Showing posts with label constitution. Show all posts
Showing posts with label constitution. Show all posts

Monday, August 23, 2021

Redistricting Board Meeting Highlights August 23, 2021

The Board met from 10am today through  with a break for Executive Session to get briefed by the attorney on Alaska Redistricting Cases and lunch.

It's been a long day. It's clear that I'm ten years older than I was when I went to the Board meetings


ten years ago.   Let me try to pull up some key points from the meeting.  Then I'll add my very rough  notes from the meeting below

  • Time table for map proposals
    • Established Aug. 12 as official day they received numbers from Census Brea
      • That starts the Constitutional clock for 
        • preliminary map(s) adopted  by Sept 11 (non-Board maps by 9/17) and 
        • final map by November 10 
  • What Census data show  (see charts on Redistricting Website  and also here)
    • Changes in districts and regions from 2010 to now - this was shown in a series of slides.  There was lots of detail and it will affect the makeup of the legislature.  Some key takeaways
      • statewide, the smallest population increases in decades
      • biggest gains in Matsu - plus 18,000 people (but previous decade gained 30,000);  Kenai plus 3400; Western Alaska plus 900
      • both Anchorage (JBER lost @3000) and Fairbanks declined
  • Executive Session with Board's attorney on lessons from previous Alaska Court cases.  The Board made a nod to my suggestion to make some of this public by having the attorney discuss the standards  Constitution and the Supreme Court have set for the Board to follow in making their maps.  But that sentence was pretty much all he said publicly and then they went into Executive Session for and hour or more (it was combined with lunch which was brought in for them)
    • Attorney Matt Singer said (as best as I could type) 

"Meeting to review my legal advice.  Reviewing my opinions are confidential.  For public key places - 

    Article 6 of Constitution Section 10 outlines process and requirements and Sec. 6    AK Supreme Court each time established guidelines for Redistricting Board  process by which it must be done and directions for deviation and how down in light of decisions - so another sourceAvailable where public can search those cases.  Guided by Constitution and Alaska Supreme Court."
    • My recollection is that ten years ago the attorney did much of this in open session.  Here's a post from March 2011 that gives a lot of the requirements as outlined by the 2010 Board attorney.  There were other sessions where he gave other such overviews in public.  
    • Discussion over how the Board is to go about creating maps.  The staff recommended dividing the State into six to eight regions and having subcommittees of Board members work on a couple regions each.  Then they would come together and put them all together and work out the edges.  There was pushback from a Doyon mapper and another group Alaskans for Fair and Equitable Redistricting (There were two groups with similar names last time.  I believe AFFR was representing Native groups and Unions generally and Alaskans For Fair and Equitable Redistricting (AFFER) was more of a Republican oriented group) both of whom felt that by making the six regional blocks first, the Board would lock things up and miss options to have better districts inside those regions.  It appears the Board is going to try with the Regional Approach but also try to be flexible with those challenges in mind.  Also the Board Chair said that the two groups - Doyon and AFFR - could submit their maps for the Board to compare and there would be 6o more days to get public reaction and make changes.
    • Public Testimony  - you can find some of this in my notes below.
      Board ED Peter Torkelson and Chair John Binkley
      talking to Doyon mapper during break



    My running notes from the meeting. Beware:  These notes give you the gist of what was discussed.  It's not verbatim but you can get a sense of who spoke and what was said.  The meetings of  the 2020 Census round are all available live and I believe recordings will all be available at the Board's website.  On the one hand, that makes these notes less important.  On the other hand, these notes can alert you to where to look for things of interest when the tapes are available.  For figuring out names of Board members, see this post.  I've tended to use first names because that's how they are being called and it's easier to type on the fly.   For staff, see this post.   You can also see pictures of the attorneys at this post of their mapping training.  

    Redistricting Board Meeting

    (Everyone masked as required)

    10:10am  


    All the Documents/Slides are available at:  https://www.akredistrict.org/alaska-population/


    Public Testimony


    Kay Brown - . . . .former legislator - Use maximum deviation possible.  competitive districts, where every vote matters,  consistent with public interest.  Finally do not gerrymander the map.  There is a party in control of this process, do not make that an issue.  Thank you for your service.  Actions you take will affect state for ten years.  


    Question, Binkley  What do you mean by max deviation?  Given our size, be ready to protect minority strength using maximum deviation if necessary.  


    Online:  Hooper Bay - William Manning - Camai.  [Cut off]


    Move to Anchorage, no, audio tech says ok.  Brief at ease - kicked off the system.  


    10:20 back on line after break where people were talking.  


    William Manning - Hooper Bay, waiting for the connection.  Believe they can hear us, but we can’t hear him.  


    Christopher Constant - MOA Assembly - Substantially consequential because we created a 12th member of Assembly - Downtown will be growing and we’ll be doing our own redistricting process in parallel with you.  Hope we can keep our precincts as close to your statewide districts.  


    14 people in the audience.


    Time frame:  immediately after State - we need 60 days and then 6 months to complete.  We are beginning internal process to get it done sooner and try to be early.  Probably won’t go into effect for 2022 because we need to do it by Dec. 2021.   Based on State’s initial final plan, not after all the court decisions.  


    10:26  Suspended again because, I think, recording system isn’t working.  



    10:32 Tech problems solved, hopefully.


    Joelle Hall - President of Union.  Chair of Alaskans for Fair Redistricting.  Thank you for work you’re doing.  Important for so many of us.  

