Peter Scheer

Facebook, under attack for choosing “trending” stories, should embrace the 1st Amendment

PETER SCHEER—Facebook wants you, me and the federal government to believe that the selection and prominence of content on Facebook, particularly in its “trending stories” feature, has nothing to do with human judgment or choice. This has long been Facebook’s public posture, and it was its initial knee-jerk response this week to a news story, appearing in Gizmodo, that was sourced to anonymous, and apparently disaffected, contractors hired by Facebook to monitor the selection of

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Watchdog for errant CA judges has no bite, no bark

  BY JOE SWEENEY AND TAMIR SUKKARY — The Commission on Judicial Performance is a little-known agency that has one of the most important jobs in California — to protect the public by investigating complaints against judges and disciplining misconduct. The commission is effectively responsible for maintaining the integrity of California’s courts. Such an important watchdog should be transparent about its operations and should have enough teeth to deter misconduct. But its practices and discipline statistics indicate that it

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After near-death in Supreme Court, will public employee unions change their ways?

BY PETER SCHEER—Public employee unions, the most powerful special interest group in California and most other states, came within a heartbeat of losing that power, as a legal challenge by dissident public school teachers came to a close in the US Supreme Court this week. I use the word “heartbeat” somewhat literally, because it is all but certain that Justice Antonin Scalia would have cast his vote to create a 5-4 majority in favor of

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Apple is right: the order requiring it to create code to defeat iPhone security is “coerced speech” forbidden by the 1st Amdt

BY PETER SCHEER—The court battle between the FBI and Apple presents an important first amendment issue: whether the government can force a company to engage in expression—to wit, the writing of computer code—-that the company not only objects to, but views as inimical to its interests and its customers’ interests. Apple claims that this coercion violates its first amendment rights. Can this argument really succeed? Yes, in my view. Although Apple’s argument is somewhat overstated—as are

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FAC sues Sonoma County to unlock secret Super Bowl promo deal

The First Amendment Coalition today filed suit to make public the terms of a Sonoma County agency’s contract to promote county wines to football  fans visiting the Bay Area for the February 7 Super Bowl. FAC filed a public records request for the contract, under which the Sonoma County Tourism Bureau, together with organizations representing vineyards and wine growers, reportedly committed as much as $1 million to  its deal with Super Bowl 50 Host Committee.

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