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Supreme Court Rules Cheerleader's F-Bombs Are Protected By The 1st Amendment

Nina Totenberg | NPR

Updated June 23, 2021 at 12:20 PM ET

The U.S. Supreme Court sided with students on Wednesday, ruling that a former cheerleader's online F-bombs about her school is protected speech under the First Amendment.

By an 8-1 vote, the court declared that school administrators do have the power to punish student speech that occurs online or off campus if it genuinely disrupts classroom study. But the justices concluded that a few swear words posted online from off campus, as in this case, did not rise to the definition of disruptive.

"While public schools may have a special interest in regulating some off-campus student speech, the special interests offered by the school are not sufficient to overcome B. L.'s interest in free expression in this case," Justice Stephen Breyer wrote for the court's majority.

At issue in the case was a series of F-bombs issued in 2017 on Snapchat by Brandi Levy, then a 14-year-old high school cheerleader who failed to win a promotion from the junior varsity to the varsity cheerleading term at her Pennsylvania school.

"I was really upset and frustrated at everything," she said in an interview with NPR in April. So she posted a photo of herself and a friend flipping the bird to the camera, along with a message that said, "F*** the school ... F*** cheer, F*** everything."

Suspended from the team for what was considered disruptive behavior, Brandi and her parents went to court. They argued that the school had no right to punish her for off-campus speech, whether it was posted online while away from school, as in this case, or spoken out loud at a Starbucks across the street from school.

A federal appeals court agreed with her, declaring that school officials have no authority to punish students for speech that occurs in places unconnected to the campus.

The decision marked the first time that an appeals court issued such a broad interpretation of the Supreme Court's landmark student speech decision more then a half century ago. Back then, in a case involving students suspended for wearing black armbands to school to protest the Vietnam War, the court ruled that students do have free speech rights under the Constitution, as long as the speech is not disruptive to the school.

Although Brandi Levy is now in college, the school board in Mahanoy, Pa., appealed to the Supreme Court, contending that disruption can come from outside the campus but still have serious effects on campus. It pointed to laws in 47 states that require schools to enforce anti-bullying and anti-harassment policies.

The high court, however, focused on the facts in Levy's case, concluding that while her posts were less than admirable, they did not meet the test of being disruptive.

"We do not believe the special characteristics that give schools additional license to regulate student speech always disappear when a school regulates speech that takes place off campus," Breyer wrote. "The school's regulatory interests remain significant in some off-campus circumstances."

In a concurring opinion, Justice Samuel Alito wrote: "If today's decision teaches any lesson, it must be that the regulation of many types of off-premises student speech raises serious First Amendment concerns, and school officials should proceed cautiously before venturing into this territory."

In a dissent, Justice Clarence Thomas wrote that the school was right to suspend Levy because students like her "who are active in extracurricular programs have a greater potential, by virtue of their participation, to harm those programs."

"For example, a profanity-laced screed delivered on social media or at the mall has a much different effect on a football program when done by a regular student than when done by the captain of the football team," Thomas wrote. "So, too, here."

Copyright 2021 NPR. To see more, visit https://www.npr.org.

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Prosecutors Get Their 1st Guilty Plea In The Jan. 6 Oath Keepers Conspiracy Case

Ryan Lucas | NPR

Updated June 23, 2021 at 6:56 PM ET

Federal prosecutors secured their first guilty plea Wednesday in the Justice Department's sprawling conspiracy case involving the Oath Keepers extremist group in connection with the Jan. 6 attack on the U.S. Capitol.

At a hearing in federal court in Washington, D.C., Graydon Young pleaded guilty to one count of conspiracy and one count of obstruction of an official proceeding. The 55-year-old Florida resident agreed to cooperate with investigators, which could prove critical as the government pursues the remaining defendants in the high-profile case.

Young is one of 16 people associated with the Oath Keepers to be charged with conspiracy, obstruction and other offenses over the Capitol riot. Prosecutors say the defendants coordinated their efforts and actions to try to disrupt Congress' certification of the Electoral College count on Jan. 6.

More than 500 people have been charged so far in connection with the Capitol breach, but the Oath Keepers conspiracy case is one of the most closely watched because of the allegations and the link to an extremist organization.

Young is the second defendant linked to the Oath Keepers to plead guilty. Jon Schaffer pleaded guilty to obstructing an official proceeding and entering restricted grounds with a dangerous weapon in April.

According to Young's statement of offense, he coordinated with his co-conspirators ahead of Jan. 6 and used encrypted messaging apps to maintain "operational security."

On the day itself, the document says, Young and some of his co-conspirators pushed through U.S. Capitol Police lines guarding the Capitol and into the building.

"Mr. Young believed that he and the co-conspirators were trying to obstruct, influence, and impede an official proceeding, that is, a proceeding before Congress, specifically, Congress's certification of the Electoral College vote," the document says.

At Wednesday's hearing, Judge Amit Mehta read that passage to Young to ensure that it was accurate.

"Yes, sir," Young replied, "that is correct."

According to the plea deal, Young has agreed to cooperate fully with prosecutors, including sitting for interviews with investigators and testifying before the grand jury and at trial.

The government, meanwhile, has agreed to dismiss the remaining charges against him. Even so, Mehta said Young is facing a possible prison sentence of 5 to 6 1/2 years under the sentencing guidelines.

Wednesday brought another significant development in the Capitol investigation.

Anna Morgan-Lloyd, a 49-year-old from Indiana who described Jan. 6 as the "best day ever," became the first Capitol riot defendant to be sentenced.

Morgan-Lloyd was not accused of taking part in any of the violence at the Capitol. She pleaded guilty to a single misdemeanor count of "parading, demonstrating, or picketing in a Capitol building."

Judge Royce Lamberth sentenced her to three years of probation and no jail time.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

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Read Britney Spears' Statement To The Court In Her Conservatorship Hearing

Britney Spears arrives for a movie premier in Hollywood, Calif., on July 22, 2019. On Wednesday, the singer asked a judge to end her conservatorship.; Credit: Valerie Macon/AFP via Getty Images

NPR Staff | NPR

Britney Spears is asking a Los Angeles Superior Court judge to end her 13-year conservatorship, saying she is being exploited, bullied and feeling "left out and alone."

Below is a transcript from a leaked audio recording of part of Spears' court statement Wednesday posted on YouTube and verified by NPR.


