Rutherford Institute Asks U. S. Supreme Court to Defend the First Amendment Right of Retailers Not to Be Forced to Speak for Government

by Nisha Whitehread


WASHINGTON, D.C. — Insisting that retailers have a First Amendment right not to be forced to speak for the government, attorneys for The Rutherford Institute have filed an amicus brief with the United States Supreme Court urging the Court to strike down an ordinance requiring cell phone retailers to tell consumers that cell phones are dangerous.

In the brief filed in CTIA-Wireless Association v. The City of Berkeley, Institute attorneys ask the Court to declare unconstitutional an ordinance adopted by the San Francisco Board of Supervisors requiring cell phone retailers to advise purchasers about the disputed health effects of cell phone usage. Institute attorneys argue that the ordinance is unconstitutional because it forces citizens to become unwilling mouthpieces for the controversial viewpoints of their elected officials.       

The Rutherford Institute’s amicus brief in CTIA-Wireless Association v. The City of Berkeley is available at www.rutherford.org. Attorney Michael Lockerby of Foley & Lardner LLP, in Washington, D.C., assisted The Rutherford Institute with the First Amendment brief.

“The very purpose of the First Amendment, as Justice Hugo L. Black recognized, is to ensure that Americans are free to think, speak, write and worship as they please, not as the government dictates,” said John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Well-meaning or not, the government’s desire to communicate a disputed health alert about cell phone usage cannot be permitted to trump the First Amendment rights of citizens—including retailers—to decide for themselves whether or not to advance such a message.”

In 2015, the City of Berkeley, Calif., passed an ordinance requiring cell phone retailers within the city to provide all persons purchasing or leasing a cell phone a statement relating to the effects of cell phone use. Retailers are required to tell customers that, “to assure safety,” federal guidelines require phones to limit radio-frequency exposure, and that if users carry a cell phone on their person while the phone is on they may exceed those guidelines. However, city council members admitted they had no scientific evidence that cell phones pose a health risk and the Federal Communications Commission has determined there is no scientific evidence linking wireless device use and cancer or other illnesses. In addition, the World Health Organization issued a report in June 2011 which concluded that after a large number of studies, no adverse health effects had been established as being caused by mobile phone use.

Hoping to prevent enforcement of the ordinance, the wireless industry filed a lawsuit arguing that the mandated statement was false and misleading and that it compelled retailers to speak in violation of their First Amendment rights. The trial and appellate courts rejected the constitutional claims, ruling that the mandated disclosures have a reasonable relationship to public safety. The wireless industry petitioned the Supreme Court to review that ruling. In its amicus brief supporting the wireless industry’s petition, The Rutherford Institute argues that the lower courts’ rulings will grant the government the power to compel citizens to make statements with which they disagree, even though the statements may be misleading and controversial.

AGW Believers Replace Scientific Method With Dogma Pt. 2: Suppressing Dissent

by H. Sterling Burnett

 

People caught in the grips of the theory of anthropogenic global warming (AGW), the idea that human activities, primarily fossil fuel use, are causing catastrophic change in the world’s climate, seem to live with blinders on, unable to admit evidence to the contrary. 

I don’t begrudge the opinion of scientists who believe their own research shows, or who believe the dominant number of peer-reviewed papers indicates, humans are causing dangerous climate change. But I do disagree with many of the assumptions made by proponents of AGW. So far, evidence shows most of their projections concerning temperatures, ice, hurricanes, species extinction, etc. have failed. As a result, their projections of future climate conditions are not nearly trustworthy enough to make the kind of fundamental, wrenching, and costly changes to our economy and systems of government AGW proponents have proposed to fight climate change. I don’t think climate scientists can foretell the future any better than the average palm reader.

Making matters worse, AGW proponents discount, or ignore entirely, powerful studies that seem to undermine many of their assumptions and refute most of their conclusions.

