Judge: App user not entitled to anonymity in rally case

first_imgTags :apNewsshare on Facebookshare on Twitteradd a commentGovernor appoints 4 to UC Board of RegentsHigh surf and high heat combine for a dangerous few daysYou Might Also LikeFeaturedNewsBobadilla rejects Santa Monica City Manager positionMatthew Hall9 hours agoNewsCouncil picks new City ManagerBrennon Dixson20 hours agoFeaturedNewsProtesting parents and Snapchat remain in disagreement over child protection policiesClara Harter20 hours agoFeaturedNewsDowntown grocery to become mixed use developmenteditor20 hours agoNewsBruised but unbowed, meme stock investors are back for moreAssociated Press20 hours agoNewsWedding boom is on in the US as vendors scramble to keep upAssociated Press20 hours ago HomeNewsJudge: App user not entitled to anonymity in rally case Aug. 07, 2018 at 5:00 amNewsJudge: App user not entitled to anonymity in rally caseAssociated Press3 years agoapNews A social media platform can be compelled to divulge account information belonging to a woman who anonymously chatted online about plans for last summer’s deadly white nationalist rally in Charlottesville, Virginia, a federal magistrate judge ruled Monday.U.S. Magistrate Judge Joseph Spero’s 28-page order says the woman’s First Amendment rights to anonymous speech don’t outweigh the importance of disclosing her identity to plaintiffs’ attorneys suing over the rally’s violence. Leaked Discord messages indicate the woman, identified only as “Jane Doe” in court papers, likely was involved in planning the event last August, the magistrate said.San Francisco-based Discord, an app that allows for text and voice chats, is popular with video game players. But the service also has been a communication tool for far-right extremists, including organizers of the Charlottesville rally.The woman’s attorneys had asked the San Francisco-based magistrate to quash a subpoena for Discord to turn over her account information and content of her communications to the lawyers, who filed a federal suit in Virginia against organizers of the “Unite the Right” rally last August.At the rally last summer, hundreds of people traveled to Charlottesville to participate in the rally and protest the city’s plans to remove a statue of Robert E. Lee from a park that was named after the Confederate general.Sunday is the anniversary of the deadly rally is Charlottesville, where white supremacists and counterprotesters clashed in the streets before a car plowed into a crowd, killing 32-year-old counterprotester Heather Heyer.Spero said federal law prohibits Discord from releasing the content of a message without the sender or receiver’s consent. But he ruled the plaintiffs’ interest in her account information outweighs any impact on her First Amendment rights.The magistrate noted that the woman’s personally identifying information can remain confidential, or “highly confidential” and therefore kept from plaintiffs’ lawyers, under a protective order issued in the Virginia lawsuit.The woman had asked the court to quash a subpoena for Discord to turn over subscriber information and communications belonging to at least 32 accounts. But the magistrate said the woman does not have legal standing to challenge the subpoena on behalf of other users.Lawyers for the user argued the subpoena is a “fishing expedition” designed to expose the identities and destroy the lives of people with “unpopular political views.”“Doe has a constitutional right to associate with people who think as she does and to engage in controversial political speech anonymously, and the Plaintiffs have no right to acquire her correspondence or information,” her attorneys wrote.But plaintiffs’ attorneys say the Discord chat logs are “evidence at the heart of the case” against the Charlottesville rally’s organizers, who posted instructions for participants, including what weapons to bring.Jane Doe is a self-described “political dissident” who used the handle “kristall.night” on Discord. Her alias appears to refer to the Nazis’ deadly, anti-Jewish Kristallnacht pogroms in Germany before World War II.Leaked excerpts of the Charlottesville chat logs show Jane Doe was involved in planning that weekend’s events and shared the rally organizers’ “goals of violence and intimidation and their motivation of racial animus,” plaintiffs’ lawyers claim.“She declared, ‘Without complicit whites, Jews wouldn’t be a problem,’ and ‘I hate miscegenation so much more after actually talking to mixed race people about their identity,’” they wrote.Doe’s lawyers said her statements were “nothing more than generic advice to others interested in attending” the rally.“Plaintiffs cannot violate Jane Doe’s constitutional rights simply because she holds personal viewpoints of which they disapprove,” they wrote.Plaintiffs’ attorneys served Discord with the subpoena in January. Discord had deleted data sought by the subpoena but created backup tapes that likely included that data, according to the lawyers.Doe’s lawyers said a 1958 decision by the U.S. Supreme Court held that a subpoena couldn’t be used to identify members of the NAACP because it would have a chilling effect on the First Amendment. They argue that the anonymous Discord users “may not have all the formalities of the NAACP” but are “no less an organization of like-minded individuals sharing their political beliefs and advocating for social change, no matter how noxious Plaintiffs may find this advocacy to be.”Doe is represented by Marc Randazza, a Las Vegas-based attorney who specializes in First Amendment cases. Randazza’s clients also include neo-Nazi website publisher Andrew Anglin and Infowars radio host and conspiracy theorist Alex Jones.last_img read more

