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donal brown

First Amendment cited in failure to provide intelligence before Capitol riot

donal brown September 16, 2021

The Department of Homeland Security (DHS) limited access for law enforcement to intelligence reports about election-related threats, citing the First Amendment. There are concerns that law enforcement at the Capitol failed to realize the severity of the threats prior to the January 6 insurrection given limits to pertinent intelligence. (CNN, September 14, 2021, by Zachary Cohen) Former DHS intelligence official Joseph Maher said he was aware of the increased level of violence reflected in the

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Transparency arrives for Arizona Cyber Ninjas election audit

donal brown September 16, 2021

The Arizona Senate is preparing to turn over records from contractors working on the audit of the 2020 presidential election. The Senate refused to release the documents after losing in lower courts but caved in after the Arizona Supreme Court ruled against them. (Arizona Republic, September 15, 2021, by Ryan Randazzo) The U.S. Department of Justice sent a letter last May to Arizona Senate President Karen Fann informing her that providing ballots to a private

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Federal appeals court allows lawsuit against robocalls

donal brown September 14, 2021

A federal appeals court gave life to a class action lawsuit against an energy supplier over unsolicited robocalls, reversing a lower court decision that upheld the right to make the calls. The 6th Circuit U.S. Court of Appeals ruled that a recent U.S. Supreme Court decision only held that a section of the Telephone Consumer Protection Act (TCPA) was unconstitutional and that the law in the main was enforceable. The energy supplier Realgy LLC called

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California net neutrality law faces court challenge

donal brown September 14, 2021

California’s Attorney General is defending the state’s 2018 net neutrality law in federal court. The law was enacted when the Trump administration rescinded federal net neutrality rules that kept internet service providers from giving preference to one website over another. (Politico, September 14, 2021, by Benjamin Din) For related FAC coverage, click here, here and here.

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Florida anti-riot law hits pot hole

donal brown September 14, 2021

A federal judge found Florida’s anti-riot law a violation of First Amendment rights to free speech and assembly. The judge noted that the law was overbroad, “If this court does not enjoin the statute’s enforcement, the lawless actions of a few rogue individuals could effectively criminalize the protected speech of hundreds, if not thousands, of law-abiding Floridians.” (The Associated Press, September 9, 2021, by Curt Anderson) The judge blocked enforcement of the law by Governor

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