In a decision that could have far-reaching free speech implications for faculty at universities and colleges across Florida, the University of Florida has refused to allow three political science professors to continue to serve as expert witnesses in a case that challenges a new state law that restricts voting access.
Political Science Professors Daniel Smith, Michael McDonald and Sharon Austin, who have all previously served as expert witnesses in cases against state, were told by emails earlier this month that their requests to serve as experts would now be rejected. They were seeking permission to serve as experts in the case challenging Senate Bill 90, passed by Florida’s GOP-controlled Legislature in the wake of the 2020 election.
“Outside activities that may pose a conflict of interest to the executive branch of the State of Florida create a conflict for the University of Florida,’’ wrote David Richardson, dean of UF’s college of arts and sciences in response to Smith’s request.
Smith is the chair of UF’s political science department, McDonald is a national expert on elections and Austin studies African American political behavior.
Gary Wimsett, UF’s assistant vice president for conflicts of interest, provided a similar response to McDonald and Austin.
“UF will deny its employees’ requests to engage in outside activities when it determines the activities are adverse to its interests. As UF is a state actor, litigation against the state is adverse to UF’s interests,” Wimsett’s rejection to McDonald and Austin read.
Paul Donnelly, a lawyer for the professors, called the UF decision “retaliatory” behavior that “strikes at the very heart of academic freedom” and impinges on their free speech rights.
“It is a profound, chilling, frightening change in policy,’’ he said. “What would happen if another another party was in control and could engage in this kind of censorship?”
Donnelly said the plaintiffs lawyers in the voting rights case brought by Florida Rising, ACLU and other voting rights groups raised their concerns in the document filed in the U.S. District Court for the Northern District of Florida on Friday in the case.
He said he hopes the federal judge will address their concerns and UF changes its position, but if it doesn’t they will considering filing a lawsuit in federal court, arguing academic freedom and First Amendment rights have been violated, and seeking a preliminary injunction.
In a statement released to the Miami Herald by UF’s VP for communications, Steve Orlando, the school denied infringing on the free speech rights of the professors.
“The University of Florida has a long track record of supporting free speech and our faculty’s academic freedom, and we will continue to do so.
“It is important to note that the university did not deny the First Amendment rights or academic freedom of professors Dan Smith, Michael McDonald and Sharon Austin. Rather, the university denied requests of these full-time employees to undertake outside paid work that is adverse to the university’s interests as a state of Florida institution.”
The governor’s office did not immediately reply to a request for comment.
In an Oct. 13 letter to Wimsett, ACLU lawyer Daniel Tilley told the university that “there is no question that Dr. Smith would be speaking in his capacity as a private citizen, not as an employee of the University.” He also argued that Smith should be allowed to testify because the issue is one of great public concern.
“Principles of academic freedom significantly reduce the scope of the government’s legitimate prerogative to police professors’ speech on matters of public concern,’’ he wrote.
The professors, who would not comment on the case, have offered expert testimony in many lawsuits, including several cases against the State of Florida.
A week before McDonald was denied his request to serve as an expert, Smith, who is chair of the Department of Political Science at the University of Florida, and McDonald, a redistricting expert who is also a professor in the department, wrote an op-ed published in the Tampa Bay Times accusing Republican leaders of using outside contracts to intentionally shield redistricting data and mapping details from the public.
Legislators vigorously denied the allegations and asked that the column be retracted.
Donnelly now says the timing of what he considers retaliation is significant.
“When someone engages in First Amendment protected activity, like the professor’s did with the op-ed piece or they did with their testimony, if unconstitutional action is taken by the government in proximity to that, that’s evidence of violation of constitutional rights,’’ he said.
Smith was originally told he could no longer participate as an expert witness in July, according to the correspondence included in documents filed in the federal court. But the denial for McDonald and Austin came after the op-ed.
Senate Bill 90 made changes to the state’s elections laws, such as limiting the use of ballot drop boxes and prohibiting people from possessing more than two vote-by-mail ballots, which was already illegal in Miami-Dade County.
The plaintiffs in the case argue the law is unconstitutional and designed to suppress voting by minorities. Last week, the state asked a federal judge to block subpoenas that would require seven Republican legislators and a representative of DeSantis’ office to testify about their roles in creating the law. The governor’s office claimed executive privilege prevented his office from testifying.
Smith has been the most prolific of the three professors in his work with experts challenging the Republican-controlled state government.
He was a key figure in the litigation surrounding Amendment 4, the constitutional amendment Floridians passed in 2018 allowing nearly all people with felony convictions the right to vote, provided they completed “all terms” of their sentence.
