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My Blog

Welcome to my blog!

Upcoming legislations in America
Posted:Jan 26, 2012 6:26 pm
Last Updated:Feb 1, 2012 6:42 pm
2751 Views

We can expect to see new laws around immigration,,,voting and abortion in America this year...The implementation of some of the laws have been circulating at my firm...A year of effective change??? I think so...

[Excerpt taken from an msnbc article]

About 40,000 state laws taking effect at the start of the new year will change rules about getting abortions in New Hampshire, learning about gays and lesbians in California, getting jobs in Alabama and even driving golf carts in Georgia.

Several federal rules change with the new year, too, including a Social Security increase amounting to $450 a year for the average recipients and stiff fines up to $2,700 per offense for truckers and bus drivers caught using hand-held cellphones while driving.

Eight states will raise the minimum wage, NBC News reported. They include Arizona, Oregon, Washington, Montana, Colorado, Ohio, Vermont and Florida, NBC News said. San Francisco will become the first city to raise its minimum wage above $10 per hour. The new $10.24 minimum is nearly $3 above the federal minimum wage of $7.25 per hour, set in 2009.

Jan. 1 is the effective date in many states for laws passed during this year's legislative sessions. In others, laws take effect July 1, or 90 days after passage.
0 Comments
Still at it Glory???
Posted:Jan 21, 2012 10:37 am
Last Updated:Jan 28, 2012 2:41 pm
4878 Views

Still got your nose in everyone's affairs Glory??? Freewayryder's blog did not concern you one iota...For your information Mango Bay is a musical group.... Ms Freewayryder has a query about their cd......If you are not familiar with the band how in tarnation are you familiar with the band mates??? None of which include me -wouldn't associate myself with that low standard...You of course misread this......Could you possibly be any more petty??? Be any more infantile??? You claim to have a life and love interest??? I think your main interest is with Freewayryder...Are you who you say you are??? Freewayryder has told you on no uncertain terms to leave her alone...Your harassment is piling up 'Missy Poo'...I advise you to flush your crap down the toilet...My last legal advice to you: Don't take cyberstalking lightly.......

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

Post of Glory's blog,,,before she deletes it

GloryToHim1973

1/21/2012 7:50 am
Does it really matter in light of Eternity whether You know who lol--is in the band Mango Bay or not??

I can pretty well assure you--HES NOT lol

Heck if he wants to tell People he is or isnt--who cares anyway??

Now if he is harrassing you---Abusing You--- etc then Let BC know and ask them to Ban him from here!!

The Guy has many Personnas in here but I for one see him as Totally harmless--I mean its the internet lol

I mean Questions arise in here all the time--that are so funny--Is H really married to G and living Happily in Florida--NOT--is G really living in Hvar--NOT--but if they choose tell people those things--Does it really matter--of course Not!!

Is Dan live or memorex---hmm--a couple in here think hes fake--well got for it lol--Its no skin off my back what anyone thinks--again Kiddies in Playland--this is the internet lol

I mean I shoveled snow for 5 months in the worst winter North Dakota has had in 100 Yrs--and beleive me it was REAL SNOW lol--but heck--if you want to think I was lounging on the beaches of Maui---Go for it lol

Dont I wish lol

So as far as checking out the Mango Bay Guy--hun why waste your time--you already know the answer dont you??

Ok its snowing today in Providence--should be 6 inches they say so i doubt Im going to get much of my planned shopping done--it will be a nice day to watch Barrett Jackson and bid on classic cars---its called fantasy Bids but its fun doing it online---oh by the way--I had no clue who Barrett Jackson was until Dan got me hooked the 18 months i was with him on the farm!!

I know nothing about cars--But now iM hooked and cant wait for the auctions to come every 3 months--this is the big show in Scottsdale AZ---I actually get pretty clos ein some of my bids which is cool--because I just guess of course what I think it might sell for!!

And if things go well this Yr Daniel and I hope in September to get to the Auction in Vegas for 4 days--at the Mandalay Bay Resort there!!

But for now Hot chocolate and watching the beuatiful snow fall today!!
Report this for abuse
0 Comments
Time for laughter
Posted:Jan 20, 2012 10:06 pm
Last Updated:Jan 27, 2012 6:01 pm
3399 Views

One Sunday in a Midwest City, a young was "acting up" during the morning worship hour.
The parents did their best to maintain some sense of order in the pew but were losing the battle.

Finally, the father picked the little fellow up and walked sternly up the aisle on his way out.

Just before reaching the safety of the foyer, the little one called loudly to the congregation,
"Pray for me! Pray for me!"

Author Unknown

----------------------------------------
Friends: It's been tense or testy on BigChurch with some justifications...Let's try something...I'm looking for some gag gifts for an upcoming function...Any ideas??? lolol
0 Comments
TO GLORY!!!!!!!!!!!!!!!!!!!!
Posted:Jan 14, 2012 11:50 am
Last Updated:Jan 23, 2012 6:18 am
3133 Views

FIRST -I HAVE BEEN INFORMED THAT WRITING IN CAPS IS RUDE HERE......MAKE SENSE????

SECOND -STOP WRITING ABOUT PEOPLE THAT HAVE NO INTEREST IN YOU,,,NOTABLY FREEWAYRYDER AND I

THIRD -STOP EMAILING PEOPLE THAT ARE NOT INTERESTED IN TALKING WITH YOU,,,NOTABLY FREEWAYRYDER

FOURTH -STOP LYING....FROM WHAT I KNOW YOU ARE IN THE CHAT ROOM DAY AND NIGHT

FIFTH -YOU CARRY ON LIKE A PRETENDER,,, TWO-FACED INSTIGATOR......KNOCK IT OFF........RECALL THE ENDEARING BLOGS YOU WROTE ABOUT ME AT FIRST UNTIL I CALLED YOU OUT?????

