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Lawsuit seeks to block Trump from sending presidential alerts to phones
The Hill ^ | 10/02/18 | ARIS FOLLEY

Posted on 10/02/2018 6:36:40 AM PDT by yesthatjallen

Three activists filed a lawsuit in federal court last week to block President Trump from sending alert messages directly to U.S. cellphones under a new system ran by the Federal Emergency Management Agency (FEMA).

Politico reported on Monday that three New Yorkers – J.B. Nicholas, Kristine Rakowsky and Liane Nikitovich – argued in the new lawsuit that the system is a violation of their free speech rights and would also act as an unconstitutional seizure of their cellphones.

A testing of the new system in question, which would reportedly be the first national test of the "presidential alert" system for cellphones and other electronic devices, was initially scheduled to take place on Sept.20.

However, the test was later rescheduled because of Hurricane Florence. It is not set to take place on Wednesday.

In the lawsuit, Nicholas, Rakowsky and Nikitovich argue the new system would turn their electronic devices into “government loudspeakers" for Trump and others in the administration to promote propaganda.

A law former President Obama signed in 2016 stated the emergency alert system was allowed to be used for testing but not " to transmit a message that does not relate to a natural disaster, act of terrorism, or other man-made disaster or threat to public safety."

However, Nicholas, Rakowsky and Nikitovich argue in the suit that the criteria laid out in that law was "unconstitutionally vague."

"Without more specific definitions...officials — including President Trump — are free to define 'act of terrorism' and 'threat to public safety' as they see fit, potentially broadcasting arbitrary, biased, irrational and/or content-based messages to hundreds of millions of people," the complaint reads.

The three accused the president of using his Twitter to spread "weaponized disinformation" and said they "don't wish to receive text messages, or messages of any kind, on any topic or subject, from Defendant Trump."


TOPICS: News/Current Events
KEYWORDS: nationalemergencies; trump
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Even if Trump is trying to warn Puerto Ricans about an impending Hurricane?
1 posted on 10/02/2018 6:36:40 AM PDT by yesthatjallen
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To: yesthatjallen
the system is a violation of their free speech rights and would also act as an unconstitutional seizure of their cellphones

Only in the Bizzaro World of Democrats would the sending of information violate free speech and allowing someone to keep their property as seizure.

2 posted on 10/02/2018 6:38:42 AM PDT by rjsimmon (The Tree of Liberty Thirsts)
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To: rjsimmon

I am perfectly willing to stand with them if their point would have been that government has no automatic right to text my phone without permission.

But that they had no issue with it (and probably supported it) when Obama signed it into law and only waited until now when Trump was going to test it in an attempt to silence him makes me say “get bent”


3 posted on 10/02/2018 6:43:10 AM PDT by Skywise
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To: yesthatjallen

“weaponized disinformation”

the lib media invented that bit of nastiness.


4 posted on 10/02/2018 6:43:13 AM PDT by V_TWIN
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To: yesthatjallen

Sounds like they only object to warnings from one specific president.

Good luck with that. The emergency alert system commandeers televisions monthly for testing.


5 posted on 10/02/2018 6:43:26 AM PDT by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: yesthatjallen

The chronic, no-cure, mental disease brought on by liberalism rots out the human brain’s ability to think rationally and honestly. Opposites become reality: hot is cold, male is female, wrong is right, up is down, etc. etc.
THIS is a classic example....we see examples like this in the news just about everyday now.


6 posted on 10/02/2018 6:43:45 AM PDT by lgjhn23 (It's easy to be liberal when you're dumber than a box of rocks.)
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To: yesthatjallen

Well, they can keep their damn phone off on the day of the test.

Wow what an easy fix.


7 posted on 10/02/2018 6:44:15 AM PDT by 2CAVTrooper (Democrats... BETRAYING America since 1828.)
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To: yesthatjallen
case ain't ripe. should be dismissed w/o prejudice.
8 posted on 10/02/2018 6:45:13 AM PDT by stylin19a ( Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever)
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To: yesthatjallen

While they’re at it perhaps they can get this system to stop sending me missing child Amber Alerts from 250 miles away.


9 posted on 10/02/2018 6:46:05 AM PDT by Buckeye McFrog
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To: rjsimmon

And be demanding the removal or restriction of our 2nd Amendment Rights - they’re perfectly happy with seizing your guns if someone doesn’t like you.


10 posted on 10/02/2018 6:46:10 AM PDT by NativeSon ( Grease the floor with Crisco when I dance the Disco)
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To: rjsimmon

It’s another nuisance lawsuit meant to hamstring Trump.


11 posted on 10/02/2018 6:46:23 AM PDT by yesthatjallen
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To: FoxInSocks

And the judge should dismiss the case and tell them to file after the president has actually demonstrated “broadcasting arbitrary, biased, irrational and/or content-based messages to hundreds of millions of people.”


12 posted on 10/02/2018 6:47:06 AM PDT by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: yesthatjallen

It was started under bammy. The media is deliberately and intentionally making people think that Trump started the alert system.


13 posted on 10/02/2018 6:47:09 AM PDT by I want the USA back (Cynicism is the only refuge in a world that is determined to eliminate itself.)
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To: yesthatjallen

His first message should be:

FUNRN


14 posted on 10/02/2018 6:49:45 AM PDT by samtheman (Lets elect as many Republicans as possible in 2018)
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To: samtheman

COVFEFE


15 posted on 10/02/2018 6:58:31 AM PDT by PJBankard (Heaven has strict immigration policies. Hell has open borders.)
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To: Skywise

“... government has no automatic right to text my phone without permission.”

I agree, and shouldn’t that apply to telemarketing calls as well?


16 posted on 10/02/2018 7:02:09 AM PDT by ryderann
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To: yesthatjallen

Please explain how this is any different than silver or amber alerts?


17 posted on 10/02/2018 7:02:45 AM PDT by mykroar (Congratulations President Trump)
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To: yesthatjallen

So, if they win does that mean they’ll have to take down all of the Amber Alert signs on the highway? I mean, somebody might not want to read them as they pass by.


18 posted on 10/02/2018 7:05:55 AM PDT by libertylover (Despite government propaganda, I know the difference between a boy and a girl.)
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To: yesthatjallen

So, it was 0bama’s idea, but now that President Trump wants to implement/test it, it’s bad.

Got it! *Rolleyes*


19 posted on 10/02/2018 7:08:15 AM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set.)
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To: yesthatjallen

According to a well-known anonymous source, President Trump is going to use this as a backup to his Twitter feed, should the Deep State take his down. So, naturally, they would attempt to block his back up. All this activity is being monitored and that sealed documents keep piling up. Enjoy the show!


20 posted on 10/02/2018 7:12:03 AM PDT by SubMareener (Save us from Quarterly Freepathons! Become a MONTHLY DONOR)
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