    Look at size of districts - looking at rural Alaska maps, getting bigger and bigger as pop grows.  Max deviations to allow a little less geography.  Clearly have a majority-minority issue and diversity growing and should be recognized.  Community interest and urban diversity reflected in the districts.  This should be an educational and entertaining process.  


    Paul Kendall - 


    ?? Silvers - Hulbert?  on council,  [Wanted to change pairings of Senate districts M and N]  Senate districts M and N in South Anchorage - underrepresentation for ??? Anchorage residents.  These districts should be mapped to reflect the issues of the two - Combing 25 M  and 26N ?? and 26 M 28 N Would better reflect socially .  East Anchorage in one district and South Anchorage in another district.  Go east/west not north/south.  


    Major Felisa Wilson - Ret AF Med Officer, recently retired.  Came to give insight how Base is set up.  Now Joint Base El is in one district and Fort R with Eagle River.  Helpful if base communities stay together - near Boniface is lower rank folks,  Govt Hill more senior.  

    Cols and Generals w/o off base homes on.   Lot more diversity in army personnel than Airforce.  Based on Housing areas.  


    How can we get in touch with you to follow up?  

    Melanie - took notes, lots of info, but would be helpful to be specific for maps later.


    Try online:

    William Manning in Hooper Bay - [We did receive letter from mayor of Hooper Bay - connected with that?]  Thanks for letting me speak.  Local leaders on the record letter, Hooper Bay should be part of Bethel district - it’s the key hub for us, funding, housing src services served by Bethel.  Consider ourselves as part of YK Delta.  


    John:  Having lived in Bethel for many years, I understand what you’re talking about.  


    Sarah Oped   From Doyon.  Morning from Fairbanks.  Thanks for opportunity.  Sarah Obed From Fairbanks testifying on behalf of Doyon.  20K  AK Native shareholders.  Strengthen our way of Life.  Fairbanks Native Association to create maps to ensure state support of Native Alaskans.   Communities are not included together in single districts - fractured.  We will be presenting Board with our efforts to make statewide map.  Approach to mapping interior to overcome current fractured interests.  


    John:  Thanks, looking forward to seeing your maps.  If you can keep Doyon in a couple of House districts I’ll be impressed.  


    Nicole - elaborate on how many districts fractured 

    Sarah - voter turnout data, polled McGrath and other villages a minority vote for voters in that region. People in villages it’s very hard to have impact.  


    10:58  John:  Followup, when you see fracturing, not socially economically related.  [If split into different districts] then have multiple senators or reps looking for you interests.  


    Sarah:  Great question - that was discussion argument in 2014 amended proclamation plan.  We had a number of representatives for Doyon, but overall we need more focused representative.    That’s been in place since 2014 -


    All the testimony - Mr. Kendall - Paul Kendall - concerned about our government, lost sense of purpose, priority, you are all very accomplished.  Open plea to you Juneau is now an embarrassing.  Magnitude is unprecedented. Keep plan target images, concentrations of populations.  Hubs of activity.  Like it or not, Anchorage is the hub of the state.  

    [This is a macro critique about problems of the world, I’m not sure the direct connection to redistricting.]



    No one else?  Close public testimony


    Census Data presentation from Mr. Eric Sandberg  - 32 slides of changes from 2010 census and the 2020 Census.  Graph of growth over time - this last decade smallest growth

    2.  Change by census areas.  Purple decreased

    Largest growth Matsu 18K   Kenai 3400.  Outside of those in Western Bethel 900, Slope 

    Fairbanks and Anchorage declined.  Unusual.  Much of missing growth in those two borroughs.

    3.  Non-Census slide - Dept of Labor estimates - rate of early natural increase (births-deaths) everywhere had more births than deaths.  Highest natural increase in Western Alaska.  Lower map, rate of yearly net migration. 

    4.  Pop changes for precincts  - Current house districts on top.  Western Alaska pop growth, remote as well as hub.  Decreases - Kotzebue, Red Dog mine went down.  Aleutians lost >100/precinct.  

    5.  Anchorage- top JBER districts largest loss @3000.  Anchorage neg for decade, not just JBER.  Mt. View, Fairview, Seward Highway down,  Hillside up.  Downtown core up 500

    6.  Eagle River stayed at 35K, but people shifted.  Downtown loss, but pop growth, north fork of ER Road.  

    7.  Matsu - highest growth - 18K - a slowdown for them, last time by 30K - all over the Borough except for city of Palmer, Sutton and chicaloon.  Bishop region and Pt Mckenzie growing - prison is much of that.  

    8..  Fairbanks lost 1600 people throughout all, but UAF campus 2010 1400, 2020 400, could be COVID related, appears some issue on counting.  Growth areas  - Frt Wainright  only base to grow, changed how deployed soldiers counted.  2010 - overseas pop in state where they enlisted, in 2020 at home base.  

    9.  Kenai, about 3400 people up - Much of road system growth - outskirts of Seward, Homer, Kasiloff, Sterling, and parts of Kenai, Soldotna.  Off road system - all lost - Tyonek etc.

    10.  SE mixed growth - highest Mendenhall Valley, Ketchikan, Hoonah, Skagway fastest, Haines down 500, still looking into why.  Number of housing units dropped.  Sitka and Wrangell declines.