Initially hailed as one of the nation’s greatest expansion of civil rights in decades, it was scaled back when the state Legislature, at DeSantis’ insistence, passed a law sharply defining “all terms” of sentence by requiring felons pay all court debts before being able to vote.
The American Civil Liberties Union and other groups sued, claiming the bill was unconstitutional. The ACLU hired Smith to study the effects of the bill and he assembled the most comprehensive known database on Florida felons and concluded that nearly 80% of them would be unable to vote because they owed court fees, fines or restitution to victims. Most owed more than $1,000, an amount out of reach for people who already have trouble finding work after being convicted of a felony.
“The deck is stacked against them,” Smith testified.
A federal judge in Tallahassee sided against the state, but the decision was overturned by an appellate court in Atlanta.
Prior to the 2020 election, Smith also served as an expert on mail-in ballots, and in a lawsuit that forced the state to provide Spanish-language ballots to Hispanic voters. He provided a written report for the League of Women Voters to extend early voting in Florida and also testified against UF in a case that resulted in overturning a ban on early polling places on Florida university campuses.
From 2012-14, Smith provided analysis and testimony in the redistricting lawsuit brought by the League of Women Voters and other plaintiffs.
Donnelly said he has worked with University Florida faculty as expert witnesses for three decades and it is an activity that has always been encouraged by the university and has been a way for faculty to augment their salaries.
“At the University of Florida, it brings the university more fame and respect and these are faculty working for public institutions, so the pay is generally not comparable to private institutions,’’ he said. “So it has been routinely encouraged.”
Mary Ellen Klas can be reached at [email protected] and @MaryEllenKlas
SUPPORT THE TIMES CLOCK
Russian Troops Dead After Getting ‘Treated’ to Poisoned Meals, Ukraine Officials Say
In a show of hospitality, Ukrainian citizens in the besieged region of Kharkiv have reportedly been “treating” Russian troops local delicacies—laced with poison.
At least two troops from the 3rd Motor Rifle Division of the Russian Federation died immediately after eating stuffed buns served by the residents of Izium, a town about 80 miles southeast of Kharkiv, the Main Intelligence Directorate of Ukraine wrote Saturday in an announcement posted to Facebook.
Another 28 Russians are being treated in intensive care from eating the contaminated treats. The condition of these poisoned invaders has yet to be confirmed.
According to the Intelligence Directorate, several hundred Russian soldiers have also suffered severe illnesses from drinking poisoned alcohol while occupying the region. Ukrainian officials said that the Russian military is “writing off these cases as so-called ‘non-combat losses.’”
Though Russian troops have reportedly retreated from the capital of Kyiv. The New York Times reports that insurgent forces are still fighting to gain control of Izium, despite the locals’ culinary efforts. Control of the eastern town would allow Russians to strategically secure access to the occupied Donbas region.
Massive ship called Ever Forward is stuck in Chesapeake Bay
Despite two failed attempts to free it this week, a sister container ship to the Ever Given that got stuck in the Suez Canal last year has been lodged in the Chesapeake Bay for 21 days — and now cargo holders have to pay to help free it.
Why it matters: The Ever Forward (yes, bask in the irony) is the largest ship to get stuck in the Chesapeake Bay and it’s carrying 5,000 containers of … stuff.
Get market news worthy of your time with Axios Markets. Subscribe for free.
What’s happening: The ship’s owner — Evergreen Marine Corp. — has invoked a maritime law dubbed “General Average,” under which people whose belongings are on a ship must share in the cost of freeing it.
Zoom in: It’s unclear what’s in the thousands of containers aboard the Ever Forward, but at least one cargo holder — a Bloomberg journalist who recently moved from Hong Kong to New York — has been sharing her experience waiting on her furniture.
“The entire contents of our apartment, all of our furniture, lots of books, things of sentimental value are all in a container stuck in the Chesapeake Bay,” Tracy Alloway told NBC Washington.
The U.S. Coast Guard, which is handling Ever Forward’s PR, per the Port of Baltimore, told Axios that “general cargo” is on the ship and referred further questions to Evergreen.
Zoom out: The Ever Forward has been idling near Baltimore, en route to Norfolk, since a wrong turn leaving Baltimore on March 13 ran the boat aground in shallow water (24 feet of water — when it needs 42 to float, per NBC Washington.)
The Ever Forward has been stuck thrice as long as its sister ship sat marooned between the Mediterranean and Red seas last year.
Tuesday and Wednesday were the first attempts to refloat the boat using tug boats.