Britney Spears: I will be honest with you, I haven't been back to court in a long time because I don't think I was heard on any level when I came to court the last time. I brought four sheets of paper in my hands and wrote in length what I had been through the last four months before I came there. The people who did that to me should not be able to walk away so easily. I'll recap: I was on tour in 2018; I was forced to do. My management said if I don't do this tour I will have to find an attorney.

Los Angeles Superior Court Judge Brenda Penny: Ms. Spears, Ms. Spears. I hate to interrupt you, but my court reporter is taking down what you're saying.

Spears: OK.

Penny: And so you have to speak a little more slowly.

Spears: Oh, of course. Yes. OK. I apologize. Great.

Penny: So we hear and make a record of everything you're saying.

Spears: The people who did this to me should not get away and be able to walk away so easily. Recap: I was on tour in 2018. I was forced to do. My management said if I don't do this tour, I will have to find an attorney and by contract my own management could sue me if I didn't follow through with the tour. He handed me a sheet of paper as I got off the stage in Vegas and said I had to sign it. It was very threatening and scary and with the conservatorship, I couldn't even get my own attorney. So out of fear, I went ahead and I did the tour. When I came off that tour, a new show in Las Vegas was supposed to take place. I started rehearsing early, but it was hard cause I'd been doing Vegas for four years and I needed a break in between.

But no, I was told this is the timeline and this is how it's gonna go. I rehearsed four to four days a week, half of the time in the studio and a half of the other time in a Westlake studio. I was basically directing most of the show with my whereabouts, where I preferred to rehearse and actually did most of the choreography, meaning I taught my dancers my new choreography myself. I take everything I do very seriously. There's tons of video with me at rehearsals. I wasn't good. I was great. I led a room of 16 new dancers in rehearsals. It's funny to hear my manager's side of the story. They all said I wasn't participating in rehearsals and I never agreed to take my medication, which my medication is only taken in the mornings, never at rehearsal. They don't even see me. So why are they even claiming that?

When I said no to one dance move into rehearsals, it was as if I planted a huge bomb somewhere and I said, no, I don't want to do it this way. After that, my management, my dancers and my assistant of the new people that were supposed to do the new show all went into a room, shut the door and didn't come out for at least 45 minutes. Ma'am, I'm not here to be anyone's slave. I can say no to a dance move. I was told by my — at the time — therapist, Dr. Benson, who died, that my manager called him and then that moment and told him I wasn't cooperating or following the guidelines in rehearsals. And he also said I wasn't taking my medication, which is so dumb because I've had the same lady every morning for the past eight years give me my same medication and I'm nowhere near these stupid people. It made no sense at all.

There was a week period where they — they were nice to me and they said, "I don't want to do —" And I told them, "I don't want to do the —" They, wait, no — they were nice to me. They said, if I don't want to do the new Vegas show, I don't have to cause I was getting really nervous. I said, "I can wait." It was like, they told me I could wait. It was like lifting literally 200 pounds off of me when they said I don't have to do the show anymore cause it was — I was really, really hard on myself and it was too much.

I couldn't take it anymore. So I remember telling my assistant, "But you know what, I feel weird if I say no. I feel like they're going to come back and be mean to me or punish me or something." Three days later, after I said no to Vegas, my therapist sat me down in a room and said he had a million phone calls about how I was not cooperating in rehearsals and I haven't been taking my medication. All of this was a false. He — he immediately the next day put me on lithium out of nowhere. He took me off my normal meds I'd been on for five years. And lithium is a very, very strong and completely different medication compared to what I was used to. You can go mentally impaired if you take too much, if you stay on it longer than five months. But he put me on that and I felt drunk. I really couldn't even take up for myself. I couldn't even have a conversation with my mom or dad really about anything. I told them I was scared and my doctor had me on — six different nurses with this new medication come to my home, stay with me to monitor me on this new medication, which I never wanted to be on to begin with.

There were six different nurse — nurses in my homes and they wouldn't let me get in my car to go anywhere for — for a month. Not only did my family not do a goddamn thing, my dad was all for it. Anything that happened to me had to be approved by my dad. And my dad only — he acted like he didn't know that I was told I had to be tested over the Christmas holidays before they sent me away when my kids went home to Louisiana. He was the one who approved all of it. My whole family did nothing. Over the two-week holiday, a lady came into my home for four hours a day, sat me down and did a psych test on me. It took forever, but I was — I was told I had to then — after that I got off — Wait.

I was told — I had to then after I got a phone call from my dad saying after I did the psych test with this lady, basically saying I had failed the test or whatever — whatever. "I'm sorry, Britney, you have to listen to your doctors. They are planning to send you to a small home in Beverly Hills to do a small rehab program that we're going to make up for you. You're gonna pay $60,000 a month for this."

I cried on the phone for an hour and he loved every minute of it. The control he had over someone as powerful as me as he loved the control to hurt his own daughter, 100,000%. He loved it.

I packed my bags and went to that place. I worked seven days a week, no days off — which in California, the only similar thing to this is called sex trafficking, making anyone work — work against their will. Taking all their possessions away — credit card, cash, phone, passport card — and placing them in a home where they — they work with the people who live with them. They offer — they all lived in the house with me, the nurses, the 24/7 security. There — there was one chef that came there and cooked for me daily during the weekdays. They watched me change every day, naked. Morning, noon and night. My body — I had no privacy door for my — for my room. I gave eight gallons of blood a week. If I didn't do any of my meetings and work from 8 to 6 at night — which is 10 hours a day, seven days a week, no days off — I wouldn't be able to see my kids or my boyfriend. I never had a say in my schedule. They always told me I had to do this. And ma'am, I will tell you, sitting in a chair 10 hours a day, seven days a week, it ain't fun. And especially when you can't walk out the front door.

