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Flawed Bill to Protect Children from Child Pornography Passes From Judiciary Committee: Objections & Solutions

On July 28, the House Judiciary Committee today passed a bill to help investigators track down dangerous pedophiles and protect children from sexual exploitation. The bill passed by a vote of 19-10. The Protecting Children from Internet Pornographers Act of 2011 (H.R. 1981) directs Internet Service Providers (ISPs) to retain subscriber information for 12 months in order to assist federal law enforcement in online child pornography and child exploitation investigations. This is similar to existing federal law that requires telephone companies to retain caller information for up to 18 months.

H.R. 1981 also makes it a federal crime to financially facilitate the sale, distribution and purchase of child pornography. The bill increases the maximum penalty for certain child pornography offenses. H.R. 1981 was sponsored by House Judiciary Committee Chairman Lamar Smith (R-Texas) and Congresswoman Debbie Wasserman Schultz (D-Fla.)

During a press conference, Chairman Smith commented,

“Child pornography may be the fastest growing crime in America, increasing an average of 150% per year. These disturbing images litter the Internet and pedophiles can purchase, view or exchange this material with virtual anonymity.

“This is partly because investigators do not have adequate tools to track down dangerous pedophiles that prey on the most innocent in our society. Investigators need the assistance of ISPs to identify users and distributers of online child pornography.

“When investigators develop leads that might result in saving a child or apprehending a pedophile, their efforts should not be frustrated because vital records were destroyed simply because there was no requirement to retain them. This bill requires ISPs to retain subscriber records, similar to records retained by telephone companies, to aid law enforcement officials in their fight against child sexual exploitation.

“Every piece of prematurely discarded information could be the footprint of a child predator. This bill ensures that the online footprints of predators are not erased.”

H.R. 1981 is supported by the National Center for Missing and Exploited Children, the National Center for Victims of Crime, the National Sheriff’s Association, the Major County Sheriff’s Association, the International Union of Police Associations and the Fraternal Order of Police.

The ACLU and other organizations oppose section 4 of the bills because it will require Internet service providers to maintain records of all users and their communication for 12 months. This requirement is a threat to privacy of millions and an additional burden on Internet businesses.

One way around this problem would be for Internet companies in conjunction with government to develop software to identify, track, and store of those whose activities are suspect. This would allow authorities to investigate only suspected law-breaker while protecting the privacy of a majority of citizens using online services.

We all know, the government does this anyway. So why push an unlawful egalatarianism on the majority in the guise of protecting children? One reason could be legislatures have no common sense. Another might be they want to invade the privacy of whomsoever they want whenever they want.

New High: 93% Say They’re Paying More for Groceries Than A Year Ago

Americans nationwide continue to lose faith in the Federal Reserve Board to keep inflation under control, with the number who say they are paying more for groceries now at an all-time high.

The latest Rasmussen Reports national telephone survey of American Adults shows that just 31% are at least somewhat confident that the Fed will be able to keep inflation under control and interest rates down, and that includes only eight percent (8%) who are Very Confident. Sixty-five percent (65%) are not confident the Fed can keep inflation and interest rates under control, with 25% who are Not At All Confident.

Prior to the latest survey, overall confidence in the Fed to handle inflation and interest rates ranged from a low of 32% to a high of 41%. The number who hold no confidence at all is now at its highest level in nearly two years.

This lack of confidence stems partly from the fact that 93% of adults report paying more for groceries now than they did a year ago, the highest finding to date. Only four percent (4%) say they’re not paying more for groceries now compared to a year ago. Prior to the latest results, the number that said they are paying more for groceries ranged from low of 75% in April 2010 to a high of 91% in May of this year.

Seventy-nine percent (79%) of adults now expect the amount of money they spend on groceries to be higher a year from now, up five points from last month and just a point below the highest level measured. This number stayed in the low to mid-60s throughout 2009 and 2010.

Only three percent (3%) think they’ll be spending less on groceries in a year’s time, while 15% expect to pay about the same amount.

For the third straight month, 79% of adults are at least somewhat concerned about inflation, including 49% who are Very Concerned. Only 19% aren’t as concerned about inflation, with just four percent (4%) who aren’t concerned at all.

Democrats hold more confidence in the Fed to keep inflation under control and interest rates down than do Republicans and adults not affiliated with either major party.

Investors are slightly more confident than non-investors that the Fed can handle both of these matters.

But strong majorities of adults from all demographic groups agree they are paying more for groceries now than they were a year ago.

These findings add to a string of survey findings showing very negative perceptions of the economy among Americans.

