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Post by johnnybandit on Oct 23, 2024 18:04:03 GMT -5
In the car Door..
Just when you think they cannot be more stupid.... They show you how wrong you were..
On Oct. 3, TV stations across Florida received letters from the state’s Department of Health threatening prosecution if they continued airing an advertisement in support of Amendment 4, the ballot initiative that would overturn the state’s six-week abortion ban. These letters were signed by John Wilson, who was then serving as the department’s general counsel; they threatened jail time for any media outlet that refused to take down the pro-choice ad. Floridians Protecting Freedom—which sponsored the ad, along with Amendment 4 itself—filed suit against Wilson.
When their lawyers arrived at a Tallahassee courthouse for a hearing last Thursday, they were approached by Wilson’s personal attorney. According to sources in the courtroom, Wilson’s attorney offered Floridians Protecting Freedom’s legal team a declaration from her client. It was a bombshell: The document alleged that Gov. Ron DeSantis’ top advisers, not Wilson, had concocted the entire scheme to censor ads for Amendment 4. The governor’s advisers drafted the threatening letters, then compelled Wilson to sign them. Wilson sent out the first round of letters, but resigned after DeSantis’ office pressured him to send more. He was now cooperating with the plaintiffs who had sued him just 24 hours earlier. The defendant had become a whistleblower.
Hours after Thursday’s hearing, U.S. District Judge Mark Walker handed down a restraining order prohibiting the Florida Department of Health from censoring pro-choice speech. Wilson’s change of heart, though, suggests that this case will not end with a restraining order, or after the November election. His declaration points toward a plot among DeSantis and his advisers to suppress the First Amendment rights of Amendment 4’s advocates—and to do so when it matters most, in the weeks before the election. It raises the possibility that DeSantis’ lieutenants could soon find themselves in serious legal jeopardy, potentially facing down damages for personally violating the Constitution.
Wilson’s declaration points the finger at three specific officials: Ryan Newman, general counsel for the executive office of the governor; Jed Doty, deputy general counsel for the executive office of the governor; and Sam Elliott, assistant general counsel for the executive office of the governor. These three men provide a wide range of both legal and ethical advice to DeSantis. (Because they work so closely with the governor, it is hard to imagine that they would have set this plan into motion without DeSantis’ approval; nonetheless, the declaration does not state that DeSantis himself was involved.)
Wilson attested that Elliott sent him the draft letters to send to TV stations on Oct. 3 without any prior discussion. Newman and Doty then “directed” him to sign them, “under my name and on behalf of the Florida Department of Health.” A week later, Wilson resigned “in lieu of complying with directives from Newman and Doty to send out further correspondence to the media outlets.” Before he did, though, Newman “directed” Wilson “to execute contracts for outside counsel” to help “with enforcement proceedings” against outlets that continued to carry the ads. These contracts will cost the public up to $1.4 million.
The Miami Herald reported that in his resignation letter, Wilson wrote: “A man is nothing without his conscience. It has become clear in recent days that I cannot join you on the road that lies before the agency.” (Through his lawyer, Wilson declined to comment for this story.)
These revelations prompted Floridians Protecting Freedom—through its attorneys with the Elias Law Group and the American Civil Liberties Union of Florida—to dismiss Wilson as a defendant on Monday. FPF had sued Wilson in his individual capacity, seeking monetary compensation, including punitive damages, to make up for the violation of rights and “deter repetition.” By dismissing him from the suit, the group essentially acknowledged that Wilson was not the driving force behind this deprivation of constitutional liberties. It was, lawyers wrote, “unnecessary to pursue” the claims against him. That dismissal left one remaining defendant in the case, Joseph Ladapo, the DeSantis-appointed state surgeon general and head of the Florida Department of Health
But Floridians Protecting Freedom is now considering the possibility of bringing individual capacity claims against Newman, Elliott, and Doty, according to sources close to the legal team. The organization remains focused on making sure it can speak freely about Amendment 4 before the election. Down the road, though, it may file an amended complaint. And while no final decisions have been made, that complaint could name Elliott, Newman, and Doty as defendants, seeking damages from all three men for an illegal deprivation of civil rights.
Emma Olson Sharkey, an attorney representing FPF, told me that one goal of the lawsuit is to deter other states from wielding censorship tactics against sponsors of a ballot measure. “What we’ve seen in the past is that when something appears to work in one state where conservatives control the government, which is the case in Florida, we see those actions spread,” she said. “We have a concern about making sure this doesn’t spread and making sure those who conducted this are held accountable.” The legal team’s next steps, while still under consideration, will be designed to further this deeper aim.
If Floridians Protecting Freedom names DeSantis’ advisers as defendants, all three men could be in serious trouble. Federal law allows plaintiffs to collect damages from state officials who violate their civil rights. Through a doctrine known as qualified immunity, the Supreme Court has limited liability to situations in which officials violated “clearly established” law. But it is hard to think of more clearly established law than the First Amendment principles flouted in this case. Just last term, in National Rifle Association v. Vullo, the Supreme Court unanimously ruled that government officials can’t coerce third parties into suppressing an advocacy group’s speech. It is uncanny how closely Vullo tracks the facts of this case (though the case involved far subtler coercion).
“Vullo is directly on point,” Ben Stafford, another lawyer for FPF, told me. “Any official reading it would know darn well that a letter like the letter that was sent in our case was unconstitutional. Full stop.” The law here, in other words, is “clearly established” to an unusually specific degree. That means any future defendants will have serious trouble using qualified immunity to avoid liability.
In some ways, FPF has already suffered harm beyond repair. Some stations quickly stopped airing the Amendment 4 ad after receiving the state’s letter, suppressing vital speech about a matter of immense public concern. FPF will never get back the opportunities it has lost to educate the public about the amendment. Damages are meant to give a plaintiff the next best thing: compensation for irreparable wrongs that double as a deterrent against future misconduct. Win or lose in November, abortion rights advocates have a compelling reason to seek accountability from the officials who schemed to silence their speech.
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Post by biminitwisted on Oct 23, 2024 18:08:44 GMT -5
The State, (in the Soviet sense), apparently does get to decide. Just not the voters in that state. It's the GOP way.
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Post by walkerdog on Oct 23, 2024 19:44:38 GMT -5
Speaking of in the Soviet sense, the Biden mandate has entered the chat.
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Post by resinhead on Oct 23, 2024 20:26:40 GMT -5
You guys like the dick, huh? Sure looks like it.
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Post by Reptile Dysfunction on Oct 23, 2024 20:35:02 GMT -5
In the car Door..
Just when you think they cannot be more stupid.... They show you how wrong you were..
On Oct. 3, TV stations across Florida received letters from the state’s Department of Health threatening prosecution if they continued airing an advertisement in support of Amendment 4, the ballot initiative that would overturn the state’s six-week abortion ban. These letters were signed by John Wilson, who was then serving as the department’s general counsel; they threatened jail time for any media outlet that refused to take down the pro-choice ad. Floridians Protecting Freedom—which sponsored the ad, along with Amendment 4 itself—filed suit against Wilson.
When their lawyers arrived at a Tallahassee courthouse for a hearing last Thursday, they were approached by Wilson’s personal attorney. According to sources in the courtroom, Wilson’s attorney offered Floridians Protecting Freedom’s legal team a declaration from her client. It was a bombshell: The document alleged that Gov. Ron DeSantis’ top advisers, not Wilson, had concocted the entire scheme to censor ads for Amendment 4. The governor’s advisers drafted the threatening letters, then compelled Wilson to sign them. Wilson sent out the first round of letters, but resigned after DeSantis’ office pressured him to send more. He was now cooperating with the plaintiffs who had sued him just 24 hours earlier. The defendant had become a whistleblower.
Hours after Thursday’s hearing, U.S. District Judge Mark Walker handed down a restraining order prohibiting the Florida Department of Health from censoring pro-choice speech. Wilson’s change of heart, though, suggests that this case will not end with a restraining order, or after the November election. His declaration points toward a plot among DeSantis and his advisers to suppress the First Amendment rights of Amendment 4’s advocates—and to do so when it matters most, in the weeks before the election. It raises the possibility that DeSantis’ lieutenants could soon find themselves in serious legal jeopardy, potentially facing down damages for personally violating the Constitution.
Wilson’s declaration points the finger at three specific officials: Ryan Newman, general counsel for the executive office of the governor; Jed Doty, deputy general counsel for the executive office of the governor; and Sam Elliott, assistant general counsel for the executive office of the governor. These three men provide a wide range of both legal and ethical advice to DeSantis. (Because they work so closely with the governor, it is hard to imagine that they would have set this plan into motion without DeSantis’ approval; nonetheless, the declaration does not state that DeSantis himself was involved.)
