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Texas High School Enforces Sick New Ban, So Outraged Students Call In The Feds

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A group on Texas High School cheerleaders have won a court case in the Texas Supreme Court to continue to display Bible verses on their banners.

Their 6-year saga began when in 2012 the school superintendent received a complaint from the Wisconsin-based Freedom From Religion Foundation and as a result, the school district ordered the team to stop displaying the Bible quotes immediately. So the cheerleaders took matters into their own hands and did what all of us Americans should be doing when our First Amendment right to free speech is being trampled on. They took the fight all the way to the Texas Supreme Court.

And they won. In January of 2016, the Texas Supreme Court unanimously voted in favor of the cheerleaders, but the battle didn’t end there. The liberal activists took the case all the way to the Liberal 9th circuit court of appeals, where in September of 2017, they actually backed the Texas Supreme Court’s decision. The normally far left wing liberal appeals court ruled the cheerleaders’ rights to display Bible quotes was “private speech” and because of this, it should continue without issue.

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Here is more via The Dallas News:

“Texas cheerleaders can display Bible verses at high school football games, a state appeals court ruled Thursday.

The Ninth Court of Appeals sided with students from Kountze High School, who sued after the district barred Christian messages from cheer banners at football games. The cheerleaders’ choice to display Bible verses is protected as “private speech,” the appeals court ruled.

“We are pleased that once again religious liberty is vindicated and that cheerleaders across the state of Texas have the right to have religious messages on banners at high school football games,” Hiram Sasser, general counsel of the Plano-based conservative nonprofit law firm First Liberty, wrote in a news release. “No school district should be able to censor, ban, or claim ownership of the private religious speech of its students.”

Since their legal fight began in 2012, the Kountze cheerleaders have received widespread support from Texas’ top Republicans, including Sens. John Cornyn and Ted Cruz, Attorney General Ken Paxton and Gov. Greg Abbott.

The cheerleaders were previously defended by James Ho, whom President Donald Trump nominated to the Fifth Circuit Court of Appeals on Thursday, and First Assistant Attorney General Jeff Mateer, who has come under fire after videos surfaced of him describing transgender children as evidence of “Satan’s plan” and warning that same-sex marriage would lead to polygamy and bestiality.

Mateer, who left First Liberty in 2016 to join the office of the attorney general, was also nominated to the federal bench this month.

The case dates back five years, when district officials banned cheerleaders in the southeast Texas school district from displaying banners with Christian themes. The move was made after the Freedom From Religion Foundation, a nonprofit that advocates for the separation of church and state, complained the banners resulted in a publicly-funded school district endorsing a specific religion.

District officials later decided to allow the banners, but retained the ability to control their content.

A district court judge sided with the cheerleaders in 2013. But the appeals court soon after said their lawsuit was moot due to the district’s policy change. Eventually, the case was kicked up to the Texas Supreme Court, which remanded it back to the appeals court last year.

The court’s ruling this week found that since cheerleading is not related to the “pedagogical concerns” of the district, the banners did not amount to “government speech.”

“Given the nature of the expressive activity — a hand-drawn, playful paper banner, displayed by cheerleaders engaged in an extra-curricular activity, only momentarily before the football team runs through the banner — it is highly unlikely that the banner would appear to those in attendance at the game to contain a message endorsed by the school,” the court wrote. “Kountze ISD has not raised substantial disruption of or material interference with school activities as a concern. Kountze ISD has not pleaded or offered any evidence of disruption or interference.

“Therefore, we conclude that the Cheerleaders’ speech expressed on the run-through banners is best characterized as the pure private speech of the students.”

Tom Brandt, attorney for Kountze ISD, told The Dallas Morning News that his clients had not yet determined their next steps in the case. The district could decide to appeal once again to the Texas Supreme Court.”

What these cheerleaders did should come as a lesson to all us freedom loving Americans. When the left attacks our Freedom of Speech we should never back down and cower. When we give in the left wins and let’s face it, when we on the right give in that’s the only way the left is able to win since their ideas pretty much stink and are wrong for America in every sense of the word.

These cheerleaders are heroes in every sense of the word and they have done more to support the Conservative cause than any party has done in ages. They stood up for all our freedoms and they won, even in the 9th circuit. That’s Historic!

H/T Western Journal

 

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WATCH: Alec Baldwin tells donors to ‘Overthrow’ Trump at Democrat Fundraiser

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These Hollywood lunatics don’t seem to get it. The more they make threats towards our President..The more they fire up the American people. So please..keep it up. That giant red tsunami is coming in November.

Baldwin’s career is so in the gutter that the only job he can get is being unfunny on SNL.

Oh..and by the way..‘The Alec Baldwin Show’ Premiere Totally Bombs. Breitbart has more on that story.