Ohio Left Behind

Last week was the beginning of a sales tax holiday for nearly 34% of all states. Those states include Alabama, Arkansas, Iowa, Louisiana, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma,South Carolina, Tennessee, and Virginia with Connecticut, Florida, Massachusetts, Maryland, and Texas to soon follow.

Notice, Ohio is not among those states enjoying the sales tax holiday. Why?

I’m pretty sure there are a lot of Ohio parents who would appreciate not contributing an additional 7% or so for sending their children back to schools with new clothes and school supplies. After all, a state that makes parent pay taxes for schools, for school supplies, and for school lunch programs at gun point could at least give them a tax holiday during this important season.

The Problem of Sleep Deprivation

By Daniel Downs

Sleep is one of those human behaviors most necessary to human health. Sure, eating nutritious food, drinking plenty of water, and avoiding being killed are among the top three health practices. Sleep follows them is a strong fourth place.

There are many reasons people do not get enough sleep. A few that come to mind are worry, watching violent or other emotion heightening programs, eating too spicy or salty food before going to bed, conjugal relations while in bed, etc. Oh, yes, another is noise making people in one’s own home or people in the neighborhood.

Whatever the cause of sleep deprivation, the long-term problem arising from not getting enough sleep includes poor workmanship, sickness, and even death. All of which may contribute to the unemployment rate, increased costs of government, and family dysfunction.

There are several reasons why too little sleep too often over too long a period will result in ill health or death. When we are awake and active, our brains are consuming the largest share of our body’s available energy. But, when we are asleep, our body (muscular system, organs, and brain are consuming less energy, which allows more energy to be available for cellular reproduction and repair. That is why we all feel so much better after a good night’s sleep. Another reason is with an inefficiently operating cellular system cellular break down, genetic mutations, replication errors, or immune system dysfunction are more likely, which lead to ill health and even death.

It is one thing for people to choose not to get enough sleep, but it is wrong to intentionally prevent others from sleeping, except in the case of some perceived emergency or the like. History shows many examples of public officials and civilians alike seeking to harm dissenters or others by through sleep deprivation.

The regimes of Stalin and Lennon used this torture tactic in order to break-down dissenters in Siberian prison camps. The goal was to force dissenters into revealing the names of comrades, their addresses, and their plans as well as brainwashing them into accepting the regime.

Military officers captured by the North Vietnamese were often prevented from sleeping in the attempt to force them into confessions beyond name, rank and serial number. The mind and will of some officers did break and they did tell their captors what they knew about U.S. military operations and plans.

Domestically, Jews were often harassed in the middle of the night by disgruntled non-Jews while Americans were embracing Nazism and other forms of fascism during the 1930s and 1940s. The same was true of emancipated Negroes both during and after the eras of Abraham Lincoln and Martin Luther King, Jr. After 911, American Muslims most likely experienced the same thing.

Today, news reports indicate that sleep deprivation is epidemic in America. No doubt some of the problem is the American lifestyle; other contributing factors include the demands of children, worry over finances, and the like. Yet, there still are some Americans intent on keeping neighbors and even members of their own households from sleeping in the attempt to harm them. Not out of a sense of self-defense or possible fear of harm, but because of some jealousy, prejudice, cultural or other difference, or simply because of they simply dislike the other. Where it occurs, justice demands its end.

Amended Complaint in Defense of ‘Redneck Not Racist’ K-12 Bus Driver Fired for Displaying Confederate Flag on His Vehicle

The Rutherford Institute has filed an amended First Amendment lawsuit in the U.S. District Court of Oregon on behalf of a 28-year-old K-12 bus driver who was fired for displaying a Confederate flag (with the word “redneck” emblazoned across it) on his personal vehicle. Kenneth Webber was fired on March 8, 2011, five days after being suspended for refusing to comply with an order that the flag be removed from his truck while it was parked in the employee parking lot. The amended complaint comes in response to the district court magistrate’s ruling that Webber does not have a cause of action under the equal protection clause of the U.S. Constitution or the Oregon Constitution.

“The U.S. Supreme Court has held that it is ‘a bedrock principle underlying the First Amendment…that the government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable,'” said John W. Whitehead, president of The Rutherford Institute. “Ken Webber’s case is a clear example of what happens when free speech and political correctness collide. Yet the question that needs to be asked is not whether the Confederate flag represents racism, but whether banning it leads to even greater problems, namely, the loss of freedom. The answer to that is a resounding yes.”

