Header image alt text

Joyce Clark Unfiltered

For "the rest of the story"

Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.

Today, July 7, 2021, former President Trump announced that he will be the lead in a civil class action suit against Twitter, Google and Facebook as well as their founders and/or CEOs, Jack Dorsey (founder of Twitter), Sundar Pichai (CEO of Google) and Mark Zucherberg (co-founder of Facebook) personally.

The results of such an effort are obviously, unknown but we can expect such a suit to take years to reach the Supreme Court for final settlement. To understand what is occurring there are basic concepts that we should understand – the First Amendment, 47 U.S. Code Section 230 and the concept of the public square.

The First Amendment states, Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” It specifically guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely.

The Communications Decency Act of 1996 includes Section 230. The law was established 25 years ago when the internet was in its infancy. Since that time, the internet has matured at warp speed and the seminal question becomes does a trillion- or billion-dollar private company still need the protections provided in Section 230? The findings in Section 230 recognize, “The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity…Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services.”

It protects information content providers from civil liability,  “No provider or user of an interactive computer service shall be held liable on account of— any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph.” An information content providermeans any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.

We will hear the term, public square, used often as this suit makes its way through the judicial system. Merriam Webster defines the public square as, “an open public area in a city or town where people gather.” The public square in the digital age has no shape or no physical place but is generally accepted to be any place or space where information and opinion can be shared and includes newspapers, magazines, books, websites, blogs, songs, broadcast stations and channels, street corners, theaters, conferences, government bodies and more.

One Supreme Court decision of note in 2017 recognized broadly in principle that using social media is a constitutional right. The case is Packingham v. North Carolina. North Carolina passed a law prohibiting sex offenders from accessing social media and made it a felony if they posted on any social media platform.

The Supreme Court viewed it as a free speech rights issue and unanimously held that states cannot broadly limit access to social media because cyberspace “is one of the most important places to exchange views.” “A fundamental First Amendment principle is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more,” Justice Anthony Kennedy wrote.

The one aspect that will not be addressed in this class action suit is the anti-trust issue. There is no dispute that Google, Twitter and Facebook are billion dollar monopolies. That will not be the issue of this suit but rather violations of our First Amendment free speech rights. The final decision is unknown and there will be twists and turns in this saga. Stay tuned and hang onto your hats…it’s going to be a bumpy ride.

© Joyce Clark, 2021       

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

The City of Glendale offers a wonderful service. It provides several dates on which to get your annual flu shot. Today was one of those days held at the downtown site of the Police Department. While I was there to get my shot I ran into several police personnel and had a chance to renew acquaintances and catch up on all kinds of news.

Everyone is pleased and proud that Glendale was one of only 7 recipient cities in Arizona to receive a 2013 Department of Justice COPS hiring grant in the amount of $1.2 M. The grant is good for three years. In the first year the city receives 75% of the costs associated with hiring 10 new officers. In the second year the city receives 50% and in the third year receives 25%. By year 4 the city is expected to cover all costs associated with the 10 new hires. This is one of those actions that does NOT put a strain on Glendale’s financial situation or its General Fund. The funding not covered by this grant and to be picked up by the city comes from the Public Safety Sales Tax Fund which has a healthy balance. It’s a win-win all the way around.

When you read the newspaper do you ever check the crime reports, especially for your zip code? If you noticed, the Glendale zip code that always has the highest amount of crime is zip code 85301. For years, this area of city has had the most person and property crime stats. Yet the former mayor insisted that police resources be used equally throughout the city. It was at best, a dumb idea. The good news is that the 10 new hires provided by the COPS grant will beef up patrols and offer more proactive policing in zip code 85301. The GPD is also adding investigative officers to go after those who illegally possess guns and those who traffic in guns. Now it’s up to the other city departments to attract positive retail opportunities ( certainly not pawn shops, liquor stores and loan shops) and housing that is not comparable to existent housing but is actually better.

