pillow, or couch. While charging e-bikes, FDNY advises people to never leave them unattended.

A bill enacted in March seeks to prohibit the sale, lease, or rental of e-bikes and other such mobility devices as well as their storage batteries in New York which fail to meet certain safety standards. The ban will come into effect in September, making New York the first American city to do so.

The bill insists that e-mobility devices must be certified by an accredited testing laboratory for compliance with UL standards 2849, 2272, or similar safety standards set by the New York State Department of Motor Vehicles in consultation with the fire department.

The first violation of this law would be met with a warning, but subsequent violations would carry civil penalties of up to $1,000 per violating device,” states the bill summary.

Tyler Durden
Fri, 07/28/2023 – 19:00

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Starter Homes Are Becoming Extinct, Making ‘The American Dream’ Unaffordable

Starter Homes Are Becoming Extinct, Making ‘The American Dream’ Unaffordable

Hitting the news wires late this week are headlines about the Biden administration’s plan to tackle the housing affordability crisis that has persisted since the Federal Reserve aggressively raised interest rates in early 2022 to combat the worst inflation storm in a generation. The result of tighter monetary policy has propelled mortgage rates north of 7%, making starter homes for first-time buyers more unaffordable. 

“Buyers searching for starter homes in today’s market are on a wild goose chase because in many parts of the country, there’s no such thing as a starter home anymore,” Sheharyar Bokhari, Redfin senior economist, told Bloomberg

Bokhari said, “The most affordable homes for sale are no longer affordable to people with lower budgets due to the combination of rising prices and rising rates.”

The average rate on the popular 30-year fixed mortgage was 7.34% on July 27, reaching its highest point since November, according to data published by Bankrate. This means the average priced starter home, around $243,000, has become increasingly unaffordable to many — with that, the American Dream quickly dies. 

An increase in borrowing costs has led to more than a doubling of the average mortgage payment for a median single-family home over the course of a year, assuming a 30-year fixed mortgage with a 20% down payment.

Real estate firm Redfin said buyers must earn at least $64,500 to ensure their debt-to-income ratio doesn’t exceed 30% when buying a starter home. 

Buyers face a market where active listing for affordable homes across the US is rapidly plunging. Bokhari said new active listings are down 23% year-over-year due to homeowners staying put because many bought in an era of record-low mortgage rates. We pointed that out last week when only 1% of US homes changed hands in 2023, the lowest on record, indicating the market is in ‘complete paralysis.’ 

Bokhari said the number of affordable homes on the market had been halved in the last decade. 

The housing affordability crisis has been manifesting for more than a year. Readers have been well-informed about this trend via notes titled First-Time Homebuyers Are Absolutely Screwed Right Now and Housing Affordability Worsens As Homeownership Out Of Reach For Anyone Making Under $100k

That may be why parked mobile home shipments are surging as the American Dream dies. And Home Depot understands this by offering $44,000 tiny homes (land not included). 

Tyler Durden
Fri, 07/28/2023 – 18:40

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Biden: Hiding In Plain Sight

Biden: Hiding In Plain Sight

Authored by Charles Ortel via American Thinker,

American voters who struggle to enjoy the benefits of “Bidenomics” understand that Joe Biden and his family likely never earned an honest living while Joe was senator, vice president, or president.

Now that iconic Democrat Robert Kennedy, Jr. has called for a serious investigation into suspicious wealth accumulation by the Biden family during the President’s long career chiefly as a “public servant,” one might be tempted to get lost in minutiae and go far back over years of evidence to see whether impeachment and conviction are warranted in 2023.

In truth, there is a simpler approach: focus on the strange and dramatic increase in Joe Biden’s personal fortune from his time as vice president starting early in the first year of Donald Trump’s presidency in late January 2017, using tools hiding in plain sight in the public domain. Begin with the final days of the Obama-Biden administration. We have yet to learn the complete truth concerning what was discussed in the Oval Office when a coterie of top officials including Obama, Biden, and Comey met there on January 5, 2017.