Admittedly, I start with a position of skepticism, and indeed suspicion, when well-known researchers release a new study purporting to reinforce or provide further evidence AGW is true. This isn’t because I don’t want to hear what those who disagree with my assessment have to say. Rather, it’s based on my understanding of the lengths to which AGW true believers have gone to manipulate temperature data and try to shoehorn or force this and other data to match their dire projections.  It is reasonable, and even expected, for educated people to disagree with one another on this issue. This back-and-forth exchange of points and counterpoints shows the scientific method functioning as it should.

Many AGW believers, however, have seemingly abandoned the scientific method.

Progress is made in science by proposing a hypothesis, and developing a theory, to explain or understand certain phenomena, and then testing the hypothesis against reality. A particular hypothesis is considered superior to others when, through testing, it is shown to have more explanatory power than competing theories or hypotheses and when other scientists running the same testing regime can reproduce the results of the original test. Every theory or hypothesis must be disconfirmable in principle, such that if the theory predicts ‘A’ will occur under certain conditions, but instead sometimes ‘B’ or ‘C’ results, then the theory has problems. The more a hypothesis’ predictions prove inconsistent with results that occur during testing or real-world data, the less likely the hypothesis is to be correct.

AGW theory does not work this way. No matter what the climate phenomenon, if it can in some way be presented as being unusual by AGW proponents, it is argued to be “further evidence of global warming,” even if it contradicts earlier phenomena pointed to by the same people as evidence of global warming. {The same technique evolutionists use to defend their theory. A Theory so inaccurate the courts rule ex cathedra in favor of it - ED}  

What effects AGW will have seem to depend on which scientist one consults and which model they use. In realm of climate change research, different models looking at the same phenomenon applying the same laws of physics with the same inputs produce dramatically varied results.

Another indication AGW advocates have thrown over the scientific method is how they revert to various logical fallacies to manipulate peoples’ emotions in order to have the public dismiss climate realists’ arguments and research. AGW advocates commit the fallacy of ad hominem when they call researchers who disagree with their assessment of the strength of the case for AGW “deniers”—an obvious attempt to link them in the public’s mind with despicable Holocaust deniers. That is not science, it’s rhetoric. I know of no one who denies the fact climate changes, but there are significant uncertainties and legitimate disagreements regarding the extent of humanity’s role in recent climate changes and whether these will be disastrous. Those who refuse to acknowledge highly regarded scientists disagree with AGW are the real “deniers,” and they should suffer the opprobrium rightfully attached to that label.

AGW proponents commit the fallacy of appeal to numbers when they say the case for dangerous human-caused climate change is settled because some high percentage of a subset of scholars agrees humans are causing dangerous climate change. Consensus is a political, not a scientific, term. People once thought Earth was flat. Galileo disagreed, saying he believed it was round—and he was persecuted for saying so. And you know what? Galileo was right, and the consensus of the time was wrong. At one time, people, including the intellectual elite, believed Earth was the center of the universe and the Sun revolved around it. Copernicus said just the opposite. He was right, and everyone else was wrong.

Knowledge acquisition succeeds not through bowing to some purported consensus in thought and opinion, but through questioning previously received wisdom and continuously testing scientific theories against data. “Because the vast majority of us said so,” is not a legitimate scientific response to research raising questions about all or some part of AGW.

AGW researchers commit the fallacy of appeal to motive when they say a particular study or the work of a particular scientist or group of scientists should not be taken seriously because of who funded them. Both sides commit this fallacy, with climate skeptics often arguing AGW research is biased based on the fact it was funded by government, which history shows is predisposed toward finding reasons grow and exert ever more control over people.

Research should be judged based on the validity of its assumptions, whether its premises are true, and whether its conclusions follow from its premises, not on who funded the research. Data, evidence, and logic are the hallmarks of science, not motives.

Beyond the routine data manipulation and logical fallacies, AGW advocates’ own e-mails show they have tried to suppress the publication of research skeptical toward AGW. And they have routinely attempted to interfere with the career advancement of scholars who refuse to completely toe the AGW line, even stooping on occasion to try to get scholars fired for producing research undermining AGW.

