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Tara Heath

Hate Speech and Hate Crime | Advocacy, Legislation & Issues - 3 views

  • There is no legal definition of "hate speech" under U.S. law, just as there is no legal definition for evil ideas, rudeness, unpatriotic speech, or any other kind of speech that people might condemn. Generally, however, hate speech is any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of persons on the basis of race, religion, skin color sexual identity, gender identity, ethnicity, disability, or national origin. 1 In the United States, hate speech is protected by the First Amendment. Courts extend this protection on the grounds that the First Amendment requires the government to strictly protect robust debate on matters of public concern even when such debate devolves into distasteful, offensive, or hateful speech that causes others to feel grief, anger, or fear. (The Supreme Court's decision in Snyder v. Phelps provides an example of this legal reasoning.) Under current First Amendment jurisprudence, hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group. Hate Crime For the purposes of collecting statistics, the FBI has defined a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity,” including skin color and national origin.  Hate crimes are overt acts that can include acts of violence against persons or property, violation or deprivation of civil rights, certain "true threats," or acts of intimidation, or conspiracy to commit these crimes. The Supreme Court has upheld laws that either criminalize these acts or impose a harsher punishment when it can be proven that the defendant targeted the victim because of the victim's race, ethnicity, identity, or beliefs.  A hate crime is more than than offensive speech or conduct; it is specific criminal behavior that ranges from property crimes like vandalism and arson to acts of intimidation, assault, and murder.  Victims of hate crimes can include institutions, religious organizations and government entities as well as individuals.
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    "Hate Speech There is no legal definition of "hate speech" under U.S. law, just as there is no legal definition for evil ideas, rudeness, unpatriotic speech, or any other kind of speech that people might condemn. Generally, however, hate speech is any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of persons on the basis of race, religion, skin color sexual identity, gender identity, ethnicity, disability, or national origin. 1 In the United States, hate speech is protected by the First Amendment. Courts extend this protection on the grounds that the First Amendment requires the government to strictly protect robust debate on matters of public concern even when such debate devolves into distasteful, offensive, or hateful speech that causes others to feel grief, anger, or fear. (The Supreme Court's decision in Snyder v. Phelps provides an example of this legal reasoning.) Under current First Amendment jurisprudence, hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group. Hate Crime For the purposes of collecting statistics, the FBI has defined a hate crime as a "criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity," including skin color and national origin.  Hate crimes are overt acts that can include acts of violence against persons or property, violation or deprivation of civil rights, certain "true threats," or acts of intimidation, or conspiracy to commit these crimes. The Supreme Court has upheld laws that either criminalize these acts or impose a harsher punishment when it can be proven that the defendant targeted the victim because of the victim's race, ethnicity, identity, or beliefs.  A hate crime is more than than offensive speech
Richard Bradshaw

The Progressive Movement and the Transformation of American Politics | The Heritage Fou... - 33 views

  • Government had to be limited both because it was dangerous if it got too powerful and because it was not supposed to provide for the highest things in life.
  • In Progressivism, the domestic policy of government had two main concerns. First, government must protect the poor and other victims of capitalism through redistribution of resources, anti-trust laws, government control over the details of commerce and production: i.e., dictating at what prices things must be sold, methods of manufacture, government participation in the banking system, and so on. Second, government must become involved in the "spiritual" development of its citizens -- not, of course, through promotion of religion, but through protecting the environment ("conservation"), education (understood as education to personal creativity), and spiritual uplift through subsidy and promotion of the arts and culture.
  • Progressives therefore embraced a much more active and indeed imperialistic foreign policy than the Founders did.
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  • The trend to turn power over to multinational organizations also begins in this period, as may be seen in Wilson's plan for a League of Nations, under whose rules America would have delegated control over the deployment of its own armed forces to that body.
  • The Progressives wanted to sweep away what they regarded as this amateurism in politics. They had confidence that modern science had superseded the perspective of the liberally educated statesman. Only those educated in the top universities, preferably in the social sciences, were thought to be capable of governing.
  • Government, it was thought, needed to be led by those who see where history is going, who understand the ever-evolving idea of human dignity.
  • Politics in the sense of favoritism and self-interest would disappear and be replaced by the universal rule of enlightened bureaucracy.
  • Today's liberals, or the teachers of today's liberals, learned to reject the principles of the founding from their teachers, the Progressives.
  • That is the disparagement of nature and the celebration of human will, the idea that everything of value in life is created by man's choice, not by nature or necessity.
  • Liberal domestic policy follows the same principle. It tends to elevate the "other" to moral superiority over against those whom the Founders would have called the decent and the honorable, the men of wisdom and virtue. The more a person is lacking, the greater is his or her moral claim on society. The deaf, the blind, the disabled, the stupid, the improvident, the ignorant, and even (in a 1984 speech of presidential candidate Walter Mondale) the sad -- those who are lowest are extolled as the sacred other.
  • The first great battle for the American soul was settled in the Civil War. The second battle for America's soul, initiated over a century ago, is still raging. The choice for the Founders' constitutionalism or the Progressive-liberal administrative state is yet to be fully resolved.
  • The Progressive system managed to gain a foothold in American politics only when it made major compromises with the Founders' constitutionalism.
  • Sober liberal friends of the Great Society would later admit that a central reason for its failure was precisely the fact that it was an expertise-driven engineering project, which had never sought the support or even the acquiescence of popular majorities.
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    I hope you know better than to use any resource from such a biased source in the classroom without one from the opposite side, say the Brookings Institution in this case. I found your posting of this article from this anti- free thought organization that is a puppet of big business and the far right on an education site plain wrong.
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    Well, the truth is I did not intend to share this bookmark with Diigo Education, but somehow it was posted in the group. I had intended it only for myself as part of research I am doing.
Steven Szalaj

