Free speech does not require one to provide someone else a soapbox

The First Amendment prohibits the federal government abridging one’s free speech, but it does not, as a federal judge has ruled, require anyone to provide the soapbox for that speech.

U.S. District Judge Naomi Reice Buchwald of New York ruled today President Donald Trump may not block Twitter users who criticize him because that violates their right to free speech.

“While we must recognize, and are sensitive to, the president’s personal First Amendment rights, he cannot exercise those rights in a way that infringes the corresponding First Amendment rights of those who have criticized him,” the judge said.

Any Twitter user can block people from accessing their online posts. The president should be treated no different. He certainly may not block people from commenting on their own social media apps, but he is hardly obligated to accommodate anyone who wants to glom onto his Twitter account.

Just because he is president does not change things.

As Ronald Reagan once said: “I am paying for this microphone, Mr. Green!”

Trump addresses the media at the White House today. (Getty pix)

 

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Editorial: BLM publishes new plans to protect sage grouse

A greater sage grouse male struts for a female. (Pix by Jeannie Stafford for U.S. Fish and Wildlife Service)

The Bureau of Land Management under the Trump administration has followed through on its promise to give states greater flexibility on protecting greater sage grouse. On Friday a 204-page draft management plan for Nevada and northeastern California was published in the Federal Register.

The plan specifically states that its purpose is to enhance cooperation with the states by modifying sage grouse management to better align with the plans created by Nevada and California, covering more than 45 million acres under the jurisdiction of the BLM.

Though it was determined that sage grouse did not qualify for protection under the Endangered Species Act, in 2015 the Obama administration violated the law and ignored scientific evidence when it concocted a 341-page pronouncement that 10 million acres of public land in 16 Western states — nearly a third of that in Nevada — would be taken out of consideration for future mining claims, as well as oil and gas drilling near breeding grounds and that there would be additional reviews on grazing permits. The plan envisioned restrictions on grazing, resource development, solar and wind energy, and public access to public land in Nevada.

According to a press release put out by the BLM announcing the new plans, Nevada Gov. Brian Sandoval welcomed the more cooperative stance by the agency. “I look forward to reviewing the draft Environmental Impact Statement and I trust that the Department of the Interior will continue to engage with and value the opinions of the impacted western governors,” Sandoval was quoted as saying. “I am confident we can find success by working together.”

Nevada’s senior U.S. Sen. Dean Heller was quoted as saying, “The Department of the Interior’s proposed changes represent an important step toward returning power back to our local communities, and lifting the Obama Administration’s heavy-handed regulations that have put major restrictions on millions of acres of land in Nevada and stifled economic opportunities.”

Congressman Mark Amodei, who represents northern Nevada, commented, “I would like to thank the secretary for doing a much-needed revisit of the previous administration’s policies regarding sage hen habitat. I look forward to hearing back from our stakeholders in Nevada regarding the proposed changes and plan to familiarize myself with this draft and provide further input.”

The publication of the draft plan opens a public comment period. The BLM will accept comments through Aug. 2. Comments may be submitted by mail:  BLM – Greater Sage-Grouse EIS, Nevada State Office, 1340 Financial Blvd., Reno, NV 89502; or online at https://goo.gl/uz89cT.

The Nevada-California plan is posted online at: https://eplanning.blm.gov/epl-front-office/projects/lup/103343/143703/176904/NVCA_GRSG_DEIS_201805_508.pdf

The BLM also will conduct public meetings during the public comment period, which will be announced later.

The agency expects to publish a final Environmental Impact Statement and plan amendments by October.

Nevada’s BLM Associate State Director Marci Todd stated, “Two important developments have occurred since the 2015 plans were adopted. First, we’ve had two to three years to invest time and effort into improving sage grouse habitat. Second, we have received a great deal of feedback from our state partners about how the plans are working on the ground and needed changes.”

We welcome the fact that someone in the federal land bureaucracy is finally listening and recognizing the fact that people need to earn a livelihood in rural Nevada and can do so without endangering the sage grouse population.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

 

 

Stances on Iran deal give Nevada voters a clear choice

President Trump’s decision to cancel Obama’s unilateral nuclear deal with Iran just became Nevada’s latest campaign issue in the race for the Senate.

