U.S. District Judge Roy Altman last week issued a stay in the challenge filed on behalf of a Broward County transgender girl who is in middle school. The lawsuit contends that the ban, passed by lawmakers last year, is unconstitutional and violates a federal law known as Title IX, which prohibits discrimination based on sex in education programs.
Rights & Liberties
In Trial Over Florida’s New Voting Law, Past Suppressions at Ballot Box Reverberate Anew
Post-Reconstruction history, first-hand narrative and statistics have laid the foundation this week in a legal challenge to a state election law that plaintiffs say will curtail Black and Hispanic Floridians’ ability to cast ballots and register to vote.
Florida Judge Attacks Landmark 1st Amendment Decision Protecting Press as ‘Wrongfully Decided’
Judge Brad Thomas of the 1st District Court of Appeal wrote an 11-page concurring opinion that took aim at the Supreme Court’s 1964 New York Times v. Sullivan ruling, which, in part, required that public officials prove “actual malice” to prevail in defamation lawsuits. But the concurrence’s reasoning and citations lack context.
Sheriff Adds 160 Palm Coast Field Cameras at Parks and Other Facilities to Growing Surveillance Network
The Palm Coast City Council Tuesday voted to grant the Flagler County Sheriff untrammeled live access to the city’s 160 non-traffic surveillance cameras. Those cameras are not part of the sheriff’s license plate readers, which were installed a few years ago. The cameras in question in the latest agreement are all those located at city parks, City Hall, city facilities like its utilities department, including water and sewer plants, or public works department and other city-owned locations.
Facial-Recognition Technology’s Worrisome Government Uses
The U.S. stands at the edge of a slippery slope, and while that doesn’t mean facial recognition technology shouldn’t be used at all, it does mean that the government should put a lot more care and due diligence into exploring the terrain ahead before taking those critical first steps.
Dear Chairman Tucker: Don’t Appease School Board’s Crackpots
School Board members Janet McDonald and Jill Woolbright are directly and exclusively responsible for the board’s degradation into binges of deceit and zealotry. Until they have their third vote, it’s in Chairman Trevor Tucker’s power to re-assert the reality-based majority he speaks for. Anything less is appeasement–or complicity.
League of Women Voters President Blasts Florida’s Shackling Voting Law on 1st Day of Trial
League of Women Voters of Florida President Cecile Scoon testified Monday in federal court that Florida’s new election laws — adopted in 2021 Senate Bill 90 — makes voter-registration drives, voting by mail, and rendering basic assistance to voters in line needlessly difficult, resulting in voting suppression.
FPC’s Jack Petocz Is Featured at Length in Page One New York Times Story on Schools’ Book Bans
Jack Petocz, the Flagler Palm Coast High School senior who organized last November’s protest against two local school board members’ attempt to ban books from school libraries, is featured today in a Page One New York Times article that examines a surge of attempted and actual book bans in school districts across the country, including in Flagler.
Secret College Presidential Searches in Florida Would Open the Way to Corruption, Nepotism and Cronyism
Once again, certain legislators want to exert more control — not less — over the thoughts, actions and beliefs of local Floridians who are seeking higher education to improve their lives and the lives of their families.
Are Lawmakers Seeking to Censor Discussions of Race and Gender in Classrooms and the Workplace?
With such things as critical race theory and sensitivity training targeted, much of the debate and public testimony centered around the bill’s effect on schools and whether it would curtail frank discussions about United States history and race.
Retiring Nice-Guy Approach, Flagler County Will Sue 2 Flagler Beach Property Owners Over Dunes Project
Facing an ultimatum from the U.S. Army Corps of Engineers, the county will sue two Flagler Beach property owners to secure beachside easements necessary to allow the U.S. Army Corps of Engineers to proceed with a long-delayed dune-rebuilding project along 2.6 miles of beach in the city. The county had been threatening just such action for 15 months, but was hoping to avoid it.
Dismissing ‘Slippery Slope of Censorship,’ GOP Senators Back Stricter Scrutiny of School and Library Books
The proposal (SB 1300) would change the review process for books and other learning materials, adding requirements and making it more open to the public but also enabling regular purges of book lists to align them with standards or if the books are considered out of date.