Raise the bar with national exam for teachers - chicagotribune.com - 53 views

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    Editorial about a recommendation by the AFT Pres to develop a professional certification for teachers.  It's about time...
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    About time for what? For standardized tests to ruin the teaching profession like it has ruined our kids? For the government to control, from the top down, what education departments teach their students? Looks like a HUGE power grab and a very bad way for a Union, who professes to stand against standardized tests to act! Shame on them! Go to Fairtest.org to find out more about the scam of standardized testing. If you think a standardized test can improve education, you must also think you can fatten a calf by weighing it!
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    Michelle is right. More standardized testing is not the answer for anything, least of all teacher certification. Come on, Steven .. use your critical thinking skills. Don't encourage the bean counters and bureaucrats who are so enamored of things that can be measured and filed into neat categories. The most valuable things cannot be measured in any "objective" way. To focus on what's measurable is to focus on what's shallow.
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    Mark & Michelle, thank you for your comments. When I posted this I knew the words "standardized test" would be a flashpoint. It is for me too. With nearly 40 years in the classroom, teaching a creative art (music) to all different levels (kindergarten through college and well beyond), I have often railed against reducing any education, any student, to a number. Very little in what I have taught can be measured with a pencil-and-paper test. What I see here is different than this. It is the union that she is saying should be the "gate-keeper" to our profession, rather than some generic government standard test. Yes, tests would be a part of the certification, but from what I read, so would much more, including actual classroom work. The certification would be similar to the AMA for physicians or the Bar for attorneys. These are certifications designed and administered by the profession - not the government - and validate a candidate's readiness to practice. Yes, I too am strongly against the government, or any organization outside of our profession, to certify, to validate, a teacher's ability to do the job. But we have to admit there is a problem with teacher certification and validation. There are people who simply should not be in the classroom (haven't we all seen them?). It is very difficult to remove folks who are dragging the respect for our profession down. Yes, there is remediation. Yes, it should be a difficult process to remove someone in order to protect against administrative abuses. But what is talked about here is the profession policing itself - something that the teacher's unions, in general, have steadfastly refused to do. What the AFT Pres is suggesting is that the best thing we can do to raise the status of teaching as a profession is to take action ourselves to make it happen. Really, if we in the profession do not do this, then it will be imposed from those outside who do not know what we do, how we do it and why we do it.
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    You are still talking about a standardized test. Let's face it--doctors have to have specific knowledge to do their job. Whether or not they are creative or engaging is not as important as their knowledge base. The same with lawyers--knowledge of the law is essential, and everything else is secondary. However, in teaching, although educational theory and knowledge of their subject area is important (and already tested, by the way) the most essential aspect of teaching is how you can creatively engage students, interact with parents and peers, and stay organized and motivated. These things CAN'T BE TESTED. Right now, teachers already go through extensive training, evaluation, and continuing education. Do you REALLY think that a standardized test will really improve teaching? I know a lot of university professors who can easily pass a test, but few of them can teach worth beans.
Michele Amato

Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Ri... - 45 views

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    The site is a government site that has official documents. We are interested in the first documents of our country. The little squares at teh top take you to different documents created when this country was trying to become free from England as well as how our government, laws and procedures were formed after we became independent. 
Morris McRae