Reputation For Sale, Cheap

first_img Stay Connected with the Daily Roundup. Sign up for our newsletter and get the best of the Beacon delivered every day to your inbox. My wife’s birthday was a weekend or so ago, so as a last bit of her gift (a weekend at Schnaus cabin), our youngest son and I took her to one of our favorite restaurants in the Valley.As we sat down and started to catch up on our youngest’s just-finished first semester at college, the “so, what are you gonna order” discussion began.My wife has a get-this-or-else favorite entree at this place. To my knowledge, she’s never ordered anything else in our many visits here over a period of roughly five years.This time, she asked for something else.Turns out that the last time we visited, she ordered that dish and the oh-so-tasty creamy sauce was more watery than creamy and just “didn’t seem like it used to”.My son likes that dish as well, so he ordered it despite her misgivings.Taking PrideBefore long, our food arrives and as our youngest starts to notice things that would have never flown at the fine dining/catering places where he’s worked.Chipped plates, for example. His meal arrived on a plate dotted with chips around the edges. Both mine and my wife’s plates are chipped as well.He tells us that someone with pride in their work would never serve food on chipped plates (this is a restaurant with entrees from $14-29) and that he learned that under an executive chef who apparently was pretty hard core serious about that sort of thing.He also notices that the sauce is more watery than usual and is nowhere near as perfectly seasoned as it was in the past.Later, some bread arrives and it’s burned. Not just a little too brown, but the edges are black like our cat. I don’t really mind because it’s how I prefer this particular type of bread, but he’s surprised they would serve something cooked that way. This is coming from an eighteen year old, not someone with 20 years of high-end chef experience. You might look at it as a teenager whining about this and that, but what you don’t know is that he has a strong interest in cooking, including some line and sous chef experience under some very skilled executive chefs – a couple of the best mentors in the valley in that department. Reflecting ownership“Something’s changed here”, he notes. “Do they have a new owner?”I’m not sure of the timeframe but mention that I recall a change of ownership sometime in the not too distant past. While that might not be the cause of the change in entree quality of this place’s signature dish, it doesn’t really matter because the change reflects on the owner, the manager and the head chef.The chipped plates are a symptom of, “Oh, that’s good enough”.My entrée was excellent, but the overall experience is likely to keep us away for longer than is usual. If this is a typical experience these days, and a mere five percent of diners feel this way each week, what’s that cost this restaurant over time?Good enoughWith times tight, everyone is pinching pennies and hoping dimes fall out. Likewise, it’s expected that service at every business in the valley has ramped up a little (or a lot), since they know that their competition has also turned things up a notch.Given that, what tempts folks to sell their business’ reputation for the price of a six dollar dinner plate, ten cents worth of garlic, a little black pepper and four more minutes on the burner? If you’ve invested several hundred grand in your restaurant, do you really want to sell its reputation for the price of a fast food burger? Don’t teach “good enough” to anyone. Why didn’t the server return the overcooked bread? Why didn’t the server ask the line cook about the watery sauce? Who encouraged “good enough”?Every little thing sends a message about how much you care. How much is your reputation worth? Are you willing to sell it, one customer at a time, for the price of a few slices of bread, a watery sauce or a chipped plate? That night, it sold for less than 10% of our tab. Want to learn more about Mark or ask him to write about a business, operations or marketing problem? See Mark’s site or contact him via email at mriffey at flatheadbeacon.com. Emaillast_img read more

Chart 16: COVID-19 Daily Cases By County In New Mexico

first_imgChart shows the cumulative cases of COVID-19 by county in New Mexico. Created by Eli Ben-Naim Chart shows total cumulative counts for tests, diagnoses, and deaths, as well as the number of hospitalizations per day of COVID-19 statewide in New Mexico. Created by Eli Ben-Naimlast_img

LSU signee Simmons wins Gatorade player of year award

first_imgBATON ROUGE – LSU signee Ben Simmons of Montverde Academy in Montverde, Florida, added Gatorade high school player of the year to his resume after just winning the Naismith prep player of the year less than two weeks ago.“It’s been kind of crazy, all these awards, and then on top of it getting ready for the national tournament,” Simmons said in the Orlando Sentinel. “It’s kind of hard to live in the moment and take it in. Being from Australia and coming to America and being able to accomplish that is big to me.”Simmons, a 6-foot-9 forward from Melbourne, Australia, was presented the award by nine-time NBA All-Star and former Atlanta Hawks forward Dominque Wilkins.“Ben is a well-rounded individual who has already accomplished so much on and off the court, so it’s an honor for me to welcome him into the prestigious Gatorade Player of the Year family,” Wilkins said.Simmons has averaged 28 points and 11.9 rebounds while shooting 70.7 percent from inside the arc through 29 games for Montverde. He is rated as the nation’s No. 1 recruit in the Class of 2015 by ESPN and is a 2015 McDonald’s All-American Game selection as well as a 2015 Jordan Brand Classic game invitee. During his senior year, Simmons has registered 24 double-doubles.LSU assistant coach David Patrick, who grew up in Melbourne, recruited Simmons to LSU.After his McDonald’s game appearance in Chicago on April 1, it will be off to New York City for Simmons to try to help Montverde defend its national high school championship.“Ben Simmons is an electrifying player,” said Montverde Academy head coach Kevin Boyle. “He’s a great rebounder, and he has the ability to help teammates get better. I think he’s the best high school player in the country. And the scary thing is I think he can get a lot better. He’s improved each year because he recognizes he can keep getting better.”Simmons has maintained a 3.48 GPA in the classroom and has volunteered on behalf of Basketball Buddies literacy-outreach and as part of a study skills initiative for Montverde elementary students.last_img read more