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Judge Nap: Supreme Court ruling on provocative brand name will push “the First Amendment to its limits”

A California man whose company carries a provocative name is hoping that the U.S. Supreme Court will rule against a trademark law that he believes violates his freedom of speech.

The fashion brand at the center of the hearing is "F--T" - an acronym for "Friends You Can't Trust." The United States Patent and Trademark Office denied the trademark in 2014 saying it was in bad taste. The owner of brand, Erik Brunetti, argued the decision denies his First Amendment rights.

Judge Andrew Napolitano, a Fox News legal analyst, weighed in on the case on “Fox & Friends” Tuesday saying, “I love when these things are argued because it pushes the First Amendment to its limits.”

Brunetti’s lawyer appeared before the Supreme Court on Monday to challenge a federal trademarking law that allows officials to refuse trademarks that they deem “scandalous” or “immoral.”

CALIFORNIA MAN CHALLENGES FEDERAL LAW REFUSING 'IMMORAL' TRADEMARK FOR CLOTHING BRAND

“We all know what the acronym is and we all know what it sounds like and quite frankly when it was argued in the Supreme Court yesterday, nobody used the word. The ninth justices didn't and the lawyers didn't,” Napolitano said on “Fox & Friends."

He added: “What was scandalous at the time the statute was written 75 years ago may not be scandalous now. So, that's actually what was argued yesterday.”

The government is defending the century-old trademarking provision, arguing in court documents that the law encourages trademarks that are appropriate for all audiences. The U.S. position is that the measure isn’t restricting speech, but rather declining to promote it.

“In this case, with this acronym that is offensive to some people, the trademark office said no, the trial court said no, the appellate court said yes and now the Supreme Court has it," Judge Nap said.

"Prediction, they’re going to say 'yes' because this particular court under John Roberts has expanded First Amendment protection.”

OLIVIA JADE’S TRADEMARK APPLICATION WAS REJECTED FOR PUNCTUATION BEFORE COLLEGE ADMISSIONS SCANDAL

Napolitano then went on to explain the First Amendment saying: “The law can’t be specific. It can’t say this language is protected and this language is not. What does the First Amendment say? Congress shall make no law abridging the freedom of speech so the benefit of the doubt always has to be on the side of the speaker. It's the government's burden to prove there is something wrong with a speech.”

The Los Angeles-based clothing brand at issue, which started in 1991, can still operate under Brunetti’s chosen name without a trademark, but he wouldn't be able to go after counterfeiters who knock off his designs. Napolitano joked that there is a silver lining for Brunetti, even if he does not get the outcome he wants in court.

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“This guy sells t-shirts and sweatshirts and running pants,” said Napolitano. “I’ll tell you what's genius about this, more free publicity than he could ever have imagined even if he loses the case. So he’s a good businessman.”

The Associated Press contributed to this report. 

Source: Fox News National

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Tech giants will have to be regulated in future: EU’s Timmermans

FILE PHOTO: Frans Timmermans, the newly elected Party of European Socialists President, speaks during the Party of European Socialists annual meeting in Lisbon
FILE PHOTO: Frans Timmermans, the newly elected Party of European Socialists President, speaks during the Party of European Socialists annual meeting in Lisbon, Portugal, December 8, 2018. REUTERS/Pedro Nunes/File Photo

March 18, 2019

BERLIN (Reuters) – The European Union and authorities around the world will have to regulate big technology and social media companies at some stage to protect citizens, the deputy head of the European Commission said on Monday.

First Vice President Frans Timmermans said introducing regulations would work better if online platforms, such as Google and Facebook, worked with authorities.

Big tech has been criticized by politicians in the United States and Europe over issues ranging from Facebook’s losing track of users’ data to how Google ranks search results.

“At some point, we will have to regulate,” Timmermans told the World Policy Forum in Berlin. “The first task of any public authority is to protect its citizens – and if we see you (tech giants) as a threat to our citizens, we will regulate and if you don’t work with us, we will probably regulate badly.”

Last month, the EU accused Alphabet’s Google, Facebook and Twitter of falling short of promises to combat fake news before the European Parliament elections in May, after they signed a voluntary code of conduct to stave off regulation.

Facebook said on Monday it would increase efforts to fight misinformation before the vote and would partner with German news agency DPA to boost fact checking.

Friday’s massacre in New Zealand has put social media giants in the spotlight. The assault in Christchurch was live-streamed by an attacker through his Facebook profile for 17 minutes, according to a copy seen by Reuters. Facebook said it removed the stream after being alerted by police.

Timmermans said pressure for regulation would come from beyond Europe. “I think globally there will be a call to regulate,” he said.