SIXTH -ENROLL IN A GOSSIP AND BUSY BODY ANONYMOUS GROUP,,,IT CAN DO YOU WONDERS

SEVENTH -USE THE SPELL CHECKER THAT COMES WITH ALL COMPUTERS NOW

EIGHTH -CHILL OUT .....YOU GET YOUR KNICKERS IN A KNOT TOO EASILY....YOU ARE AT RISK FOR A HEART ATTACK

NINTH -YOU MISUNDERSTOOD MY BLOG LIKE USUAL.....KUDOS TO HOSPICE WORKERS.....NOT KUDOS TO PEOPLE WHO HAVE MORE DUNG COMING OUT OF THEM THAN THE DIAPERS THEY CHANGE

TENTH -READ THIS MANY TIMES,,,IT'S GUARANTEED YOU'LL MISUNDERSTAND
0 Comments
Trip to Boston/New England
Posted:Jan 11, 2012 8:21 pm
Last Updated:Jan 29, 2012 11:00 pm
3464 Views

A trip is being planned this summer after many years away from New England......I expect some things to have changed......Do you Big Church people have recommendations of places to visit??? I look to the entertainment in the Boston city life and the Cape Cod sea life..........
0 Comments
Attorney General Report on CyberStalking
Posted:Jan 5, 2012 6:17 pm
Last Updated:Jan 10, 2012 5:24 pm
3119 Views

Cyberstalking is a growing term I have witnessed inferred on Big Church,,, I have been approached on the matter numerous times here by men and women...There are laws around it...Be informed,,,know your rights,,,take action.........Shalom

[Partial article]

1999 REPORT ON CYBERSTALKING: A NEW CHALLENGE FOR LAW ENFORCEMENT AND INDUSTRY


Cyberstalking:
A New Challenge for Law Enforcement and Industry
___________________
A Report from the Attorney General to the Vice President
August 1999
_______________________


Introduction
The new millennium is fast approaching, and the information superhighway is undergoing rapid growth. The Internet and other telecommunications technologies are promoting advances in virtually every aspect of society and every corner of the globe: fostering commerce, improving education and health care, promoting participatory democracy in the United States and abroad, and facilitating communications among family and friends, whether across the street or around the world. Unfortunately, many of the attributes of this technology - low cost, ease of use, and anonymous nature, among others - make it an attractive medium for fraudulent scams, sexual exploitation, and increasingly, a new concern known as "cyberstalking."

"Make no mistake: this kind of harassment can be as frightening
and as real as being followed and watched in your neighborhood or

in your home."

Vice President Al Gore

Recognizing this emerging problem, Vice President Al Gore asked the Attorney General on February 26, 1999, to study the problem and to report back with recommendations on how to protect people from this threat. Responding to this request, this report explores the nature and extent of cyberstalking; surveys the steps law enforcement, industry, victims groups, and others currently are taking to address the problem; analyzes the adequacy of current federal and state laws; and provides recommendations on how to improve efforts to combat this growing problem.

As discussed below, the nature and extent of the cyberstalking problem is difficult to quantify. In addition, while some law enforcement agencies are responding aggressively, others are not fully aware of the problem and lack the expertise and resources to pursue cyberstalking cases. Similarly, while some Internet Service Providers have taken affirmative steps to crack down on cyberstalking, others have not, and there is a great deal more that industry can and should do to empower individuals to protect themselves against cyberstalking and other online threats.

Indeed, current trends and evidence suggest that cyberstalking is a serious problem that will grow in scope and complexity as more people take advantage of the Internet and other telecommunications technologies. The analysis and recommendations contained in this report offer a framework for an initial response to the problem. These recommendations, however, are only a first step. Important advances can be made if industry, law enforcement, victims service providers and support groups, and others work together to develop a more comprehensive and effective response to this problem. Ultimately, however, the first line of defense will involve industry efforts that educate and empower individuals to protect themselves against cyberstalking and other online threats, along with prompt reporting to law enforcement agencies trained and equipped to respond to cyberstalking incidents.

What Is Cyberstalking?

Although there is no universally accepted definition of cyberstalking, the term is used in this report to refer to the use of the Internet, e-mail, or other electronic communications devices to stalk another person. Stalking generally involves harassing or threatening behavior that an individual engages in repeatedly, such as following a person, appearing at a person's home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person's property. Most stalking laws require that the perpetrator make a credible threat of violence against the victim; others include threats against the victim's immediate family; and still others require only that the alleged stalker's course of conduct constitute an implied threat.(1) While some conduct involving annoying or menacing behavior might fall short of illegal stalking, such behavior may be a prelude to stalking and violence and should be treated seriously.

Nature and Extent of Cyberstalking

An existing problem aggravated by new technology

Although online harassment and threats can take many forms, cyberstalking shares important characteristics with offline stalking. Many stalkers - online or off - are motivated by a desire to exert control over their victims and engage in similar types of behavior to accomplish this end. As with offline stalking, the available evidence (which is largely anecdotal) suggests that the majority of cyberstalkers are men and the majority of their victims are women, although there have been reported cases of women cyberstalking men and of same-sex cyberstalking. In many cases, the cyberstalker and the victim had a prior relationship, and the cyberstalking begins when the victim attempts to break off the relationship. However, there also have been many instances of cyberstalking by strangers. Given the enormous amount of personal information available through the Internet, a cyberstalker can easily locate private information about a potential victim with a few mouse clicks or key strokes.

The fact that cyberstalking does not involve physical contact may create the misperception that it is more benign than physical stalking. This is not necessarily true. As the Internet becomes an ever more integral part of our personal and professional lives, stalkers can take advantage of the ease of communications as well as increased access to personal information. In addition, the ease of use and non-confrontational, impersonal, and sometimes anonymous nature of Internet communications may remove disincentives to cyberstalking. Put another way, whereas a potential stalker may be unwilling or unable to confront a victim in person or on the telephone, he or she may have little hesitation sending harassing or threatening electronic communications to a victim. Finally, as with physical stalking, online harassment and threats may be a prelude to more serious behavior, including physical violence.

Offline vs. Online Stalking -- A Comparison(2)
Major Similarities

Majority of cases involve stalking by former intimates, although stranger stalking occurs in the real world and in cyberspace.

Most victims are women; most stalkers are men.

Stalkers are generally motivated by the desire to control the victim.

Major Differences

Offline stalking generally requires the perpetrator and the victim to be located in the same geographic area; cyberstalkers may be located across the street or across the country.

Electronic communications technologies make it much easier for a cyberstalker to encourage third parties to harass and/or threaten a victim (e.g., impersonating the victim and posting inflammatory messages to bulletin boards and in chat rooms, causing viewers of that message to send threatening messages back to the victim "author.")