This was only weeks before Donald Trump and Mike Pence took the reins of the Executive Branch on January 20, 2017. Moreover, Republicans were destined to take control over the House of Representatives and the Senate with a clear majority in the former body, and much slimmer control over the latter. Much might have been lost for key Democrats and their allies in the bureaucracy, had the incoming Trump administration enjoyed free rein to direct investigations into suspicious activities of many in the Obama-Biden administration. During eight long years while “fundamentally transforming America,” Barack Obama and others likely had positioned themselves to garner outsized financial returns in retirement from public service, following the examples set by Bill and Hillary Clinton from 2001 onwards. With so much at risk and with so many domestic and foreign challenges and uncertainties swirling, one wonders exactly why Joe Biden decided to take a brief trip over to Ukraine and to Switzerland for the World Economic Forum, returning to Washington, D.C. right before Inauguration Day.

Without doubt, a raft of paper and electronic records exists somewhere that will eventually shed light upon why Biden needed to spend crucial last-minute time with principals whom some believe have been orchestrating financial payments to the Biden family and their associates using murky means for years. These records, which IRS and FBI investigators surely considered examining at some point since 2017, remain relevant to any fair inquiry into the Biden family for monetizing Joe Biden’s influence over key American policies while he held high elective offices. According to public accounts, Biden and Obama lunched regularly at the White House to compare notes and coordinate making progress implementing key policy initiatives. Perhaps Obama and Biden (who each used alias email accounts while serving in the White House) marveled at the bold ways in which Hillary Clinton and her aides operated while she served as Secretary of State, and as Bill Clinton claimed that he directed affairs of “his” presidential foundation.

Yet, unlike the Clintons, Biden had little to show financially from his long career in politics when he departed the vice-presidential residence.

According to detailed information, Joe and Jill Biden declared a total of $4,122,376 in pretax income on their federal tax returns for tax years 2001 through 2016 — this works out to an average of $257,648 annually during the sixteen-year period when he finished his career as senator and, later, became vice president. Leaving aside, for the moment, fair questions concerning how Biden managed to sustain living costs for his large family from his home in Wilmington and also save for retirement, his years with educator Jill Biden do not appear to show proven ability to derive investment income, or garner outsized compensation. Yet, things were to change dramatically and for the better, days following the beginning of the Trump-Pence administration.

Trump and Pence inherited a stumbling economy after the anemic Obama-Biden recovery and the disastrous final years of the Bush-Cheney administration. According to data from the Consumer Expenditure Survey put out by the federal Bureau of Labor Statistics, the top ten percent of households in America saw their pretax incomes decline 8.3 % from $269,644 (on average) in 2016 to $247,174 (on average) in 2017.

In stark contrast, Joe and Jill Biden saw their pretax income climb from $338,464 in 2016 to a whopping $9,578,639 in 2017 — an amount that was more than 28 times Biden pretax income for the prior year and more than twice, in just one year, total Biden pretax income for a 16 year period from 2001 through 2016.

What accounted for this enormous Biden family windfall in a single year, when even the top 10% of American households suffered pronounced declines in their pretax incomes? Initial answers found in Biden tax returns warrant further inquiry, including whether the IRS line agents trying to investigate suspicious Hunter Biden activities were restricted in plowing what appears now to be fertile ground in his father’s joint tax filings for 2017. Buried back on page 23 of a 103-page tax filing for 2017, we learn that two subchapter S corporations, each formed in 2017, somehow managed to send more than $10 million dollars together in their first partial years of operation, to the Bidens.

The first entity — CelticCapri Corp — generated $9,490,857 for the Bidens in just eleven months of existence during 2017. This total amount is more than $860,000 per month, which represents a heroic if not completely unbelievable result for a start-up. What products or services did CelticCapri provide? Who else was involved operating this business? How were other participants compensated? And, what pre-formation actions were taken before late January 2017, when CelticCapri was formally organized in Delaware? The second entity — Giacoppa Corp — made $557,882 for the Bidens in nine and one-half months, or more than $58,000 per month in a start-up year and the same sorts of questions raised about CelticCapri should be answered about Giacoppa. The American people deserve to understand why the IRS, FBI, and Department of Justice rarely target difficult-to-explain wealth-building by dynastic political families such as the Bidens and Clintons, but mount furious assaults against families like Donald Trump’s which built outsized wealth for decades, well before entering politics. Let truly serious investigations begin.

Tyler Durden
Fri, 07/28/2023 – 18:20

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‘Heat Islands’ Have City-Dwellers Swelter In A Concrete Jungle

‘Heat Islands’ Have City-Dwellers Swelter In A Concrete Jungle

With 130 million Americans under a heat advisory, and tens of millions more on watch for or received a warning of excessive heat by the National Weather Service, one group of people is especially at risk of the negative consequences of very high temperatures: city dwellers.