(Reporting by Paul Carrel; Editing by Edmund Blair)

Source: OANN

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NY Times: Nielsen Prevented From Addressing Russian Interference

Former Homeland Security Secretary Kirstjen Nielsen’s attempts to raise the alarm about Russian interference in American elections was thwarted by White House Chief of Staff Mick Mulvaney, who told her not to bring up the subject with President Donald Trump, The New York Times reported on Wednesday.

Mulvaney made it clear that Trump viewed any public talk of malign Russian election activity with questions about the legitimacy of his victory and thus did not want the subject discussed.

Even though the Department of Homeland Security has the main responsibility for civilian cyberdefense and Nielsen was extremely concerned about Russia’s interference in the 2018 midterm elections and future ones, she gave up on attempts to organize a White House meeting of cabinet secretaries to coordinate a strategy to protect next year’s elections due to Trump’s attitude.

Nielsen’s frustrations were described to the Times by three senior administration officials and a former one, with the White House refusing to provide comment.

The opening page of the Worldwide Threat Assessment, which was compiled by government intelligence agencies and delivered to Congress earlier this year, warned that “Russia’s social media efforts will continue to focus on aggravating social and racial tensions, undermining trust in authorities and criticizing perceived anti-Russia politicians" and that Moscow may increase its tactis "in a more targeted fashion to influence U.S. policy, actions and elections.”

Nielsen grew so frustrated with Trump’s refusal to discuss an overall strategy that she twice held her own top-level meetings on the subject.

Secretary of State Mike Pompeo denied that the administration sidestepped the topic, saying “I don’t think there’s been a discussion between a senior U.S. official and Russians in this administration where we have not raised this issue.”

Related Stories:

Source: NewsMax Politics

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The Latest: LGBTQ parents’ group applauds Mormon change

The Latest on Mormons repealing rules banning baptisms for children of gay parents (all times local):

12 p.m.

A group that represents members of The Church of Jesus Christ of Latter-day Saints with gay and lesbian children says the repeal of 2015 baptism rules is a good first step. But she says pain caused by the policy banning the baptism for kids of gay parents still lingers.

Lisa Dame with the Mama Dragons organization said Thursday the original 2015 rule banning the baptisms sent waves of heartache through LGBTQ members of the church and their families.

She says the reversal is an answer to prayers but that full healing will take time and noted that the church did not issue a formal apology for the 2015 policy.

The church's doctrinal opposition to same-sex marriage and sexual relations has not changed.

Dame is a heterosexual Mormon. She has five children, including a 33-year-old daughter who is a lesbian.

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10:55 a.m.

A religious scholar says the decision by The Church of Jesus Christ of Latter-day Saints to repeal rules banning baptisms for children of gay parents and making gay marriage a sin eligible for expulsion marks a complete reset for the faith on LGBTQ issues.

Patrick Mason of Claremont Graduate University in California says the policy unveiled in 2015 was deeply unpopular among members of the faith, triggering displeasure and protests from many liberal and conservative members.

He says the policy hurt the church's image and relationship with many members.

Mason says the repeal erases the one major detour from a decade-long path by the faith to carve out a more open and compassionate position on LGBTQ issues while sticking to doctrinal opposition of gay marriage and intimacy between people in same-sex relationships.

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9:50 a.m.

The Church of Jesus Christ of Latter-day Saints is repealing rules unveiled in 2015 that banned baptisms for children of gay parents and made gay marriage a sin worthy of expulsion.

The surprise announcement Thursday by the faith widely known as the Mormon church reverses rules that triggered widespread condemnations from LGBTQ members and their allies.

The church in a statement says it isn't changing its doctrinal opposition to gay marriage and still considers same-sex relationships to be a "serious transgression."

But people in same-sex relationships will no longer be considered "apostates" who must be kicked out of the religion.

The change also marks the biggest move yet by church President Russell M. Nelson, who has made a flurry of changes since taking over the faith in January 2018.

Source: Fox News National

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Defense rests in trial of white cop who killed black teen

The defense rested its case Friday in the homicide trial of a white police officer charged with shooting and killing an unarmed black teenager near Pittsburgh, signaling the jury will soon get the case.

Former East Pittsburgh Police Officer Michael Rosfeld is charged with gunning down 17-year-old Antwon Rose II last summer. Video showed Rosfeld shooting Rose in the back, arm and side of the face as he fled. The former officer told a jury he thought Rose or another suspect had pointed a gun at him.

The jury will hear closing arguments Friday afternoon and then begin deliberating.