Electronic communications technologies also lower the barriers to harassment and threats; a cyberstalker does not need to physically confront the victim.

While there are many similarities between offline and online stalking, the Internet and other communications technologies provide new avenues for stalkers to pursue their victims.

A cyberstalker may send repeated, threatening, or harassing messages by the simple push of a button; more sophisticated cyberstalkers use programs to send messages at regular or random intervals without being physically present at the computer terminal. California law enforcement authorities say they have encountered situations where a victim repeatedly receives the message "187" on their pagers - the section of the California Penal Code for murder. In addition, a cyberstalker can dupe other Internet users into harassing or threatening a victim by utilizing Internet bulletin boards or chat rooms. For example, a stalker may post a controversial or enticing message on the board under the name, phone number, or e-mail address of the victim, resulting in subsequent responses being sent to the victim. Each message -- whether from the actual cyberstalker or others -- will have the intended effect on the victim, but the cyberstalker's effort is minimal and the lack of direct contact between the cyberstalker and the victim can make it difficult for law enforcement to identify, locate, and arrest the offender.
Evidence suggests cyberstalking is a growing problem

In the United States, one out of every 12 women (8.2 million) and one out of every 45 men (2 million) have been stalked at some time in their lives.
One percent of all women and 0.4 percent of all men were stalked during the preceding 12 months.
Women are far more likely to be the victims of stalking than men - nearly four out of five stalking victims are women. Men are far more likely to be stalkers - 87 percent of the stalkers identified by victims in the survey were men.
Women are twice as likely as men to be victims of stalking by strangers and eight times as likely to be victims of stalking by intimates.

Law enforcement response: awareness and training are key factors

Based on recent informal surveys of law enforcement agencies, it appears that the majority of agencies have not investigated or prosecuted any cyberstalking cases. However, some agencies - particularly those with units dedicated to stalking or computer crime offenses - have large cyberstalking caseloads. As noted above, the New York Police Department's Computer Investigation and Technology Unit and the Los Angeles District Attorney's Stalking and Threat Assessment Team estimate that 40 and 20 percent of their caseloads, respectively, involve cyberstalking-type cases.

"Cyberspace has become a fertile field for illegal activity. By the use of new technology and equipment which cannot be policed by traditional methods, cyberstalking has replaced traditional methods of stalking and harassment. In addition, cyberstalking has led to offline incidents of violent crime. Police and prosecutors need to be aware of the escalating numbers of these events and devise strategies to resolve these problems through the criminal justice system."
Linda Fairstein

Chief of Sex Crimes Prosecution Unit

Manhattan District Attorney's Office

The disparity in the activity level among law enforcement agencies can be attributed to a number of factors. First, it appears that the majority of cyberstalking victims do not report the conduct to law enforcement, either because they feel that the conduct has not reached the point of being a criminal offense or that law enforcement will not take them seriously. Second, most law enforcement agencies have not had the training to recognize the serious nature of cyberstalking and to investigate such offenses. Unfortunately, some victims have reported that rather than open an investigation, a law enforcement agency has advised them to come back if the cyberstalkers confront or threaten them offline. In several instances, victims have been told by law enforcement simply to turn off their computers.

Law Enforcement: Lack of Training and Expertise
Can Frustrate Victims, Hinder Response
A recent incident demonstrates how the lack of law enforcement training and expertise can frustrate cyberstalking victims: A woman complained to a local police agency that a man had been posting information on the web claiming that her nine-year-old was available for sex. The web posting included their home phone number with instructions to call 24 hours a day. They received numerous calls. The couple reported the problem to the local police agency on numerous occasions, but the agency simply advised the couple to change their home phone number. Subsequently, the couple contacted the FBI, which opened an investigation. It was discovered that the local police agency did not have a computer expert, and the investigative officer had never been on the Internet. The local agency's lack of familiarity and resources may have resulted in a failure to understand the seriousness of the problem and the options available to law enforcement to respond to such problems.

Another indication that many law enforcement agencies underestimate the magnitude of the cyberstalking problem is the wide disparity in reported cases in different jurisdictions across the country. For example, one state attorney general's office in a midwestern state indicated that it received approximately one inquiry a week regarding cyberstalking cases and that it is aware of approximately a dozen prosecutions last year alone. In contrast, the state attorney general's offices in neighboring states indicated they have never received an inquiry into this type of behavior. Although one would generally expect some disparity in differing jurisdictions, the size of the disparity suggests that some law enforcement agencies do not have the training or expertise to recognize the magnitude of the problem in their jurisdictions.

Law enforcement response: specialized units show promise in combating cyberstalking

A growing number of law enforcement agencies are recognizing the serious nature and extent of cyberstalking and taking aggressive action to respond. Some larger metropolitan areas, such as Los Angeles and New York, have seen numerous incidents of cyberstalking and have specialized units available to investigate and prosecute these cases. For example, Los Angeles has developed the Stalking and Threat Assessment Team. This team combines special sections of the police department and district attorney's office to ensure properly trained investigators and prosecutors are available when cyberstalking cases arise. In addition, this specialized unit is given proper resources, such as adequate computer hardware and advanced training, which is essential in investigating and prosecuting these technical cases. Similarly, the New York City Police Department created the Computer Investigation and Technology Unit. This unit provides regular training for police officers and prosecutors regarding the intricacies of cyberstalking investigations and prosecutions. The training includes understanding how chat rooms operate, how to obtain and preserve electronic evidence, and how to draft search warrants and subpoenas.

The programs in New York and Los Angeles both ensure that enforcement personnel receive proper training and have adequate resources to combat cyberstalking. Other jurisdictions are also taking steps to combat cyberstalking. One of the critical steps is learning how to trace communications sent over computers and the Internet. Traditional law enforcement techniques for surveillance, investigation, and evidence gathering require modification for use on computer networks and often require the use of unfamiliar legal processes. Law enforcement at all levels must be properly trained to use network investigative techniques and legal process while protecting the privacy of legitimate users of the Internet. These techniques are similar to those used in investigating other types of computer crime. Just as a burglar might leave fingerprints at the scene of a crime, a cyberstalker can leave an "electronic trail" on the web that properly trained law enforcement can follow back to the source. Thus, technological proficiency among both investigators and prosecutors is essential.