As Statista’s Anna Fleck reports, according to a new study by NGO Climate Central, 41 million Americans in 44 major cities – the equivalent of around half of these cities’ populations – habitually see outside temperatures in their Census tracts rise by an average of more than 8° Fahrenheit above those in surrounding areas. This is due to heat intensifying in densely populated and built-up areas that lack vegetation. For 5.7 million Americans in the studied areas, temperatures where they live even exceeded non-city temperatures by more than 10° Fahrenheit on average.

The city in the study where most people face this problem was New York, with 7.1 million people or 78 percent of inhabitants subject to these so-called heat islands. New York was also the city where the most people have to endure heat islands with average temperature increases of more than 10° F – 3.8 million – or even more than 12° F, which affect 48,000 New Yorkers.

Infographic: Heat Islands Have City Dwellers Swelter in a Concrete Jungle | Statista

You will find more infographics at Statista

Cities in the Southern United States known for their concrete jungles also ranked high on the heat island index, for example Houston, Los Angeles and Dallas.

It was Chicago, however, which subjects more people to intense heat islands where temperatures rise on average more than 10° F above those outside the city.

With 78 percent of inhabitants in heat islands, New York ranked second behind Detroit (86 percent). New Orleans came fourth at 74 percent of people living in heat islands. Miami had the highest share of people dwelling in extreme heat islands (>12°F above non-city temps): 1.5 percent, the equivalent of 12,700 people.

People experiencing heat are advised to drink plenty of water, stay in an air-conditioned area and not leave children or pets in cars. Kids, older adults as well as people with disabilities and those working outside are especially at risk for heat-related illnesses.

Tyler Durden
Fri, 07/28/2023 – 18:00

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Senate Backs Measures Tackling China Tech Investments, CCP Farmland Purchases

Senate Backs Measures Tackling China Tech Investments, CCP Farmland Purchases

Authored by John Haughey via The Epoch Times (emphasis ours),

Sen. Charles Schumer (D-N.Y.) speaks during a press conference in the U.S. Capitol in Washington on July 11, 2023. (Madalina Vasiliu/The Epoch Times)

The U.S. Senate on July 25 overwhelmingly adopted two amendments to the proposed defense budget that would require American tech companies to notify the Treasury Department of any dealings with China-based companies and to prevent entities and individuals from four nations, including China, from acquiring agricultural land anywhere in the country.

The “Protection of Covered Sectors” amendment sponsored by Sen. John Cornyn (R-Texas) and five bipartisan sponsors was adopted in a 91–6 vote while the agriculture land preemption amendment, filed by Sen. Mike Rounds (R-S.D.), also with bipartisan backing, was approved in an 89–8 tally.

Both measures are among the 872 prospective amendments filed by senators since the proposed $886.3 billion Fiscal Year 2024 National Defense Authorization Act (NDAA), or annual defense budget, advanced in a 24–1 June 23 vote.

The Democrat-majority Senate began FY24 NDAA floor deliberations on July 18 with at least 90—including 51 submitted by Republicans—amendments set for floor debate.

House Speaker Kevin McCarthy (R-Calif.) (L) and Sen. Mitch McConnell (R-Ky.) (R) speak to the press after meeting President Joe Biden and other leaders at the White House in Washington on May 16, 2023. (Madalina Vasiliu/The Epoch Times)

No ‘Culture War’ Amendments

Senate Majority Leader Chuck Schumer (D-N.Y.) aims to have the Senate’s NDAA adopted by July 28 before the upper chamber adjourns, as the House did last week, for August recess. Neither chamber convenes again until Sept. 5.

Mr. Schumer, in remarks before the somewhat languorous votes on July 25, said he and Senate Minority Leader Mitch McConnell (R-Ky.), among other chamber leaders, are developing “a second round of amendments” for floor discussion in the coming days.

The GOP-majority House on July 14 approved its preliminary version of the proposed defense budget in a 219–210 near-total partisan vote with an attached raft of “culture war” amendments unlikely to pass muster in the Democrat-controlled Senate.

Those measures include repealing the Department of Defense’s (DOD’s) abortion travel policy, prohibiting DOD health care programs from providing gender transition procedures, a DOD “Parents’ Bill of Rights,” and a host of other proposed add-ons eliminating diversity, equity, and inclusion (DEI) programs to the must-pass defense budget that is normally approved in bipartisan accord.