A defense expert, retired Pennsylvania State Police Trooper Clifford W. Jobe Jr., testified Rosfeld followed proper procedure when he shot and killed Rose.

"I can't fault Officer Rosfeld," Jobe told jurors on Thursday, calling the officer's actions "textbook."

As Jobe returned to the stand Friday for cross-examination, the judge lifted a gag order he imposed on parties in the case at the request of the defense. Defense attorney Patrick Thomassey said while he and prosecutors have abided by the judge's order, the attorney for Rose's family has not. On Wednesday, S. Lee Merritt released a letter to the media that Rose's mother wrote to prosecutors urging them to show what a "kind, loving and funny" person her son was.

Rosfeld, 30, fired three bullets into Rose after pulling over an unlicensed taxi that had been used in a drive-by shooting. Prosecutors charged Rosfeld with an open count of homicide, meaning the jury can convict him of murder or manslaughter.

Rosfeld testified Thursday he thought Rose or another passenger in the car had pointed a weapon at him, and he fired in self-defense. But it turned out that neither teen had a gun at the time.

"It happened very quickly," Rosfeld said. "My intent was to end the threat that was made against me."

Prosecutors say Rosfeld gave inconsistent statements about the shooting, including whether he thought Rose had a gun.

A prosecution witness has said that after the shooting, he heard Rosfeld say repeatedly, "I don't know why I shot him. I don't know why I fired." Another prosecution witness said he heard the officer ask, "Why did he do that? Why did he take that out of his pocket?"

Rose had been riding in the front seat of the cab when another occupant, Zaijuan Hester, in the backseat, rolled down a window and shot at two men on the street, hitting one in the abdomen. A few minutes later, Rosfeld spotted their car, which had its rear windshield shot out, and pulled it over.

Hester, 18, pleaded guilty last week to aggravated assault and firearms violations. Hester told a judge that he, not Rose, did the shooting.

Source: Fox News National

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Jurors say they're at impasse on some prison riot charges

Jurors in the trial of four inmates charged in a deadly Delaware prison riot have told the judge that they're at an impasse on some charges.

Delaware State News reports jurors passed a note Monday to Judge Jan Jurden. They are hearing charges against John Bramble, Abednego Baynes, Kevin Berry and Obadiah Miller.

The four are charged with riot, assault, kidnapping, conspiracy and murder in connection with the 2017 uprising at the James T. Vaughn Correctional Center near Smyrna. Corrections officer Lt. Steven Floyd died in the riot.

Jurden told jurors to continue deliberations but they can deliver the partial verdict later if necessary.

Defense attorney Tony Figliola said the jurors have deliberated for five days, and their note indicates they've decided 35 of the 40 counts.

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Information from: Delaware State News, http://delawarestatenews.net

Source: Fox News National

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Algerian state energy company Sonatrach’s CEO sacked: state TV

FILE PHOTO: Algerian state energy company Sonatrach's logo at its headquarters in Algiers
FILE PHOTO: The logo of Algerian state energy company Sonatrach is pictured at its headquarters in Algiers, June 26, 2016.Reuters/Ramzi Boudia/File Photo

April 23, 2019

By Lamine Chikhi and Hamid Ould Ahmed

ALGIERS (Reuters) – Algeria’s interim president has sacked Abdelmoumene Ould Kaddour as the chief executive of state energy company Sonatrach, state TV said on Tuesday, creating uncertainty for investors who had started to return to the oil and gas producer.

The interim president, Abdelkader Bensalah, appointed Sonatrach’s head of production and exploration, Rachid Hachichi, to replace Kaddour, state TV reported.

The move casts doubts on whether deals Sonatrach had been working on will go ahead, such as plans to set up a trading joint venture with foreign firms.

Only last week, Kaddour, a U.S.-trained engineer, had said the company would hold talks this week with U.S company Chevron Corp, which last week agreed to buy Anadarko, to discuss a shale gas and oil production partnership

Kaddour had been close to former President Abdelaziz Bouteflika, who had put him in charge of overhauling Sonatrach in March 2017 after years of management upheaval, fraud scandals and red tape had deterred foreign investors.

He is the latest departure of top officials and business leaders who had been close to Bouteflika, who stepped down three weeks ago after mass protests calling for a break with the ruling elite.

Hachichi, the new CEO, had been promoted by Kaddour. Hachichi, 55, has spent most of his career at Sonatrach in the exploration and production business. Analysts said Kaddour paid for his close ties to Bouteflika, not because of the strategy he implemented, which was about to start giving some results.

The North African oil giant is an important source of energy for European states trying to reduce dependence on Russia and it also funds a large part of Algeria’s budget.