    11.  Juneau - airport lemon creek growth.  Downtown, North Doughlas, declined.  

    12.  Same maps but with rates of change.

    Questions:  Matsu faster or slower than state average.  3 areas grew 15% points.  Matsu, 20% also Slope 17% growth, and Skagway 28% growth.  

    Above average - rural SE, Kenai,   Western Alaska- 


    Answering question about rural areas - unclear why, could have been undercounted in 2010


    14  JBER stands out for large decline -15%  also large sections of Western Anchorage- Mt. View, Bayshore.  Other parts grew - Downtown Core - Basher/Stuckagain,  Lower Hillside, Kincaid


    15  Eagle River roughly same 2010 to 2020

    16.  Fairbanks - Ft. Wainwright   Most FB -12%;  wondering if F35’s to eastern side of Borough, but did not seem to be the case.  Eilson declined.  


    How districts from 2010 how far off on 2020 data.


    12:06  


    Back in session - Peter Torkelson Exec Dir  talking about how Board received information from Census.  This is on the Board’s website

    Expect by Sept. 30.  Ohio sued.  Census determined they could get data done by mid-August.  

    Aug 5 tweeted - August 12.  I checked if that was real.

    Got data on drop site August 12, we downloaded the zip file.  Unzipped opens into four large text files.  About 45 MB of data.  Do contain fields.  Also have cells, but separated by a special character.  Shift Option key.  

    Easy for program to read, not for people.  

    Converted to excel


    Validation - Compared 3800 cells we matched - they all matched perfectly.  Quite confident we have the right data.  

    Census Bureau will ship us a disc and when we get that we’ll double check it all again.  


    Look at Website you can see district by district changes in population.  


    More files you can open with Google Earth.  

    You can explore 2010 data vs. 2020 data.  [I tried and none of my programs worked.  KMZ  But now I know I need Google Earth to open them.]


    Q:  What happens if the data doesn’t match when you get the final.  


    John - Going into ES, but maybe we can have a little introduction. 


    Peter:   AK Constitution   Board must adopt one or more plan within ?? Days - Last Board adopted 5 maps including their own and ones other had made.  They felt more better.  Trying to find areas of agreement.  Hoping we’ll get 3rd party maps and heard from some people we will.  

    Constitutional part :  30 days to draft one or more proposed plan, the 60 more days (90 after official receipt) need to do that.  Need to take our plan(s).


    Attorney Matt:


    Asking Matt to talk a little about why going into ES and a little about the cases so public knows.


    Matt  Meeting to review my legal advice.  Reviewing = my opinions are confidential.  For public key places - 

    Article 6 of Constitution Section 10 outlines process and requirements and Sec. 6

    AK Supreme Court each time established guidelines for Redistricting Board  process by which it must be done and directions for deviation and how down in light of decisions - so another source

    Available where public can search those cases.  

    Guided by Constitution and Alaska Supreme Court.  


    Going into ES.  Motion with vague reason for going into ES.  

    If lunch comes during ES, we’ll eat.  Come back when we’re done.  Not sure how long.  Maybe up to an hour.  

    12:30 now.  Should we say 1:30?  

    Coming back at 1:30.


    1:50 post ES and lunch back in session.  9 audience members now


    Timeline - Peter constant contact with Census because our timeline based on release of Census Data.  Told Sept. 30.  After the official release date by law.  Noticed that it said “Official” on our website for date.  Talked to CB and date of Aug. 12 is NOT official.  Don’t actually know for sure what the official date.  We are asking the Board to make Sept 11 which is 30 days after Aug 12.  

    Sept 11, adopt at least one map.


    John - Pushing process forward instead of pushing it back.  

    Matt - tied to release of census.  In prior decades it occurred in March.  90 day deadline, 30 to put out proposed plan and then 60 days.  

    Also had file deadlines, election dates that give time pressures for getting plan in place.  Treating Aug 12 as official data is most consistent with Constitution.  


    Peter:  Sept 11 adopt ‘a plan’ by.  Then 90 days from official receipt - Nov. 10.  We can be earlier.  I recommend that due to change of dates:

    Sept. 11 and allow 3rd parties a little longer - Dec. 2 - if a 3rd party gets a realistic plan allow them to explain their plan and allow it.  Adopt all 3 as drafts so when go on public tour we can have more plans.  

    We’ll take the 2nd week and Board could have a second plan.  

    John:  Census B had a later date, then gave preliminary data Aug. 12, then decided that Aug. 12 was official.  June 1, 2022 = expedite process as much as we can given the lateness already.  So legislators can know and file for office.  

    Melanie - with shorter time frame, public needs adequate time to write up plans and comment on draft plan.  

    John:  One of most important aspects is getting comments from public.  

    Melanie:  Be clear, still waiting for official letter from CB, we just have email and cut and paste from their website.  CB could still change it to Sept 30 again.  

    John:  We have better tools - software - and public has that too so it should be easier for public to make maps too.  

    Recommended motion?

    Peter:  

    TJ:  Aoption of draft plan….?  

    Matt:  Best practice to adopt a proposal and publish it.

     Nicole:  At least one draft by Sept 11 and 17 for others to submit and final plan by November 10.

    John:  some flexibility.

    Nicole:  Don’t intend to have flexibility for the end day.  It’s a Wednesday.  

    John:  Can’t go beyond the 10th. 

    Nicole:  In ES also talked about give public maximum chance to participate.  Not willing to add flexibility to end date.  

    John:  We could work on 4th and 5th and have it by the 10th. 