Republican Sen. Dean Heller and his Democratic opponent, Rep. Jacky Rosen, came down on opposite sides of the matter, though Rosen did seem to hedge her argument as to the strength of Obama’s deal in the first place.

“The Iran deal was never good for America or our friends in the Middle East. This agreement has done nothing to stop Iran from acquiring a nuclear weapon or promote peace – in fact, it has done just the opposite,” Heller said in a prepared statement. “Iran has been emboldened since President Barack Obama signed the Joint Comprehensive Plan of Action three years ago. In the face of this agreement, Iran has conducted ballistic missile tests, harassed U.S. naval ships in the Middle East, and helped prop up the murderous Assad regime in Syria. Members of Iran’s parliament have shouted ‘death to America’ and its Supreme Leader Ayatollah Ali Khamenei has said ‘Israel will not exist in 25 years.’”

Rosen put a statement saying, “As a Member of the House Armed Services Committee, I’ve heard from military and intelligence experts about the dangers of withdrawing from the JCPOA without evidence of a material breach. After the JCPOA was agreed to, it should have been robustly enforced — not used as a political football. We need to hold Iran accountable in every way we can, and we cannot allow Iran to restart its nuclear program. Unfortunately, backing out of this agreement means undermining our international alliances, jeopardizing our national security, and re-opening Iran’s path to developing a nuclear weapon.”

Reopening Iran’s path to developing a nuclear weapon? Like they ever stopped?

As The Wall Street Journal points out in an editorial today, the Iranian documents recently released by Israel show that Iran repeatedly lied to U.N. weapons inspectors about its nuclear activity.

Also, this was not America’s deal. It was Obama’s deal. “He refused to submit it for Senate approval as a treaty, which would have had the force of law,” the editorial notes. “Mr. Trump is walking away from Mr. Obama’s personal commitment to Iran, not an American commitment.”

Iran is currently in economic turmoil. Now may be the time to pressure the Ayatollahs to agree to real deal that would defang their nuclear program for good and end their funding of terrorism worldwide.

Heller went on to say, “Clearly, Iran is not a trusted partner in America’s foreign policy goals. The agreement, which handed Tehran billions of dollars to help bolster its military and spread terror around the world, represented a volcano waiting to erupt. Make no mistake, Iran has been preparing for when the agreement was set to expire in 2025, and that’s why leaving this agreement and pursuing additional sanctions is the right choice.”

 

Newspaper column: Two different approaches to Internet access

When boiled down to its essence, the key difference between the two major political parties is this: Democrats believe government is the solution. Republicans believe government is the problem.
This difference is on display with bills being pushed by two Nevada senatorial candidates — incumbent Republican Dean Heller and challenger Jacky Rosen, currently a freshman congresswoman.
Rosen recently introduced legislation that would reinstate the Obama administration’s 2015 net neutrality rule, which gave the Federal Communications Commission sweeping powers to micromanage the internet. The FCC recently voted 3-2 to remove that rule, saying itwas stifling internet innovation.
“This administration’s reckless decision to repeal net neutrality gives internet service providers the ability to stack the deck against Nevada’s hardworking families and small businesses who could be forced to pay more to connect to an internet with slower speeds,” Rosen said in a press release following the introduction of her bill. “This resolution would reverse the FCC’s misguided ruling, which places large corporate profits ahead of people, and restore access to a free and open internet for Nevadans.”