At present, there are numerous efforts at the federal and state levels that focus solely on high technology crimes. These units do not focus on cyberstalking alone, but they have the necessary expertise in computers and the Internet to assist in the investigation of cyberstalking when it arises. For example, the Federal Bureau of Investigation has Computer Crime Squads throughout the country, as well as the National Infrastructure Protection Center in Washington, to ensure cybercrimes are properly investigated. Additionally, they have Computer Analysis and Response Teams to conduct forensics examinations on seized magnetic media. Similarly, in 1996 the Justice Department established the Computer Crime and Intellectual Property Section within the Criminal Division. These units have highly trained personnel who remain on the cutting edge of new technology and investigative techniques. In addition, each U.S. Attorney's office contains experienced computer crime prosecutors. These individuals -- Computer and Telecommunications Coordinators -- assist in the investigation and prosecution of a wide variety of computer crimes, including cyberstalking. In addition, at the state level, several attorneys general have established special divisions that focus on computer crimes.

Although high-tech expertise is essential, police and prosecutors have developed other strategies for helping victims of cyberstalking. An Assistant U.S. Attorney reported that in two recent cases of e-mail harassment, he asked an FBI agent to confront the would-be harasser. The agent advised that such behavior might constitute a criminal offense. In both instances, the harassment stopped. Such strategies, however, are no substitute for prosecution under federal or state law in the appropriate circumstances.

A critical step in combating cyberstalking is understanding stalking in general. In many instances, cyberstalking is simply another phase in an overall stalking pattern, or it is regular stalking behavior using new, high-technology tools. Thus, strategies and techniques that have been developed to combat stalking in general often can be adapted to cyberstalking situations. Fortunately, many state and local law enforcement agencies have begun to focus on stalking, and some have developed special task forces to deal with this problem. In addition, the Attorney General submits an annual report to Congress entitled "Stalking and Domestic Violence." This report compiles valuable information about what the Department of Justice has learned about stalking and stalkers and is a valuable resource for law enforcement agencies and others.

Cyberstalking is expected to increase as computers and the Internet become more popular. Accordingly, law enforcement at all levels must become more sensitive to cyberstalking complaints and devote the necessary training and resources to allow proper investigation and prosecution. By becoming technologically proficient and understanding stalking in general, agencies will be better prepared to respond to cyberstalking incidents in their jurisdictions. In addition, state and local agencies can turn to their local FBI or U.S. Attorney's office for additional technical assistance. Also, computer crime units and domestic violence units should share information and expertise, since many cyberstalking cases will include elements of both computer crime and domestic violence. Finally, law enforcement must become more sensitive to the fear and frustration experienced by cyberstalking victims. Proper training should help in this regard, but law enforcement at all levels should take the next step and place special emphasis on this problem. Computers and the Internet are becoming indispensable parts of America's culture, and cyberstalking is a growing threat. Responding to a victim's complaint by saying "just turn off your computer" is not acceptable.

Victims and support organizations

Because cyberstalking is a relatively new criminal phenomenon, very little public attention and resources have been committed to addressing this crime. Consequently, victims of online harassment and threats, often in collaboration with victim service providers and advocates, have had to step in to fill the void by developing their own informal support networks and informational web sites to exchange information about how to respond to these crimes effectively.

Victim service providers report that the Internet is rapidly becoming another weapon used by batterers against their victims. Just as in real life, abused women can be followed in cyberspace by their batterers, who may surreptitiously place their target under surveillance without her knowledge and use the information to threaten her or discredit her by putting misinformation on the Internet. Victim service providers recommend that victims make copies of all e-mails sent by the batterer as evidence of his stalking and advise a victim to let the stalker know that she does not want to have any further contact with him. SAFE House, a domestic violence victim service provider in Michigan, suggests that victims change their passwords often; refrain from telling anyone what the password is; do not use a password or other identifying information that the batterer/stalker can guess; set up a program that requires a password even to get on the computer; be sure to clear out the history information if programs such as ICQ, AOL Communicator, and Excite PAL, are used; remember that many chat rooms have archives that can be accessed later on by anyone; be careful about what is said in chat rooms and use an alias that is only known to good friends; be aware that if the screen name of the assailant is known, he can be blocked from tracking victims through a buddy list on AOL; and, consult the ISP about the best way to secure their account.

A focus group convened on October 30, 1998, by the Office for Victims of Crime, a component within the U.S. Department of Justice, sought to identify the needs of stalking victims, including victims whose stalkers used the Internet to track and to harass their victims. The victims at the focus group emphasized that although the response of law enforcement and victim service providers is important, stalking victims need a wide range of services from doctors, mental health providers, day care providers, welfare and protection workers, school staff, and employers. In addition, the focus group participants indicated that community awareness and understanding of what constitutes stalking behavior is critical to the support and well-being of stalking victims. Finally, all of the stalking victims reported that the consequences of not being believed or supported, or having their fears viewed as exaggerated or unrealistic, can be devastating. Some victims feel isolated and alone, are made to believe that the stalking is their fault, lose primary relationships, or fear losing their jobs. These issues are just as relevant to cyberstalking victims as they are to victims of offline stalking.

Adequacy of Existing Laws

Although stalking has been a problem for many years, only in this decade has it received significant attention from lawmakers, policy officials, and law enforcement agencies. In 1990, California became the first state to enact a specific stalking law. Since that time, all 50 states and the District of Columbia have enacted stalking laws.

State cyberstalking laws

Less than one third of the states have anti-stalking laws that explicitly cover stalking via the Internet, e-mail, pagers, or other electronic communications. California, for example, only recently amended its stalking statute to cover cyberstalking. This law was used in the prosecution of a 50-year-old former security guard who pleaded guilty on April 28, 1999, to one count of stalking and three counts of solicitation of sexual assault after using the Internet to solicit the of a woman who rejected his romantic advances. While the general stalking statutes in some states may cover cyberstalking, all states should review their laws to ensure they prohibit and provide appropriate punishment for stalking via the Internet and other electronic communications.