A third attempt will be coming soon, “using two anchored pulling barges from the stern and five tugs,” Doyle wrote on Twitter.
The big picture: You can stay informed on the progress via istheshipstillstuck.com, a website that went viral last year during the Suez fiasco.
The boat has become a tourist attraction and Downs Park (there’s a $6 entry fee) in Pasadena, Maryland is apparently the best place to see it.
By the numbers: Comparing giant, stuck container ships.
The Ever Forward — currently lodged in Baltimore en route to Norfolk for 21 days and counting — 1,095 feet long, 117,340 gross tons. Ran aground due to a wrong turn in the Bay.
The Ever Given — stuck in the Suez Canal for 6 days – 1,312 feet long, weighing in at 224,000 gross tons. Ran aground due to a large wind gust.
More from Axios: Sign up to get the latest market trends with Axios Markets. Subscribe for free
California has $600M in unclaimed can, bottle deposits
SACRAMENTO, Calif. (AP) — California is sitting on a $600 million pile of unclaimed nickel and dime deposits on recyclable cans and bottles and now wants to give some of that back to consumers.
To get the state’s nearly 40 million residents to recycle more and send more deposits back to them, Gov. Gavin Newsom’s administration unveiled a plan Friday to temporarily double to a dime the refund for a 12-ounce (355 milliliters) bottle or can. California already pays 10 cents on containers over 24 ounces (709 milliliters), and that would temporarily double to 20 cents.
The move would make California among the highest-paying recycling programs in the country. Rachel Machi Wagoner, director of the California Department of Resources Recycling and Recovery, said the effort would help California again become the recycling leader it was 35 years ago when it started its cash refund program.
When someone in California purchases a regular-sized soda, a 5-cent charge is applied that can be recouped if the container is brought back for recycling. Under Newsom’s plan, the deposit charge would remain the same but the return amount would double. The goal is to raise the recycling rate for beverage containers from 70% to at least 80%.
Oregon and Michigan already offer 10-cent refunds and advocacy groups say that amount for each glass or plastic bottle or aluminum can has been enough for consumers to recycle at least nine of every 10 containers.
The advocacy group Consumer Watchdog’s President Jamie Court, a frequent critic of the recycling program, called the plan “a very positive step” and “a bold proposal to give people their money back.”
“That money isn’t doing anybody any good sitting in the bank,” Court said. “We need a complete structural fix, but this is a good interim step.”
California’s proposal feeds the latest national effort to boost recycling as beverage distributors face increased pressure to include higher percentages of recycled material in their containers, National Stewardship Action Council executive director Heidi Sanborn said.
Just 10 of the 50 states have deposit programs now, but many are considering them — potentially creating a confusing patchwork and beverage labels crowded with different states’ deposit amounts, something she said distributors want to avoid.
California’s doubling of refunds would be temporary — a duration for the change has yet to be decided — and is expected to cost $100 million. If approved by the Legislature the refund increase would take effect sometime during the next fiscal year that starts July 1.
It’s uncertain if any boost in recycling would last once the higher price ends, Sanborn acknowledged, but she hopes instead California will decide to make the increase permanent. She’s also hopeful pressure from states will spur attempts by U.S. Rep. Alan Lowenthal of California and U.S. Senator Jeff Merkley of Oregon to craft a national bottle bill.
Newsom’s plan also attempts to ease a bottleneck that began years ago as more neighborhood recycling centers closed and Consumer Watchdog said many grocery stores also were refusing to take back empties in-store as required.
To increase access, Newsom’s administration proposes spending $100 million on grants to add about 2,000 automated recycling machines, also known as reverse vending machines, at high schools, colleges and retailers. Consumers dump their empty containers into the machines, which issue a refund.
Another $55 million would go for state-funded mobile recycling programs in rural areas and other places with few recycling options.
Consumers are very upset that “they are unable to return their bottles and cans and get their money back as promised,” said Sanborn, who also heads California’s Statewide Commission on Recycling Markets & Curbside Recycling.
Sanborn blamed the closure of many California recycling centers on the state’s failure to quickly adjust its complicated payment formula to meet changing market conditions.
Many of California’s recyclables go to China, which toughened standards in 2017 on accepting contaminated material, including plastics. The move “totally slammed the recycling industry” nationwide, said Kate O’Neill, a University of California, Berkeley, environmental science professor and author of the 2019 book “Waste.”
The U.S. market is recovering now with the addition of domestic recycling facilities, but there still is a problem matching supply to demand, O’Neill said.