And that's why I'm telling you this again two years later, after I've lied and told the whole world I'm OK and I'm happy. It's a lie. I thought I just — maybe I said that enough, maybe I might become happy because I've been in denial. I've been in shock. I am traumatized, you know, fake it till you make it. But now I'm telling you the truth, OK? I'm not happy. I can't sleep. I'm so angry. It's insane and I'm depressed. I cry every day. And the reason I'm telling you this is because I don't think how the state of California can have all this written in the court documents from the time I showed up and do absolutely nothing. Just hire — with my money — another person to keep — and keep my dad on board. Ma'am, my dad and anyone involved in this conservatorship and my management who played a huge role in punishing me when I said, "No, ma'am, they should be in jail." Their cruel tactics working for Miley Cyrus. If she smokes on joints and stage at the VMAs, nothing is ever done to this generation for doing wrong things. But my precious body, whose work for my dad for the past f***ing 13 years, trying to be so good and pretty. So perfect when he works me so hard, when I do everything I'm told, and the state of California allowed my ignorant father to take his own daughter, who only has a role with me if I work with him. They set back the whole course and allowed him to do that to me? That's given these people I've worked for way too much control.

They also threatened me and said if I don't go, then I have to go to court and it will be more embarrassing me if the judge publicly makes you go, "The evidence we have, you have to go." I was advised for my image. I need to go ahead and just go and get it over with. They said that to me. I don't — I don't even drink alcohol. I — I should drink alcohol, considering what they put my heart through.

Also, the Bridges Facility they sent me to none of the kids — I was doing this program for four months. So the last two months I went to a Bridges Facility. None of the kids there did the — did the program. They never showed up for any of them. You didn't have to do anything if you didn't want to. How come they always made me go? How come I was always threatened by my dad and anybody that persisted in this conservatorship? If I don't do this, what they tell me — enslave me to do, they're going to punish me. The last time I spoke to you about just keeping the conservatorship going and also keeping my dad in the loop made me feel like I was dead. Like I didn't matter. Like nothing had been done to to me. Like you thought I was lying or something. I'm telling you again, because I'm not lying. I want to feel heard and I'm telling you this again so maybe you can understand the depth and the degree and the damage that they did to me back then.

I want changes and I want changes going forward. I deserve changes. I was told I have to sit down and be evaluated — again — if I want to end the conservatorship. Ma'am, I didn't know I could petition the conservatorship to end it. I'm sorry for my ignorance, but I honestly didn't know that. But honestly, which I don't think I owe anyone to be evaluated. I've done more than enough. I don't feel like I should even be in a room with anyone to offend me by trying to question my capacity of intelligence, whether I need to be in this stupid conservatorship or not. I've done more than enough. I don't owe these people anything. Especially me, the one that is roofed and fed tons of people on tour on the road. It's embarrassing and demoralizing what I've been through. And that's the main reason I've never said it openly. And mainly I didn't want to say it openly because I honestly don't think anyone would believe me. To be honest with you, the Paris Hilton story on what they did to her, at that school, I didn't believe any of it. I'm sorry, I'm an outsider. And I'll just be honest, I didn't believe it. And maybe I'm wrong. And that's why I didn't want to say any of this to anybody, to the public, because people would make fun of me or laugh at me and say, "She's lying. She's got everything. She's Britney Spears." I'm not lying. I just want my life back. And it's been 13 years and it's enough.

It's been a long time since I've owned my money and it's my wish and my dream for all of this to end without being tested. Again, it makes no sense whatsoever for the state of California to sit back and literally watch me with their own two eyes, make a living for so many people and pay so many people — trucks and buses on tour on the road with me — and be told I'm not good enough. But I'm great at what I do. And I allow these people to control what I do, ma'am, and it's enough, it makes no sense at all. Now, going forward, I'm not willing to meet or see anyone. I've met with enough people against my will. I'm done. All I want is to own my money, for this to end, and my boyfriend to drive me in his f***ing car. And I would honestly like to sue my family, to be totally honest with you.

I also would like to be able to share my story with the world and what they did to me instead of it being a hush hush secret to benefit all of them. I want to be able to be heard on what they did to me by making me keep this in for so long is not good for my heart. I've been so angry and I cry every day. It concerns me I'm told I'm not allowed to expose the people who did this to me. For my sanity, I need you to the judge to approve me to do an interview where I can be heard and what they did to me. And actually, I have the right to use my voice and take up for myself. My attorney says I can't. It's not good. I can't let the public know anything they did to me. And by not saying anything is saying it's OK. I don't know what I said here. It's not OK. I would actually — I don't want to interview. I'd much rather just have an open call to you for the press to hear, which I didn't know today we're doing, so thank you.

Instead of having an interview, honestly, I need that to get it off my heart. The anger and all of it. That — that — that's — that's been happening. It's not fair they're telling me lies about me openly. Even my family. They do interviews to anyone they want on news stations, my own family doing interviews and talking about the situation and making me feel so stupid. And I can't say one thing. And my own people say I can't say anything. It's been two years. I want a recorded call to you — actually, we're doing this now, which I didn't know that we were doing this — until the public knows what they did me. I told my — I know my lawyer Sam has been very scared for me to go forward because he's saying if I speak up, I'm being overworked in that facility, that rehab place that the rehab place will see me. He told me I should keep it to myself. I would personally like to — actually, I know I've had grown with a personal relationship with Sam, my lawyer. I've been talking to him like three times a week now. We've kind of built a relationship, but I haven't really had the opportunity by my own self to actually handpick my own lawyer by myself. And I would like to be able to do that.

I would like to also — the main reason why I'm here is because I want to end the conservatorship without having to be evaluated. I've done a lot of research, ma'am, and there is a lot of judges who do end conservatorships for people without them having to be evaluated all the time. The only times they don't is if a concerned family member says something's wrong with this person and consider an other — otherwise. And considering my family has lived off of my conservatorship for 13 years, I won't be surprised if one of them has has something to say. Go forward and say, "We don't think this should end. We have to help her." Especially if I get my fair serve and turn in exposing what they did to me. Also I want to speak to you about at the moment my obligations, which I personally don't think at the very moment, I owe anybody anything.

I have three meetings a week I have to attend no matter what. I just don't like feeling like I work for the people whom I pay. I don't like being told I have to, no matter what, even if I'm sick, Jodi, the conservator says I have to see my Coach Ken even when I'm sick. I would like to do one meeting a week with a therapist. I've never in — before — even before they sent me to that place, had two therapy sessions. A therapy, one, a therapy session and one therapy session with my — I have a doctor and then a therapy person. What I've been forced to do illegal in my life, I shouldn't be told I have to be available three times a week to these people I don't know.