Federal cyberstalking laws

Federal law provides a number of important tools that are available to combat cyberstalking. Under 18 U.S.C. 875(c), it is a federal crime, punishable by up to five years in prison and a fine of up to $250,000, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another. Section 875(c) applies to any communication actually transmitted in interstate or foreign commerce - thus it includes threats transmitted in interstate or foreign commerce via the telephone, e-mail, beepers, or the Internet.

Thus, although current statutes address some forms of cyberstalking, there are gaps in current federal and state law. As outlined in the Recommendations below, States should review their existing stalking and other statutes to determine whether they address cyberstalking and, if not, expeditiously enact laws that prohibit cyberstalking.

Federal legislation also is needed to fill the gaps in current law. While most cyberstalking cases will fall within the jurisdiction of state and local authorities, there are instances - such as serious cyberharassment directed at a victim in another state or involving communications intended to encourage third parties to engage in harassment or threats - where state law is inadequate or where state or local agencies do not have the expertise or the resources to investigate and/or prosecute a sophisticated cyberstalking case. Therefore, federal law should be amended to prohibit the transmission of any communication in interstate or foreign commerce with intent to threaten or harass another person, where such communication places another person in fear of death or bodily injury to themselves or another person. Because of the increased vulnerability of , the statute should provide for enhanced penalties where the victim is a minor. Such targeted, technology-neutral legislation would fill existing gaps in current federal law, without displacing the primary law enforcement role of state and local authorities and without infringing on First Amendment-protected speech.

First Amendment and Other Legal Considerations
All 50 States, the District of Columbia, and the federal government have passed laws that criminalize stalking to address the serious harms and dangers that result from stalking, including the fear of violence and loss of privacy and control suffered by the victim. In addition to the direct harms caused by stalking, stalking is also frequently a precursor to physical violence against the victim. By its nature, however, stalking is not a crime that can be defined with a particularized, discrete set of acts. Frequently stalking consists of a course of conduct that may involve a broad range of harassing, intimidating, and threatening behavior directed at a victim. The conduct can be as varied as the stalker's imagination and ability to take actions that harass, threaten, and force himself or herself into the life and consciousness of the victim. As new technologies become available, stalkers adapt those technologies to new ways of stalking victims, as is the case with the Internet and cyberstalking.

One of the recommendations in this report calls on states to review and update their statutes, where necessary, to cover electronic communications within their stalking laws. Care must be taken in drafting cyberstalking statutes to ensure that they are not so broad that they risk chilling constitutionally protected speech, such as political protest and other legitimate conduct. A carefully drafted statute can provide broad protections against cyberstalking without running afoul of the First Amendment.

0 Comments
Illicit vs solicit -Comprehension 101
Posted:Dec 21, 2011 8:46 pm
Last Updated:Jan 10, 2012 5:26 pm
3668 Views

Ruthless bloggers do not comprehend the difference between these terms...A basic dictionary will help -don't worry it won't hurt your 'ego' to use a dictionary...

Solicit: request a response. Ex: Soliciting the murder of a victim.

Illicit: get a response, forbidden by law. Ex: I accuse nobody without proof, because I realize it's just as bad to accuse someone frivolously as to do something illicit.

Note: Attempting to discredit me with slander will NOT solicit or illicit mens rea from me...Stop wasting your time,,,more importantly stop wasting everyone's time.

[RueHue: Lawyers without a reasonable doubt do visit Big Church...I was introduced to one in chat last month.

I wrote the LSAT ONCE in 1987 with a score of 176 being in the 98th percentile... A student at Columbia University I received athletic and academic scholarships and veritably completed my university career - I didn't drop out of *cough* the college in San Diego or the Navy.......But like you said 'who cares about the certificates' right???-after you flaunted nonetheless.....Leave your attempt at writing the LSAT or anything pertaining to a test around intellect and expertise at that,,,don't waste the money and examiners' time......Ruethless I am 100% straight in sexual orientation....Knock off your obsession with me and infantile attempts to cross examine me and everyone else with a brain.....It is disturbing.....Go back to your new 'ditzy' and 'easily duped' *cough* friends,,,using blogs as a diary to whine and blabber about pointless activities.....See ya.]
0 Comments
ACLJ: Celebration of the Christmas Season in Public Schools
Posted:Dec 18, 2011 2:49 pm
Last Updated:Jan 28, 2012 5:58 pm
4342 Views

A colleague of mine presented this letter from the American Center for Law & Justice regarding legalities of celebrating Christmas in public schools....It appears that the public school system is not fully aware of the legal expressions surrounding Christianity in schools with the elimination of most anything related to religious activities and expressions.......


December 8, 2011

Walter Dansby, Interim Superintendent
Fort Worth Independent School District, Admin. Bldg.
100 N. University Drive
Fort Worth, Texas 76107

Re: Celebration of the Christmas Season in Public Schools

Dear Interim Superintendent Dansby:
The American Center for Law and Justice (ACLJ) has been contacted by people expressing their concerns about your policy pertaining to Christmas celebrations in your school district. While students, teachers, administrators, and staff are celebrating the holidays in a variety of creative and entertaining ways in public schools across the country, we are aware that some of these celebrations may be hindered by questions of what is legally permitted or prohibited.

It is our concern that public schools may feel pressured to censor religious expression during the Christmas season. The purpose of this letter is to assist you by answering common
questions concerning what activities are permissible for schools to engage in, and to protect the rights of students to participate in Christmas or other holiday observances in public schools.
By way of introduction, the ACLJ is an organization dedicated to the defense of constitutional liberties secured by law. ACLJ attorneys have argued before the Supreme Court of the United States in a number of significant cases involving the freedoms of speech and religion.

I. May schools display religious symbols during Christmas?
YES. Several federal district courts have ruled that under certain circumstances, it is permissible for a public school to display religious holiday symbols in school calendars and in
holiday displays. For example, a district court in New Jersey directly addressed this issue in Clever v. Cherry Hill Twp., 838 F. Supp. 929 (D.N.J. 1993). In Clever, the plaintiffs challenged a
school policy that provided for religious symbols to be used in school calendars and in a Christmas display. After noting the importance of context and the absence of denominational
preference, the court upheld the policy: Christmas and Chanukah are celebrated as cultural and national holidays as well as religious ones, and there is simply no constitutional doctrine which would forbid school from sharing in that celebration, provided that these celebrations do not constitute an unconstitutional endorsement of religion and are consistent with a school’s secular educational mission.
Id. at 939.