None of those amendments were likely to pass in the Senate so it is no surprise that the upper chamber’s proposed defense budget does not include the House’s “culture war” add-ons.

Those differences between the adopted House defense budget and the version the Senate approves will be resolved in closely-tracked (if not watched) backroom conferences between the chambers. The goal is to present one NDAA for final adoption to both chambers ideally before the new fiscal year begins on Oct. 1.

None of those House “culture war” components are in the proposed Senate NDAA, nor have any Senate versions of the House amendments thus far made it to the chamber floor.

Mr. Schumer stressed the need for speed in getting the “must pass” defense budget adopted by the end of the week for conferencing to begin and the final budget to be in place at the start of the fiscal year.

We cannot let the perfect be the enemy of good,” he said, praising what has been a smooth process so far that shows “the Senate can work productively on national defense in stark contrast to the race to the bottom we saw in the House.”

Both preliminary defense spending plans top out at the same $886.3 billion top-line figure submitted by President Joe Biden in March but vary in how that money is spent across the NDAA’s massive appropriations package. It is approximately $28 billion more than the FY23 NDAA.

Protecting American Tech, Farmland

In introducing Mr. Cornyn’s proposed amendment, Sen. Bob Casey (D-Pa.) said the measure would establish a requirement that companies notify the Treasury and Commerce departments of intent to “invest in technology sectors in countries of concern.”

The NDAA reflects “the toughest challenges that face the nation and the technological competition with China is on top of the list. The Chinese communist government doesn’t play by the rules,” Mr. Casey said.

These “outbound investments” often imperil U.S. strategic interests and essentially amount to “technology transfers” that lead to “under-investment in domestic capabilities,” he said.

Mr. Casey said in 2020 alone, American companies invested $200 billion in China for research and development into artificial intelligence programs.

“That’s just in AI,” he said, noting U.S.-based entities invested $2 billion in semi-conductor production and $50 billion in biotech. “We need a targeted response to these threats to our national security.”

Read more here…

Tyler Durden
Fri, 07/28/2023 – 17:40

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Teammates Of Trans Swimmer Lia Thomas Voiced Complaints – University Offered To “Re-Educate” Them

Teammates Of Trans Swimmer Lia Thomas Voiced Complaints – University Offered To “Re-Educate” Them

It was perhaps unfair that the teammates of trans swimmer Lia Thomas (originally William Thomas) were accused of being complicit in the destruction of women’s sports because they “refused” to speak out.  Their initial silence in the public eye was treated by some as an endorsement of biological men posing as women participating in women’s sports.  At the time, Lia Thomas was being held up by the corporate media as a hero (or heroine), the very model of the new trans-ification of sports; a rush by trans competitors into the women’s arena soon followed.  

However, the team members were trying to fight back.  And according to their recent testimony, Lia Thomas was made a priority by the University of Pennsylvania and they were given an ultimatum – Fall into line or risk being ostracized as “bigots.”  Furthermore, the women were told that they would have to share a locker room, changing facilities and bathrooms with the man, regularly forced to undress in front of him and be forced to watch him undress.  When they expressed concerns over this privacy issue, UPenn offered psychological services to “re-educate” Lia’s teammates so that they would feel more comfortable with the changing arrangements.   

The trans movement has proven time and time again to be a vehicle for censorship and thought control in the name of “protecting the feelings of marginalized people.” In reality, trans activists use a classic Marxist methodology: The exploitation of false victim status as a means to gain power over others.  And while intersectional feminism was the gateway drug to the trans movement we see today, it is now ironically women who face erasure as their entire biological reality is denied.  Hopefully the tide is turning as women speak out against dangers of trans ideology, no longer content to be used by the political left as pawns while their spaces are slowly diminished.  

Tyler Durden
Fri, 07/28/2023 – 17:20

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Jean Twenge and Elizabeth Nolan Brown: What Do Millennials Want?


Elizabeth Nolan Brown and Jean Twenge in black and white in front of a green and orange background

Today’s episode is an audio version of The Reason Livestream, which takes place every Thursday at 1 p.m. Eastern on Reason‘s YouTube channel.

A recent poll found that 44 percent of Millennials want to criminalize misgendering people, showcasing a censorial attitude that has been building among some young people for years. Many Millennials also feel left behind economically, especially compared to baby boomers and Gen Xers.

Can Millennials and boomers ever get along? Or are they creating a generational gap every bit as vast as the one between boomers and their parents? 