I'm talking to you today because I feel again, yes, even Jodi is starting to kind of take it too far with me. They have me going to therapy twice a week and a psychiatrist. I've never in the past had — they had me going yeah, twice a week and my doctor goal. So that's three times a week. I've never in the past went to see a therapist more than once a week. It takes too much out of me going to this man I don't know. Number one, I'm scared of people. I don't trust people with what I've been through. And the clever set up of being in what's like, one of the most exposed places in Westlake, which today — yesterday paparazzi showed me coming out of the place, literally crying in there. It's embarrassing and it's demoralizing. I deserve privacy when I go. I deserve privacy when I go and have therapy either at my home, like I've done for eight years — they've always come to my home — or when the Dr. Benson, the guy — the man that died — I went to a place similar to what I went to in Westlake, which was very exposed and really bad. OK, so wait, where was I? It was like, it was identical to Dr. Benson who died. The one who illegally — yes, 100% — abused me by the treatment he gave me to. And to be totally honest with you, I was so —

Penny: Ms. Spears, excuse me for interrupting you. But my reporter says if you could just slow down a little bit because she's trying to make sure she gets everything that you're saying.

Spears: OK, cool.

Penny: And so if you just —.

Spears: OK.

Penny: So that would be great.

Spears: I have been through — and the clever set up in Westlake is identical to Dr. Benson who died, the one who illegally — yes, 100% — abused me by the treatment he gave me. And to be totally honest with you, when he passed away, I got on my knees and thanked God. In other words, my team is pushing — pushing it with me again. I have trapped phobias being in small rooms because the trauma locked me up for four months in that place is not OK for them to send me — sorry, I'm going fast — to that small room like that twice a week with another new therapist I pay that I never even approved. I don't like it. I don't want to do that. And I haven't done anything wrong to deserve this treatment. It's not OK to force me to do anything I don't want to do. By law — by law, Jodi and this so-called team should honestly — I should be able to sue them for threatening me and saying if I don't go and do these meetings twice a week, we — we can't let you have your money and go to Maui on your vacations. You have to do what you're told for this program and then you will be able to go.

But it was very clever. They picked one of the most exposed places in Westlake knowing I have the hot topic of the conservatorship, that over five paparazzi are going to show up and get me crying coming out of that place. I begged them to make sure that they did this at my home so I would have privacy. I deserve privacy. The whole conservatorship from the beginning — once — the conservatorship — the conservatorship from the beginning, once you see someone, whoever it is in the conservatorship, making money, making them money and myself money and working, that whole, that whole statement right there, the conservatorship should end. There should be no — I shouldn't be in a conservatorship if I can work and provide money and work for myself and pay other people. It makes no sense. The laws need to change. What state allows people to own another person's money and account and threaten them and saying, "You can't spend your money unless you do what we want you to do." And I'm paying them.

Ma'am, I've worked since I was 17 years old. You have to understand how thin that is for me. Every morning I get up to know, I can't go on somewhere unless I meet people I don't know every week in an office identical to the one where the therapist was very abusive to me. I truly believe this conservatorship is abusive. And now we can sit here all day and say, "Oh, conservatorships are here to help people." But ma'am, there's a thousand conservatorships that are abusive as well. I don't feel like I can live a full life. I don't — I don't owe them to go see a man I don't know and share him my problems. I don't even believe in therapy. I always think you take it to God.

I want to end the conservatorship without being evaluated. In the meantime, I want this therapist once a week. He can either come to my home — no, I just want him to come to my home. I'm not willing to go to Westlake and be embarrassed by all these paparazzi, these scummy paparazzi laughing at my faces while I'm crying, coming out and taking my pictures as all these white, nice dinners where people drinking wine at restaurants, watching me from these places.

They set me up by sending me to the most exposed places, places. And I told them I didn't want to go there because I knew paparazzi would show up there. They only gave me two options for therapist, and I'm not sure how you make your decisions, ma'am, but this is the only chance for me to talk to you for a while. I need your your help. So if you can just kind of let me know where your head is, I don't really honestly know what to say, but my requests just are to end the conservatorship without being evaluated. I want to petition, basically, to end the conservatorship, but I want to — I want it to be petitioned. And if I don't want to be evaluated, to be sat in a room with people for hours a day like they did me before, and they made it even worse for me after that happened.

So I just — I'm honestly new at this and I'm doing research on all these things. I do know common sense and the method that things can end, it — for people, it has ended without them being evaluated. So I just want you to take that into consider — consideration. I've also done research and wait — also took a year during COVID to get me any self-care methods during COVID. She said there were no services available. She's lying, ma'am. My mom went to the spa twice in Louisiana during COVID. For a year, I didn't have my nails done. No hair styling and no massages, no acupuncture, nothing. For a year. I saw the maids in my home each week with their nails done different each time. She made me feel like my dad does — very similar, her behavior. And my dad, but just a different dynamic. Team wants me to work and stay home instead of having longer vacations. They — they are used to me sort of doing a weekly routine for them and I'm over it. I don't feel like I owe them anything at this point. They need to be reminded they actually work for me. They trick me by sending me to the — OK, I repeated myself there. OK.

Also, I was supposed to be able to have a friend that I used to do AA meetings with. I did AA for two years, I have like, you know — I did three meetings a week and met a bunch of women there. And I'm not able to see my friends that live eight minutes away from me, which I find extremely strange. I feel like they're making me feel like I live in a rehab program. This is my home. I'd like for my boyfriend to be able to drive me in his car. And I want to meet with the therapist once a week, not twice a week. And I want him to come to my home because I actually know I do need a little therapy.

I was told, hold on — I think that's — oh, and I would like to progressively move forward and I want to have the real deal. I want to be able to get married and have a baby. I was told right now in the conservatorship, I'm not able to get married or have a baby. I have an IUD inside of myself right now, so I don't get pregnant. I wanted to take the IUD out so I could start trying to have another baby. But this so-called team won't let me go to the doctor to take it out because they they don't want me to have children — any more children.