The court then recognized that religion is an appropriate subject of secular study and found it “hard to imagine how such study can be undertaken without exposing students to the
religious doctrines and symbols of others.” Id.; see also Skoros v. City of New York, 2004 U.S. Dist. LEXIS 2234 (E.D.N.Y. 2004) (upholding a public school policy which encouraged schools
to display “secular” holiday symbols such as Christmas trees, Menorahs, and the Star and Crescent and discouraged the display of more religious symbols such as nativity scenes or
excerpts from the Bible, Torah, or Qur’an), aff’d 437 F.3d 1, 4 (2d Cir. 2006) (upholding the policy and declining to decide whether the addition of a crèche would violate the Establishment
Clause); Sechler v. State College Area School District, 121 F. Supp. 2d 439 (M.D. Pa. 2000) (upholding a school’s holiday program which included various references to Christmas,
Chanukah, and Kwanza).In Doe v. Wilson County Sch. System, the district court upheld “the inclusion of a brief
two minute nativity scene at the end of a twenty-two minute Christmas program” that occurred after school hours. 564 F. Supp. 2d 766, 800 (M.D. Tenn. 2008 ). The court cited the Supreme
Court’s cases involving nativity scenes and noted that “[a] nativity scene may be displayed as one item among many secular symbols of Christmas and meet constitutional muster. . . . [but]
isolating a nativity scene in such a way as to show government solidarity with the Christian faith violates the Establishment Clause.” Id. (citations omitted). The court explained:
n the main secular portion of the Christmas program, students assumed roles with costumes and special clothing, including members of the chorus, the reader, soloist, ballerinas, toy doll, toy soldier, Santa Clause, jack-in-the-box, teddy bear,
reindeer, Rudolph, and a mouse. It was much more of an extravaganza with more student participation and fanfare than the rather meager, stark nativity scene placed at the very end. The nativity scene included at the end of the Christmas
program was an example of the religious heritage of the holiday and was very limited in duration as compared to the balance of the program. Unlike in the secular presentation, there were no words spoken by the students or narrated bothers in the ending portion of the program. The Court concludes that the nativity
scene was presented in a prudent, unbiased, and objective manner to present the traditional historical, cultural, and religious meaning of the holiday in America.
Id.

The court concluded, “[c]onsidering the Christmas program as a whole, it was a secular performance with a bit of religious symbolism at the very end to reflect the historic, cultural and
religious significance of the Christmas holiday. Taken as a whole, the inclusion of the nativity scene as a part of the program did not offend the Constitution.” Id. at 801; see also County of
Allegheny v. ACLU, 492 U.S. 573, 601 (1989) (“[G]overnment may celebrate Christmas in some manner and form, but not in a way that endorses Christian doctrine”).

II. Are students allowed to sing Christmas carols with religious themes at school events or in holiday programs?
YES. The Establishment Clause does not prevent the singing of Christmas carols with religious origins by public school choirs. A case that addressed this specific issue upheld the singing of religious Christmas carols in public schools. In Florey v. Sioux Falls School District, 619 F.2d 1311 (8th Cir. 1980), the United States Court of Appeals for the Eighth Circuit held that the study and performance of religious songs, including Christmas carols, are constitutional if their purpose is the “advancement of the students’ knowledge of society’s cultural and religious heritage, as well as the provision of an opportunity for students to perform a full range of music, poetry and drama that is likely to be of interest to the students and their audience.” Id.at 1314.

The Eighth Circuit in Florey found that religious songs and symbols can be used in public schools if they are presented in a “prudent and objective manner and only as part of the cultural and religious heritage of the holiday.” Id. at 1317.

It is important to note that the decision in Florey was based upon Supreme Court cases that permit the study of the Bible in public schools. For example, in School District of Abington Township v. Schempp, 374 U.S. 203, 225 (1963), the Supreme Court explained:
It certainly may be said that the Bible is worthy of study for its literary and historic qualities. Nothing we have said here indicates that such study of the Bible or of religion, when presented objectively as part of a secular program of
education, may not be effected consistently with the First Amendment.

Other court of appeals cases have bolstered the central holding of Florey. The United States Court of Appeals for the Fifth Circuit, in Doe v. Duncanville Independent School District
70 F.3d 402 (5th Cir. 1995), upheld a school’s longtime use of “The Lord Bless You and Keep You” as its theme song. In its decision, the Court stated:A position of neutrality towards religion must allow choir directors to recognize the fact that most choral music is religious. Limiting the number of
times a religious piece of music can be sung is tantamount to censorship and does not send students a message of neutrality. . . Such animosity towards religion is not required or condoned by the Constitution.
Id. at 408.

Similarly, in Bauchman v. West High School, 132 F.3d 542 (10th Cir. 1997), a student sued the school due to the religious content of the songs performed by the school choir. The
Tenth Circuit dismissed the lawsuit, citing Doe and noting that “the Constitution does not require that the purpose of government-sanctioned activity be unrelated to religion.” Id. at 553.
Furthermore, the court recognized that “a significant percentage of serious choral music is based on religious themes or text. Any choral curriculum designed to expose students to the full array
of vocal music culture therefore can be expected to reflect a significant number of religious songs.” Id. at 554. It is hardly surprising, then, that “the Constitution does not forbid all mention of religion in public schools.” Id.; see also Sease v. School Dist. of Philadelphia, 811 F. Supp. 183 (E.D. Pa. 1993)(noting that the Equal Access Act protects the ability of student-led and initiated choirs to sing religious songs and access school facilities on the same basis as other student groups). In short, a school has discretion to decide whether to include music that contains religious themes as part of an objective classroom study or holiday performance for the purpose of advancing students’ knowledge of our cultural and religious heritage.

