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A teen who used vulgar slang in an Internet blog to complain about school administrators shouldn't have been punished by the school, her lawyer told a federal appeals court.
But a lawyer for the Burlington, Conn., school told the 2nd U.S. Circuit Court of Appeals on Tuesday that administrators should be allowed to act if such comments are made on the Web.
Avery Doninger, 17, claims officials at Lewis S. Mills High School violated her free speech rights when they barred her from serving on the student council because of what she wrote from her home computer.
In her Internet journal, Doninger said officials were canceling the school's annual Jamfest, which is similar to a battle of the bands contest. The event, which she helped coordinate, was rescheduled.
According to the lawsuit, she wrote: "'Jamfest' is canceled due to douchebags in central office," and also referred to an administrator who was "pissed off."
After discovering the blog entry, school officials refused to allow Doninger to run for re-election as class secretary. Doninger won anyway with write-in votes, but was not allowed to serve.
A lower federal court had supported the school. U.S. District Judge Mark Kravitz, denying Doninger's request for an injunction, said he believed she could be punished for writing in a blog because the blog addressed school issues and was likely to be read by other students.
Her lawyer, Jon L. Schoenhorn, told the appeals court Tuesday that what students write on the Internet should not give schools more cause to regulate off-campus speech.
William F. Buckley Jr., the erudite Ivy Leaguer and conservative herald who showered huge and scornful words on liberalism as he observed, abetted and cheered on the right's post-World War II rise from the fringes to the White House, died Wednesday. He was 82.
His assistant Linda Bridges said Buckley was found dead by his cook at his home in Stamford, Conn. The cause of death was unknown, but he had been ill with emphysema, she said.
Over the past year, anecdotal evidence for a cooling planet has exploded. China has its coldest winter in 100 years. Baghdad sees its first snow in all recorded history. North America has the most snowcover in 50 years, with places like Wisconsin the highest since record-keeping began. Record levels of Antarctic sea ice, record cold in Minnesota, Texas, Florida, Mexico, Australia, Iran, Greece, South Africa, Greenland, Argentina, Chile -- the list goes on and on.
No more than anecdotal evidence, to be sure. But now, that evidence has been supplanted by hard scientific fact. All four major global temperature tracking outlets (Hadley, NASA's GISS, UAH, RSS) have released updated data. All show that over the past year, global temperatures have dropped precipitously.
A compiled list of all the sources can be seen here. The total amount of cooling ranges from 0.65C up to 0.75C -- a value large enough to wipe out nearly all the warming recorded over the past 100 years. All in one year's time. For all four sources, it's the single fastest temperature change ever recorded, either up or down.
Scientists quoted in a past DailyTech article link the cooling to reduced solar activity which they claim is a much larger driver of climate change than man-made greenhouse gases. The dramatic cooling seen in just 12 months time seems to bear that out. While the data doesn't itself disprove that carbon dioxide is acting to warm the planet, it does demonstrate clearly that more powerful factors are now cooling it.
White Americans are both genetically weaker and less diverse than their black compatriots, a Cornell University-led study finds.
Analyzing the genetic makeup of 20 Americans of European ancestry and 15 African-Americans, researchers found that the former showed much less variation among 10,000 tested genes than did the latter, which was expected.
They also found that Europeans had many more possibly harmful mutations than did African, which was a surprise.
But the Cornell study, published in the journal Nature Thursday, indicates that Europeans went through a second "population bottleneck," probably about 30,000 years ago, when the ancestral population was again reduced to relatively few in number.
The doubly diluted genetic diversity has allowed "bad" mutations to build up in the European population, something that the more genetically varied African population has had more success in weeding out.
Dr Watson told The Sunday Times that he was "inherently gloomy about the prospect of Africa" because "all our social policies are based on the fact that their intelligence is the same as ours – whereas all the testing says not really". He said there was a natural desire that all human beings should be equal but "people who have to deal with black employees find this not true".
"There is no firm reason to anticipate that the intellectual capacities of peoples geographically separated in their evolution should prove to have evolved identically. Our wanting to reserve equal powers of reason as some universal heritage of humanity will not be enough to make it so."
A Navy missile soaring 130 miles above the Pacific smashed a dying and potentially deadly U.S. spy satellite Wednesday and probably destroyed a tank carrying 1,000 pounds of toxic fuel, officials said.
Officials had expressed cautious optimism that the missile would hit the satellite, which was the size of a school bus. But they were less certain of hitting the smaller, more problematic fuel tank, whose contents posed what Bush administration officials deemed a potential health hazard to humans if it landed intact.
In a statement announcing that the Navy missile struck the satellite, the Pentagon said, "Confirmation that the fuel tank has been fragmented should be available within 24 hours." It made no mention of early indications, but a defense official close to the situation said later that officials monitoring the collision saw what appeared to be an explosion, indicating that the fuel tank was hit.
The unbelievable images show a shopper just trying to pay up at a corner deli, when out of nowhere he is laid out with a haymaker that conjures memories of a young Mike Tyson.
The victim takes the brunt of the blow to the head and neck and goes sprawling to the floor. The assailant leaves, but some in his posse go over to the prone victim and take his money.
Wikipedia, the free online encyclopedia, is refusing to remove medieval artistic depictions of the Prophet Muhammad, despite being flooded with complaints from Muslims demanding the images be deleted.