Fiber optic cables. (AP pix)

Actually, according to The Wall Street Journal, the rule created uncertainty about what the FCC would allow and thus throttled investment in new technology, because it prohibited “paid prioritization,” under which bandwidth hogs, such as video streaming companies, could have opted out of heavy traffic and switched to a toll road, just as occurs on congested highways. The newspaper said both content providers and consumers would benefit from increased investment in faster wireless and fiber technology in the free market.
The Journal noted that the new FCC rules “would require that broadband providers disclose discriminatory practices. Thus cable companies would have to be transparent if they throttle content when users reach a data cap or if they speed up live sports programming. Consumers can choose broadband providers and plans accordingly.” Additionally, the Federal Trade Commission would still have authority to police predatory and monopolistic practices as it had prior to the net neutrality power grab.
In an opinion article penned for the online news service The Nevada Independent, Rosen made the specious argument, “Nevada families should not be forced to pay more for slower Internet because big telecommunications corporations want to increase their profits,” showing the customary Democratic disdain for profits. She also claimed, “Without net neutrality, rural communities, who are often limited to only one Internet service provider, could find themselves at the mercy of a single provider,” ignoring the fact that curbing profits ensures the continuation of such monopolies.
As for rural communities, Heller has offered a bill that would help cut through the thicket of government bureaucracy to actually speed up private internet investment, innovation and construction. Noting 85 percent of the land in Nevada is controlled by various federal land agencies, Heller’s bill would create a 270-day clock for the Interior Department and the Forest Service to approve or deny applications for easements or rights-of-way across federal land for broadband infrastructure projects. If the federal agencies miss the deadline, the application is deemed approved. If the application is denied, the agency must explain the reason for denial.
The bill further requires the federal agencies to establish regulations within one year that reflect a streamlined, consistent, and standardized process for application review.
“Access to high-speed broadband is a pillar of economic growth in the U.S., yet Nevada’s rural communities continue to lag behind because bureaucratic red tape prevents expansion of broadband infrastructure,” Heller said in a press release. “Given that nearly 85 percent of Nevada is owned by the federal government, many applications to deploy broadband on federal lands remain stalled in a lengthy interagency approval process. From Ely to Pahrump, I continue to hear that this bureaucratic hurdle is stifling innovation and job creation in our rural communities.”
Asked via email for comment on this topic, Heller’s Republican primary challenger Danny Tarkanian replied, “Overall, I believe in the most freedom-centered version of the internet possible. Technology, on the whole and more specifically the internet, are a boon to democracy and have done more to lend a voice to the people than just about any modern invention. Keeping the internet as an instrument of free-communication as well as of commerce are essential to the cause of liberty.”
Tarkanian added that he opposes any regulation that allows carriers to restrict access or create false tiers with which to charge customers increased rates for service.
A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Nevada delegation reveals its priorities and political posturing

Trump signs spending bill

All of Nevada’s Democratic delegates to Congress voted to continue the federal government “shutdown” rather than trust the Republicans to bring to a vote the issue of amnesty for illegal immigrants.

The House voted 266-150 for a stopgap spending measure to fund the government until Feb. 8. The Senate voted 81-18 on the measure.

“It’s about time that Democrats came to their senses and made the decision to end their political games that led to the Schumer Shutdown. Their filibuster of legislation that would open the government, pay our troops, and fund the Children’s Health Insurance Program (CHIP) was reckless and an example of Washington dysfunction at its worst. Because of their political posturing, Democrats sacrificed our national security, paying our troops, and care for this country’s most vulnerable children. It was particularly disappointing that for days, Senate Democrats blocked a vote on a piece of legislation that not only would have avoided a government shutdown and pay our troops, but contained many priorities – like CHIP and delaying the Cadillac tax – that they actually support. In fact, the legislation passed today is the same bill that was initially proposed last week with the exception of moving up the next deadline by eight days,” said Sen. Dean Heller.

His Democratic opponent this year, Rep. Jacky Rosen, showed where her priorities lie by stating, “I remain deeply disappointed by the systematic failure to address the critical issues facing this Congress, and I believe the only path forward to stop this dysfunction is a meaningful commitment to bipartisan problem-solving. Congress needs to work across the aisle to protect Nevada’s Dreamers and TPS workers, fund our community health centers, and pass a long-term budget that provides certainty for our government, our military, and our economy. … I will keep working across the aisle and fighting for a permanent solution in Congress that fixes President Trump’s cruel decision to end the DACA program and safeguards these young people.”