Remember Glendale resident Jerice Hunter? I don’t think anyone can forget her. She is accused of murdering her 5 year old daughter, Jhessye Shockley, and then tossing her body in the garbage. She was arrested per a Grand Jury on charges of first degree murder and child abuse. Hunter’s case was on hold because she had not paid her attorney Scott Maasen. She now has a court-appointed attorney and is scheduled to stand trial in August of 2014. There’s a special place in hell for people who abuse and murder children.

A recent innovation of the GPD is its use of Twitter to share information with the general public. It performed a test project by following a cop on his shift who tweeted when he was able to do so. They have also used it sporadically to alert the public to traffic accidents to avoid. Here is the link to get the application: http://www.glendaleaz.com/police/MyPD-App.cfm . This has the potential of becoming a wonderful communications tool for the GPD. The public is their ally and by letting citizens know what is happening in their city they will gather more and more support (and perhaps useful crime information).  Now that they have it up and running, come on guys, start using it on a daily basis.

City Manager Brenda Fischer has hired the new Finance Director. He is Tom Duening (my apology if I misspelled the name). He has over 20 years of experience, the majority of which was with Tempe. He’s also a CPA. Looks like a good choice and we welcome him to Glendale.

For those who would like more information about Glendale’s flu shot program, there are 3 more opportunities to get your flu shot: There are 2 dates open to the public. One is Wednesday, October 16th from 11am to 1:30om in the lunch room at Glendale City Hall. The other is on Tuesday, October 29th from 9am to 1pm at the very same location in City Hall. One date is open to Glendale employees and their families on Monday, October 21st from 2:30pm to 4pm at Field Operations Bldg P, Breakroom.

©Joyce Clark, 2013

FAIR USE NOTICE
This site contains copyrighted material the use of which has. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Lawwho have expressed a prior interest in receiving the included information for research and educational purposes. For m.ore information go to:http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.

Warfare erupting

Posted by Joyce Clark on May 9, 2013
Posted in Jobing.com arena  | Tagged With: , , , , , | No Comments yet, please leave one

fightingMy goodness! It’s really getting nasty out there as the deadline swiftly approaches for responses to Glendale’s Beacon Sports RFP or someone is announced as the buyer-of-choice by the NHL.

twitter warThere are those who discount Twitter. Do so at your own peril. It has become one of social media’s behemoths. Lately the newly renamed Ice Edge, now known as Renaissance Sports, has been taking potshots via Twitter at Pastor’s group and vice versa. There is also the tried and true tactic of not saying something directly but retweeting someone else’s tweet. One of my recent favorites is this from KCD Public Relations, in support of the Pastor group. KCD recently retweeted the following, “@HedgeyeDJ Ice Edge fails for 3 seasons to buy #Coyotes, then rebrands to RSE so they can annoy serious buyers?” A while back Daryl Jones, @HedgeyeDJ, tweeted “Silence is a source of great strength,” quoting Lao Tzu. Too bad neither side is heeding that sage advice.

Two_Mad_Teenager_Boys_Now warfare seems to be erupting between the City of Glendale and the NHL. There is Twitter talk that the NHL could have as long as ten years to vacate the arena as well as the current gossip that the City has not just been paying operating expenses for the arena but team losses as well. This shot across the ship of state (er…city) could be because Twitterdom has shared that the City of Glendale is blaming the NHL for not being better stewards of Jobing.com Arena and allowing the roof to go into disrepair and leak-big time.

All in an effort to win the hearts and minds of the public’s perception…included in that mix are hockey fans taking sides with one group or another right and left.

What is even more amazing are the plans of various groups to meet with the Mayor and Council despite the Beacon RFP admonition that speaking to officials of Glendale could disqualify an applicant at their (or someone’s) discretion. Pure politics. If you are the current favorite, it’s no big deal but heaven help you if you are not. This admonition will be played like a violin to get rid of unwanted players.

copyright

%d bloggers like this: