Friday 08-20-10

It is a shame,
Appeals court: Stolen Valor Act unconstitutional
August 17, 2010 - 10:06pm

PASADENA, Calif. (AP) - A three-year-old federal law that makes it a crime to falsely claim to have received a medal from the U.S. military is unconstitutional, an appeals court panel in California ruled Tuesday.

The decision involves the case of Xavier Alvarez of Pomona, Calif., a water district board member who said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration.

Alvarez was indicted in 2007. He pleaded guilty on condition that he be allowed to appeal on First Amendment grounds. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000.

A panel of the 9th U.S. Circuit Court of Appeals sided with him in a 2-1 decision Tuesday, agreeing that the law was a violation of his free-speech rights. The majority said there's no evidence that such lies harm anybody, and there's no compelling reason for the government to ban such lies.

The dissenting justice insisted that the majority refused to follow clear Supreme Court precedent that false statements of fact are not entitled to First Amendment protection.

The act revised and toughened a law that forbids anyone to wear a military medal that wasn't earned. The measure sailed through Congress in late 2006, receiving unanimous approval in the Senate.

Dozens of people have been arrested under the law at a time when veterans coming home from wars in Afghanistan and Iraq are being embraced as heroes. Many of the cases involve men who simply got caught living a lie without profiting from it. Almost all the impostors have been ordered to perform community service.

The U.S. Attorney's Office in Los Angeles said it was deciding whether to appeal Tuesday's ruling.

http://wtop.com/?nid=104&sid=2029810


House Speaker Nancy Pelosi, California Democrat, called for an investigation of those who are protesting the building of the Ground Zero Mosque on Tuesday. She told San Francisco's KCBS radio:

AUDIO (http://cbskcbsam.files.wordpress.com/2010/08/pelosi-on-mosque.mp3)

"There is no question there is a concerted effort to make this a political issue by some. And I join those who have called for looking into how is this opposition to the mosque being funded," she said. "How is this being ginned up that here we are talking about Treasure Island, something we've been working on for decades, something of great interest to our community as we go forward to an election about the future of our country and two of the first three questions are about a zoning issue in New York City." (h/t Kristinn)

Calls to investigate the funding for those proposing the $100 million "Cordoba House" have fallen on deaf ears, though, as New York's Mayor Mike Bloomberg has described such an investigation as "un-American."

Ms. Pelosi called the Ground Zero mosque an "urban development decision" for New Yorkers to work through. Her remarks happened on the heels of Senate Majority Leader Harry Reid, Nevada Democrat, parting ways with President Barack Obama on the issue. Mr. Reid suggested the mosque should be built somewhere else

http://www.washingtontimes.com/blog/watercooler/2010/aug/17/audio-rep-pelosi-calls-investigation-wtc-mosque-op/

US Says Bankruptcies Reach Nearly 5-Year High
U.S. bankruptcy filings have reached the highest level since 2005, government data released on Tuesday show, as the economy slows and the unemployment rate hovers just below double digits.

There were 422,061 bankruptcy filings between April and June, according to the Administrative Office of the U.S. Courts, up 9 percent from 388,148 in the prior three-month period, and up 11 percent from 381,073 a year earlier.

For the year ended June 30, there were 1.57 million bankruptcies, up 20 percent from 1.31 million a year earlier.

Consumer bankruptcies rose 21 percent to 1.51 million, and business bankruptcies rose 9 percent to 59,608.

Quarterly filings surpassed 400,000 for the first time since a record 667,431 bankruptcies were begun in the fourth quarter of 2005, when Congress overhauled federal bankruptcy laws and made it harder for people and businesses to file.

"We know the causes of bankruptcy are principally job losses and health care, with the overlay of the foreclosure crisis," said Deborah Thorne, an associate professor of sociology at Ohio University. "It feels very unsettled, and I'm not surprised the numbers are going up. Until we get our feet on the ground, provide decent-paying jobs, and do something with the housing crisis, bankruptcies will continue to go up."

According to her website, Thorne has co-authored several publications with Elizabeth Warren, a candidate to run the new federal Consumer Financial Protection Bureau.

Last Tuesday, the U.S. Federal Reserve said high unemployment, reflected in July's 9.5 percent rate, as well as modest income growth, falling home prices and tight credit amid a contraction in bank lending were factors contributing to a slowdown in economic growth.

Nevada had the highest rate of filings on a per capita basis in the last year, with 11.74 per 1,000 people, while Alaska had the fewest, with just 1.58 per 1,000.

Among the most populous states, California ranked 7th in per capita filings, while Texas was 48th, New York 41st and Florida 15th.

http://www.cnbc.com/id/38744090

Florida death toll rises for mosquito-borne virus
TALLAHASSEE, Florida (Reuters) – Four Florida residents have died from a mosquito-borne disease that normally afflicts horses, health officials reported on Tuesday as the swampy state enters peak season for mosquito-borne illnesses.

Health officials said last month that two Tampa-area residents had died from eastern equine encephalitis, a viral disease that inflames the brain.

Two additional deaths from the disease known as EEE have since been confirmed, one in the state capital of Tallahassee and one in the northwest Florida town of Sopchoppy.

The disease mostly affects unvaccinated horses but a handful of human deaths are recorded each year, according to the Centers for Disease Control and Prevention. There is no human vaccine for the disease, which kills a third of its human victims and often leaves survivors with significant brain damage.

The Florida Department of Health is also tracking two other less deadly mosquito-borne diseases, West Nile virus and dengue fever.

EEE and West Nile virus have been detected in 43 of Florida's 67 counties, while dengue cases have been confirmed in two south Florida counties, Monroe and Broward, according to the state Department of Health.

The dengue virus began showing up in Florida in 2009 after an absence since its last major outbreak in 1934. At least 28 confirmed cases of domestically transmitted dengue fever have been reported in Florida this year, along with 67 foreign-acquired cases. The disease is more prevalent in Central and South America.

Carina Blackmore, state public health veterinarian, said the number of mosquito bites to people, horses and livestock resulting in EEE or West Nile appears consistent with the last several years.

"The two things we try to relay are get rid of mosquitoes and avoid contact," said Blackmore, adding that August and September are peak seasons for most mosquito-borne illnesses.

State health officials are urging residents to avoid contact with mosquitoes by wearing protective clothing and using insect repellent, especially products that include DEET. Homeowners are also asked to remove standing water where mosquitoes breed.

http://news.yahoo.com/s/nm/20100817/us_nm/us_usa_mosquitoes_florida