Kenneth Webber, who has been employed by First Student Bus Transportation Services, a company providing services to the Phoenix-Talent School District # 4, for four years, began flying the Confederate flag in the bed of his pickup truck over a year ago. The 3-by-5-foot Confederate flag, which has the word “redneck” emblazoned across it, was a birthday gift from Webber’s father in 2009. Webber drives his truck to work and parks it in the employee lot, which is leased from the school district, before reporting for his duties driving the K-12 bus for the Phoenix-Talent School District.

On March 2, 2011, Webber was called into his supervisor’s office and ordered to remove the flag from his pickup or be suspended from his job. The demand to remove the flag was allegedly made after the school district superintendent visited First Student’s facility and saw the flag on Webber’s truck. The superintendent reportedly requested that Webber remove the flag because “some people find that symbol offensive,” justifying the request by pointing to the fact that the school district is “about 37 percent minority students,” and “we have a policy…about displaying symbols on school property that were racist, or had a potential to be seen as racist.”

Insisting on his right to free expression on his personal vehicle, Webber refused the demand, was suspended and was sent home for the day. The following day, Webber reported to work and was called to meet with two managers, who again demanded that he remove the flag or be suspended, this time for three days. Again, Webber refused and was suspended. On March 8, Webber was called into his manager’s office and was terminated after he again refused to remove the flag from his pickup. Attorneys for The Rutherford Institute filed the original complaint in March 2011.

Webber has insisted that his display of the Confederate flag does not show him to be a racist but a “backyard redneck. I work for what I have. I support my family. It’s just who I am. I’m a redneck. It’s a way of life.” Rutherford Institute attorneys have asked that Webber be given his job back and paid for lost wages.

Mid-Year Report Shows Small Businesses Struggling

Washington, D.C. – The National Small Business Association (NSBA) today released its 2011 Mid-Year Economic Report which shows that, despite a few bright spots including measured growth in past and projected hiring, America’s small businesses have diminishing confidence in both the U.S. economy and the future of their own firms.

“Eighty-eight percent of small-business owners anticipate a flat or recessionary economy in the coming year, the highest it’s been in two years,” stated NSBA President Todd McCracken. “This negative economic outlook is causing a growing lack of confidence among small-business owners.”

Contrary to a more positive outlook back in December, 45 percent of small businesses today—up from 40 percent—said they expect no growth opportunities whatsoever in the coming year. Thirty-six percent of small businesses report an inability to garner adequate financing, and 19 percent—up from 13 percent six months ago—are paying credit card interest rates of 20 percent or higher. The rising cost of health care continues to plague small businesses with nearly one third reporting they held off on hiring a new employee due to those costs.

When asked which issues are most important for policymakers to address, small businesses ranked reducing the national deficit, reducing the tax burden, reigning in the costs of health care reform and regulatory reform their top priorities.

“Nearly one in three small-business owners named the growing U.S. debt the number one challenge facing their business,” stated Larry Nannis, CPA, NSBA Chair and shareholder at Levine, Katz, Nannis + Solomon, P.C. “Lawmakers ought not downplay the ramifications of the ongoing deficit debate—and lack of a long-term solution—on America’s small-business owners.”

Although the general sentiment of the small-business community is one of concern and economic uncertainty, there were a few somewhat positive developments. Small businesses reported modest gains in employment resulting in the lowest net decrease in employment in three years. Furthermore, there was an increase in the number of small businesses that projected hiring in the coming 12 months.

Since 1937, NSBA has advocated on behalf of America’s entrepreneurs. A staunchly nonpartisan organization, NSBA reaches more than 150,000 small businesses nationwide and is proud to be the nation’s first small-business advocacy organization. For more information, go to www.nsba.biz.

Housing District Employee Suspended For Displaying Cross

Colin Atkinson, the Wakefield District Housing (WDH) employee who was in the news recently for fighting for the right to keep displaying a palm cross in his van, has been suspended from work following continued harassment.

Mr Atkinson had displayed a small palm cross in his work van for fifteen years when his employers told him to remove it after an anonymous complaint suggested it may offend those of other faiths.

After a campaign mounted by Christian Concern and negotiations with his employer it was agreed in April that Mr Atkinson could continue to display his cross in his van.

Originally published by Christian Concern on August 1, 2011.

However, after a resolution had seemingly been found, Mr Atkinson suffered repeated problems at work. He was moved to a different workplace location 16 miles away, has had his work van removed from him and been told to travel by bus instead due to “general financial cutbacks.”