Wilson attested that Elliott sent him the draft letters to send to TV stations on Oct. 3 without any prior discussion. Newman and Doty then “directed” him to sign them, “under my name and on behalf of the Florida Department of Health.” A week later, Wilson resigned “in lieu of complying with directives from Newman and Doty to send out further correspondence to the media outlets.” Before he did, though, Newman “directed” Wilson “to execute contracts for outside counsel” to help “with enforcement proceedings” against outlets that continued to carry the ads. These contracts will cost the public up to $1.4 million.
The Miami Herald reported that in his resignation letter, Wilson wrote: “A man is nothing without his conscience. It has become clear in recent days that I cannot join you on the road that lies before the agency.” (Through his lawyer, Wilson declined to comment for this story.)
These revelations prompted Floridians Protecting Freedom—through its attorneys with the Elias Law Group and the American Civil Liberties Union of Florida—to dismiss Wilson as a defendant on Monday. FPF had sued Wilson in his individual capacity, seeking monetary compensation, including punitive damages, to make up for the violation of rights and “deter repetition.” By dismissing him from the suit, the group essentially acknowledged that Wilson was not the driving force behind this deprivation of constitutional liberties. It was, lawyers wrote, “unnecessary to pursue” the claims against him. That dismissal left one remaining defendant in the case, Joseph Ladapo, the DeSantis-appointed state surgeon general and head of the Florida Department of Health
But Floridians Protecting Freedom is now considering the possibility of bringing individual capacity claims against Newman, Elliott, and Doty, according to sources close to the legal team. The organization remains focused on making sure it can speak freely about Amendment 4 before the election. Down the road, though, it may file an amended complaint. And while no final decisions have been made, that complaint could name Elliott, Newman, and Doty as defendants, seeking damages from all three men for an illegal deprivation of civil rights.
Emma Olson Sharkey, an attorney representing FPF, told me that one goal of the lawsuit is to deter other states from wielding censorship tactics against sponsors of a ballot measure. “What we’ve seen in the past is that when something appears to work in one state where conservatives control the government, which is the case in Florida, we see those actions spread,” she said. “We have a concern about making sure this doesn’t spread and making sure those who conducted this are held accountable.” The legal team’s next steps, while still under consideration, will be designed to further this deeper aim.
If Floridians Protecting Freedom names DeSantis’ advisers as defendants, all three men could be in serious trouble. Federal law allows plaintiffs to collect damages from state officials who violate their civil rights. Through a doctrine known as qualified immunity, the Supreme Court has limited liability to situations in which officials violated “clearly established” law. But it is hard to think of more clearly established law than the First Amendment principles flouted in this case. Just last term, in National Rifle Association v. Vullo, the Supreme Court unanimously ruled that government officials can’t coerce third parties into suppressing an advocacy group’s speech. It is uncanny how closely Vullo tracks the facts of this case (though the case involved far subtler coercion).
“Vullo is directly on point,” Ben Stafford, another lawyer for FPF, told me. “Any official reading it would know darn well that a letter like the letter that was sent in our case was unconstitutional. Full stop.” The law here, in other words, is “clearly established” to an unusually specific degree. That means any future defendants will have serious trouble using qualified immunity to avoid liability.
In some ways, FPF has already suffered harm beyond repair. Some stations quickly stopped airing the Amendment 4 ad after receiving the state’s letter, suppressing vital speech about a matter of immense public concern. FPF will never get back the opportunities it has lost to educate the public about the amendment. Damages are meant to give a plaintiff the next best thing: compensation for irreparable wrongs that double as a deterrent against future misconduct. Win or lose in November, abortion rights advocates have a compelling reason to seek accountability from the officials who schemed to silence their speech.
The bigger the wall of text, the bigger they have lost it and the bigger they know they are losing. I'm sure it's all incredible nuance and insight and we should all thank Johnny for this screed.
However....