More than 180,000 worldwide have joined an online protest claiming the images, shown on European-language pages and taken from Persian and Ottoman miniatures dating from the 14th, 15th and 16th centuries, are offensive to Islam, which prohibits any representation of Muhammad. But the defiant editors of the encyclopedia insist they will not bow to pressure and say anyone objecting to the controversial images can simply adjust their computers so they do not have to look at them.
The images at the centre of the protest appear on most of the European versions of the web encyclopedia, though not on Arabic sites.
Defying the gloom that many retailers are feeling, Wal-Mart Stores Inc. expects a more profitable year selling to penny-pinching shoppers after its renewed focus on low prices paid off over the holidays with a 4 percent rise in fourth-quarter profit.
The world's largest retailer, emerging from a yearlong turnaround effort after sales stumbles in 2005 and 2006, said Tuesday that aggressive holiday discounts and improvements in its more than 4,000 U.S. stores boosted sales despite consumer worries.
Cuban revolutionary icon Fidel Castro announced Tuesday he was stepping aside, ending five decades of ironclad rule marked by his brash defiance of the United States.
Citing poor health, Fidel Castro, 81, said he would not retain the presidency when the national assembly meets later this week, in a message published by the online version of the Cuban Communist Party newspaper Granma.
"I neither will aspire to, nor will I accept, the position of president of the Council of State and commander-in-chief," Castro wrote, almost 19 months after undergoing intestinal surgery and handing power temporarily to his brother Raul Castro.
"It would betray my conscience to take up a responsibility that requires mobility and total commitment that I am not in physical condition to offer," he said.
Castro did not say who he thought should be his successor. Any member of his inner circle is arguably a contender, although many Cuba-watchers believe Raul Castro, who has been serving as interim president, is the leading choice.
The California man convicted of sending threatening letters containing a white powder to public figures like David Letterman and Jon Stewart has been sentenced to probation and ordered to check into a halfway house, where he will be required to take medications recommended by doctors. Chad Castagana, 40, will remain in the Gateways Community Corrections Center for as long as staff at the Los Angeles facility deem appropriate, though his stay there cannot exceed his five-year probationary term, according to the below U.S. District Court order.
As outrage spread nationwide over a Hillsborough County jail inmate being tossed from his wheelchair onto the floor, the detention deputy at the center of the controversy has been getting nonstop phone calls, many racist in nature.
"It's not even just in Florida," said Beverly Crecy, the roommate of suspended Deputy Charlette Marshall-Jones.
"These calls are from out of state," she said, with tears in her eyes. "People calling her 'n---' and 'fat' and all kinds of stuff. Seven o'clock in the morning and all through the night."
Scientists “don’t have any models that give them a high level of confidence” ... scientists “don’t know. … They just don’t know.”
Dry-winter forecasts were flat wrong this year for much of Colorado and the Southwest, and weather experts say they're struggling to understand why the snow just keeps falling.
Some forecasters blame climate change, and others point to the simple vicissitudes of weather. Regardless, almost everyone called for a dry-to-normal winter in Colorado and the Southwest — but today, the state's mountains are piled so thick with snow that state reservoirs could fill and floods could be widespread this spring.
"The polar jet stream has been on steroids. We don't understand this. It's pushing our limits, and it's humbling," said Klaus Wolter, a meteorologist with the National Oceanic and Atmospheric Administration and the University of Colorado at Boulder.
Mr. McCain, a former prisoner of war, has consistently voiced opposition to waterboarding and other methods that critics say is a form torture. But the Republicans, confident of a White House veto, did not mount the challenge. Mr. McCain voted “no” on Wednesday afternoon.
Chez Pazienza, a senior producer for CNN’s “American Morning,” says the network fired him on Tuesday on the grounds that he violated its standards for journalists through his blog, Deus Ex Malcontent.
Mr. Pazienza announced that he had been fired through — what else — a blog post on Wednesday. “What was the reason for my abrupt and untimely dismissal?” he wrote. “You’re reading it. More to come soon.”
A few months ago, Mr. Pazienza was invited to start blogging on The Huffington Post, the group blog founded by Arianna Huffington.
Mr. Pazienza said he has never identified himself in his writing as a CNN producer or as a representative of CNN and has never written about what goes on at work. “I will write about the media in general and, at times, the very sorry state of it, including the TV news media,” he said. “I think I have the right to.”
Deus Ex Malcontent makes no effort to hide its author’s strong views. “I wake up every morning baffled as to why America hasn’t thrown George Bush and Dick Cheney in prison.
Mr. Pazienza acknowledges that he did not ask permission from CNN to blog, either on his own Web site or on The Huffington Post. He contends that the policy had not been made clear to employees and was overly vague. “It’s purposely set up so they can be subjective,” he said. “Does that mean I can’t post on a MySpace blog that my friends read? Does that mean I can’t post something online to my wife?” He added that he believed he had been dismissed because of his views.
Authorities say they will step up efforts to move hurricane victims out of more than 35,000 trailers now that tests indicate possibly high levels of formaldehyde contamination.
Federal Emergency Management Agency Administrator David Paulison made the announcement Thursday.
The Centers for Disease Control has said fumes from 519 tested trailer and mobile homes in Louisiana and Mississippi were on average about five times what people are exposed to in most modern homes.
In some trailers, the levels were more than 50 times the customary exposure levels, raising fears that residents could contract respiratory problems.
FEMA -- which supplied the trailers -- should move people out quickly, with priority given to families with children, elderly people or anyone with asthma or other chronic conditions, said Mike McGeehin, director of a CDC division that focuses on environmental hazards.
"We do not want people exposed to this for very much longer," McGeehin said.
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