Friday, July 7, 2017

Montana Fire, New CDC Director, Right to Record Police, Free Speech

Montana InciWeb: July Fire
“EVACUATION NOTICE: The evacuation notice for Landusky area residents is still in place. The team will be working closely with the county sheriff department to assess fire-related risks. The county sheriff office will allow homeowners back into the community as soon as it is deemed safe. As of 11 pm on July 6th, one outbuilding near Landusky was destroyed by the fire but no other structures were severely affected. Public Information Officers will be providing updates and more information on the status of evacuated properties as the information becomes available.”

Secretary Price Appoints Brenda Fitzgerald, M.D., as CDC Director and ATSDR Administrator
“Dr. Fitzgerald has been the commissioner of the Georgia Department of Public Health (DPH) and state health officer for the past six years. She replaces Dr. Anne Schuchat, who has been the acting CDC director and acting ATSDR administrator since January 20. Dr. Schuchat is returning to her role as CDC’s principal deputy director.”

“This case involves retaliation. Richard Fields and Amanda Geraci attempted to record Philadelphia police officers carrying out official duties in public and were retaliated against even though the Philadelphia Police Department’s official policies recognized that “[p]rivate individuals have a First Amendment right to observe and record police officers engaged in the public discharge of their duties.” J.A. 1187. No party contested the existence of the First Amendment right. Yet the District Court concluded that neither Plaintiff had engaged in First Amendment activity because the conduct—the act of recording—was not sufficiently expressive. However, this case is not about whether Plaintiffs expressed themselves through conduct. It is whether they have a First Amendment right of access to information about how our public servants operate in public.”

SC19717 - State v. Baccala

“Held that the defendant’s conviction of breach of the peace in the second degree on the basis of pure speech constituted a violation of the first amendment to the United States constitution, as the defendant’s speech, unaccompanied by threats, did not fall within the narrow category of unprotected fighting words…” SC19717 Concurrence - State v. Baccala

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