    Melanie:  Don’t want to be like CB saying maybe, we should have a clear and final dates.

    John:  No objections?  Adopted.

    Workflow process.

    Peter:  No formal presentation.  One member to draw it up and show Board. Adopt that part of the state.  Probably most flexible.  Having two members in subcommittee might be better than just one.  Break it into smaller pieces.  Something that 

    1st .  If do whole state, end up with one terrible district.  If we divide it into region, but each region must be given a population and divide it up.

    Six natural regions.  And then interlock all six at the end.  There will be a reconciliation at the end.  

    Regionalization to avoid the left-over seat problem.  

    TJ:  2 members plus staff.  1 and floating member.  1+chair on each committee.  They would come to office and work with staff, public could come in.  There would be dead times and then time when full committee comes together.  Work of subcommittees is just to break up the work.  Make sure public is involved and subcommittee work not meant to be binding.  

    Peter - this office belongs to Legislature and not available all the time.  In our office we’ll have big screen that people can watch.  Database with questions and rationale.  

    Start with ??.  Questions, recs, rationale.  

    Started with city X and did this and that for these reasons.  

    Learned from Mr Sanders we have a lot of changes.  Can we modify existing districts.  Document decisions and bring them back to the Board.  We have room for maybe 20 people.  


    John:  Start with Eric (Sandberg) thoughts on regionalization.  


    Eric Sandberg:  


    Kodiak Kenai 4.1 districts

    SE  3.91 districts

    Western - 37-40, over 4 districts


    Nicole - How many 

    Eric: 2010 1-6 

    Nicole - were are the district boundaries of the 1-6

    Sandberg:  Peter asked me to use the new data and do the same thing

    Anchorage Same geography and add back Fort Rich with ER and back to Anchorage.  13.92 districts   

    Questions from Board -  slides and handouts


    [The regionalization process does make some assumptions about how to divide the population, but I’m guessing this is pretty neutrally intended.  Using terms like over and under populated - but that means compared to previously and related to 18,335 people per district. It seems to me that when the regional groups come together there will be big probs. As you adjust on one regional border, it will affect the other regional boarders.]

    Melanie:  Can you drill down to see Alaska Native percentages?  


    John:  Thanks for presentation  Board discussion?

    Nicole:  In ideal world, preference we come together as a Board, but given the compressed time line.  We could work in different combinations of members on different regions.  More interaction among board members and also better understanding of the regions.  


    Discussions of how to divide the regions up. Looking at total population in region along with geography.  


    Each subcommittee represents  

    How many people involved in how many regions - familiarity with regions 


    John:  Maybe since Anchorage is so significant we do that as a whole Board.  


    3:14  - Peter:  Agenda is for two days. Recommend we recess now.  Anyone who wants to work on map making now can stay and do that.  


    Tomorrow Agenda 8c and 8d, 9 was done, tomorrow 10 Map making


    5 minute recess  3:17



    3:39  After lots of audience/Board (John and Peter) discussion during break about the impacts of starting with the Board’s regions and how that locks things in later.  


    Now in session again.  Down to seven audience.  


    Peter - looking at Matsu - where are the people - northern edge.  Talking about how to link people as social-economic community - debating how you make new Matsu districts - north, east, south?


    The board is working on a a map starting from Matsu.  I’ve lost track of what they are doing.   Now they have focused on Fairbanks.  


    4:25 - John - opening up to more public comment - a response to comments during last break


    David Dunsmore - Alaskans for Fair Redistricting - suggest by Borough how much population and regionalization discussion.  One of most objective criteria is respecting local government boundaries.  Maps don’t allow the Anchorage-Matsu boundary - population doesn’t allow much combination.  Start by identifying - Anch has about 15.88 ideal house seats.  Choice of 16 house seats keeping socially-economically integrated, where you you get extra population.  Issues like that across the state.  Appreciate you taking time to listen to us.  

    Tanner Ander???  Working with Doyon - Interior and SE Coalition.  Regionalization issues.  Work we have done shows some of the pitfalls when doing regionalization of interior.  Puts assumptions that regionalization imposes

    1. Assumption - putting Matsu B with Ahtna region - so made changes in those areas.  But if you took the Denali B and assigned those instead of Glenallen Ahtna area, the numbers work out perfectly.  If you go to Fairbanks and take two districts and combine with rural communities that allow dominant rural voice.  We have 1.6%.  Numbers can work.  We hope Board will take our map into consideration.  Not presenting magical thinking, but a real map.  If you think Denali B has to be combined with Fairbanks B.  

    Peter - are you going to have a statewide plan?  Yes

    Nicole:  Can we see this?  Yes

    BuDD-   

    We’ve been working for months to get this done.  We know everyone is under compressed time frame.

    Melanie:  Big change from ours?

    Tanner:  Except for pairing Denali Borough with Matsu instead of FB, otherwise very similar.

    John:  Anyone else?  

    Matt:  As bord thinks about how it organizes itself, there’s no constraints, 

    John:  Ultimately whole board makes its decision as a whole.  Just trying to figure out the best way to get the job done.  


    Saturday, July 17, 2021

    Freedom To Kill With Speech - Top 12 Anti-Vaxxers

    [Overview:  basically there's

    1.  And introduction about how perilous the times are

    2.  A list of the Dirty Dozen

    3.  Comments here and there about the need to adapt our legal thinking about Free Speech and the internet to be able to stop clear, dangerous, disinformation

    4.  Some links to sites that offer suggestions for how to do this - though I can't say that I found anything that has anything close to a magic bullet.  At least you can get the sense that people are working on this.]