Mr Atkinson filed a grievance procedure and has now been told to stay at home. Speaking to the Daily Mail, he said:

“I thought common sense had triumphed when the company agreed I could go back to work. But I have found there is still a lot of hostility against me, even though I have done nothing more than defend the basic rights of Christians to express their faith in public.

“My employers have broken their promises and I believe they are trying to humiliate me or dismiss me for seeking to stand up for my rights. It is disgusting what they are doing.”

One of the bosses at WDH who had asked Mr Atkinson to remove the cross from his van disappeared from the office about a month after Mr Atkinson returned to work. His absence was due to Mr Atkinson’s presence in the office, according to the company.

Mr Atkinson added:

“Meanwhile, the boss resumed work three weeks ago but I feel he should be the one who should be moved, not me. My bosses have now offered me a pay-off to retire early but a condition is that I, my wife Geraldine and all my family would be prevented from speaking out publicly.

“That is not my style. It would be breaching my human rights.”

Andrea Williams, director of the Christian Legal Centre, said:

“After a public outcry, Colin was allowed to return to work and to continue to display a palm cross in his van.

“However, since the media attention died away, he has suffered continued harassment and victimisation, and Wakefield and District Housing has not honoured its agreement to allow him to return to work. It seems that WDH hoped that Colin could be bought off and go quietly. But he will not be gagged or bullied.”

Debt Crisis Agreement Reached, More Work Ahead

By U.S. Representative Steve Austria

On Monday, the House passed the Budget Control Act with a vote of 269 to 161, and the President signed it into law on Tuesday. This is a solution that addresses our debt ceiling without giving the President a blank check and invitation for reckless spending, and reins in future spending by Washington.

While everyone agrees this is not a perfect plan, I want to commend Speaker Boehner for adhering to the principles of cutting current spending, reforming future spending, and moving toward a Balanced Budget Amendment – and doing so without raising taxes on hard-working American families. Additionally, this solution helps bring certainly to our markets, giving small businesses across the country more confidence to invest in their businesses and start creating jobs again. Perhaps most importantly, the past few weeks have proved that we are changing the way business is done in Washington.

I would like to share with you some of the specifics in the bill and how it particularly adheres to the principles for which I was fighting for to cut current spending, cap future spending, and balance the budget. First of all, the bill immediately cuts $917 billion of spending while allowing for an extension of the debt limit for only six months. It then creates a Joint Committee of Congress that must propose additional spending cuts of at least $1.2 trillion by November 23, 2011 before any additional increases to extend the debt limit past February 2012. The proposal will be put before both Chambers of Congress for a vote. If Congress does not pass the recommendations of the Joint Committee, or the President does not sign their recommendations into law, Congress then can either pass a Balance Budget Amendment to the states or can make automatic across-the-board spending cuts, totaling $1.2 trillion, which will be enacted through a procedure called sequestration (please note that civilian and military pay, veterans benefits, Social Security, and Medicaid are exempt from these automatic spending cuts).

All of this is done without raising taxes on small businesses. This was a critical stipulation of the bill because raising taxes on hard working families and our job creators during difficult economic times will do more harm than good.

Over the past few months, the House worked tirelessly passing three separate bills to address our debt crisis: first the Cut, Cap and Balance Act, then the Boehner Plan, and then the Budget Control Act, which served as the framework for the final bill. Unfortunately, the Senate did not pass a single bill of their own and the President only offered a speech without a real plan. As was pointed out during the debate, the non-partisan Congressional Budget Office (CBO) could not put a price tag on speeches. Throughout this entire process Republicans worked tirelessly to create a solution that embodies the principles of cutting spending, capping future spending, and balancing the budget.

As a member of the Appropriations Committee and with four military installations in my district, I raised serious questions about the impact any defense cuts could have on our military. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff has stated for months that “our national debt is our biggest national security problem.” Both Chairman Young of the Defense Appropriations Committee and Chairman McKeon of the Armed Services Committee in the House have said that we can live within the means of this budget framework, and voted in favor of the Budget Control Act.

While some cuts to defense and national security programs are predicted, the spending decisions for these programs will come through the Appropriations Committee, and as a member of this committee I will do all that I can to ensure that our men and women serving bravely in the military have the necessary resources to carry out their missions. Furthermore, I will continue to work to reverse the wasteful Washington spending that has plagued families and small businesses in Ohio.

After years of out-of-control federal spending, this bill – although not perfect – is a step in the right direction toward paying down the debt and working to ensure that our children and grandchildren enjoy the same standard of living that we do. We must start by cutting up the credit card that the federal government has been using with reckless abandon.