Avalon Project - Documents in Law, History and Diplomacy - 30 views

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    The Avalon Project is a site from Harvard University that contains thousands of documents relevant to Law, History, Economics, Politics, Diplomacy and Government. These documents also include links to supporting documents that were referred to in the text. The documents are sorted by date range and go all the way back to 4000BC. The documents are fully searchable and are also sorted by collections such as American Revolution, Jefferson Papers, Geneva Convention, the Middle East, and more. There are even transcripts of witness testimony in the Nuremberg Trials. Pretty amazing stuff. This is a priceless resource for any educator or student, teaching or learning, reading or researching these topics. These documents are primary sources and can be used for a variety of learning.
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    The Avalon Project will mount digital documents relevant to the fields of Law, History, Economics, Politics, Diplomacy and Government. We do not intend to mount only static text but rather to add value to the text by linking to supporting documents expressly referred to in the body of the text. The Avalon Project will no doubt contain controversial documents. Their inclusion does not indicate endorsement of their contents nor sympathy with the ideology, doctrines, or means employed by their authors. They are included for the sake of completeness and balance and because in many cases they are by our definition a supporting document.
Liz Dodds

Our Courts - Homepage - 6 views

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    A free computer game for teenagers created with the help of former Supreme Court Justice Sandra Day O'Connor has made its online debut. "Supreme Decision," the first of several planned web-based games, went online in August as part of a project called Our Courts. In it, students can play a Supreme Court law clerk helping a justice with a tie-breaking vote over a First Amendment case. Backed by the Sandra Day O'Connor College of Law at Arizona State University and Georgetown University, the Our Courts project is designed to teach middle school students about the Constitution and the courts. O'Connor, the first woman to serve on the Supreme Court, has said more people can name an "American Idol" judge than the three branches of government. Besides teaching about civics, she hopes the Our Courts project will help students learn how to analyze problems and develop arguments. In "Supreme Decision," students play a law clerk and must help fictional Justice Irene Waters write the majority opinion on whether a school can ban students from wearing music band T-shirts. Another game, called "Do I Have a Right," will be released soon. In that game, students will play the director of a constitutional law firm who must decide which amendment resolves a problem posed by a client.
Kim Drain

Stanford Copyright & Fair Use - Welcome to the Public Domain - 106 views

  • The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it.
  • Copyright has expired for all works published in the United States before 1923.
  • For works published after 1977, if the work was written by a single author, the copyright will not expire until 70 years after the author’s death. If a work was written by several authors and published after 1977, it will not expire until 70 years after the last surviving author dies.
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  • Thousands of works published in the United States before 1964 fell into the public domain because the copyright was not renewed in time under the law in effect then.
  • Copyright law does not protect ideas; it only protects the particular way an idea is expressed.
  • Sometimes an author deliberately chooses not to protect a work and dedicates the work to the public. This type of dedication is rare, and unless there is express authorization placing the work in the public domain, do not assume that the work is free to use.
  • Copyright law does not protect the titles of books or movies, nor does it protect short phrases such as, “Make my day.” Copyright protection also doesn’t cover facts, ideas, or theories.
  • Creative Commons, a nonprofit organization designed to foster the public domain, helps copyright owners dedicate their works to the public domain.
  • Works published in the U.S. before 1923 In the
  • In the U.S., any work created by a federal government employee or officer is in the public domain, provided that the work was created in that person’s official capacity.
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    This chapter of Stanford's Copyright and Fair Use Overview defines public domain and explains the main ways in which works become public domain. "Dear Rich" letters provide scenarios to illustrate many of these.
Comrad Compadre

DOJ won't help FCC fight state laws that harm municipal broadband | Ars Technica - 1 views

  • DOJ attorney told a federal appeals court last week that "Respondent United States of America takes no position in these cases."
    • Comrad Compadre
       
      Arguably one of the best lines to come out of the US DOJ
  • The DOJ's decision to stay out of the case was cheered by Randolph May, who was an FCC lawyer between 1978 and 1981. May opposes both the municipal broadband and net neutrality decisions and today runs a "free market-oriented think tank" called The Free State Foundation. He wrote that "the Department of Justice's curt statement advising the court that it takes no position in the appeal of the FCC's preemption of state laws restricting local government broadband networks is very curious. As someone who served as FCC Associate General Counsel, I can tell you this is a very rare occurrence."
Mr. Mohan

The Cost of Saving Lives in Bangladesh - Ben W. Heineman Jr. - The Atlantic - 13 views

  • if real reform is to occur on the ground, hard, complex questions must be asked and answered
    • Mr. Mohan
       
      what are these questions in your mind?
  • consumers across the globe looking for cheap prices
    • Mr. Mohan
       