    The Center for Countering Digital Hate posted a study March 24, 2021 called The Disinformation Dozen.   The first point in the executive summary is:

    "1. The Disinformation Dozen are twelve anti-vaxxers who play leading roles in spreading digital misinformation about Covid vaccines. They were selected because they have large numbers of followers, produce high volumes of anti-vaccine content or have seen rapid growth of their social media accounts in the last two months."

    I'm a firm believer in the First Amendment protections for free speech.  But there comes a point when people say things that do significant damage.  We have libel and slander laws.  We have hate speech laws. All put limits on speech.  

    Perilous Times

    Right now we are in a battle.  On one side is democracy and the rule of law and knowledge and action based on science. On the other side we have  the rule of power - based on personal opinion, misinformation, religion, playing on people's emotional weak points. 

     The Senate did not impeach Trump after the insurrection. Half the Senators still won't publicly acknowledge that Trump lost the election.  The GOP refuses to take action against treason.  Their  personal power and wealth is more important than the survival of democracy.  Plus the Monied Right have given us a Supreme Court now that may well support moving to an autocratic theocracy.  

    US citizens tend to believe their democracy is immortal.  It's not.  It's being severely tested now. What happens in the next few years will change the world for better or worse.  There's no guarantee those on the side of freedom and equality will be the victors in this new civil war.

    We must adapt our laws to deal with threats that the internet enables.  I don't have the answers, but I do have the questions.  

     From what I can tell, money is a factor in all of these cases.  Tat a minimum they have lots of followers on social media, so ad revenue is an issue.  And for a number (if not all) of these folks, there are side hustles - video tapes, alternative medicines, etc. - that bring in a lot of money.  Probably speaking engagements add up too.  

    I'm guessing that for some, the money is the main draw.  I don't know how many of these people believe what they are saying.  We know that outrageousness generates clicks.  But I'm sure a few of these despicable people have convinced themselves they are speaking the truth.

    The spreading of disinformation is a key weapon in the arsenal of autocracy.  

    The List

    These are the 12 (really 13) people they Center for Digital Hate identified.   The report also has examples of the kinds of post they distribute.  

    [All these profiles are from  Center for Countering Digital Hate  a study The Disinformation Dozen. [The pics of the perps didn't transfer over to here and it's more work than I want to do to redo them all, so for the pics I recommend visiting the original source linked two lines up. It also includes examples of their dirty work.]] 

    1 Joseph Mercola

    Facebook: Active

    Twitter: Active

    Instagram:Active


    Joseph Mercola is a successful anti-vaccine entrepreneur, peddling dietary supplementsand false cures as alternatives to vaccines. Mercola’s combined personal social mediaaccounts have around 3.6 million followers.


    2 Robert F. Kennedy Jr.

    Facebook: Active

    Twitter: Active

    Instagram: Part Removed


    Kennedy is a long-standing anti-vaxxer, and his Children’s Health Defense (CHD) hosts a range of anti-vaccine articles.

    Kennedy’s account was banned from Instagram on 8 February, yet his Facebook Page remains active, as does the CHD’s Instagram page.

    Kennedy and Children’s Health Defense released a film in mid-March targeting members of the Black and Latino communities with tailored anti-vaccine messages. Facebook and Twitter continue to allow him a platform to promote these false claims.


    3 Ty & Charlene Bollinger

    Facebook: Active

    Twitter: Active

    Instagram: Active

    Ty and Charlene Bollinger are anti-vax entrepreneurs who run a network of accounts that market books and DVDs about vaccines, cancer and COVID-19. In 2020 they launched the United Medical Freedom Super PAC ahead of last year’s United States elections.

    The Bollingers have promoted the conspiracy theory that Bill Gates plans to inject everyone with microchips as part of a vaccination program.

    From AP:

    “You’re going to love owning the platinum package,” Charlene Bollinger tells viewers, as a picture of a DVD set, booklets and other products flashes on screen. Her husband, Ty, promises a “director’s cut edition,” and over 100 hours of additional footage.

    Click the orange button, his wife says, “to join in the fight for health freedom” — or more specifically, to pay $199 to $499 for the Bollingers’ video series, “The Truth About Vaccines 2020.”

    The Bollingers are part of an ecosystem of for-profit companies, nonprofit groups, YouTube channels and other social media accounts that stoke fear and distrust of COVID-19 vaccines, resorting to what medical experts say is often misleading and false information.

    Wikipedia says he's a former body builder with no medical training.  


    4 Sherri Tenpenny

    Facebook:Part Active

    Twitter: Active

    Instagram: Active

    Sherri Tenpenny is an osteopath physician who spreads anti-vaccine sentiment and false claims about the safety and efficacy of masks via her social media channels. While her Facebook account has been removed, her Twitter and Instagram are still intact.