AGW fanatics also try to suppress the teaching of a balanced, accurate understanding of the current state of climate science, with all its uncertainties, in the nation’s schools. This is the tool of the propagandist, not the scientist seeking the truth.

All these reflections came to a head in recent years, as AGW true believers have fought in court to prevent the release of the data underpinning their own research, attempted to suppress free speech by accusing those with whom they disagree of committing libel, and even on occasion called for the prosecution and incarceration of climate skeptics for daring to question AGW orthodoxy. Some AGW proponents have openly admired various authoritarian regimes for their ability to “get things done” without the interference of democratic institutions. Real scientists know truths do not bloom under authoritarianism.

When a theory does not comport with the facts, data, and evidence, it is the theory that should be questioned, not the data or the motives of those bringing such evidence to the world’s attention. Consider this my plea for AGW true believers to embrace, once again, the scientific method, to follow the evidence in the field of climate research where it leads even if it proves inconvenient or inconsistent with their earlier beliefs. To the extent I myself have failed to live up to this ideal, I will try and do the same, approaching AGW arguments with an open mind.


Parkland Sheriff's Office a Muslim Haven

by Staff


The fact that the Parkland Sheriff has participated in election campaigning at a local Mosque and has Muslims on his force brings into question both the veracity and objectivity of the Sheriff's department regarding the school shooting. "In the weeks since the tragic shooting occurred in Parkland, Florida, we have learned that cops cowered outside instead of helping, the police and FBI were all warned on multiple occasions that the alleged shooter, Nikolas Cruz, told people he was going to shoot up the school, nearly two dozen people reported Cruz for death threats, and first responders were told to stand down. Now, we are finding out that the surveillance footage from the school — which the public has a right to see — is being deliberately kept secret by the Broward county sheriff — which many say is illegal.."

Praise Allah, Good thing the Parland, FL Sheriff's department didn’t arrest Cruz, it might have been a black spot on their perfect record.  What are the odds that this up standing Muslim, pillar of the community, wasn’t one of the big brave Deputies that stood outside and listened to the screams and gunshots as they hid behind their cars?

  

According to thr Sun -Sentinel, the Jewish Sheriff is no stranger to contoversy and political intrigue.  He has been caught accepting contibutions from a PAC supporting his reelection involving a felon indicted for being part of the Cuban Mafia.  The Sheriff was also involved in corruption in the hiring of political supporters.

His Deputy Nezar Hamze is a member of CAIR and a spokesman for the vitimization of Islam whenever there are incidents.  Amazingly, the Sheriff advises muslims to arm themselves against active shooters but apparently NOT the local schools.  "Broward County Deputy & CAIR FL employee Nezar Hamze found time 2 instruct mosque attendees 2 arm themselves against active shooters, but Sheriff opposes arming teachers.

  Muslim Deputy camping for Islam.     Sheriff Israel campaigning at local Mosque

The Sherriff also works with CAIR, an unindicted co-conspirator in terror with the Muslim Brotherhood with ties to Hamas and is an associate of Hillary Clinton.   "During his time as county sheriff, Scott Israel has repeatedly cozied up to radical Islamic groups. In a seeming attempt to build bridges, he has elevated several mosques with congregants and leaders who have detailed connections to terrorist organizations.

Worse, one of Sheriff Israel’s veteran deputies is Nezar Hamze, a top officer at the Council on American Islamic Relations (CAIR)....There was no greater indication that Sheriff Israel was not fit to lead than his decision to partner with a group founded to support Islamic terrorism. If the Broward County Sheriff’s Department seeks to reform, it should focus on police work and not enter into partnerships that corrupt the legitimacy of law enforcement officers." 


The sheriif and his department represent more of a 5th column intent on destroying America than a law enforcement agency enforcing the law and protecting its community.  It takes on the appearance of the 'pay for play' criminal mantra of the Clinton organization.

