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Rights & Liberties

Police Drones Are Banned from Florida Skies Absent a Warrant or Other Exceptions

April 17, 2013 | FlaglerLive | 3 Comments

The bill (SB 92) prevents law enforcement use of drones unless a judge has issued a warrant, or in cases where there is a “high risk of terrorist attack,” or a case of imminent danger, such as in a missing person case where the person is thought to be in immediate danger.

Duping Court Ruling, Florida Replacing Life Juvenile Sentencing With 50-Year Minimum

April 17, 2013 | FlaglerLive | 4 Comments

Legislation aimed at putting Florida in line with a U.S. Supreme Court ban on automatic life sentences for juvenile murderers cleared a House panel Tuesday, but with a 50 year minimum sentence that opponents say may keep the state’s law at odds with the court’s aim.

Revenge Porn: Florida Lawmakers Take National Lead in Battling Bullying’s New Virus

April 16, 2013 | FlaglerLive | 7 Comments

In a more lurid consequence of sexting, Florida women and girls have been targeted by revenge porn–the online posting of nude images without the victim’s consent–in several documented instances, leading the Legislature to seek to criminalize the practice as a second or third-degree felony.

Florida Voter Group Argues for a Free Speech Right to Secrecy and Unregulated PACs

April 15, 2013 | FlaglerLive | 2 Comments

The state says it is justified in requiring disclosures of information about political action committee contributions and expenditures. Plaintiffs, arguing their case before a federal appeals court Tuesday, say they should be free to express themselves on political issues without registering as a committee and filling out campaign documents.

Dear Sheriff Manfre: Why Are Deputies So Quick to Shoot Animals–and Leave Them?

April 11, 2013 | FlaglerLive | 43 Comments

A sheriff’s deputy shot and killed a raccoon found to be sickly in Palm Coast’s R-Section this morning, leaving it in a lot, triggering a letter of concern from a resident to Sheriff Manfre about a routine practice among local law enforcement in the disposition of ailing animals.

“Illegal Immigrants” No More:
The Associated Press Ends the Slur

April 11, 2013 | FlaglerLive | 31 Comments

Calling them “illegal immigrants” offends immigrants and American values. “Illegal” is a loaded term that has polluted the immigration debate for too long. It isn’t a question of mere political correctness. It’s about accuracy, fairness, and respect, argues Raul Reyes.

Invitation to an Execution

April 10, 2013 | FlaglerLive | 16 Comments

Larry Eugene Mann was executed at Starke state prison Wednesday evening at 6 p.m. by lethal injection. I traveled to Starke with a Catholic Church group to witness the vigils–pro and con–outside the prison grounds.

Should Teachers Be Able to Spy on Students’ Study Habits?

April 9, 2013 | FlaglerLive | 10 Comments

An electronic-textbook company called CourseSmart lets teachers track whether and how their students are reading assigned textbooks, allowing them to tack on “engagement index” scores to the students’ performance. It’s the latest form of intrusion in private habits driven more by marketing and gimmickry than good intentions.

Facebook Effect: For Workers On or Off the Job, Individual Rights Are Dead

April 7, 2013 | Pierre Tristam | 20 Comments

Employers’ presumptions on workers’ behavior on and off the job have more in common with the inquisition or police states than with the bill of rights. Transgressors are routinely humiliated, silenced, censured or fired over speech or behavior companies should have no right to police.

In a Shift, Sen. Bill Nelson Now Endorses Gay Marriage as an “Unalienable Right”

April 5, 2013 | FlaglerLive | 21 Comments

Florida Sen. Bill Nelson is the 51st senator to come out in favor of gay marriage. Only two Republicans have joined 49 Democrats ahead of a pair of decisions later this spring by the U.S. Supreme Court on the legality of two related measures, including the federal Defense of Marriage Act.

Democratic Lawmakers Complain that Gun-Control Proposals Are Being Silenced

April 2, 2013 | FlaglerLive | 10 Comments

No one expects any major gun control legislation to pass in Florida’s GOP-controlled Legislature, but Rep. Cynthia Stafford said there should be at least a discussion of the issue. There hasn’t been much of one.

Don’t Cram Your Heterosexuality Down My Throat

March 31, 2013 | Pierre Tristam | 40 Comments

Several years ago around Christmas I was standing at a Walmart checkout counter with my son when a stranger behind me felt compelled to make me his homophobia’s bosom buddy. “What’s wrong with that?” I told him. “My son is gay.” My son was 2 at the time.