     From Wikipedia:

    "Since 2017, Tenpenny and her business partner, Matthew Hunt, have taught a six-week, $623 course titled "Mastering Vaccine Info Boot Camp" designed to "sow seeds of doubt" regarding public health information. During the course, Tenpenny explains her views on the immune system and vaccines, and Hunt instructs participants on how best to use persuasion tactics in conversation to communicate the information.[9]

    Tenpenny promotes anti-vaccination videos sold by Ty and Charlene Bollinger and receives a commission whenever her referrals result in a sale,[10] a practice known as affiliate marketing.[11]"


    5 Rizza Islam

    Facebook: Removed

    Twitter: Active

    Instagram: Active


    Rizza Islam’s anti-vaccine posts aim to spread vaccine hesitancy amongst African Americans. While Facebook removed Rizza Islam’s Facebook Page in February, he continues to post anti-vaccine messages from his Instagram and Twitter accounts. 


    From Wikipedia entry on the World Literacy Program of which Rizza Islam was Executive Director.

    World Literacy Crusade (WLC) is a non-profit organisation formed in 1992 by the Rev. Alfreddie Johnson to fight illiteracy, and supported by the Church of Scientology.[1][2] The group uses "study technologies" and "drug rehabilitation technologies" developed by L. Ron Hubbard, the Church's founder.[3][4] It has been characterized as a "Scientology front group",[5][6] and has been promoted by celebrity Scientologists such as Isaac Hayes and Anne Archer.[1]

    Legal issues

    The LA Times reported in 2008 that about 100 protestors gathered outside of the World Literacy Crusade offices after being sold fake low cost housing vouchers for as much as $1500. Officials at WLC admitted to selling the free vouchers, but stated they did not know they were fake.[7] The Compton, Californian offices of the WLC housed a drug detox program using “dry heat sweat therapy”.[8] In 2015 the executive director of WLC, Hanan Islam, Ronnie Steven Islam (AKA Rizza Islam) and her adult children were arrested for Medi-Cal fraud and insurance fraud for billing for this detox program.[9][10]

    The Anti-Defamation League cites his anti-Semitic and anti-LGBTQ rhetoric. 


    6 Rashid Buttar


    Facebook: Active

    Twitter: Active

    Instagram: Active

    Rashid Buttar is an osteopath physician and conspiracy theorist known for videos posted to his YouTube channel.

    From Wikipedia:  

    Rashid Buttar

    From Wikipedia, the free encyclopedia

    Rashid Buttar

    Nationality American

    Education Des Moines University

    Occupation Physician

    Known for Conspiracy theories, 

    Anti-vaccine views

    Rashid Ali Buttar (born January 20, 1966) is an American osteopathic physician from Charlotte, North Carolina, also known as a conspiracy theory and vaccine hesitancy proponent.[1] He is known for his controversial use of chelation therapy for numerous conditions, including autism and cancer.[2] He has twice been reprimanded by the North Carolina Board of Medical Examiners for unprofessional conduct[3][4] and cited by the U.S. Food and Drug Administration (FDA) for illegal marketing of unapproved and adulterated drugs.[5][6][7]

    7 Erin Elizabeth

    Facebook: Active

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    Erin Elizabeth, partner to Joseph Mercola, runs Health Nut News, a prominent ‘alternative health’ website with affiliated newsletter and social media accounts.


    8 Sayer Ji


    Facebook: Active

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    Instagram: Part Removed


    Sayer Ji runs a popular alternative health website, GreenMedInfo.com, and affiliated social media accounts that promote pseudoscience and anti-vaccine misinformation. Despite his GreenMedInfo accounts being removed by Twitter and Instagram, it is still available on Facebook.

    An article on GreenMedInfo.com falsely claimed that "The FDA knows that rushed-to- market COVID-19 vaccines may cause a wide range of life-threatening side effects, including death."


    From Wikipedia:

    "Ji obtained a BA in philosophy from Rutgers University in 1995.[2] He has previously owned an organic food market in Bonita Springs.[3][4]

    He is the former editor of the defunct International Journal of Human Nutrition and Functional Medicine [5] and a member of the advisory board and a former vice-president of the National Health Federation, a lobby group opposing government regulation of alternative health practitioners and supplements retailers.[5][6][7][8]

    Ji became popular promoting common alternative medicine beliefs, such as enthusiasm for ancient healing practices and the claim that the appearance of some foods is meant to indicate which organ of the human body they are meant to cure.[5] While he always invited his readers to be suspicious of governments, health authorities and pharmaceutical companies, during the COVID-19 pandemic Ji joined other proponents of alternative medicine in embracing conspiracy theories about allegedly oppressive global organizations.[1][9]

    Ji denies being an anti-vaccination activist, but consistently shares false or misleading messages about vaccine safety and efficacy.[10][5][11][12] He is married to Kelly Brogan, another well-known promoter of medical misinformation.[11] He lives in Florida.[8][13]"


    9 Kelly Brogan

    Facebook: Removed

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    Kelly Brogan is the partner of fellow alternative health entrepreneur Sayer Ji. She claimsto practice “holistic psychiatry” and sells a range of books and courses from her website.


    10 Christiane Northrup

    Facebook: Active

    Twitter: Active

    Instagram: Active

    Christiane Northrup is an obstetrics and gynecology physician who has embraced alternative medicine and anti-vaccine conspiracies. She has used her social media accounts to spread disinformation about the COVID-19 vaccine.

    11 Ben Tapper

    Facebook: Active

    Twitter: Active

    Instagram: Active

    Ben Tapper is a chiropractor with a growing following on social media. He has routinely posted COVID disinformation and spoken out against masking.