Developing: Broward County Sheriff Ordered Deputies Not to Arrest

by Rebekah Baker


Just when it seemed like the government incompetence surrounding the events leading up to the the Parkland, Florida high school massacre couldn’t get any worse, new information reveals that political motivations and bad policy in the leadership at the sheriff’s office had a pivotal role in failing to prevent the shooting.

First, it was the FBI. A tip that outlined the shooter’s “gun ownership, desire to kill people, erratic behavior, and disturbing social media posts, as well as the potential of him conducting a school shooting,” was given to the FBI only six weeks before the deadly massacre occurred, NBC reported. The FBI failed to follow up.  Then, it was local law enforcement. Multiple agents within the Broward County Sheriff’s department cowered in the face of danger, and waited outside the Stoneman Douglas high school as innocent students were killed inside.

And there’s more: According to CNN, “Records obtained from the sheriff’s office by CNN show the law enforcement agency received at least 45 calls for service relating to Cruz or his brother from 2008 to 2017, before the attack at Marjory Stoneman Douglas High School in Parkland on Feb. 14.”  So was it pure incompetence, or was something more sinister at play?

It may have been both.

According to a report from RedState, a deeply embedded system of public corruption at the sheriff’s department may be to blame for the murderous shooter slipping right through the sheriff department’s fingers.

As reported by CNN, dozens of calls were made to local law enforcement about Nickolas Cruz with descriptions such as “mentally ill person,” “child/elderly abuse,” “domestic disturbance,” “missing person,” and more. Most of those warning calls resulted in “no written report.”  What in the world would have motivated an “oversight” like that?

According to RedState, it all comes back to Sheriff Israel.  First elected as sheriff in 2012, Israel’s run for re-election in 2016 was highly criticized and controversial, according to an August 2016 report from Sun Sentinel.  “Sheriff Scott Israel has hired from the ranks of his political supporters, building a community outreach wing his critics say doubles as a re-election team,” the Sentinel explained. “Israel’s opponents say he’s built a publicly funded political machine, paying back supporters with jobs and using them to keep him in office. They say the money could be better spent, particularly after the sheriff complained about not having enough funding to secure the county courthouse, where a murder suspect recently escaped.”

In other words, Israel rewarded his political supporters with high-paying cushy jobs within the sheriff’s office. The outreach manager position, for example, earned a $78,489 salary. That position was held by the husband of Israel’s campaign manager, the Sentinel reported.

So, a group of unqualified people filled the positions at the sheriff’s office. And we wonder why they failed to stop Nickolas Cruz?  It gets worse. An ominous foreshadowing of the deadly shooting was revealed in the form of a 2016 sheriff re-election campaign questionnaire.

Why are you running and what gives you an edge over your opponents?” the questionnaire asked Israel.  See Israel’s answer below:

I am the incumbent Sheriff for the past four years, and a career law enforcement officer with over three decades in the profession.  The results speak for themselves. As our sheriff, I successfully implemented new policies and approaches to public safety that sharply reduced violent crime and burglary rates – the sharpest declines in the entire State of Florida. My innovative initiatives also helped keep children in school and out of jail, greatly expanding the juvenile civil citation program and making issuance of civil citations mandatory for BSO deputies. I worked to combat gun violence by openly lobbying legislators to curtail Stand Your Ground, block open carry legislation, and block legislation allowing concealed guns on school campuses.

(Emphasis added.)

You read that right. Policies put into place within the sheriff’s department by Israel Scott discouraged arresting or expelling juveniles, apparently even if their behavior was violent or threatening.

Cruz had a history of violence at school and was never officially expelled. He had a history of violent behavior at home but was never arrested.  And one day, he stormed into a school building and murdered 17 innocent people — but it was too late. 

When pressed for answers on allegations about his alleged public corruption, Israel deflected. “Lions don’t care about the opinions of sheep,” he reportedly said at the time.  And lions apparently care more about their own interests than the lives of those they swore to protect.