FAU Stomps on Academic Freedom Over Jesus Controversy as Scott Fans Fanaticism

March 28, 2013 | FlaglerLive | 11 Comments

Florida Atlantic University Professor Deandre Poole’s assignment involving the word “Jesus” on the floor drew in a politically motivated protest from Gov. Rick Scott while the university gave in to his demand that the lesson not be taught anymore.

In a Decision With Local Sway, Federal Court Upholds Prayers Before Government Meetings

March 27, 2013 | FlaglerLive | 1 Comment

The 11th U.S. Circuit Court of Appeals, which has jurisdiction over all of Florida, ruled that the Lakeland City Commission’s custom of opening meetings with a prayer was constitutional, though the court sidestepped the city’s focus on Christian prayers, and its closed door to atheists, agnostics, humanists or other non-clergy representatives.

In Florida Case, U.S. Supremes Strike Down Drug-Sniffing Cop Dogs Outside of Home

March 26, 2013 | FlaglerLive | 6 Comments

The U.S. Supreme Court’s 5-4 ruling in Florida v. Jardines is the second out of the state dealing with how search and seizure limits under the U.S. Constitution affect the ability of police to use sniffer dogs to find drugs.

No Drones Over Flagler, Sheriff Pledges, as He Details 16 Arrests from Latest Drug Sweep

March 26, 2013 | FlaglerLive | 21 Comments

Sheriff Jim Manfre said he won’t seek to arm the Flagler Sheriff’s Office with surveillance drones, remarks he made in the context of a sweep of drug-dealing suspects arrested Tuesday following a two-month investigation based on surveillance and residents’ tips.

Banning Internet Cafes While Gambling on Guns

March 24, 2013 | FlaglerLive | 24 Comments

Florida is quick on the trigger to ban Internet cafes, which have never killed anyone, but is doing nothing to rein in the state’s worship of guns, while 191 people have been killed by firearms in this state alone since the Newtown massacre.

Exonerated Death Row Inmates Tell Flagler Beach Group of an Enduring Florida Injustice

March 23, 2013 | FlaglerLive | 23 Comments

In turns moving, startling and informative, a day-long workshop on the death penalty in Flagler Beach, featuring two exonerated men, urged an assembly of 60 to more actively get involved in a movement to abolish capital punishment in Florida.

In the Trenches: Anger and Questions From Doctors Who Treat Gunshot Victims

March 22, 2013 | FlaglerLive | 1 Comment

In Colorado, where more people die from gunshots than car crashes, the victims have a profound effect on the physicians who treat them. For some of the doctors on the front lines, the experiences lead to a strong opposition to guns, questions about gun laws and even activism.

The Death Penalty Comes to Flagler Beach: Saturday Workshop Takes On “Broken System”

March 19, 2013 | FlaglerLive | 19 Comments

The workshop between 10 a.m. and 3 p.m. Saturday, March 23, at Santa Maria Del Mar’s Community Hall, will feature former death row inmates Herman Lindsey (exonerated in 2006) and Seth Penalver (2012), along with several other death penalty experts and advocates for the repeal of Florida’s capital punishment.

Bill Forbidding Local Governments from Passing Sick-Day Ordinances Advances

March 18, 2013 | FlaglerLive | Leave a Comment

The proposed law, by Sen. David Simmons, is intended to thwart efforts to pass labor-friendly laws in local governments, since state-level labor reform is beyond reach with the anti-labor, GOP-led Florida Legislature.

Responding to ACLU, Manfre Restores His Own More Permissive Jail Mail Policy

March 15, 2013 | FlaglerLive | 8 Comments

Flagler County Sheriff Jim Manfre has rescinded a policy that for the last two years, under Sheriff Don Fleming, prohibited inmates at the county jail from receiving letters at all, or writing letters longer than two pages.

Sunshine Week: Improving State Legislatures’ Transparency

March 12, 2013 | FlaglerLive | Leave a Comment

Think about the American Legislative Exchange Council’s secret lobbying in favor of “Stand Your Ground” legislation to at least 15 states. Lobbyists were backed by corporate special interests – a fact the public was left in the dark about. Additionally, there was little way to easily track how this law was passed in Florida. That’s just one example of the kind of copycat legislation peddled to state legislatures.

Sheriff’s Ex-PIO Files Sex Discrimination Grievance Over 35% Pay Cut and Demotion

March 7, 2013 | FlaglerLive | 42 Comments

Sheriff Manfre had hired Debra Johnson as his public information officer in 2001, only to demote her to assistant PIO and cut her pay in January, triggering one in a series of grievances in a mounting backlash against the new sheriff’s aggressive remaking of the agency.