III. Can schools teach about the biblical origins of Christmas and Easter?

YES. In Stone v. Graham, 449 U.S. 39, 42 (1980), the Supreme Court stated that “the Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like.” Therefore, it would be constitutional for a public school teacher to have students study Biblical passages that relate to Christmas (e.g., Matthew 1:18-2:22, Luke 2:1-20) if the purpose was to study the historical or literary significance of the passages. In considering the type of activities that are appropriate in public schools, the federal
appeals court in Florey stated, “[w]e view the term ‘study’ to include more than mere classroom instruction; public performance may be a legitimate part of secular study.” Florey, 619 F.2d at
1316. The Florey court went on to quote the lower court with approval, stating “[t]o allow students only to study and not to perform [religious art, literature and music when] such works . .
. have developed an independent secular and artistic significance would give students a truncated view of our culture.” Id. (alteration in original). Of course, any student that has ideological or religious objections to participating in a particular performance should be excused from the assignment. The United States Department of Education has issued guidelines for the nation’s school leaders that address the extent that religious expression and teaching are allowed in public schools. The guidelines state thatPublic schools may not provide religious instruction, but they may teach about religion, including the Bible or other scripture: the history of religion, comparative religion, the Bible (or other scripture)-as-literature, and the role of religion in the history of the United States and other countries all are permissible public school subjects. Similarly, it is permissible to consider religious influences on art, music, literature, and social studies. . . .

The guidelines further state that “public schools may teach about religious holidays, including their religious aspects, and may celebrate the secular aspects of holidays . . . .” In
addition, “[t]eachers and school administrators, when acting in those capacities . . . are prohibited . . . from soliciting or encouraging religious activity, and from participating in such activity with students . . . [and also] from discouraging activity because of its religious content, and from soliciting or encouraging antireligious activity.” These guidelines reaffirm that students and teachers may celebrate the Christmas holiday in an appropriate manner without fear of running afoul of the Establishment Clause.The case of Sechler v. State College Area School District, 121 F. Supp. 2d 439, applied the principles set forth in Stone and the Department of Education guidelines. In Sechler, the district court upheld a school’s holiday display and song program which included various references to Christmas, Chanukah, and Kwanza. In finding no “excessive entanglement” with religion, the court noted that no clergy were involved in the planning or administration of the program, and the School District was not involved in any doctrinal questions. Id. at 449. In fact, the opposite was true; the program and display “sen[t] a message of inclusion and celebrate[d] freedom to choose one’s own beliefs.” Id. at 453. Consequently, the program and display did “not offend the Establishment Clause, either as favoring one religion over others or as favoring religion over non-religion.” Id. The court noted that public school officials have some latitude in designing permissible holiday programs. Id. at 452 n.13; see also Doe v. Wilson County Sch.

Sys., 564 F. Supp. 2d at 799-800 (“it is generally understood that the custom of giving thanks for our provisions and welfare is the basis for our Thanksgiving holiday. . . . Learning about a
typical generic prayer which may have been said by the early Pilgrims has both historic and religious overtones” and is constitutionally permissible if done in an objective manner to explain the historical origins of Thanksgiving).
It is important to note that students are free to discuss the Biblical origins of the Christmas and Easter holidays with other students during non-instructional time. For example,
while schools may impose reasonable time, place and manner restrictions on candy distribution containing religious messages, they may not impose an absolute ban on such religious speech
activity.

Recently, the Court of Appeals for the Fifth Circuit held, in an en banc review, that theFirst Amendment prohibits viewpoint discrimination against elementary students’ religious expression, such as the distribution of religious-themed gifts or literature to other students at school parties or during non-instructional time when secular items may be distributed. Morgan v.
Swanson, 659 F.3d 359, 401-12 (5th Cir. 2011) (en banc). The court first noted that “First Amendment rights are of paramount importance in school facilities.” Id. at 403 (citing Good
News Club v. Milford Cent. Sch., 533 U.S. 98, 112 (2001); Lamb’s Chapel v. Ctr. Moriches Union Free Sch. Dist., 508 U.S. 384, 393-94 (1993); Widmar v. Vincent, 454 U.S. 263, 265. 267
(1981)). Considering the particular facts in issue, the court disagreed with the defendants’ claims, finding that, among other similar incidents, student distribution of candy canes with a
religious message attached (during a school party in which other students could distribute personal gifts), could neither be considered school-sponsored speech nor implicate the
Establishment Clause. Id. at 407-10.Discussing the limited parameters of the school-sponsored speech exception, the Fifth Circuit explained that, “[l]ike all exceptions to the First Amendment’s protections, the Hazelwood exception should be construed narrowly.” Id. at 408. Moreover, [w]hatever latitude school officials may have with respect to school-sponsored speech under Hazelwood, or with government-endorsed speech under the Establishment Clause—that is, speech that could be erroneously attributed to the school—outside of that narrow context, viewpoint discrimination against private, student-to-student, non-disruptive speech is forbidden by the First Amendment.Id. at 409. “Accordingly, the principals were not permitted to discriminate on the basis of viewpoint; yet, in each incident the principals allegedly censored speech solely because it expressed a religious message.” Id. In conclusion, the majority explained further: In short, what one says to another is within the protection of the First Amendment unless one of the narrow exceptions . . . applies, and none does in this case. Accordingly, we hold that the First Amendment protects all students from viewpoint discrimination against private, non-disruptive, studentto-student speech. Therefore, the principals’ alleged conduct—discriminating against student speech solely on the basis of religious viewpoint—is unconstitutional under the First Amendment.” Id. at 83–84

IV. Are students permitted to write about the origin of Christmas and the birth of Jesus or other religious sentiments in school assignments?
YES. A student’s private religious speech is protected by the First Amendment, so long as that speech does not “‘materially or substantially interfere with school discipline.’” Tinker v.
Des Moines Independent Community School District, 393 U.S. 503, 504 (1969) (quoting Burnside v. Byars, 363 F.2d 744, 749 (5th Cir. 1966)). It is well established that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Id.at 506. Supreme Court precedent establishes that private religious speech, far from being a First
Amendment orphan, is as fully protected under the Free Speech Clause as secular private expression.” Indeed, in Anglo-American history, at least, government suppression of speech has so commonly been directed precisely at religious speech that a free-speech clause without religion would be Hamlet without the
prince.Capitol Square & Advisory Bd. v. Pinette, 515 U.S. 753, 760 (1995) (internal citations omitted). In Mergens, the Court noted: “[T]here is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect.” 496 U.S. at 250.Additionally, the U.S. Department of Education’s guidelines on religious expression in
public schools clearly state that students are permitted to discuss religious topics in class assignments:
Religious Expression and Prayer in Class Assignments Students may express their beliefs about religion in homework, artwork,
and other written and oral assignments free from discrimination based on the religious content of their submissions. Such home and classroom work should be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Thus, if a teacher’s assignment involves writing a poem, the work of a student who submits
a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards (such as literary quality) and neither penalized nor rewarded on account of its religious content.