From Fox News:

MANCHESTER, N.H. – Less than 24 hours after reprising his Emmy Award-winning parody of President Trump on “Saturday Night Live,” Alec Baldwin took aim at the president again.

“In an orderly and formal way, and lawful way, we need to overthrow the government of the United States under Donald Trump,” Baldwin said Sunday night at a major fundraising dinner for New Hampshire’s Democratic Party.

“I flew here this morning after doing ‘Saturday Night Live’ last night,” the actor, comedian and longtime liberal political activist told a crowd of some 800 party office-holders, candidates, officials and activists, drawing loud applause.

Baldwin said his role as Trump on “SNL” wasn’t supposed to last as long as it has.

“‘Just three shows,’ he said,” Baldwin recalled “SNL” producer Lorne Michaels saying as he tried to convince the actor to portray then-candidate Trump. “‘Till the election,’ he said. ‘Then he’ll be gone,’ he said. ‘Three shows. It will be fun,’ he said.”

But Trump’s victory over Hillary Clinton in the 2016 presidential election resulted in an extension of Baldwin’s run on the late-night comedy show – including this weekend’s opening sketch about Trump’s recent meeting with rapper Kanye West.

Turning serious, Baldwin then rallied the crowd to vote in next month’s midterm elections, saying “this election and the one that follows in 2020 will be the most consequential elections since the election of FDR.”

He added: “It is time to overthrow the government of Donald Trump — not in a violent way or unlawful way — but it must be overthrown nonetheless.”

Baldwin ended his nearly 20-minute-long speech by putting his own spin on the president’s famous campaign slogan.

“Let’s make America great again by making Donald Trump a casino operator again,” he said.

“Let’s make America great again by making Donald Trump a casino operator again.” — Alec Baldwin

Some New Hampshire Republicans criticized the state’s Democrats for choosing Baldwin as their keynote speaker. They pointed to Baldwin’s past problematic behavior, including making abusive comments to and about women, and making homophobic remarks.

Taking questions from reporters after his speech, Baldwin didn’t directly answer.

“Most of the time people are trying to tar me with a brush about defending Woody Allen,” he said, referring to the filmmaker who has long faced allegations of sexual assault, which he has denied.

Baldwin also told reporters that he’s “always dreamed” of running for office himself, but explained it’s not in the cards for him at this time.

“My wife told me she’d divorce me if I ran for office,” he joked.

He also downplayed suggestions that his Democratic activism would limit the success of “The Alec Baldwin Show,” his new venture on ABC.

Baldwin has long been a backer of Democratic candidates and causes. He famously declared that he’d move to Canada if then-Texas Gov. George Bush won the 2000 presidential election. Though Bush did win, Baldwin didn’t move.

More recently, Baldwin campaigned last year for Democrat Ralph Northam in Virginia’s hotly contested gubernatorial election. And last November he headlined the Iowa Democrats’ major fall fundraising gala.

New Hampshire is the state that holds the first presidential primary every four years — and Sunday night’s dinner over the years has been a key stop for potential Democratic White House hopefuls.

Baldwin previously made headlines in June when he told radio host Howard Stern that if he made a 2020 presidential bid, he would beat Trump.

“If I ran, I would win,” Baldwin said. “I would absolutely win.”

Baldwin said Sunday that if he had decided to run, “I thought it would be such a pleasure to go around the country and try to remind people that, Let’s get back to a time of common sense.”

But Baldwin said he’s not very optimistic when he considers the potential field of Democrats vying for the party’s presidential nomination in 2020.

“I’m hoping that someone that isn’t necessarily on the horizon right now would materialize,” Baldwin said, “because I don’t think anybody that’s a frontrunner now of the top six, seven, eight names that I’ve seen, I don’t think any of them is going to have an easy time of it.”

He also took another shot at the president.

“Every day I wake up, I still am horrified,” he said. “I feel like I’m in some dream that Trump is president of the United States. I almost can’t even say it.”

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BREAKING: Federal Judge Dismisses Stormy Daniels’ Defamation Lawsuit Against Donald Trump

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This is breaking right now. A federal judge has dismissed Stormy Daniels’ defamation lawsuit against Trump, and said that Trump is entitled to legal fees from her.

Trump has emerged victorious!

The Washington Times is reporting:

“A judge has dismissed the defamation lawsuit brought against President Trump by a porn star who claims to have had an affair with him.

According to a Fox News report, the judge also ordered the porn actress, whose real name is Stephanie Clifford and who has been represented by attorney Michael Avenatti, to pay Mr. Trump’s legal fees — customarily, a rebuke of a lawsuit ever being brought.

“No amount of spin or commentary by Stormy Daniels or her lawyer Mr. Avenatti can truthfully characterize today’s ruling in any way other than total victory for President Trump and total defeat for Stormy Daniels,” said Trump attorney Charles Harder in a statement issued by the White House.”