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Post by johnnybandit on Oct 23, 2024 21:23:20 GMT -5
In the car Door.. Just when you think they cannot be more stupid.... They show you how wrong you were.. On Oct. 3, TV stations across Florida received letters from the state’s Department of Health threatening prosecution if they continued airing an advertisement in support of Amendment 4, the ballot initiative that would overturn the state’s six-week abortion ban. These letters were signed by John Wilson, who was then serving as the department’s general counsel; they threatened jail time for any media outlet that refused to take down the pro-choice ad. Floridians Protecting Freedom—which sponsored the ad, along with Amendment 4 itself—filed suit against Wilson. When their lawyers arrived at a Tallahassee courthouse for a hearing last Thursday, they were approached by Wilson’s personal attorney. According to sources in the courtroom, Wilson’s attorney offered Floridians Protecting Freedom’s legal team a declaration from her client. It was a bombshell: The document alleged that Gov. Ron DeSantis’ top advisers, not Wilson, had concocted the entire scheme to censor ads for Amendment 4. The governor’s advisers drafted the threatening letters, then compelled Wilson to sign them. Wilson sent out the first round of letters, but resigned after DeSantis’ office pressured him to send more. He was now cooperating with the plaintiffs who had sued him just 24 hours earlier. The defendant had become a whistleblower. Hours after Thursday’s hearing, U.S. District Judge Mark Walker handed down a restraining order prohibiting the Florida Department of Health from censoring pro-choice speech. Wilson’s change of heart, though, suggests that this case will not end with a restraining order, or after the November election. His declaration points toward a plot among DeSantis and his advisers to suppress the First Amendment rights of Amendment 4’s advocates—and to do so when it matters most, in the weeks before the election. It raises the possibility that DeSantis’ lieutenants could soon find themselves in serious legal jeopardy, potentially facing down damages for personally violating the Constitution. Wilson’s declaration points the finger at three specific officials: Ryan Newman, general counsel for the executive office of the governor; Jed Doty, deputy general counsel for the executive office of the governor; and Sam Elliott, assistant general counsel for the executive office of the governor. These three men provide a wide range of both legal and ethical advice to DeSantis. (Because they work so closely with the governor, it is hard to imagine that they would have set this plan into motion without DeSantis’ approval; nonetheless, the declaration does not state that DeSantis himself was involved.)
Wilson attested that Elliott sent him the draft letters to send to TV stations on Oct. 3 without any prior discussion. Newman and Doty then “directed” him to sign them, “under my name and on behalf of the Florida Department of Health.” A week later, Wilson resigned “in lieu of complying with directives from Newman and Doty to send out further correspondence to the media outlets.” Before he did, though, Newman “directed” Wilson “to execute contracts for outside counsel” to help “with enforcement proceedings” against outlets that continued to carry the ads. These contracts will cost the public up to $1.4 million. The Miami Herald reported that in his resignation letter, Wilson wrote: “A man is nothing without his conscience. It has become clear in recent days that I cannot join you on the road that lies before the agency.” (Through his lawyer, Wilson declined to comment for this story.)
These revelations prompted Floridians Protecting Freedom—through its attorneys with the Elias Law Group and the American Civil Liberties Union of Florida—to dismiss Wilson as a defendant on Monday. FPF had sued Wilson in his individual capacity, seeking monetary compensation, including punitive damages, to make up for the violation of rights and “deter repetition.” By dismissing him from the suit, the group essentially acknowledged that Wilson was not the driving force behind this deprivation of constitutional liberties. It was, lawyers wrote, “unnecessary to pursue” the claims against him. That dismissal left one remaining defendant in the case, Joseph Ladapo, the DeSantis-appointed state surgeon general and head of the Florida Department of Health But Floridians Protecting Freedom is now considering the possibility of bringing individual capacity claims against Newman, Elliott, and Doty, according to sources close to the legal team. The organization remains focused on making sure it can speak freely about Amendment 4 before the election. Down the road, though, it may file an amended complaint. And while no final decisions have been made, that complaint could name Elliott, Newman, and Doty as defendants, seeking damages from all three men for an illegal deprivation of civil rights. Emma Olson Sharkey, an attorney representing FPF, told me that one goal of the lawsuit is to deter other states from wielding censorship tactics against sponsors of a ballot measure. “What we’ve seen in the past is that when something appears to work in one state where conservatives control the government, which is the case in Florida, we see those actions spread,” she said. “We have a concern about making sure this doesn’t spread and making sure those who conducted this are held accountable.” The legal team’s next steps, while still under consideration, will be designed to further this deeper aim.