So basically this conservatorship is doing me way more harm than good. I — I deserve to have a life. I've worked my whole life. I deserve to have a two- to three-year break and just, you know, do what I want to do. But I do feel like there is a crutch here and I feel like I feel open and I'm OK to talk to you today about it. But I — I wish I could stay with you on the phone forever, because when I get off the phone with you, all of a sudden all I hear — I hear all these no's. No, no, no. And then all of a sudden I get — I feel ganged up on and I feel bullied and I feel left out and alone. And I'm tired of feeling alone. I deserve to have the same rights as anybody does by having a child, a family, any of those things. And more so. And that's all I wanted to say to you. And thank you so much for letting me speak to you today.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

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READ: The Derek Chauvin Sentencing Decision

Hennepin County Judge Peter Cahill sentenced former Minneapolis police officer Derek Chauvin to 22 1/2 years in prison for the murder of George Floyd.; Credit: /Court TV via AP

Laurel Wamsley | NPR

Updated June 25, 2021 at 4:41 PM ET

A Minnesota judge sentenced former Minneapolis police officer Derek Chauvin to 22 1/2 years in prison Friday for the murder of George Floyd.

Judge Peter Cahill wrote that part of the mission of the Minneapolis Police Department is to give citizens "voice and respect."

"Mr. Chauvin, rather than pursuing the MPD mission, treated Mr. Floyd without respect and denied him the dignity owed to all human beings and which he certainly would have extended to a friend or neighbor. In the Court's view, 270 months, which amounts to an additional ten years over the presumptive 150-month sentence, is the appropriate sentence."

Read Cahill's entire sentencing order and memoradum for Chauvin below.

Chauvin, 45, was convicted in April of all three charges he faced — second-degree unintentional murder, third-degree murder and second-degree manslaughter.

He was sentenced only on the first of the charges, the most serious, as is typical in Minnesota.

Cahill said Chauvin's crime included four aggravating factors: that Derek Chauvin abused a position of trust and authority as a police officer, that he treated Floyd with "particular cruelty," that he committed the crime as part of a group with at least three other people, and that children were present during the commission of the offense.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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The Supreme Court Leaves The CDC's Moratorium On Evictions In Place

The U.S. Supreme Court; Credit: Jose Luis Magana/AP

Nina Totenberg and Chris Arnold | NPR

Updated June 29, 2021 at 7:53 PM ET

The U.S. Supreme Court on Tuesday refused to lift a ban on evictions for tenants who have failed to pay all or some rent during the coronavirus pandemic.

By a 5-to-4 vote, the court left in place the nationwide moratorium on evictions put in place by the Centers for Disease Control and Prevention, and which was challenged by the Alabama Association of Realtors.

Justice Brett Kavanaugh, who cast the fifth and deciding vote, wrote in a concurring opinion that he voted not to end the eviction program only because it is set to expire on July 31, "and because those few weeks will allow for additional and more orderly distribution" of the funds that Congress appropriated to provide rental assistance to those in need because of the pandemic. He added, however, that in his view Congress would have to pass new and clearer legislation to extend the moratorium past July 31.

The Biden administration has said it does not plan to extend the moratorium any further.

Also voting to leave the program intact until July 31 were Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan.

Dissenting were Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett. They would have blocked the moratorium from continuing for another month.

The decision comes at a time when roughly 7 million American households say they are still behind on their rent. Many suffered job loss during the pandemic. And delays have stopped more than $46 billion in congressionally approved rental assistance from reaching many people facing eviction who need it.

Housing groups have been warning that pulling the CDC eviction protections away from people before that congressional aid can reach them would spark a wave of evictions that could otherwise be avoided.

Evictions often send families into a downward financial spiral. It can be very hard to find another place to live with an eviction on your record. People can end up living in their cars, motels when they can afford it or in homeless shelters. Research has found there's also a disparate impact on people of color.

During the pandemic, public health experts have warned — and research showed — that evictions result in more coronavirus cases because people end up living in more crowded situations, where they are more likely to catch or spread the disease.

At the outset of the pandemic, Congress adopted a limited, temporary moratorium on evictions. After Congress' moratorium lapsed last July, however, then-President Donald Trump asked the CDC to step in and issue a new eviction ban, which it did in September. In March, President Biden extended that ban, which was to expire at the end of June. Then on June 24, the Biden administration notified the Supreme Court that it had extended the moratorium until July 31. It also said that barring a rise in coronavirus cases, the "CDC does not plan to extend the Order further."

Landlords have long argued that the CDC order was an overreach and that the agency doesn't have the power to, in effect, take control over their own properties away from them.

A group of the nation's landlords challenged the eviction ban and on May 5, a federal judge in Washington, D.C., ruled that the CDC has exceeded its authority. The judge, however, blocked her own decision from going into effect to give the government time to appeal. On June 2, the U.S. Court of Appeals for the District of Columbia upheld the stay, prompting the landlords to go to the Supreme Court.

Keeping the status quo in place "will prolong the severe financial burdens borne by landlords under the moratorium for the past nine months," the property owners said.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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Another Alleged Oath Keeper Pleads Guilty To Jan. 6 Conspiracy

Pro-Trump supporters storm the U.S. Capitol following a rally with then-President Donald Trump on Jan. 6.; Credit: Samuel Corum/Getty Images

Ryan Lucas | NPR

An alleged member of the Oath Keepers has pleaded guilty to charges connected to the Jan. 6 breach of the U.S. Capitol and agreed to cooperate with the government in its conspiracy case against the extremist group.

Mark Grods entered a plea of guilty to one count of conspiracy and one count of obstruction of an official proceeding. According to the statement of offense, the conspiracy's aim was to stop Congress' certification of the Electoral College count.

The plea marks another step forward for prosecutors pursuing a broader conspiracy case against 16 alleged members or associates of the Oath Keepers, a far-right, anti-government group. Last week, one of the defendants in that case pleaded guilty to conspiracy and obstruction, and agreed to cooperate with investigators.

Grods, who was charged separately but admitted to having coordinated with members of the Oath Keepers, has also agreed to cooperate with the government, including testifying before a grand jury or at trial.

In a court filing, prosecutors said Grods' case "is part of an ongoing grand jury investigation and plea negotiation related to United States v. Thomas Caldwell, et al.," which is the government's Oath Keepers conspiracy case.

At a court hearing Wednesday in Washington, D.C., just blocks from the Capitol, U.S. District Court Judge Amit Mehta went over the charges and the terms of Grods' plea deal, and told him his estimated sentencing guidelines range was 51 to 63 months.

"How do you plead on count one, the charge of conspiracy, sir?" Mehta asked.

"Guilty," Grods said.

"Count two, obstruction of an official proceeding, how do you plead, sir?" Mehta asked.