Lawmakers File Bill to Require Background Checks on All Gun Buys, Closing Loophole

March 7, 2013 | FlaglerLive | 12 Comments

Rep. Lori Berman said Wednesday that about 40 percent of gun sales are at gun shows or done on the Internet, allowing the buyer to complete the purchase without going through any background screening as would be required at a storefront gun dealership.

Israel’s Apartheid Bus Lines

March 7, 2013 | FlaglerLive | 12 Comments

Israel’s transportation ministry gave in to Israeli colonists’ demands that they not have to ride buses with Palestinians, and started two segregated bus lines for Palestinians only.

Jeb Bush Backtracks on Undocumented Immigrants’ Path to Citizenship

March 6, 2013 | FlaglerLive | 3 Comments

Bush was once considered the most moderate and visionary Republican on immigration. Now, his immigration reform ideas place him to the right of Republican Sen. Marco Rubio, who leads the immigration reform effort in the U.S. Senate.

Lawmakers Want to Speed Up Executions of Florida’s 404 Death Row Inmates

March 6, 2013 | FlaglerLive | 10 Comments

The proposed constitutional amendment would shift power from the courts system to lawmakers to set rules about what are known as “post-conviction” appeals in death-penalty cases.

Bill Would Require Warrant for Now-Routine Cell Phone Searches and Electronic Tracking

March 5, 2013 | FlaglerLive | 4 Comments

Currently, police can search the possessions – including the contents of a personal electronic device – of someone who is arrested. The bill would require a warrant except under certain circumstances, including scenarios related to national security and missing children.

Lawmakers Considering Arming Teachers and Adding Warning Shots to Stand Your Ground

March 3, 2013 | FlaglerLive | 13 Comments

Florida’s self defense law would say people can fire warning shots to fend off attackers without fear of prosecution and teachers would be able to pack heat on campus under bills now before legislators.

How Mom’s Death Changed My Thinking About End-of-Life Care

March 2, 2013 | FlaglerLive | 6 Comments

None of his years of reporting had prepared Charles Ornstein for this moment, this decision–whether, and when, to let his mother die. In fact, he began to question some of his assumptions about the health-care system.

Proposed Law Would Curtail Palm Coast’s Ability to Convict Red-Light Camera Violators

March 1, 2013 | FlaglerLive | 41 Comments

The proposed law, by Sen. Joseph Abruzzo, would shift the burden of proof of a red-light violation to the government imposing the fine, it would eliminate citations for right-turns on red, and it would require a live, government representative at hearings to prove that a violation took place.

Gov. Scott Loses Welfare Drug-Testing Case Again, But Vows to Fight On to Supreme Court

February 27, 2013 | FlaglerLive | 11 Comments

The 11th U.S. Circuit Court of Appeals in Atlanta said the state had not shown a “special need” for drug testing applicants to the program known as Temporary Assistance for Needy Families. It upheld a preliminary injunction issued in 2011 by U.S. District Judge Mary Scriven.

What Researchers Learned About Gun Violence Before Congress Killed Funding

February 26, 2013 | FlaglerLive | 8 Comments

President Obama has directed the Centers for Disease Control to research gun violence as part of his legislative package on gun control. The CDC hasn’t pursued this kind of research since 1996 when the National Rifle Association lobbied Congress to cut funding for it.

Task Force Stands Its Ground Against Changing Florida’s Castle Doctrine Law

February 25, 2013 | FlaglerLive | 3 Comments

The panel charged by Gov. Rick Scott with reviewing the state’s ‘stand your ground’ self-defense law did not recommend any major changes to the statute, although it did make suggestions for tweaks by the Legislature in the upcoming session.

Where Obama’s Drone War May Have Gone Too Far: Targeting U.S. Citizens

February 24, 2013 | FlaglerLive | 12 Comments

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The Justice Department memo on targeting U.S. citizens references a “broader concept of imminence,” which it holds “does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.”

With “Twilight,” Rodney King Riots Transform Palm Coast Stage Into a Rap of Revelations

February 23, 2013 | FlaglerLive | 14 Comments

“Twilight,” the new play opening at Palm Coast’s City Repertory Theatre, is a violently exuberant recreation of the world of the 1992 South-Central riots into a unique theatrical experience that manages to coil hope, humor and grit out of despair.

In a Blow to Workers and Home Rule, Florida Moves to Forbid Living-Wage Ordinances

February 22, 2013 | FlaglerLive | 9 Comments

The proposal would expand on legislation passed a decade ago to prevent cities from enacting their own minimum wage levels for private employers doing business within their jurisdictions. The proposal would also extend the ban to other employee benefits such as paid sick leave.