If Floridians Protecting Freedom names DeSantis’ advisers as defendants, all three men could be in serious trouble. Federal law allows plaintiffs to collect damages from state officials who violate their civil rights. Through a doctrine known as qualified immunity, the Supreme Court has limited liability to situations in which officials violated “clearly established” law. But it is hard to think of more clearly established law than the First Amendment principles flouted in this case. Just last term, in National Rifle Association v. Vullo, the Supreme Court unanimously ruled that government officials can’t coerce third parties into suppressing an advocacy group’s speech. It is uncanny how closely Vullo tracks the facts of this case (though the case involved far subtler coercion). “Vullo is directly on point,” Ben Stafford, another lawyer for FPF, told me. “Any official reading it would know darn well that a letter like the letter that was sent in our case was unconstitutional. Full stop.” The law here, in other words, is “clearly established” to an unusually specific degree. That means any future defendants will have serious trouble using qualified immunity to avoid liability. In some ways, FPF has already suffered harm beyond repair. Some stations quickly stopped airing the Amendment 4 ad after receiving the state’s letter, suppressing vital speech about a matter of immense public concern. FPF will never get back the opportunities it has lost to educate the public about the amendment. Damages are meant to give a plaintiff the next best thing: compensation for irreparable wrongs that double as a deterrent against future misconduct. Win or lose in November, abortion rights advocates have a compelling reason to seek accountability from the officials who schemed to silence their speech. The bigger the wall of text, the bigger they have lost it and the bigger they know they are losing. I'm sure it's all incredible nuance and insight and we should all thank Johnny for this screed. However.... Your Angst entertains me.... But I am going to enjoy your meltdown after
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Post by biminitwisted on Oct 23, 2024 21:51:04 GMT -5
^ I'd be surprised if a couple of them ever log on again after the drubbing they're about to get.
I guess they could try and recruit confederates for their next insurrection against America.
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Post by deepdropper on Oct 23, 2024 22:15:28 GMT -5
Is Resinhead trolling for some action with that line? Had kind of a George Michael, Will Rogers Park public bathroom story line to it...
Oct 23, 2024 21:26:40 GMT -4 resinhead said:
You guys like the dick, huh? Sure looks like it.
How would you know?
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Post by luapnor on Oct 23, 2024 22:23:08 GMT -5
The State, (in the Soviet sense), apparently does get to decide. Just not the voters in that state. It's the GOP way. Who decided your candidate? Looks like they let you guys down. Wonder if you can get Joe back.
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Post by biminitwisted on Oct 23, 2024 22:24:18 GMT -5
The State, (in the Soviet sense), apparently does get to decide. Just not the voters in that state. It's the GOP way. Who decided your candidate? Looks like they let you guys down. Wonder if you can get Joe back. I like my presidents under 61 years old.
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Post by Reptile Dysfunction on Oct 23, 2024 22:41:39 GMT -5
Who decided your candidate? Looks like they let you guys down. Wonder if you can get Joe back. I like my presidents under 61 years old. Nothing like moving moving those goal posts...
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Post by biminitwisted on Oct 23, 2024 22:43:43 GMT -5
You should of dumped your decrepit geriatric when you had the chance.
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Post by Reptile Dysfunction on Oct 23, 2024 22:48:09 GMT -5
Is Resinhead trolling for some action with that line? Had kind of a George Michael, Will Rogers Park public bathroom story line to it... Oct 23, 2024 21:26:40 GMT -4 resinhead said: You guys like the dick, huh? Sure looks like it. How would you know? I'm really glad to see Deep Dropper, the second or third dumbest phuck from the old FS showed up.
More cannon fodder.
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Post by deepdropper on Oct 23, 2024 22:48:19 GMT -5
Although voters across the country cast ballots for their preferred presidential candidate during the presidential primary season, it’s actually the delegates to the national party conventions who select the presidential nominees for each major party.
Jesus are some of you really that.........never mind carry on.
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Post by deepdropper on Oct 23, 2024 22:52:49 GMT -5
Oh man RD I would NEVER think taking your first place dumb Phuck position. I mean I'm thankful for the podium placement though.
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Post by Reptile Dysfunction on Oct 23, 2024 22:56:46 GMT -5
Oh man RD I would NEVER think taking your first place dumb Phuck position. I mean I'm thankful for the podium placement though. All BS aside, well done on the avatar. That's awesome!