"Guilty," Grods replied again.

In his statement of offense, Grods admits to bringing firearms to Washington, D.C., and then stashing them across the Potomac River at a Virginia hotel — a detail the government says buttresses its argument that the Oath Keepers prepared for violence on Jan. 6.

The government alleges the group planned to store weapons in Virginia and ferry them into Washington, D.C., on Jan. 6 if the situation in the city got messy.

Grods' statement of offense says on Jan. 6, he rode in a golf cart with others through the city before parking a few blocks away from the Capitol and walking the rest of the way. He then linked up with other alleged Oath Keepers, who forged their way through the crowd, up the steps of the Capitol in a military-style "stack" formation and into the building itself.

Other members of the "stack" have been charged in the Oath Keepers conspiracy case.

Four minutes after entering the Capitol, the statement of offense says, Grods left the building as police shot pepper balls at a wall near him.

Two days after the assault on the Capitol, an unnamed individual told Grods to "make sure that all signal comms about the op has been deleted and burned," according to the statement of offense, which Grods confirmed he had done.

It is unclear how much additional information Grods will be able to provide investigators, but his plea agreement — the second in the span of a week — may prompt other defendants in the case to cut deals with prosecutors as well.

Overall, charges have now been brought against more than 500 individuals related to the riot at the Capitol.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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The Supreme Court Will Hear A Case On The Funding Of Religious Schools

Eric Singerman | NPR

After issuing its final decisions of the term Thursday, the Supreme Court on Friday granted a religious liberty case for next term and turned away challenges to longstanding decisions on qualified immunity and defamation, prompting dissents from the court's conservatives.

Court agrees to hear one religious liberty case, but rejects another

The justices agreed to consider a constitutional challenge to a school funding program in Maine that excludes private schools that teach religion.

Only half the school districts in Maine run their own high schools. The rest pay for students to attend public schools in other districts or to attend private schools. The state, however, will not fund students who attend any school that offers religious teaching.

Parents who wanted to send their children to a private Christian school challenged the law, alleging it violated their right to exercise their religion freely. The First Circuit disagreed, but now the high court will hear their case.

The justices, however, declined to hear another case about religious liberty – this one brought by a Washington state florist who refused to provide flowers for a same-sex wedding. She alleged that the state's antidiscrimination law violated her First Amendment rights, and in 2017, Washington's supreme court ruled against her.

Though the justices on Friday declined to hear her appeal, three of the court's conservatives—Samuel Alito, Clarence Thomas, and Neil Gorsuch—would have taken it for next term.

Thomas calls to do away with qualified immunity

Also on Friday, Justice Thomas once again called for the court to do away with qualified immunity, the legal shield for police officers that has come under intense scrutiny in the last year of racial justice protests.

Thomas was dissenting from the court's refusal to hear the case of a college student promoting Turning Point USA, a right-wing organization known for publishing lists of university professors it deems hostile to conservatives. The student alleged campus police at Arkansas State University violated her First Amendment rights when they stopped her from advertising the organization near the student union. But the campus officers escaped liability in the lower court because of qualified immunity, a doctrine created by the Supreme Court in 1967 that has evolved into a near-impenetrable bulwark for the police.

"Why should university officers," wrote Thomas, "receive the same protection as a police officer who makes a split-second decision to use force in a dangerous setting?" Going further, Thomas questioned whether the judicially-created doctrine should exist at all, an opinion that has garnered more and more bipartisan consensus in the wake of George Floyd's murder.

Thomas and Gorsuch call to overturn landmark Free Speech precedent

The court declined to hear a defamation case brought by a Miami-born international arms dealer—portrayed in the 2016 movie War Dogs—against the author of a book about his life.

The lower court dismissed the suit. It pointed to a landmark 1964 First Amendment decision, in which the high court said that publishers are immune from libel suits brought by public figures, so long as the publishers either didn't know, or had no reason to know, that the information they published was false.

Both Thomas and Gorsuch dissented, arguing the court should overturn the nearly 50-year-old precedent. In the era of disinformation, "lies impose real harm," wrote Thomas. "Instead of continuing to insulate those who perpetrate lies," said Thomas, the court should narrow First Amendment protections.

In a separate dissent, Gorsuch agreed. In 1964, publishers needed protection against libel for unpopular opinions to survive. Indeed, the court's 1964 decision was first used to protect civil rights leaders who had published a New York Times ad criticizing the Montgomery, Alabama police for repeatedly arresting Martin Luther King Jr.

But, said Gorsuch, in 2021, "it's less obvious what force [libel protections have] in a world in which everyone carries a soapbox in their hands," referring to smartphones. Now, Gorsuch wrote, "the deck seems stacked against those with traditional (and expensive) journalistic standards—and in favor of those who can disseminate the most sensational information as efficiently as possible without any particular concern for truth."

Another execution

On top of its decisions about cases next term, the justices gave Alabama the green light to execute Matthew Reeves, whose death sentence was recently overturned by the 11th Circuit Court of Appeals.

This is the second time the justices have ruled against Reeves, who in 1998 was convicted for murder in Alabama. In 2002, Reeves first challenged his sentence in state court. He argued that because of his low IQ, his lawyer should have hired an expert to evaluate him for an intellectual disability. After 15 years of appeals, the Supreme Court denied his claim in 2017. So Reeves appealed his claim through the federal system.

But on Friday, the high court again rejected his challenge, thus allowing Alabama to move forward with his execution. Justice Sotomayor, joined by Justice Kagan, dissented, criticizing the state court for its brusque dismissal of Reeves's claim.

Sotomayor drew attention to "a troubling trend in which this court strains to reverse summarily any grants of relief to those facing execution." The court, wrote Sotomayor, "turns deference" to state courts "into a rule that...relief is never available to those facing execution."

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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Carcinogens and Anticarcinogens in the Human Diet - A Comparison of Naturally Occurring and Synthetic Substances

Cancer-causing chemicals that occur naturally in foods are far more numerous in the human diet than synthetic carcinogens, yet both types are consumed at levels so low that they currently appear to pose little threat to human health, a committee of the National Research Council said in a report released today.




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The Evaluation of Forensic DNA Evidence

While confirming that the science behind DNA forensics is valid, a new report from a committee of the National Research Council recommends new ways of interpreting DNA evidence to help answer a key question for jurors -- how likely it is that two matching samples came from different people.