Stormy’s lawyer, Michael Avenatti responded:

“Re Judge’s limited ruling: Daniels’ other claims against Trump and Cohen proceed unaffected. Trump’s contrary claims are as deceptive as his claims about the inauguration attendance.

We will appeal the dismissal of the defamation cause of action and are confident in a reversal.”

The Hollywood Reporter also reported:

“A judge sees Trump’s tweet about a “con job” as “rhetorical hyperbole” and orders the porn queen to pay his attorneys fees.

First Amendment.

Stormy Daniels was the plaintiff in this one.

She not only sued Trump to invalidate a hush agreement over an alleged affair, but in the midst of the controversy, her attorney Michael Avenatti sheparded a claim over one of Trump’s tweets.

Last April, Avenatti released a sketch of a man who allegedly threatened Daniels into remaining silent back in 2011. Trump tweeted, “A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!”

In response, Trump moved to have the complaint stricken under Texas’ anti-SLAPP statute, which provides special protection against frivolous litigation usurping one’s free speech activity. Charles Harder, his attorney, argued that the statement at issue represented protected opinion and that Daniels hadn’t sufficiently alleged damages nor stated facts to show Trump acted with actual malice.

U.S. District Court Judge S. James Otero concludes that Daniels has failed to establish a prima facie case for defamation.

“The Court agrees with Mr. Trump’s argument because the tweet in question constitutes ‘rhetorical hyperbole’ normally associated with politics and public discourse in the United States,” states the opinion. “The First Amendment protects this type of rhetorical statement.”

The judge continues by defining “rhetorical hyperbole” as “extravagant exaggeration employed for rhetorical effect” and characterizes Trump’s tweet as displaying “an incredulous tone, suggesting that the content of his tweet was not meant to be understood as a literal statement about Plaintiff. Instead, Mr. Trump sought to use language to challenge Plaintiff’s account of her affair and the threat that she purportedly received in 2011. As the United States Supreme Court has held, a published statement that is ‘pointed, exaggerated, and heavily laden with emotional rhetoric and moral outrage’ cannot constitute a defamatory statement.”

Otero adds that Trump made a “one-off rhetorical comment, not a sustained attack on the veracity of Plaintiff’s claims” and that this distinguishes this suit from other cases where courts have seen enough to deem defamation from a public statement. The judge adds that Daniels’ assumption that Trump knew of the 2011 threat doesn’t establish facts adding up that he did, in fact, know about the threat. The judge ends up agreeing with Trump that Daniels hasn’t shown actual malice nor adequately pled damages.

Daniels won’t get the opportunity to amend her complaint to cure deficiencies, and what’s more under Texas’ anti-SLAPP statute, she now has to pay Trump’s legal costs — perhaps a rubbing of salt in the wound to those who contributed to Daniels’ legal defense fund. However, she does have a right to pursue an appeal.

UPDATE: In a tweet following publication of this story, Avenatti attempted to frame the ruling as “limited” and said it wouldn’t affect her other claims looking to invalidate the contract. (There, Trump offered her a covenant not to sue and is arguing a court no longer has jurisdiction to entertain that controversy.) Avenatti added, “We will appeal the dismissal of the defamation cause of action and are confident in a reversal.””

A little history on the lawsuit:

A U.S. federal judge in Los Angeles on Monday appeared poised to throw out adult film actress Stormy Daniel’s defamation lawsuit against President Donald Trump on free-speech grounds, Reuters reported.

Daniels, whose real name is Stephanie Clifford, sued the president in April over a tweet in which he denied her claims of being subtly threatened by a man in a Las Vegas parking lot in 2011.”

“Daniels said the man was threatening her for going public about an alleged sexual encounter with Trump in 2006. Trump has denied the affair took place, and cast doubt on her story of being threatened.

“A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!” Trump tweeted.

Daniels’ attorney Michael Avenatti said the tweet damaged her credibility by portraying her as a liar. Trump’s attorneys have asked a federal judge in Los Angeles to dismiss the suit.

“The question is whether the tweet by the president is protected communication or political hyperbole and non-defamatory on its face,” U.S. District Judge James Otero said during Monday’s hearing.

“He’s a public official, he’s president of the United States, so it doesn’t get much higher than that,” Otero said. “It’s free speech by a public official on a matter of public concern.”

He continued, “(Allowing) the complaint to go forward and to have one consider this to be defamatory in the context it was made would have a chilling effect,” Otero said during the hearing.

Avenatti told reporters he expects a ruling within days and plans to appeal if the suit is dismissed.

Otero scheduled a hearing Dec. 3 to discuss Trump’s efforts to dismiss another lawsuit by Daniels over a hush-money agreement related to their alleged affair.

Daniels sued Trump and his former lawyer Michael Cohen, who negotiated the deal, so she could speak publicly about the alleged affair without fear of reprisal. Cohen had threatened to sue her for $20 million.”

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