Recycling officials had expected beverage consumption to drop during the pandemic, as it does during most economic downturns, Wagoner said. Instead, container sales in California increased by 2.5 billion over three years, to 27 billion last fiscal year, meaning a record number of deposits flowing into the state’s recycling fund.
The number of refundable containers recycled in California meanwhile hit a record high of more than 18.8 billion in 2021 — but that still left plenty of money on the table.
Repeated attempts to improve the state’s recycling system have struggled in the Legislature, even as California tries to boost its recycling rates, minimize food waste, and work toward a circular-use economy.
Wagoner said Friday’s proposal is an interim step while the administration continues talks with lawmakers over permanent fixes.
Democratic state Sen. Bob Wieckowski said he tried a bill last year with proposals similar to what the administration is now suggesting, “and they didn’t want to hear about it.” He anticipates people now hoarding their recyclables until the double redemption period, then facing long lines once it begins.
His proposal this year would put more responsibility on producers to recycle their containers.
“It has a little gimmicky nature to it,” Wieckowski said of the state’s plan. “We have 45 Band-Aids on this program, and sometime you have to get out of the Band-Aid business.”
Fort Lauderdale police arrest Black hotel clerk who called for help
New body camera video released by the Fort Lauderdale Police Department shows officers pushing a Black hotel employee before arresting him. The employee, Raymond Rachal, was the person to call the police after an incident in the lobby where Rachal claims a man was yelling racial slurs at him.
Police investigating ‘appalling’ incident recorded inside a Wilmington High School bathroom
Police and school officials in Wilmington are investigating a “serious and disturbing physical altercation” inside a boys’ bathroom this week that left the superintendent of schools “appalled,” not only because of the incident, but because some students recorded video and posted it online.
The video is difficult to watch.
In a letter to the school community dated March 30th, Superintendent Glenn Brand said the incident happened on Tuesday and investigators are working to identify the students involved.
The recording sent to Boston 25 indicates a student was picked up inside the bathroom and had his head forced into a toilet inside a stall in the bathroom. The video below has been blurred due to the ages of those involved.
“I am truly appalled by the actions of these students which are unacceptable and do not represent the core values of this educational community,” said Supt. Brand. ”It is my expectation that each and every one of our students has the right to attend a school that is safe and supportive. While I recognize that the vast number of our students consistently make appropriate choices to support such an environment, we will have zero tolerance for those that do not.”
“The Wilmington Public School prioritizes, above all else, the safety, well-being and respect of all of our students and staff,” said Supt. Brand.
“It is therefore with tremendous disappointment that I write to inform you of a serious and disturbing physical altercation that occurred in one of the boys’ bathrooms (Tuesday),” said Brand. “Not only is the incident itself concerning, but also that some of our students recorded the altercation and posted this online.”
“All students who are found culpable will be held fully accountable and appropriate disciplinary action will be taken as well as the removal of appropriate privileges that are afforded to those students,” said Supt. Brand. “I assure you that we will pursue relevant legal actions should such be deemed warranted following the investigation.”
The superintendent also alluded to other recent trouble at the school.
“This incident comes in the wake of a number of other concerns recently involving troubling student behavior. Everyone has an obligation to help foster the type of school environments that our students deserve, including our staff, families and most importantly, our students themselves,” said Brand.
A statement posted to the school’s website on Friday by the Wilmington High School Student Class Officers, called the incident “horrific.”
“If a picture is worth a thousand words then a video is worth a million, yet many of us were left speechless by the thoughtless actions of others that transpired earlier this week in one of our school bathrooms,” according to the statement. “These horrific actions perpetrated by an embarrassing group of individuals do not represent who we are as a student body. We are honor roll students, college bound-career focused seniors, varsity athletes, robotic champions and so much more. Our image should not be clouded by these individuals.”
Boston 25 spoke with Wilmington Police Chief Joe Desmond about the incident.
“Obviously there were a lot of kids in the bathroom and this young man was taken and physically dragged into the bathroom,” said Desmond.
The chief says the students pick the student up and lower him head down into the toilet. “It clearly looks like an assault as far as where I come from,” said Desmond.
Police are also looking to see if this incident rises to the level of a hate crime or civil rights violation. Chief Desmond says they have at least three recordings and they are working with the school to identify everyone involved.
“Kids should be able to go to school and feel safe and feel supported and not worried about being picked on or God forbid this incident is horrible. That poor kid” it’s terrible,” said concerned parent Roberta Biscan.
The school superintendent is scheduling bystander training that will be mandatory for all students. According to police, the case is moving quickly and charges are likely to be filed.
Watch for updates on Boston 25.