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National Campaign Needed to Fight The Hidden Epidemic of Sexually Transmitted Diseases

A bold national initiative is needed to reduce the enormous health burden of sexually transmitted diseases (STDs) in the United States, according to a new report from a committee of the Institute of Medicine.




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Statement of the Council of the NAS Regarding Global Change Petition

The Council of the National Academy of Sciences (NAS) is concerned about the confusion caused by a petition being circulated via a letter from a former president of this Academy.




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Science-Based, Unified Approach Needed To Safeguard the Nations Food Supply

Outdated food safety laws and a fragmented federal structure serve as barriers to improving protection of the nations food supply from contamination or other hazards, according to Ensuring Safe Food From Production to Consumption.




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Opening Statements by John Benson and Stanley Watson on Marijuana and Medicine - Assessing the Science Base

Good morning and welcome. There has been unprecedented interest in recent years about whether marijuana or its constituent compounds should be used as medicine. Since 1996, voters in seven states have approved the medical use of marijuana.




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Research Needed to Reduce Scientific Uncertainty About Effects of Hormonally Active Agents in the Environment

Although there is evidence of harmful health and ecological effects associated with exposure to high doses of chemicals known as hormonally active agents – or endocrine disrupters – little is understood about the harm posed by exposure to the substances at low concentrations, such as those that typically exist in the environment, says a new report from a National Research Council committee.




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New Waste Incinerators Safer But Some Emissions and Health Concerns Need Further Study

Incineration is widely used in the United States to reduce the volume of waste. Hundreds of incinerators -- including industrial kilns, boilers, and furnaces -- combust municipal and hazardous waste, while many more are used to burn medical waste.




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Fruits and Vegetables Yield Less Vitamin A Than Previously Thought - Upper Limit Set for Daily Intake of Vitamin A and Nine Other Nutrients

Darkly colored, carotene-rich fruits and vegetables -- such as carrots, sweet potatoes, and broccoli -- provide the body with half as much vitamin A as previously thought.




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Adding It Up - Helping Children Learn Mathematics

American students progress toward proficiency in mathematics requires major changes in instruction, curricula, and assessment in the nations schools, says a new report from the National Research Council of the National Academies.




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Messages of Condolence and Support From Representatives of Academies and Research Institutions in the Wake of Attacks on the World Trade Center and Pentagon

Representatives from academies and research organizations around the world sent messages of condolence and support to members, officials and staff of the U.S. National Academies in the wake of terrorist attacks on the World Trade Center and the Pentagon. The following are excerpts from some of these messages.




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Oil in the Sea - Inputs, Fates, and Effects

Nearly 85 percent of the 29 million gallons of petroleum that enter North American ocean waters each year as a result of human activities comes from land-based runoff, polluted rivers, airplanes, and small boats and jet skis, while less than 8 percent comes from tanker or pipeline spills.




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The Polygraph and Lie Detection

Good morning. On behalf of the National Academies and my colleagues on the committee, I welcome those of you in the room as well as those listening to the live audio webcast.




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Effects of Oil and Gas Development Are Accumulating On Northern Alaskas Environment and Native Cultures

The environmental effects of oil and gas exploration and production on Alaska s North Slope have been accumulating for more than three decades, says a new report from the National Academies National Research Council.




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Major Ocean Exploration Effort Would Reveal Secrets of the Deep

A new large-scale, multidisciplinary ocean exploration program would increase the pace of discovery of new species - ecosystems, energy sources, seafloor features, pharmaceutical products, and artifacts, as well as improve understanding of the role oceans play in climate change.




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Relationships, Rigor, and Relevance - The Three Rs of Engaging Students in Urban High Schools

High schools that successfully engage students in learning have many things in common.




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Some Pollinator Populations Declining - Improved Monitoring and More Biological Knowledge Needed to Better Assess Their Status

Long-term population trends for some North American pollinators -- bees, birds, bats, and other animals and insects that spread pollen so plant fertilization can occur -- are demonstrably downward, says a new report from the National Research Council.




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Data Suggest a Possible Association Between Agent Orange Exposure and Hypertension, But the Evidence Is Limited

A new report from the Institute of Medicine finds suggestive but limited evidence that exposure to Agent Orange and other herbicides used during the Vietnam War is associated with an increased chance of developing high blood pressure in some veterans.




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Opening Statement by Alice P. Gast for Review of the Scientific Approaches Used During the FBIs Investigation of the 2001 Anthrax Letters Public Briefing

Good morning. I am Dr. Alice Gast and I am here today with Dr. David Relman as the chair and vice chair of the Committee on the Review of the Scientific Approaches Used During the FBI’s Investigation of the 2001 Bacillus anthracis Mailings.




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New Report on Science Learning at Museums, Zoos, Other Informal Settings

Each year, tens of millions of Americans, young and old, choose to learn about science in informal ways -- by visiting museums and aquariums, attending after-school programs, pursuing personal hobbies, and watching TV documentaries, for example.




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Scientific Evidence Of Health Problems From Past Contamination Of Drinking Water At Camp Lejeune Is Limited And Unlikely To Be Resolved With Further Study

Evidence exists that people who lived or worked at Camp Lejeune Marine Base in North Carolina between the 1950s and 1985 were exposed to the industrial solvents tricholorethylene (TCE) or perchloroethylene (PCE) in their water supply, but strong scientific evidence is not available to determine whether health problems among those exposed are due to the contaminants, says a new report from the National Research Council.




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Eleven Questions for the Next Decade of Geographical Sciences Identified

Eleven questions that should shape the next decade of geographical sciences research were identified today in a new report by the National Research Council.




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Genetically Engineered Crops Benefit Many Farmers, but the Technology Needs Proper Management to Remain Effective

Many U.S. farmers who grow genetically engineered (GE) crops are realizing substantial economic and environmental benefits -- such as lower production costs, fewer pest problems, reduced use of pesticides, and better yields -- compared with conventional crops, says a new report from the National Research Council.




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The National Academies Press Makes All PDF Books Free to Download - More Than 4000 Titles Now Available Free to All Readers

As of today all PDF versions of books published by the National Academies Press will be downloadable to anyone free of charge. This includes a current catalog of more than 4,000 books plus future reports produced by the Press.