Ohio Teachers File Class-Action to Halt Compulsory Union Dues for Political Activism

With free legal assistance from the National Right to Work Foundation, 15 public school teachers across the state filed a federal class-action lawsuit against the Ohio Education Association (OEA) and nine of its regional affiliates for violating their rights.

The group filed the class-action suit after the OEA union unlawfully overcharged the teachers – who have refrained from full-dues-paying union membership – for union “fees” taken from their paychecks, charging them for costs supporting the union’s political activism and electioneering. Per Foundation-won U.S. Supreme Court precedent in Abood v. Detroit Board of Education, under the First Amendment to the U.S. Constitution nonmember teachers cannot be forced to pay dues or fees for union boss politics and other non-bargaining activities.

Additionally, the OEA union’s regional affiliates are collecting compulsory fees from non-members without providing the kind of independently-audited financial statements required by law. In the Foundation-won Supreme Court ruling in Chicago Teachers Union v. Hudson, the High Court ruled that public employees have due process rights under the First and Fourteenth Amendments to be notified how their forced union dues are spent, and how to prevent the spending of their dues for union political and other non-bargaining activities.

The teachers filed their lawsuit in the U.S. District Court for the Southern District of Ohio, in Columbus, late Thursday. The teachers are employed at various school districts, including Marietta City Schools in Marietta; Green Local Schools in Green; the Western Brown School District in Mt. Orab; and the Trumbull County Joint Vocational School District in Warren.

The lawsuit focuses on unlawful union dues confiscations from Ohio teachers’ paychecks during the 2009-2010 and 2010-2011 school years and seeks to reclaim the teachers’ mandatory union fees spent illegally. The OEA is currently pouring money in support of a ballot measure to repeal the recently-passed Right to Work law, which makes union dues strictly voluntary for teachers and other public employees.

“OEA union officials have a long history of abusing teachers’ rights in the workplace to fund their political coffers,” said Mark Mix, President of National Right to Work. “It’s important to remember where the OEA union machine gets a large amount of its money as it gears up its efforts to defeat recent public-sector reforms in the Buckeye State – reforms that allow teachers to opt out of forced dues payments.”

The National Right to Work Foundation – the nation’s premier legal advocate for workers who suffer from the abuses of compulsory unionism – has established numerous precedents and protected legal rights at the U.S. Supreme Court for both private-sector and public-sector workers who wish to refrain from formal union membership and full union dues payment. Currently, the Foundation has a case pending with the Supreme Court brought for teachers in California forced to subsidize union boss political spending.

Going Places, Regional Initiative for Sustainable Growth

Going Places is a Miami Valley Regional Planning land use initiative. The three phase project began in 2007 bringing together community leaders, business leaders, developers, and citizens from every city, town and village. The goal has been to create a consensus vision for land use and development that will benefit all citizens in the future. During the first phase, an inventory of current land use, developable land, current and potential issues like traffic flow, future employment, trends in industrial, commercial, and residential development, and the like. Phase I was completed in 2009. (To see the report of Phase I, go here.)

Phase II began a little later in 2009. During this phase, surveys and workshops were conducted to obtain input from citizens, business and community leaders throughout the Miami Valley. Their views and ideas were compiled into seven best future land use scenarios believed beneficial to all people of the region. Following the workshops, public open houses were held to present the results. Phase II was completed in May of 2011. (To read the report of the Phase II, go here.)

Phase III has now begun. As it was for previous phases, workshops and open houses have been conducted during which a preferred future land use scenario was selected. The selection process included opportunities to vote at local open houses, on-line open houses, telephone and mail surveys. The results have been compiled and are now available for public viewing. (To see the report on the results, go here.)

Now, citizens are asked to come out and see the results at one the scheduled open houses in their local community. All are invited and refreshments will be available as well. The time and place of scheduled open houses are listed below.

Wednesday, August 10, 2011
Troy Rec’s ground floor gym
11 N. Market St., Troy, Ohio 45373

Tuesday, August 16, 2011
Friendship Village
(Please enter at the Friendship Coffee House)
5790 Denlinger Rd., Trotwood, Ohio 45426

Wednesday, August 17, 2011
Centerville Police Department
155 W. Spring Valley Pike, Centerville, Ohio 45458

Thursday, August 18, 2011
Center for Regional Cooperation
1100 W. Third St., Dayton, Ohio 45402

Tuesday, August 23, 2011
Greene County Jobs and Family Services building
541 Ledbetter Rd., Xenia, Ohio 45385

All open houses are from 4 PM to 6 PM. Sorry no beer or wine but coffee and pop will be served.