ACLU Sues Sheriff Manfre Over Jail Policy Restricting Incoming Mail to Postcards

February 21, 2013 | FlaglerLive | 35 Comments

Beginning in January 2011 under Sheriff Don Fleming, inmates at the Flagler County jail have been forbidden from receiving mail other than small postcards, or from writing letters longer than two pages. Judges have generally not endorsed the restrictions, which also apply to inmates awaiting trial, who are presumed innocent.

Not in Florida: Civil Union Bill Falters Ahead of a Vote That Would Have Killed It

February 20, 2013 | FlaglerLive | 2 Comments

A measure that would allow for civil unions, granting legal relationship rights to people who aren’t married, stalled Tuesday in a Senate committee in the face of a likely defeat if it had gone to a vote.

Zero Dark Thirty’s Tortured, Losing Premise

February 17, 2013 | FlaglerLive | 5 Comments

Zero Dark Thirty is a movie the CIA wants you to see. Torture is illegal under U.S. and international law and it is utterly immoral. It doesn’t “work,” but that’s beside the point to the movie-makers, argues Chris Toensing. The result is disturbing for all the wrong reasons.

Bipartisan Bill to Repeal Red-Light Cameras Advances in Florida Legislature

February 15, 2013 | FlaglerLive | 21 Comments

A bi-partisan proposal would repeal the three-year-old Florida law allowing cities to install spy-and-snap cameras. The repeal, if enacted, would again crimp the revenue of local governments such as Palm Coast, which use the cameras’ ticker revenue to supplement their general fund.

John Fischer’s Hate Speech

February 10, 2013 | FlaglerLive | 86 Comments

In twice calling for a return of school prayer in the last three weeks, Flagler County School Board member John Fischer did so not from good will but out of angry resentment for “special interests” and “political correctness” that he claims are standing in the way of “our rights.” He is offensively wrong, and the school board should resist his call to prayer.

Rather Than Allow Middle School Gay-Straight Alliance, Lake Board Plans Ban on All Clubs

February 9, 2013 | FlaglerLive | 36 Comments

A group of students at Carver Middle School in Lake County, Fla. have tried to establish a GSA, saying the student-led club is needed to address name-calling, bullying and harassment in school. In response to the students request, the Lake County School Board has begun the process of banning every non-curricular club at every school in the district rather than follow their legal obligation to recognize the GSA at Carver Middle School.

Three-Year Effort to Abolish Death Penalty in Florida Fails in 9-4 Justice Committee Vote

February 8, 2013 | FlaglerLive | 5 Comments

The rare vote to kill a bill in committee, rather than just bottling it up never to be heard, gave death penalty opponents their first chance to extensively argue for a repeal, following several years in which the measure’s sponsor, Rep. Michelle Rehwinkel Vasilinda, has been unable to persuade Republican leaders to put the bill before a committee.

Drones Among Us: Florida Police Want Video Surveillance Power Over Big Sports Events

February 7, 2013 | FlaglerLive | 17 Comments

Bill sponsor Sen. Joe Negron and police couldn’t agree on the use of drones as extra eyes in the sky at large-crowd events, such as a football game, with Negron saying monitoring crowds goes too far – and that he’d vote against his own bill (SB 92) if it were changed to allow that.

Flagler Has Its Own Stand Your Ground Case As Paul Miller Invokes It in Mulhall Shooting

February 4, 2013 | FlaglerLive | 18 Comments

Doug Williams, defense attorney for Paul Miller, the 66-year-old Flagler Beach resident who shot and killed unarmed neighbor Dana Mulhall in an argument last year, will try to dismiss the second degree murder charge against Miller by invoking Florida’s stand your ground law. But The defense faces an uphill battle, and the move may be merely tactical ahead of the trial.

School Security’s Buy-A-Cop Delusions

February 3, 2013 | FlaglerLive | 45 Comments

The Flagler County School board this week will debate adoption of a new security plan that includes adding armed cops in elementary schools. The approach would be costly, ineffective, and more emotional than intelligent. Smarter approaches–and far greater priorities–abound.

When Doctor-Assisted Suicide Is the Humane Option

January 29, 2013 | FlaglerLive | 5 Comments

In oncologists’ offices and Alzheimer’s nursing homes, illness is not “a portrait in blacks and whites, but unending shades of gray, involving the most profound of personal, moral, and religious questions.” Including when may it be right to help end a life.

“Don’t Miss the Signs”: In Florida, Campaign and Means to Report Child Abuse Broaden

January 28, 2013 | FlaglerLive | Leave a Comment

Last year, the Florida Legislature passed the nation’s most protective child abuse reporting law. The state’s abuse hotline will accept reports of abuse committed by people other than parents and primary caregivers, such as a coach, teacher or neighbor.

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