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Report Offers New Framework to Guide K-12 Science Education, Calls for Shift in the Way Science Is Taught in U.S.

A report released today by the National Research Council presents a new framework for K-12 science education that identifies the key scientific ideas and practices all students should learn by the end of high school.




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Current Research Not Sufficient to Assess Deterrent Effect of the Death Penalty

Research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates, says a new report from the National Research Council.




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IOM Report Identifies Key Obesity-Prevention Strategies to Scale Back Weight of the Nation

Americas progress in arresting its obesity epidemic has been too slow, and the condition continues to erode productivity and cause millions to suffer from potentially debilitating and deadly chronic illnesses.




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Statement Regarding New NAS Program on Human Health and Environmental Protection in the Gulf of Mexico

As part of the $4 billion settlement announced today between the federal government and BP concerning the 2010 Deepwater Horizon disaster, the National Academy of Sciences has been asked to establish a new $350 million, 30-year program on human health and environmental protection in the Gulf of Mexico.




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Americans Have Worse Health Than People in Other High-Income Countries - Health Disadvantage Is Pervasive Across Age and Socio-Economic Groups

On average, Americans die sooner and experience higher rates of disease and injury than people in other high-income countries, says a new report from the National Research Council and Institute of Medicine.




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President Obama Stresses Importance of Science and Technology to the Nations Future in Address at 150th Annual Meeting of the National Academy of Sciences

President Barack Obama reiterated his strong support for science and technology today in a speech to members of the National Academy of Sciences at its 150th annual meeting.




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U.S. Tax Code Has Minimal Effect on Carbon Dioxide and Other Greenhouse Gas Emissions, Report Says

Current federal tax provisions have minimal net effect on greenhouse gas emissions, according to a new report from the National Research Council.




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Rates of Physical and Sexual Child Abuse Appear to Have Declined Over the Last 20 Years - Rates of Child Neglect Show No Decline, Constitute 75 Percent of Reported Cases, Says New IOM Report

Rates of physical and sexual abuse of children have declined over the last 20 years, but for reasons not fully understood, says a new report from the Institute of Medicine. Yet, reports of psychological and emotional child abuse have risen in the same period, and data vary significantly as to whether child neglect is increasing, decreasing, or remaining constant.




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U.S. Should Significantly Reduce Rate of Incarceration - Unprecedented Rise in Prison Population ‘Not Serving the Country Well,’ Says New Report

Given the minimal impact of long prison sentences on crime prevention and the negative social consequences and burdensome financial costs of U.S. incarceration rates, which have more than quadrupled in the last four decades, the nation should revise current criminal justice policies to significantly reduce imprisonment rates, says a new report from the National Research Council.




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Linda Aiken, Whose Research Revealed the Importance of Nursing in Patient Outcomes, Receives Institute of Medicine’s 2014 Lienhard Award

The Institute of Medicine today presented the Gustav O. Lienhard Award to Linda Aiken, Claire M. Fagin Leadership Professor of Nursing at the University of Pennsylvania School of Nursing, for her rigorous research demonstrating the importance of nursing care and work environments in achieving safe, effective, patient-centered, and affordable health care.




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Young Adults Ages 18 to 26 Should Be Viewed as Separate Subpopulation - In ‘Critical Development Period,’ They Face Economic and Social Challenges While Brain Is Still Maturing, Says New Report

Young adults ages 18-26 should be viewed as a separate subpopulation in policy and research, because they are in a critical period of development when successes or failures could strongly affect the trajectories of their lives, says a new report from the Institute of Medicine and National Research Council.




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Statement by the Co-Sponsoring Presidents of the Summit on Human Gene Editing

We thank the organizers of our International Summit on Human Gene Editing for their thoughtful concluding statement and welcome their call for us to continue to lead a global discussion on issues related to human gene editing.




the

Increase in the Number of Children Who Receive Federal Disability Benefits for Speech and Language Disorders Similar to Trends in the General Population, Says New Report

The increase in the number of children from low-income families who are receiving federal disability benefits for speech and language disorders over the past decade parallels the rise in the prevalence of these disorders among all U.S. children, says a new report by the National Academies of Sciences, Engineering, and Medicine.




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Report Affirms the Goal of Elimination of Civilian Use of Highly Enriched Uranium and Calls for Step-wise Conversion of Research Reactors Still Using Weapon-grade Uranium Fuel - 50-year Federal Roadmap for Neutron-based Research Recommended

Efforts to convert civilian research reactors from weapon-grade highly enriched uranium (HEU) to low enriched uranium (LEU) fuels are taking significantly longer than anticipated, says a congressionally mandated report from the National Academies of Sciences, Engineering, and Medicine.




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Biomarker Tests for Molecularly Targeted Therapies Need Better Evidence, Oversight

Potentially useful biomarker tests for molecularly targeted therapies are not being adopted appropriately into clinical practice because of a lack of common evidentiary standards necessary for regulatory, reimbursement, and treatment decisions, says a new report by the National Academies of Sciences, Engineering, and Medicine.




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New Report Informs Social Security’s Process for Determining Whether Beneficiaries Are Capable of Managing Their Benefits

The best indicator of whether a disabled adult who receives Social Security benefits is capable of managing his or her benefits is evidence of real-world performance of meeting his or her own basic needs, rather than an office-based assessment of financial competence, says a new report from the National Academies of Sciences, Engineering, and Medicine.




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Attribution of Extreme Weather Events in the Context of Climate Change - New Report

It is now possible to estimate the influence of climate change on some types of extreme events, such as heat waves, drought, and heavy precipitation, says a new report from the National Academies of Sciences, Engineering, and Medicine.




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Longer-Term Weather and Environmental Forecasts Will Provide Enormous Benefit with More Research and Sustained Investment, New Report Says

Weather and environmental forecasts made several weeks to months in advance can someday be as widely used and essential as current predictions of tomorrow’s weather are, but first more research and sustained investment are needed, says a new report from the National Academies of Sciences, Engineering, and Medicine.




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“G-Science” Academies Issue Statements on Strengthening Disaster Resilience, Protecting the Brain, and Nurturing Future Scientists

Today the science academies of the G7 countries and seven additional academies issued three joint statements to their respective governments to inform discussions during the G7 summit to be held in May in Japan, as well as ongoing policymaking.