Today’s guests are Reason Senior Editor Elizabeth Nolan Brown, who reported on the poll and writes about generational issues, and psychologist Jean Twenge, whose new book is Generations: The Real Differences Between Gen Z, Millennials, Gen X, Boomers, and Silents–and What They Mean for America’s Future

We cover a lot of ground in this conversation, including the central role of technology in changing how we live and how we interact with people younger and older than us.

The post Jean Twenge and Elizabeth Nolan Brown: What Do Millennials Want? appeared first on Reason.com.

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Court Rejects First Amendment Challenge to School District’s Ban on Students “Misgendering” Classmates

From Chief Judge Algenon Marbley (S.D. Ohio) today in Parents Defending Education v. Olentangy Local School Dist. Bd. of Ed.:

The Board of Education for the School District has issued several policies regarding harassment, bullying, and the use of personal communication devices that are intended to “maintain an education and work environment that is free from all forms of unlawful harassment.” To that end, Policy 5517 prohibits students from engaging in discriminatory harassment or bullying based on the personal characteristics of other students, such as their race, national origin, sex, disability, religion, or ancestry. Similarly, Policy 5136 prohibits students from using their personal devices to send messages that threaten, humiliate, harass, embarrass, or intimidate other students. And lastly, the Code of Conduct prohibits speech that involves “discriminatory language,” including the intentional misgendering of transgender students—i.e., failing to address a student by their preferred pronouns….

[The Court denies plaintiff’s motion for a preliminary injunction] because [plaintiff] has failed to establish a substantial likelihood of success on its First Amendment claim.

While schoolchildren do not wholly “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” Tinker v. Des Moines Indep. Cmty. Sch. Dist. (1969), kindergarten through 12th grade (“K-12”) educators nevertheless retain “comprehensive authority … consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.” Thus, public schools are permitted to proscribe student speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others.”

The challenged speech policies fit squarely within this carve-out to schoolchildren’s First Amendment rights: they prohibit only speech that gives rise to fears of physical or psychological harm, materially affect student performance, substantially disrupt the operation of the school, or create a hostile educational environment. Ultimately, transgender youth are far too often subject to harassment and bullying in public schools. They are threatened or physically injured in schools at a rate four times higher than other students. They are harassed verbally at extraordinarily high rates. More than one in five attempt suicide.

Allowing speech that creates a hostile environment for transgender students can have devastating consequences—reinforcing feelings of isolation and inferiority, imposing substantial psychological injuries that result in decreased school attendance and performance, and heightening the risk of serious physical harm. School policies intended to reduce the pervasive harassment of transgender students, in other words, advance public schools’ mission of ensuring that all students have an opportunity to learn and grow in an environment “most conducive to speculation, experiment and creation.”

Nor do the likely merits of the Fourteenth Amendment [parental rights] claim favor PDE. The fundamental right of parents to direct the care, upbringing, and education of their children does not encompass a right “generally to direct how a public school teaches their child” or how the school disciplines their child. {There is nothing in the Policies that suggests that they prohibit parents from discussing gender identity issues with their children, or reach in some other way into the privacy of families’ homes. Nor is there any suggestion that the Policies extend to speech unrelated to school, school activities, or fellow students.} This Court, mindful that “[b]y and large, public education in our Nation is committed to the control of state and local authorities,” declines PDE’s invitation to second-guess Defendants’ efforts to combat harassment in the Olentangy Local School District….

The post Court Rejects First Amendment Challenge to School District's Ban on Students "Misgendering" Classmates appeared first on Reason.com.

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Coming Soon: Why We Can’t Have Nice Things


whywecant havenicethings169

Trade crossed with politics equals protectionism. That’s the formula for Why We Can’t Have Nice Things, a new limited-run podcast series from Reason launching on August 3.

Join host Eric Boehm over the next six weeks as he examines how markets could deliver the goods for consumers—if only the government didn’t keep getting in the way.

The show will take a deep dive into some of the frustrating and foolish parts of American trade policy, including the 1960s trade war that artificially inflated the price of pickup trucks and the government policies that contributed to last year’s worrying shortage of baby formula. These are stories about how special interests influence policy, and why all of us end up paying for it.

It’s Why We Can’t Have Nice Things. Check out the trailer for the new show below, and click here to subscribe.

The post Coming Soon: <em>Why We Can't Have Nice Things</em> appeared first on Reason.com.

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