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Post by deepdropper on Oct 23, 2024 23:05:03 GMT -5
Thanx RD I own an F-10 M5 Jahre btw via the European Delivery Program, but I don't want to trump your thunder
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Post by whitebacon on Oct 23, 2024 23:24:54 GMT -5
Who decided your candidate? Looks like they let you guys down. Wonder if you can get Joe back. I like my presidents under 61 years old. The same way you like your priests, no doubt. Those younger priests don't need the Viagra to satisfy you. You musta got tired keeping the old guys hard.
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Post by deepdropper on Oct 23, 2024 23:43:03 GMT -5
I swear it's like this guy doesn't realize he is constantly posting his daydreams.
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Post by whitebacon on Oct 24, 2024 0:43:58 GMT -5
I swear it's like this guy doesn't realize he is constantly posting his daydreams. Daydreams? Fake what? You just got here, so you can't possibly know anything about me.....but tell me.....fake what? What daydreams?
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Post by ferris1248 on Oct 24, 2024 5:23:00 GMT -5
The State, (in the Soviet sense), apparently does get to decide. Just not the voters in that state. It's the GOP way. No it's not. It's the Party of Trump way.
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Post by luapnor on Oct 24, 2024 5:53:36 GMT -5
Who decided your candidate? Looks like they let you guys down. Wonder if you can get Joe back. I like my presidents under 61 years old. I can see that...Willie Brown was just under your cutoff at 60.
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Post by resinhead on Oct 24, 2024 7:16:30 GMT -5
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Post by biminitwisted on Oct 24, 2024 12:39:29 GMT -5
The State, (in the Soviet sense), apparently does get to decide. Just not the voters in that state. It's the GOP way. No it's not. It's the Party of Trump way. You, sir, are correct.
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Post by meateater on Oct 24, 2024 15:54:25 GMT -5
so was the month long constant crying about georgia voting laws being jim crow 2 true or was it just more democrat outright lies.
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Post by meateater on Oct 24, 2024 15:56:36 GMT -5
In the car Door..
Just when you think they cannot be more stupid.... They show you how wrong you were..
On Oct. 3, TV stations across Florida received letters from the state’s Department of Health threatening prosecution if they continued airing an advertisement in support of Amendment 4, the ballot initiative that would overturn the state’s six-week abortion ban. These letters were signed by John Wilson, who was then serving as the department’s general counsel; they threatened jail time for any media outlet that refused to take down the pro-choice ad. Floridians Protecting Freedom—which sponsored the ad, along with Amendment 4 itself—filed suit against Wilson.
When their lawyers arrived at a Tallahassee courthouse for a hearing last Thursday, they were approached by Wilson’s personal attorney. According to sources in the courtroom, Wilson’s attorney offered Floridians Protecting Freedom’s legal team a declaration from her client. It was a bombshell: The document alleged that Gov. Ron DeSantis’ top advisers, not Wilson, had concocted the entire scheme to censor ads for Amendment 4. The governor’s advisers drafted the threatening letters, then compelled Wilson to sign them. Wilson sent out the first round of letters, but resigned after DeSantis’ office pressured him to send more. He was now cooperating with the plaintiffs who had sued him just 24 hours earlier. The defendant had become a whistleblower.
Hours after Thursday’s hearing, U.S. District Judge Mark Walker handed down a restraining order prohibiting the Florida Department of Health from censoring pro-choice speech. Wilson’s change of heart, though, suggests that this case will not end with a restraining order, or after the November election. His declaration points toward a plot among DeSantis and his advisers to suppress the First Amendment rights of Amendment 4’s advocates—and to do so when it matters most, in the weeks before the election. It raises the possibility that DeSantis’ lieutenants could soon find themselves in serious legal jeopardy, potentially facing down damages for personally violating the Constitution.
Wilson’s declaration points the finger at three specific officials: Ryan Newman, general counsel for the executive office of the governor; Jed Doty, deputy general counsel for the executive office of the governor; and Sam Elliott, assistant general counsel for the executive office of the governor. These three men provide a wide range of both legal and ethical advice to DeSantis. (Because they work so closely with the governor, it is hard to imagine that they would have set this plan into motion without DeSantis’ approval; nonetheless, the declaration does not state that DeSantis himself was involved.)