Kaddour managed to resolve a number of disputes with fellow oil majors, expanding ties with several companies.

Last year, he shifted the focus on petrochemical deals to reduce the North African country’s fuel imports after buying Exxon Mobil’s Augusta refinery in Sicily, Italy. Sonatrach also last year signed a $1.5 billion deal with France’s Total SA to build a polypropylene plant in Algeria.

Algeria’s oil output is estimated at around 1 million barrels per day, and it produces 135 billion cubic meters of gas per year, according to Sonatrach’s figures.

In March industry sources said talks between Exxon Mobil Corp and Algeria to develop a natural gas field in the North African country had stalled because of unrest that broke out on Feb. 22.

Mass protests have continued since Boutefliak’s departure as protesters have called for the removal of the elite that has governed Algeria since independence from France in 1962, and the prosecution of people they see as corrupt.

(Reporting by Lamine Chikhi and Hamid Ould Ahmed; Writing by Ulf Laessing; Editing by Leslie Adler)

Source: OANN

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A California man who allegedly fatally shot his ex-girlfriend in broad daylight last month before fleeing the country has been returned to the U.S. following his arrest in Mexico on Wednesday, authorities said.

Julio Cesar Rocha, 25, of Montlcair, is accused of shooting his 25-year-old ex-girlfriend Thalia Flores and a second unidentified male victim March 21 around 2:45 p.m. while the two were sitting in a vehicle in the parking lot of a discount store in Chino. Both communities are about 36 miles east of Los Angeles.

ARREST MADE IN DOUBLE HOMICIDE OF EX-PRO HOCKEY PLAYER, COMMUNITY ADVOCATE, POLICE SAY

Julio Cesar Rocha, 25, of Montlcair, Calif. was located in Mexico Wednesday and returned to California where he faces murder and attempted murder charges related to the death of his ex-girlfriend, Thalia Flores.

Julio Cesar Rocha, 25, of Montlcair, Calif. was located in Mexico Wednesday and returned to California where he faces murder and attempted murder charges related to the death of his ex-girlfriend, Thalia Flores. (City of Chino Police Department)

Flores died at the scene. The man, whose name was not released, walked to a nearby hospital where he’s recovering from his gunshot wounds.

Rocha allegedly fled the scene and remained at large for more than a month, the Daily Bulletin reported. He was formally arrested at 4:30 p.m. after arriving at Los Angeles International Airport from Mexico, KTLA-TV reported.

The suspect was booked at the West Valley Detention Center in Rancho Cucamonga on murder and attempted murder charges, the City of Chino Police Department said on Facebook.

Flores ended her seven-year relationship with Rocha just two months before her death and still lived in fear of him until that point, a sister of the victim, Bernice Flores, told the Daily Bulletin.

“He said himself so many times to other people, ‘If I can’t have her, no one will.’ ” Flores said, adding that her sister stayed in the relationship longer that she would have liked in fear that Rocha would hurt her or her family if they broke up.

Rocha was convicted on misdemeanor battery in 2016 and sentenced to 60 days in prison. He was originally charged with misdemeanor assault with a deadly weapon, but the charges were lowered in a plea deal, the Daily Bulletin reported.

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Rocha was convicted of misdemeanor resisting or obstructing a peace officer in 2014. A second charge of misdemeanor battery was dropped in a plea deal, and Rocha was ordered to complete a 26-week anger management course, according to San Bernardino County Superior Court records. Rocha was later arrested and sentenced to 10 days behind bars for failing to complete the course.

Source: Fox News National

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Multiple people died Thursday when a semitrailer plowed into stationary traffic that resulted in explosions and flames on a Colorado freeway, authorities said.

The incident occurred just before 5 p.m. in the Denver suburb of Lakewood when a truck driver lost control while traveling east on Interstate 70, according to a preliminary investigation. The collision started a chain reaction and a diesel fuel spill, Lakewood police spokesman Ty Countryman told the Denver Post.

“This is looking to be one of the worst accidents we’ve had here in Lakewood,” he said.

The driver of the runaway truck survived. At least one truck was carrying lumber, another was hauling gravel and the third may have been carrying mattresses, KDVR-TV reported.

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Lakewood police tweeted there were multiple fatalities but did not give a specific number. Six people were taken to a hospital. Their conditions were not released, according to the paper.

Lanes in both directions were closed and expected to remain so into Friday morning.

Source: Fox News National

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President Trump will address members and leaders of the National Rifle Association on Friday at the group’s annual convention in Indiana.

Around 80,000 gun enthusiasts and more than 800 exhibitors are expected to pack the Indiana Convention Center in Indianapolis for the three-day event, the Indianapolis Star reported. It will mark the third straight year that Trump will deliver the keynote address, where he is expected to champion the rights of gun owners.