Convict Slavery: The 13th Amendment’s Fatal Flaw
The 13th Amendment, considered one of the crowning achievements of American democracy, set “free” an estimated 4 million enslaved people and seemed to demonstrate American claims to equality and freedom. But the amendment did not apply to those convicted of a crime.
Republicans’ Historical Amnesia on Voting Rights
A Trumpified Republican Party that’s left the legacy of Abraham Lincoln far behind, is still flipping Democrats the Byrd as it stands steadfastly in the way of the voting rights legislation that’s now slowly and torturously making its way through Congress.
Federal Judge Slams UF Over Muzzling Professors: ‘Stop Acting Like Your Contemporaries in Hong Kong’
In a scathing ruling Friday, Chief U.S. District Judge Mark Walker blocked the University of Florida from enforcing a controversial conflict-of-interest policy that gave school administrators discretion over allowing professors to serve as expert witnesses in litigation.
Supreme Court Rejects Trump’s Blocking of Jan. 6 Documents: 3 Takeaways
In a legal blow for Donald Trump, the Supreme Court has indicated a willingness to protect a constitutional system that can ensure transparency and accountability by legitimizing legislative branch oversight over the executive.
GOP Lawmakers Back Prohibition on Innumerable Ballot Initiatives
Florida voters in recent years have approved high-profile initiatives about issues such as raising the minimum wage and broadly legalizing medical marijuana. Such initiatives would be barred in the future if the House proposal is ultimately approved.
Flagler School District Library Plan: Parents May Ban Books for Their Own Kids, But Not Others
Book bans may be a thing of the past in Flagler County schools as the district today presented a library opt-out provision for prohibitive parents, while leaving access free to all books for all other students. The approach, as draconianly restrictive for those who want to exercise it and as liberal as a university library’s open-stack policy for the freer-minded could, in effect, make even book challenges moot.
Martin Luther King Jr.’s Radical Message Is Betrayed With Focus on ‘Dream’
Martin Luther King Jr., the “civil saint” portrayed nowadays was, by the end of his life, a social and economic radical, who argued forcefully for the necessity of economic justice in the pursuit of racial equality.
Seditious Conspiracy in Jan. 6 Capitol Attack Faces 1st Amendment Hurdle
The seditious conspiracy charges announced by the Department of Justice against Stewart Rhodes raise the stakes and political temperature of the Jan. 6 investigation, and give rise to serious First Amendment concerns about the rights of others protesting government actions down the road.
Federal Judge Ridicules UF Attorney’s Attempt to Smear Professors in Conflict-of-Interest Battle
In a fiery hearing Friday, a federal judge excoriated a lawyer for the University of Florida who accused political science professors of having “misled” the court in a lawsuit challenging the school’s conflict-of-interest policy.
Senate Panel Backs Change That Would Make Drug Overdose Prosecutions Easier
A bill that seeks to change the burden of proof in first-degree murder cases involving drug overdose deaths began moving through the Senate on Monday as the 2022 legislative session is set to kick off. The measure (SB 190), sponsored by Sen. Jason Brodeur, R-Sanford, was approved in a 7-3 vote by the Judiciary Committee.
I Saw Firsthand What It Takes to Keep Covid Out of Hong Kong. It Felt Like a Different Planet.
On a visit to Hong Kong, reporter Caroline Chen encountered a 21-day quarantine, a bevy of Covid tests, universal masking and, finally, a fear-free family holiday. Hong Kong’s quarantine procedures are among the strictest in the world. The city is committed to a “zero-Covid” policy, which means it will take every possible measure to prevent a single case.
May a Christian Flag Fly at City Hall? Supreme Court Will Decide
On Jan. 18, 2022, the Supreme Court will hear oral arguments in Shurtleff v. Boston. The case addresses whether the city violated the First Amendment by denying a request to temporarily raise the Christian flag on a flagpole outside City Hall, where Boston has temporarily displayed many secular organizations’ flags.
See the Truth, America, Biden Urges as he Blasts Trump’s ‘Dagger at the Throat of Democracy’
Biden’s speech of Jan. 6, 2022, is of interest not only because of the circumstances that led to its being necessary, but also because of the visual language it employed. The speech expressed a powerful faith in the plain truth. It asked Americans to believe their own eyes. That reflects a long philosophical tradition in Western culture equating sight or light with the truth.