Thus, for example, if a student is instructed to write an essay discussing what his favorite holiday is and why, he should be able to write an essay explaining that his favorite holiday is Christmas because it represents the birth of Jesus. The essay should be judged by normal academic standards of literary quality and grammar without regard to the essay’s religious content

V. May schools continue to refer to the “Christmas” and “Easter” holidays?
YES. School districts are under no constitutional obligation to rename the Christmas and Easter holidays. The Supreme Court itself has acknowledged with approval that Congress gives
federal employees a paid holiday on December 25 and calls that holiday “Christmas.” See Lynch v. Donnelly, 465 U.S. 668, 675, 680 (1984); see also Ganulin v. United States, 71 F. Supp. 2d
824 (S.D. Ohio 1999), aff’d, 238 F.3d 420 (6th Cir. 2000)(upholding the federal law making Christmas a legal holiday).
Federal and state laws that designate Christmas and Easter as official holidays are constitutionally sound.
7
For instance, in Bridenbaugh v. O’Bannon, 185 F.3d 796 (7th Cir. 1999),the Seventh Circuit held that Indiana’s recognition of Good Friday as a legal holiday did not violate the Establishment Clause. In reaching this result, the court noted that
the Establishment Clause does not prohibit Indiana from choosing Good Friday as the day for a legal holiday merely because that day coincides with what, to some, is a religious day. No court has ever held that the Establishment Clause is violated merely because a state holiday has the indirect effect of making it easier for people to practice their faith.Id. at 801-02. The Seventh Circuit added that people are free to celebrate Good Friday as they choose.

Conclusion
We hope that this informational letter helps to clarify the legal issues surrounding the role of religious expression in public schools during the Christmas season. The American Center for
Law and Justice is committed to defending the constitutional rights of students on their public school campuses and to assisting public schools in complying with the First Amendment. Please feel free to share this information with your schools’ board, attorneys, principals, staff, and students. Please know that we are available if you should need further assistance. Please feel free to contact us on our toll free number: 1 (800) 296-4529.

Sincerely,
AMERICAN CENTER FOR LAW AND JUSTICE
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Christianity and Law
Posted:Dec 13, 2011 3:12 pm
Last Updated:Dec 24, 2011 2:02 am
3623 Views

I read an intriguing book as a law student 'Christianity and Law: An Introduction'....The book addresses the impact that Christianity has had on law from its beginnings to present day...Some legal creations were wholly original to Christianity...It discusses natural law,,,canon law,,,state law....Give it a read if it piques your interest.
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Matthew 24:51
Posted:Dec 5, 2011 9:04 pm
Last Updated:Dec 14, 2011 5:18 pm
2591 Views

The story is told about a father complaining about the amount of time his family spent in front of the television. His watched too many cartoons and neglected their homework. His wife preferred watching soap operas as opposed to doing housework. What is his solution? He declares, “As soon as the football season is over, I’m going to pull the plug.” Hypocrisy! Someone once said, “Hypocrisy is like a pin. It is pointed in one direction, and yet headed in another.”

Webster’s New Collegiate Dictionary defines hypocrisy as an “act of playing a part on stage; a feigning to be what one is not; the false assumption of an appearance of virtue or religion.” A hypocrite is one who fakes virtues or qualities he does not have.

In any great forest you will find huge trees. They tower above other trees and appear to be the very picture of strength and maturity. However, loggers will sometimes not even bother to cut down these huge trees. At first one wonders, “Why leave them? After all, a tree that big must contain twice or thrice the amount of limber as a smaller tree.” The reason is simple. Huge trees are often rotten on the inside. They are the hollow trees that ’s picture books show raccoons living in. And they are the trees that are often blown over in a strong windstorm because, while they appear to be the picture of strength, in fact their hollowness makes them weak. This is the essence of hypocrisy – appearing strong on the outside, but hollow and rotten on the inside.

One of the saddest things about hypocrisy is that many in the Lord’s church have succumbed to deadly playacting. Some Christians try to outwardly appear faithful and concerned about the Lord’s work, but inwardly they are worldly – they are only pretenders. Jesus said, “Woe unto you, scribes and Pharisees, hypocrites! for ye are like unto whited sepulchers, which outwardly appear beautiful, but inwardly are full of dead men’s bones, and of all uncleanness. Even so ye also outwardly appear righteous unto men, but inwardly ye are full of hypocrisy and iniquity” (Matt. 23:27-2. Jesus said we must beware of hypocrisy (Luke 12:1). Paul speaks of hypocrisy when he says, “They profess that they know God; but by their works they deny him, being abominable, and disobedient, and unto every good work reprobate” (Tit. 1:16).

In our present day many are hypocrites in worship. Our Lord declared, “Ye hypocrites, well did Isaiah prophesy of you, saying, This people honoreth me with their lips; But their heart is far from me. But in vain do they worship me, Teaching as their doctrines the precepts of men” (Matt. 15-9).

Many are Christians are hypocrites when they see only the faults of others and refuse to see their own. “And why beholdest thou the mote that is in thy brother’s eye, but considerest not the beam that is in thine own eye? Or how canst thou say to thy brother, Brother, let me cast out the mote that is in thine eye, when thou thyself beholdest not the beam that is in thine own eye? Thou hypocrite, cast out first the beam out of thine own eye, and then shalt thou see clearly to cast out the mote that is in thy brother’s eye” (Luke 6:41-42).

One can be hypocritical when they try to make laws where God has not made them. Our Lord warned, “But the Lord answered him, and said, Ye hypocrites, doth not each one of you on the sabbath loose his ox or his ass from the stall, and lead him away to watering? And ought not this woman, being a of Abraham, whom Satan had bound, lo, these eighteen years, to have been loosed from this bond on the day of the sabbath?” (Luke 13:15-16).

There are many other ways that one can be a hypocrite that are just too numerous to mention. But remember this, hypocrites are great pretenders. Thus, let us be warned, for the Great and Almighty Judge said that hypocrites will not go to heaven (Matt. 2
4:51)!
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