This is a developing story. Check back for updates as more information becomes available.
Download the FREE Boston 25 News app for breaking news alerts.
Why this huge catfish was released by a fisherman who didn’t even bother to weigh it
Ivan Garren from Cleveland, Tennessee caught a huge catfish Thursday while fishing in Wolftever Creek.
Garren, who used skipjack as bait, was fishing in a depth of about six feet when he hooked the monster.
He did not weigh or measure the fish but estimated it was about 38 pounds. He wanted to get the fish back in the water as soon as possible after taking a couple of pictures.
“I release all big fish for other people to enjoy,” Garren said.
As big as the fish was, Garren said he has caught bigger.
Wolftever Creek is located in Hamilton County near Middle Valley, Tennessee. It is known for having a large population of catfish, largemouth and smallmouth bass and crappie.
Reach Mike Organ at 615-259-8021 or on Twitter @MikeOrganWriter.
This article originally appeared on Nashville Tennessean: Tennessee fisherman releases huge catfish without weighing
The Judds reunite for CMT Music Awards performance
NASHVILLE, Tenn. (AP) — The Judds, one of the most successful duos in country music in the 1980s, are reuniting to perform on the CMT Music Awards, their first major awards show performance together in more than two decades.
The mother-and-daughter duo of Naomi and Wynonna will perform their hit “Love Will Build a Bridge” on the awards show on April 11, airing on CBS and Paramount+, during an outdoor shoot in front of the Country Music Hall of Fame and Museum in Nashville, Tennessee.
“It feels both surreal and what a thrill it is. What a thrill to finally get her back on the stage because she’s been waiting for 20-plus years,” Wynonna told the AP of her mother, Naomi. “As a daughter and as an artist, it’s a win-win.”
Originally from Kentucky, Naomi was working as a nurse in the Nashville area when she and Wynonna started singing together professionally. Their unique harmonies, together with elements of acoustic music, bluegrass and blues, made them stand out in the genre at the time.
The Judds won nine Country Music Association Awards and seven from the Academy of Country Music and had more than a dozen No. 1 hits, including “Mama, He’s Crazy” and “Grandpa (Tell Me ’bout the Good Old Days).”
In 1990, Naomi Judd announced her retirement from performing due to chronic hepatitis. Wynonna has continued her solo career and they have occasionally reunited for special performances.
“To have all the incredible opportunities that I have had, being reminded of all that, just makes me very humbled and I just want to bask in the moment,” Naomi Judd told the AP.
This is also their first ever performance together at the CMT Music Awards. Country star Kacey Musgraves will introduce the pair prior to the performance.
“Music is the bridge between mom and me, and it it bonds us together. Even in the not easy times,” said Wynonna Judd. “We show up and we sing because that’s what love is about, right? So what a beautiful celebration.”
Hosted by country singer Kelsea Ballerini and actor Anthony Mackie, the fan-voted awards show will also feature performances by Ballerini, Kane Brown, Miranda Lambert, Luke Combs, Maren Morris, Cody Johnson, Little Big Town, Keith Urban, Carly Pearce and more.
Adele Reveals The ‘Worst Moment’ Of Her Career Happened This Year
Galaxy Digital calls off $1.2 billion acquisition of BitGo – TechCrunch
John Oliver Exposes Tragic Consequence Of America’s Most ‘Mind-Blowing F**k-Up’
a16z’s Chris Dixon shares his insights on crypto at TechCrunch Disrupt – TechCrunch
Broadway’s Julie Benko Looks Beyond ‘Funny Girl’ On Vibrant New Album
‘Winter may be longer’ because unicorns won’t accept down rounds, says SoftBank leader – TechCrunch
Technology5 days ago
a16z’s Chris Dixon shares his insights on crypto at TechCrunch Disrupt – TechCrunch
Entertainment4 days ago
Broadway’s Julie Benko Looks Beyond ‘Funny Girl’ On Vibrant New Album
Entertainment5 days ago
Joe Exotic Presses ’90 Day Fiancé’ Pal Jesse Meester For Biden Pardon
Technology6 days ago
Elon Musk sells nearly $7 billion in Tesla shares – TechCrunch
Entertainment3 days ago
Ellen DeGeneres Pays Tribute To Ex-Girlfriend Anne Heche
Entertainment5 days ago
Raymond Briggs, ‘The Snowman’ Creator And Illustrator, Dead At 88
Travel6 days ago
How Hotels Are Trying To Entice Travelers To Return
Entertainment3 days ago
The Nastiest Part Of Woodstock ’99 May Haunt You Forever