School Board’s Woolbright Objects to Citing “Hate Groups” in Statement Denouncing Hate, and Blames “All Groups”
Flagler County School Board member on Tuesday objected to including the words “hate group” in a denunciation of hate against students, and in a stunning equivalence, said she witnessed “poor behavior” from “all groups,” in essence equating students protesting book bans in November with a group of adults who turned out to taunt, insult and hurl threats at them.
Not All Polarization Is Bad, But the US Could Be in Trouble
For the first time, the United States has been classified as a “backsliding democracy” in a global assessment of democratic societies by the International Institute for Democracy and Electoral Assistance, an intergovernmental research group. One key reason the report cites is the continuing popularity among Republicans of false allegations of widespread voter fraud in the 2020 presidential election.
Adieu, 2021: Sadness, Anger and Gratitude in a Year of Miscarriages
“I am awash with emotions today–everything from sadness to anger to gratitude at this year end,” writes Chris Goodfellow as he bids farewell to 2021. “We have learned nothing in terms of our choices, behaviors and most critically our capacity for unity in face of a threat.”
Trump Troll Chronicles: Bob Woodward’s Peril
Bob Woodward’s and Robert Costa’s “Peril,” third in the trilogy of Woodward’s books on the Trump administration, isn’t history. It’s most revealing in what it does not say. It’s tragicomedy. It’s a chronicle of trash foretold. And it’s prediction. The worst is ahead.
Desmond Tutu, Father of South Africa’s ‘Rainbow Nation’
Archbishop Emeritus Desmond Mpilo Tutu has died at the age of 90. He earned the respect and love of millions of South Africans and the world. He carved out a permanent place in their hearts and minds, becoming known affectionately as “The Arch.”
Liberal Flagellant: George Packer’s Last Best Hope
George Packer’s “The Last best Hope,” published in June, attempts to explain how the United States devolved into the furies of Donald Trump’s last year–the pandemic, the BLM marches, the Jan. 6 insurrection–by diagnosing four separate Americas that no longer communicate. It’s a dour, guilt-ridden book by a liberal looking for penance in all the wrong places.
Gov. DeSantis Seems Hellbent on Taking Us Back to the ’60s — the 1860s
Gov. Ron DeSantis likes to call this the “Free State of Florida.” If he hasn’t yet wrapped himself in the Tenth Amendment or threatened secession, it’s only because he’s been too busy playing soldiers, organizing his private battalion, rewriting the past, and trying to destroy democracy.
Our Thirty Years’ War: Schlesinger’s The Disuniting of America
What historian Arthur Schlesinger had detected in 1992 in a few trends is now orthodoxy–from both sides, neither for the better. The “ethnic rage” of diversity-preaching liberals and the fundamentalist, doctrinaire “monoculturalism” of conservatives has the country in a state of paralysis. Schlesinger wanted a renewed melting pot. But that’s not the solution.
He Was Filming on His Phone. Then an Officer Attacked Him and Charged Him With Resisting Arrest.
Police can arrest people for “cover charges,” like resisting arrest, to justify their use of excessive force and shield themselves from liability. In Jefferson Parish, Louisiana, 73 percent of the time someone is arrested on a “cover charge” alone, they’re Black.
Louis C.K.: Sexual Misconduct, Cancel Culture and the Pursuit of Justice
Cancel culture, as a type of internet vigilantism appears fundamentally incompatible with the actualization of restorative justice because it is oriented to punishment and exclusion, leaving no space for dialogue or personal change.
Proposal to Let Death Row Inmates Represent Themselves on Appeal Sparks Sharp Opposition
The proposal, which was released in May, has spurred opposition from a wide range of groups that argue Death Row inmates are not qualified to represent themselves in the often-complicated proceedings, including many inmates who have mental illnesses.
Teaching to Transgress: bell hooks Will Endure
As a leading Black intellectual, hooks pushed the feminist movement beyond the preserve of the white and middle-class, encouraging Black and working class perspectives on gender inequality. She taught us about white supremacist capitalist patriarchal values – giving both the words to define it and the methods to dismantle it.