Sen. Catherine Cortez Masto had a similar take on what is more important to her, “President Trump created a manufactured crisis when he ended Deferred Action for Childhood Arrivals (DACA). Now, thousands are losing their jobs, their status, and their livelihoods. President Trump and Senator McConnell, when faced with the decision to bring up a long-term, bipartisan budget to address issues like providing health care for low income kids, funding our military, putting Dreamers on a pathway to citizenship and addressing the growing opioid epidemic, chose to hold Americans hostage and shutdown the government. … Dreamers cannot wait.”

Lame duck Rep. Ruben Kihuen, himself once an illegal immigrant, had this to say, “While I am pleased that today will end four months of Congressional Republicans’ holding nearly 9 million CHIP recipients hostage, I cannot support the legislation that passed the Senate earlier this afternoon. Unfortunately, this deal hinges upon the word of a Senator with a long history of breaking his promises and going back on his word. I cannot support a continuing resolution that fails to provide a permanent solution for DREAMers, fails to reauthorize funding for community health centers that serve nearly 90,000 Nevadans and 26 million people across the country, and fails to provide disaster relief to Puerto Rico, the U.S. Virgin Islands, Texas, California, and Florida.”

 

Priorities, priorities. Who represents who?

 

Newspaper column: Tax reform bill divides Nevada delegation along party lines

Like everything else to come out of Washington, the House tax reform bill introduced this past week has turned into a partisan hissing match in a fact-free zone.

Republicans hail it as an economy stimulating second coming, while Democrats decry it as a sop to the wealthy and a death knell for the middle class.

The bill lowers the corporate tax rate from 35 percent to 20 percent, doubles the standard deduction, lowers the individual tax rates for all but millionaires, allows 100 percent expensing of business costs instead of the current 50 percent, eliminates deductions for state and local taxes, except for property taxes, and allows mortgage interest deduction.

Republican Dean Heller said the bill will provide tax relief for middle class families, while Democrat Catherine Cortez Masto said the bill rewards corporations and the rich at the expense of working families, seniors and the poor.

“As a member of the U.S. Senate’s tax-writing committee, I’m waking up each and every day with the sole focus of ensuring that Nevada’s hardworking families and small business owners come out ahead when the Senate passes its final product,” Heller said in a statement, adding, “I’m going to continue fighting for a major tax overhaul that will help my state and push for policies that will create jobs, boost growth, and make it easier for Nevadans to provide a better life for their kids.”

A Cortez Masto press release fulminated, “Republicans in Congress have one priority: ripping off America’s middle class and working families. Rather than transparently writing a bill that puts economic growth and American’s financial security first, the current Republican tax proposal targets Nevada families. The latest Republican proposals would put our country even further in debt, take money out of working families pocketbooks …”

Cortez Masto also claimed, “The average tax increase on families nationwide earning up to $86,100 would be $794.”

But the Washington Post fact checked that claim and found it was based on a report by Democrats on the Joint Economic Committee who actually said, “If enacted, the Republican tax reform proposal would saddle 8 million households that earn up to $86,100 with an average tax increase of $794 …”

But you see, there are 122 million households making less than $86,100. Thus only 6.5 percent of those households would see a tax hike of that amount. The Post reported that more than 97 million, or 80 percent, of that group would get a tax cut averaging about $450.

Republicans say the bill would result in a tax savings of $1,182 for a typical household of four with gross income of $59,000, resulting in their tax bill being only $400.

Las Vegas Democratic Rep. Dina Titus joined the partisan fray by calling the bill “a red herring tax plan that relies on the myth of trickle-down economics in order to give the nation’s top earners a handout.”

Titus said she could not see how working families could save money if the bill removes certain deductions, including the one for state and local sales taxes — ignoring the fact 70 percent of Americans take the standard deduction and do not itemize, nor the fact Nevadans who do itemize can deduct only about 10 percent as much as taxpayers in high-tax states such as California and New York and thus are subsidizing those states.

Democratic Rep. Ruben Kihuen, who represents southern rural Nevada and northern Clark County, used the occasion to solicit contributions while slamming the bill by saying, “We expected Paul Ryan and the Republicans would bend over backwards to make big corporations and the super rich the winners in this plan, and that’s exactly what they did. Meanwhile, it’s all at your expense.”