    Example Violations


    12 Kevin Jenkins

    Facebook: Active

    Twitter: Active

    Instagram: Active

    Kevin Jenkins is an anti-vaccine activist with a growing social media presence who has appeared at public events with Robert F. Kennedy, Jr. Jenkins has called vaccines a“conspiracy” to “wipe out” black people and is a co-founder of the Freedom Airway & Freedom Travel Alliance, a company founded in late 2020 to help its members travel around the world without observing any masking, quarantining, vaccination, or other pandemic control measures.

    The report is pushing for Facebook, Twitter, and Instagram to shut down their accounts - and some of these folks have many different accounts.  

    They succeed because of people like the man below.

    [Note:  I've googled the text of this cartoon hoping to identify the cartoonist.  There are many places that have put this up.  But the creator's name I couldn't find.  I thank the creator and I'll add your name if you notify me who you are.  Or take it down if you prefer.]


    The idea that constitutional rights can't be abridged comes up against the fact that the exercise of one person's constitutional rights can curtail the constitutional rights of others. Then we have to evaluate which right is more critical.  Letting FB cut people off is not an issue because it's the government, not private companies, that must not abridge people's rights.  Companies may set conditions which apply to all users equally - based on behavior, not inherent traits such as race and gender.  


    What can you do?

    I don't want to just offer bad news without giving people some ideas of what can be done about it.  People should share such information with policy makers - you can easily email your members of Congress even if you don't have the power to implement these things yourself.  Or you can join or donate to organizations that fight these problems.  Here are a few ideas just to remind you that every problem has ways to mitigate it and people who have taken on this project.  

    How to fight lies, tricks,and chaos online -   There are a number of sites that offer individuals steps to prevent receiving misinformation.  This is one of the best I saw.  It also includes when to report to law enforcement.  And it recognizes that this is all complicated and no checklist is fool proof.  This is definitely worth a look.

    A guide to anti-misinformation actions around the world - This offers a list, country by country, of measures to stop the spread of misinformation.  Unfortunately, many of the countries are authoritarian regimes that don't offer us much help.  But worth a look to see what other democracies are doing.

    MITIGATING MEDICAL MISINFORMATION: A WHOLE-OF-SOCIETY APPROACH TO COUNTERING SPAM, SCAMS, AND HOAXES

    "This brief addresses how the public health sector, along with a coalition of civil servants, media workers, technology companies, and civil society organizations, can understand and respond to the problem of medical media manipulation, specifically how it spreads online. Here we present a supplementary research-and-response method in correspondence with the World Health Organization (WHO)’s already suggested framework for dealing with the infodemic, with a focus on media manipulation.2"

    How to Slow the Spread of Disinformation: A Guide for Newsrooms - 

    Congressional Panel On Internet And Disinformation... Includes Many Who Spread Disinformation Online - This one has a promising title, but it doesn't live up to the promise.  It demonstrates the problem of people writing about complex without really being experts themselves. (Like I'm doing here.)  This person writes very little about what was debated.  He basically pulls out stuff he disagrees with and throws up his hands.  The comments, though, offer a sense of the complexity and conflicts of goals involved in all this.  

    How Data Privacy Laws Can Fight Fake News  - This post argues that by protecting personal privacy online, it would be harder for people to be targeted for mis- and disinformation.

    That's enough.  People are working on this.  Find them and support them.  

    Thursday, February 04, 2021

    "The Earth is round. Two plus two equals four. Joe Biden and Kamala Harris won the 2020 election for President and Vice President of the United States" Smartmatic v. Fox

    Smartmatic, a maker of election technology is suing For News for knowingly broadcasting lies about their company for financial gain.  

    Fake news is not new. In a post about Misleading Headlines I wrote about serious problems rife in the US from 1898 when there was a circulation feud between the Hearst's and the Pulitzers.  

    But Fox News goes well beyond headlines.  The  whole story is often totally made up.  The First Amendment has been interpreted to give a lot of leeway for legitimate news media to make honest, even sloppy  mistakes.  

    However, as you read the allegations in this case (and based on everyone's personal experience either with Fox News directly or on the ever-present clips on different social media) it's clear that Fox has often pushed the protections of the First Amendment to the point that they are actually causing harm to people and companies and endangering democracy, by labeling fiction as non-fiction.

    Distinguishing Free Speech from Slander and Libel

    So how do we balance free speech and slander and libel?  There have always been laws against slander and libel.  Smartmatic is claiming that Fox and its on air spokespersons not only made patently false claims, but they knew that they were doing it, and in doing it they did Smartmatic irreparable harm, for Fox's financial gain and to help reelect Trump.  

    Findlaw outlines the key elements of libel (written) and slander (spoken).

    To prove either type of a defamation lawsuit, plaintiffs must prove the following elements:
    • The defendant made a false and defamatory statement concerning the plaintiff;
    • The defendant made the defamatory statement to a third party knowing it was false (or they should have known it was false); and
    • The publisher acted at least negligently in publishing the communication.
    It's clear Smartmatic's lawyers know these basic principles of the law and there charges go well beyond claiming damage to Smartmatic and intended gain for Fox.  I'd note I had some personal education on this topic when an attorney sent me an email threatening to sue me if I didn't take down a post the speculated about whether his client was a scam.  Fortunately I had access to a great Alaskan First Amendment attorney who wrote a letter in response.  

    Here's a link to the suit Smarmatic filed.  And excerpts below are taken from the documents filed today.