      what is OUR responsibility?
  • global garment retailers who want the incur the lowest cost--and offer the lowest price--to compete in developed markets but who do not want to be complicit in publicized worker tragedies in developing markets
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  • $38 dollars per month
  • whether Bangladesh has the means to enforce such laws
  • International Labor Organization
  • Inadequate government is a huge obstacle to change
  • only about one percent of Bangladesh garment factories have good standards.
  • garment factory owners are willing to allow workers to organize in unions or associations in order to have a voice in health and safety conditions
  • "who pays" and "who is accountable"
  • Approximately 60 percent of the clothing made there goes to United States or the European Union
  • there are several problems
  • standards may depend on local law
  • buyers may simply cut off the suppliers rather than helping them improve their practices
  • global buyers simply leave the country when they conclude that conditions are so bad
  • question then becomes whether international buyers are willing to go beyond imposition of standards and supplier cut offs and to pay, in some form, for the undetermined costs
  • actually implementing major substantive change
  • significant challenge in a weak state like Bangladesh.
  • Can a robust consumer movement arise among those shopping for discount clothing in response to the Bangladesh building collapse?
  • What are the standards? What is the cost? Who is accountable?
  • drawn an analogy between the collapse of the Rana Plaza in the Bangladesh Capital of Dhaka and the 1911 Triangle Shirtwaist factory fire in New York which claimed 146 lives
  • Rana Plaza catastrophe represents a more complicated set of fractured global relationships, responsibilities and financial capabilities.
Kate Pok

Baby Baiting | The Nation - 0 views

  • Like the slur "anchor baby" itself, each of these claims is a fallacy. Far from "anchoring" their parents to US soil, many children born to undocumented immigrants are seeing them be deported. And for all the rhetoric spewed by the right about the need for tough new legislation to combat the immigrant "invasion," laws governing immigration to the United States have gotten more restrictive in the past fifteen years. Today, a citizen must be 21 in order to sponsor the green card application of a parent or an immediate relative. The applicant must then show documentation proving that he or she has not been in the United States unlawfully for more than one year. Barring such proof—the primary obstacle most immigrants face—the parent must return to the country of origin for ten years before being allowed to lawfully re-enter the United States and resume the application process. This is commonly referred to as the "touchback rule," explains María Blanco, director of the Earl Warren Institute at the UC, Berkeley, School of Law, and it is among the most insurmountable restrictions placed on the legal naturalization process in the name of "immigration reform" passed in 1996.
Kevin Kaeser

howlawsmadeWIRTH2.jpg (3215×1584) - 88 views

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    great info graphic on how a bill becomes a law
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    This is a great graphic for government classes and Constitution Day overview.
Kay Bradley

Social contract - Wikipedia - 20 views

    • Carolyn Eccleston
       
      What does this mean?
  • Locke believed
  • Rousseau believed
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  • Grotius posited that individual human beings had natural rights; Hobbes asserted that humans consent to abdicate their rights in favor of the absolute authority of government
    • Carolyn Eccleston
       
      What is the difference between the two beliefs?
  • The Lockean concept of the social contract was invoked in the United States Declaration of Independence.
    • Carolyn Eccleston
       
      What Lockean concepts appear in the US Declaration of Independence?
    • Kay Bradley
       
      The idea that citizens give up some individual freedoms in order to realize greater benefits from living in society.
  • Social contract arguments typically posit that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority of the ruler or magistrate
    • Carolyn Eccleston
       
      What does it mean to submit tacitly? Does the US Declaration of Independence require tacit submission?
    • Carolyn Eccleston
       
      I don't know. What do you think?
    • Kay Bradley
       
      Not the Declaration of Independence because that did not establish a social contract, but yes the Constitution and the system of law, The submission is tacit because each generation does not revise the social contract that is spelled out in the Constitution and the corpus of laws. Therefore, each generation that wants to live in the US must accept the existing social contract.
    • Robert Vigliotti
       
      According to Hobbes, whenever we benefit from the conditions of security and the goods that are only possible through the social contract, we have consented to the social contract, which includes obedience to the sovereign, even though we did not give explicit consent.
  • legitimacy of the authority of the state over the individual
Kate Pok

FinAid | Loans | Public Service Loan Forgiveness - 67 views

  • Employment: The borrower must be employed full-time in a public service job for each of the 120 monthly payments. Public service jobs include, among other positions, emergency management, government (excluding time served as a member of Congress), military service, public safety and law enforcement (police and fire), public health (including nurses, nurse practitioners, nurses in a clinical setting, and full-time professionals engaged in health care practitioner occupations and health care support occupations), public education, early childhood education (including licensed or regulated childcare, Head Start, and State-funded prekindergarten), social work in a public child or family service agency, public services for individuals with disabilities or the elderly, public interest legal services (including prosecutors, public defenders and legal advocacy on behalf of low-income communities at a nonprofit organization), public librarians, school librarians and other school-based services, and employees of tax exempt 501(c)(3) organizations. Full-time faculty at tribal colleges and universities, as well as faculty teaching in high-need subject areas and shortage areas (including nurse faculty, foreign language faculty, and part-time faculty at community colleges), also qualify.
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    FYI
tattinot

Singapore proposes changes to cybersecurity and data protection regimes - Data Protecti... - 5 views

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    "To relax the requirement for organisations to obtain consent before processing personal data, making it easier for online businesses to collect and share data and encouraging the growth of new technologies such as Internet of Things devices and artificial intelligence; and"
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