“Donald Trump is the most enthusiastic supporter of the Second Amendment to occupy the Oval Office in our lifetimes,” Chris Cox, executive director of the NRA’s Institute for Legislative Action (ILA), said in a statement. “President Trump’s Supreme Court appointments ensure that the Second Amendment will be respected for generations to come. Our members are excited to hear him speak and thank him for his support for our Right to Keep and Bear Arms.”

“Donald Trump is the most enthusiastic supporter of the Second Amendment to occupy the Oval Office in our lifetimes.”

— Chris Cox, executive director, NRA’s Institute for Legislative Action

COLORADO ENACTS ‘RED FLAG’ LAW TO SEIZE GUNS FROM THOSE DEEMED DANGEROUS, PROMPTING BACKLASH

President Donald Trump speaks at the National Rifle Association annual convention in Dallas last year. (Associated Press)

President Donald Trump speaks at the National Rifle Association annual convention in Dallas last year. (Associated Press)

Trump and Vice President Mike Pence spoke at last year’s convention in Dallas. During his speech, Trump assured gun owners that he would protect their Second Amendment rights, according to the paper.

“Your Second Amendment rights are under siege,” Trump told the cheering audience in Dallas. “But they will never, ever be under siege as long as I am your president.”

Trump has supported some gun control measures in the past. Last year, his administration imposed a ban on bump stocks, attachments that enable semiautomatic rifles to fire in rapid bursts. Although, he most recently threatened to veto two Democratic gun control bills.

This year’s convention comes as the NRA faces outside pressure and internal problems. The group has seen its legislative agenda stall amid a series of mass shootings — including a massacre at a Parkland, Fla., high school in February 2018 that left 17 dead and launched a youth movement against gun violence.

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It’s also grappling with infighting in its ranks, money problems and investigations into whether Russian agents courted officials and funneled money through the group.

“I’ve never seen the NRA this vulnerable,” said John Feinblatt, president of Everytown for Gun Safety, a nonprofit that advocates for gun control measure.

The convention will run through the weekend and conclude Sunday.

The Associated Press contributed to this report.

Source: Fox News Politics

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FILE PHOTO: Shoppers walk past the Debenhams department store on Oxford Street in London
FILE PHOTO: Shoppers walk past the Debenhams department store on Oxford Street in London, Britain December 15, 2018. REUTERS/Simon Dawson

April 26, 2019

(Reuters) – Ailing British retailer Debenhams said two proposed company voluntary arrangements (CVA) could see all its stores remaining open during 2019, with 22 closures planned for next year, putting about 1,200 jobs at risk.

Debenhams’ lenders took control of the retailer earlier this month in a process designed to keep its shops open at the expense of shareholders.

(Reporting by Noor Zainab Hussain in Bengaluru; editing by Gopakumar Warrier)

Source: OANN

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FILE PHOTO: Xiaomi branding is seen on a carrier bag at a UK launch event in London
FILE PHOTO: Xiaomi branding is seen on a carrier bag at a UK launch event in London, Britain, November 8, 2018. REUTERS/Toby Melville

April 26, 2019

BENGALURU (Reuters) – Chinese brands controlled a record 66 percent of Indian smartphone market in the first quarter, led by Xiaomi Corp, a report showed, with volumes rising 20 percent on the back of popularity for brands like Vivo, RealMe and Oppo.

Xiaomi’s India shipments fell by 2 percent over last year, but the Beijing-based company was still the biggest smartphone brand in the country, followed by Samsung Electronics Co Ltd, according to Hong-Kong based Counterpoint Research.

Shipment volumes for Vivo jumped 119 percent, while those of Oppo rose 28 percent.

“Vivo’s expanding portfolio in the mid-tier range ($100 to $180) drove its growth along with aggressive Indian Premier League cricket campaign,” Counterpoint analysts said.

India is the world’s fastest growing market for smartphones, where affordable pricing coupled with features like “selfie” cameras and big screens have popularized Chinese brands.

Video streaming services like Netflix Inc and Hotstar, as well as heavy usage of messaging apps like Facebook Inc’s WhatsApp have further spurred demand.

“Data consumption is on the rise and users are upgrading their phones faster as compared to other regions,” Counterpoint’s Tarun Pathak said.

“As a result of this, the premium specs are now diffusing faster into the mid-tier price brands. We estimate this trend to continue leading to a competitive mid-tier segment in coming quarters.”

(Reporting By Arnab Paul in Bengaluru; Editing by Subhranshu Sahu)

Source: OANN

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