Republican Congressman Mark Amodei, who represents northern Nevada, took a more nuanced approach, promising in an email to constituents to thoroughly research the 429-page bill, while also saying, “I think we can all agree the American taxpayer would be better off if Congress were to reform our current tax code in favor of a system that is simpler, fairer, and has lower tax rates.”

The bill also eliminates the $7,500 tax credit for purchasing electric cars, such as Teslas, whose batteries are built in Sparks, and drops the tax exemption for municipal bonds to finance sports stadiums, such as the one planned for Las Vegas for the Raiders.

Next, Congress needs to address the runaway federal spending.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

(AP pix)

Newspaper column: Bill would limit power to create national monuments

Gold Butte National Monument (BLM pix)

The House Committee on Natural Resources this past week approved a bill sponsored by Utah Republican Rep. Rob Bishop to rein in the powers granted by the Antiquities Act of 1906 that allow a president to unilaterally create huge national monuments.

The bill advanced on a party line vote of 27-13, with Democrats in opposition.

The bill, H.R. 3990, the National Monument Creation and Protection Act, amends the Antiquities Act to limit the size of future monuments and specifically grants the sitting president the power to reduce the size of existing monuments — a power Democrats have argued President Trump does not have under current law.

During his administration President Obama created 26 national monuments totaling more than 500 million acres — including the 700,000-acre Basin and Range National Monument on the border of Lincoln and Nye counties and the 300,000-acre Gold Butte National Monument in Clark County.

President Trump ordered Interior Secretary Ryan Zinke to review recent monument designations and Zinke sent a memo to the president recommending the reduction in size of six of those, including Gold Butte. The president has not yet acted on those recommendations.

Bishop’s bill would allow the president to unilaterally reduce the size of any monument by 85,000 acres — and by more with the consent of affected counties and states.

The bill would allow a president in the future to create a new monument unilaterally, but only up to 640 acres. Anything larger than that, up to 10,000 acres, would require an environmental review. Anything between 10,000 and 85,000 acres, the apparent size cap on new monuments, would require approval of counties and state officials, as well as the governor.

“Congress never intended to give one individual the power to unilaterally dictate the manner in which all Americans may enjoy enormous swaths of our nation’s public lands,” Bishop was quoted as saying. “Designations are no longer made for scientific reasons or archaeological value but for political purposes. Unfortunately, overreach in recent administrations has brought us to this point and it is Congress’ duty to clarify the law and end the abuse.”

Like the Natural Resources Committee, Nevada’s congressional delegation is divided along party lines when it comes to national monuments. The four Democrats have all objected bitterly and volubly to reducing the size of Nevada’s monuments.

But its two Republican delegates in January introduced legislation that would prevent future designations of monuments in Nevada without the consent of Congress — the Nevada Land Sovereignty Act of 2017 (H.R. 243, S. 22).

The legislation introduced by Sen. Dean Heller and Rep. Mark Amodei is terse and to the point. It basically piggybacks onto current law that reads: “No extension or establishment of national monuments in Wyoming may be undertaken except by express authorization of Congress.” Their bill would amend this by simply adding the phrase “or Nevada” after the word Wyoming.

In response to Bishop’s bill passing the committee, a Heller press aide sent out a comment, “Unilateral federal land grabs in a state like Nevada where the federal government already owns 85 percent of our land should not be permitted. Public input and local support remain critical to the decision-making process of federal land designations, and that is why I’ve introduced legislation that prevents last year’s land grab under the Obama administration from occurring without input from Congress and local officials. I’ll continue working with my colleagues to see that it is signed into law.”

Congressman Amodei said in January before Trump’s inauguration, “I continue to be amazed by the fact that some people hug unilateral, non-transparent monument designations, while at the same time, protesting vehemently over the introduction and public discussion of congressional lands bills proposals. In contrast to the last eight years of this administration’s one-sided approach on major land management decisions in Nevada, our bill simply ensures local stakeholders have a seat at the table going forward.”

Bishop’s proposal also declares that existing water and land rights are to preserved despite a monument designation.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.