New York City Will Allow 800,000 Non-Citizens Right to Vote in Local Elections
Nationwide, 14 municipalities allow noncitizens to vote, including two Vermont cities that approved similar measures earlier this year. San Francisco allows noncitizens to vote in school board elections, while nine Maryland towns permit noncitizen voting in local elections.
Grace from the Crime of Punishment
Under the appealing but misguided credo of victims’ rights, prosecutors reach plea deals giving disproportionate weight to what the victim’s family wants. The defendant can end up either with a savior, as Joey Renn did this week in Flagler, or, more often, a gang of rage. A person’s fate should never depend on a dice throw between grace and vigilantism.
The Problems With Banning Cell Phones in the Workplace
Bans on employees using cellphones are relatively common in workplaces such as factories, farms and fast-food chains. Such employer rules are legal, and there is relatively little that employees can do about it. But different situations have indicated the necessity for workers to have access to their phones, for safety’s sake.
DeSantis Ramps Up Inaccurate Anti-Asylum Rhetoric In Legally-Dubious Assault on Federal Policy
Gov. Ron DeSantis wants the Legislature to give him $8 million to ship asylum seekers transported by the Biden administration into Florida off to other states in an expanding initiative against what the governor inaccurately calls President Joe Biden’s “open borders policy.” Republicans’ overall complaint vastly distorts Biden’s policy, according to an analysis published by the libertarian Cato Institute.
Democrats’ Failure to Protect Abortion Rights
Conservative Republicans started prioritizing a high court takeover, with the explicit aim of ending legal abortion, more than 40 years ago. Democrats and progressives stuck their heads in the sand. Women, denied autonomy over their own bodies, are poised to pay the biggest price.
‘It’s Stressful to Kill Somebody’: Health Workers Behind Assisted Dying
New legislation in Britain laying groundwork for legalizing assisted dying are part of a wider international movement towards formally allowing some form of assisted dying. That means addressing how and whether healthcare professionals will be involved in facilitating assisted dying, and the effect this may have on them.
Sondheim’s ‘Assassins’ and the Bizarre Role of Guns in American Culture
Stephen Sondheim, who died on Nov. 26, 2021, had a knack for using stage and song to explore America’s dark, violent underbelly. “Assassins” is a collective biography of the historical figures who attempted to assassinate U.S. presidents, four of them successfully.
Banning LGBTQ-Themed Books From Flagler Schools Is an Attempt to Erase Students Like Me. We Will Not Stand For It.
Linking the vile and threatening language his student-led demonstration drew outside a school board meeting in November to the superintendent’s decision to ban an LGBTQ-themed book for now, Jack Petocz, a student at Flagler Palm Coast High School, calls on the superintendent to reconsider the decision and consider its consequences.
Superintendent’s Decision: ‘All Boys Aren’t Blue’ Banned for Now, Other Books Return to Library Shelves
Following the challenges of four titles by Flagler School Board member Jill Woolbright and a review by a book-challenge committee, the superintendent decided to return three of the four titles to their shelves but withhold a fourth pending new protocols that could still provide access.
UF Board Chairman Mori Hosseini Blasts Professors Testifying Against New Election Law
During a meeting Friday, UF Board of Trustees chairman Mori Hosseini led the charge in sharply criticizing the professors and rallying around university President Kent Fuchs, though Hosseini appeared to misunderstand the scope of professors’ academic freedom.
Committee Reviewing Books 2 Board Members Want Banned Completes Its Work as District Sounds Out Librarians
The findings of a committee judging the appropriateness of four books for school libraries are expected imminently, as new book challenges have been filed and the Flagler district’s eight librarians were interviewed by district staff about their practices.
Supreme Court Will Eviscerate Roe v. Wade But Signals Split on What Comes Next
The Supreme Court justices signaled a major shift on abortion law in arguments on a Missouri case today but the six conservative justices who hold the majority in the highest court seemed divided: Would they overturn the core right to abortion entirely or would they allow abortion to be limited by the states to the early stages of pregnancy?
American Library Association Condemns Broad Censorship of Books on Race and LGBTQ in Schools and Libraries
Some individuals and officials say the voices of the marginalized have no place on library shelves. Including in Flagler, they have launched campaigns demanding the censorship of books and resources that mirror the lives of those who are gay, queer, or transgender, or that tell the stories of persons who are Black, Indigenous or persons of color.