     

     SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

    --------------------------------------

    SMARTMATIC USA CORP., SMARTMATIC INTERNATIONAL HOLDING B.V., and SGO CORPORATION LIMITED,

    Plaintiffs, -against-

    FOX CORPORATION, FOX NEWS NETWORK LLC, LOU DOBBS, MARIA BARTIROMO, JEANINE PIRRO, RUDOLPH GIULIANI, and SIDNEY POWELL,

    Defendants.


    The basic narrative of the case is that Fox knowingly made up facts defaming their company for Fox to gain a bigger audience and it did great damage to the company. 

    INTRODUCTION1

    1. The Earth is round. Two plus two equals four. Joe Biden and Kamala Harris won the 2020 election for President and Vice President of the United States. The election was not stolen, rigged, or fixed. These are facts. They are demonstrable and irrefutable. [emphasis added]

    2. Defendants have always known these facts. They knew Joe Biden and Kamala Harris won the 2020 U.S. election. They knew the election was not stolen. They knew the election was not rigged or fixed. They knew these truths just as they knew the Earth is round and two plus two equals four.

    3. Defendants did not want Joe Biden and Kamala Harris to win the election. They wanted President Donald Trump and Vice President Michael Pence to win re-election. Defendants were disappointed. But they also saw an opportunity to capitalize on President Trump’s popularity by inventing a story. Defendants decided to tell people that the election was stolen from President Trump and Vice President Pence.


    The Table of Contents gives you the general narrative of their case.  I'll give you just a taste of what's there.  Again, the link his here.

     

    FACTUAL ALLEGATIONS ....................................................................................................... 12

    1. Smartmatic’s Role as an Election Technology Company ..................................................... 13

      1. Smartmatic grew from a small start-up into a successful multi-billion-dollar
        enterprise. ....................................................................................................................... 14

      2. Smartmatic’s success was built on its reputation for secure, reliable, and auditable election technology and software. .................................................................................. 18

      3. Smartmatic had a relatively small, non-controversial role in the 2020 U.S. election. ... 19

        1. Los Angeles County introduced a new Voting Solutions for All People initiative for the 2020 U.S. election................................................................................................ 19

        2. Los Angeles County selected Smartmatic to contribute election technology and software to the Voting Solutions for All People initiative. ....................................... 22

        3. Smartmatic’s involvement with Los Angeles County was a success. ....................... 23

      4. Smartmatic quietly celebrated its success in Los Angeles without knowing what was coming from Defendants. ............................................................................................... 25

    2. Defendants’ Disinformation Campaign Against Smartmatic ................................................ 27

      1. Mr. Giuliani and Ms. Powell created a story about Smartmatic. ................................... 30

      2. Fox Defendants joined the conspiracy to defame and disparage Smartmatic and its election technology and software. .................................................................................. 32

      3. Defendants engaged in a widespread disinformation campaign against Smartmatic and its election technology and software. ............................................................................. 34

      4. Defendants used multiple platforms to spread disinformation....................................... 57

      5. Defendants presented their statements about Smartmatic as facts, not opinions ........... 67

    3. Defendants’FalseStatementsandImplicationsAboutSmartmatic......................................78

      A.  Defendants falsely stated and implied that Smartmatic’s election technology and software were widely used in the 2020 U.S. election..................................................... 79

      B.  Defendants falsely stated and implied that Dominion used Smartmatic’s election technology and software during the 2020 U.S. election................................................. 84

      C.  Defendants falsely stated and implied that Smartmatic fixed, rigged, and stole the 2020 U.S. election for Joe Biden and Kamala Harris.............................................................. 92

      D.  Defendants falsely stated and implied that Smartmatic sent votes to foreign countries for tabulation during the 2020 U.S. election. ............................................................... 102

      E.  Defendants falsely stated and implied that Smartmatic’s election technology and software were compromised or hacked during the 2020 U.S. election. ....................... 106

      F.  Defendants falsely stated and implied that Smartmatic was previously banned from providing election technology and software in the United States. ............................... 112

      G.  Defendants falsely stated and implied that Smartmatic is a Venezuelan company founded and funded by corrupt dictators from socialist and communist countries...... 115

      H.  Defendants falsely stated and implied that Smartmatic’s election technology and software were designed to fix, rig, and steal elections. ................................................ 122



    IV. Defendants Acted with Actual Malice and Ill Will Towards Smartmatic........................... 132

        A.    Defendants had no support for their statements and implications regarding

    Smartmatic. ................................................................................................................... 133

    1. Defendants did not have sources to prove something that did not happen.............. 134

    2. Fox Defendants eventually admitted they had no basis for their statements and implications about Smartmatic. ............................................................................... 135

    3. Fox News knew its anchors and guests lacked a basis for their statements and implications about Smartmatic. ............................................................................... 143

    4. Defendants purposefully avoided learning the truth about Smartmatic and its election technology and software. ......................................................................................... 147

    B.  Defendants had access to information showing their statements and implications about Smartmatic and its technology and software were factually inaccurate....................... 148

    1. Defendants knew Smartmatic’s election technology and software were not widely used in the 2020 U.S. election (and were not used in contested states). ................. 149

    2. Defendants knew Smartmatic’s election technology and software were not used to fix, rig, or steal the 2020 U.S. election. ................................................................... 160

    That's enough to get you started.  The Roberts court has given a lot of deference to the First Amendment, but it seems this case is going to help the draw some lines.  And if the Plaintiffs are successful, there will be a new weapon against fake news.   This could be an important step in the fight against fake news.