Wilson attested that Elliott sent him the draft letters to send to TV stations on Oct. 3 without any prior discussion. Newman and Doty then “directed” him to sign them, “under my name and on behalf of the Florida Department of Health.” A week later, Wilson resigned “in lieu of complying with directives from Newman and Doty to send out further correspondence to the media outlets.” Before he did, though, Newman “directed” Wilson “to execute contracts for outside counsel” to help “with enforcement proceedings” against outlets that continued to carry the ads. These contracts will cost the public up to $1.4 million.
The Miami Herald reported that in his resignation letter, Wilson wrote: “A man is nothing without his conscience. It has become clear in recent days that I cannot join you on the road that lies before the agency.” (Through his lawyer, Wilson declined to comment for this story.)
These revelations prompted Floridians Protecting Freedom—through its attorneys with the Elias Law Group and the American Civil Liberties Union of Florida—to dismiss Wilson as a defendant on Monday. FPF had sued Wilson in his individual capacity, seeking monetary compensation, including punitive damages, to make up for the violation of rights and “deter repetition.” By dismissing him from the suit, the group essentially acknowledged that Wilson was not the driving force behind this deprivation of constitutional liberties. It was, lawyers wrote, “unnecessary to pursue” the claims against him. That dismissal left one remaining defendant in the case, Joseph Ladapo, the DeSantis-appointed state surgeon general and head of the Florida Department of Health
But Floridians Protecting Freedom is now considering the possibility of bringing individual capacity claims against Newman, Elliott, and Doty, according to sources close to the legal team. The organization remains focused on making sure it can speak freely about Amendment 4 before the election. Down the road, though, it may file an amended complaint. And while no final decisions have been made, that complaint could name Elliott, Newman, and Doty as defendants, seeking damages from all three men for an illegal deprivation of civil rights.
Emma Olson Sharkey, an attorney representing FPF, told me that one goal of the lawsuit is to deter other states from wielding censorship tactics against sponsors of a ballot measure. “What we’ve seen in the past is that when something appears to work in one state where conservatives control the government, which is the case in Florida, we see those actions spread,” she said. “We have a concern about making sure this doesn’t spread and making sure those who conducted this are held accountable.” The legal team’s next steps, while still under consideration, will be designed to further this deeper aim.
If Floridians Protecting Freedom names DeSantis’ advisers as defendants, all three men could be in serious trouble. Federal law allows plaintiffs to collect damages from state officials who violate their civil rights. Through a doctrine known as qualified immunity, the Supreme Court has limited liability to situations in which officials violated “clearly established” law. But it is hard to think of more clearly established law than the First Amendment principles flouted in this case. Just last term, in National Rifle Association v. Vullo, the Supreme Court unanimously ruled that government officials can’t coerce third parties into suppressing an advocacy group’s speech. It is uncanny how closely Vullo tracks the facts of this case (though the case involved far subtler coercion).
“Vullo is directly on point,” Ben Stafford, another lawyer for FPF, told me. “Any official reading it would know darn well that a letter like the letter that was sent in our case was unconstitutional. Full stop.” The law here, in other words, is “clearly established” to an unusually specific degree. That means any future defendants will have serious trouble using qualified immunity to avoid liability.
In some ways, FPF has already suffered harm beyond repair. Some stations quickly stopped airing the Amendment 4 ad after receiving the state’s letter, suppressing vital speech about a matter of immense public concern. FPF will never get back the opportunities it has lost to educate the public about the amendment. Damages are meant to give a plaintiff the next best thing: compensation for irreparable wrongs that double as a deterrent against future misconduct. Win or lose in November, abortion rights advocates have a compelling reason to seek accountability from the officials who schemed to silence their speech.
no memes or mention of cocks, nobodies reading this stupid long ass shit.
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Post by johnnybandit on Oct 24, 2024 17:30:18 GMT -5
The State, (in the Soviet sense), apparently does get to decide. Just not the voters in that state. It's the GOP way. No it's not. It's the Party of Trump way. This!!!!! The GOP no longer exists... I rode the fucking elephant out of the building when I left...
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Post by Captj on Oct 25, 2024 5:39:39 GMT -5
Just DeSatan trying to outtRump tRump. Doesn't realize how he's painting himself into a corner politically. A shame that everything done by the right is meant to erode our constitutional rights. Very unAmerican. And morally deficient.
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