November, 17 2010, 12:09pm EDT
Free Press Files Amicus Brief in Supreme Court Case on Corporate Personhood
Corporations Cannot Claim 'Personal Privacy' Privileges Under the Freedom of Information Act
WASHINGTON
Yesterday, Free Press filed an amicus curiae (friend of the court)
brief in FCC v. AT&T, Inc., which will be heard by the Supreme Court
on Jan. 19, 2011.
The case asks the Court to decide whether corporations may claim
"personal privacy" rights when trying to prevent mandatory disclosure of
documents under the Freedom of Information Act. FOIA requires that the
government release agency records to anyone who requests them, unless
those documents fall under one of several exemptions.
Before the FCC and in the Court of Appeals, AT&T argued that the
Federal Communications Commission should not disclose records of an FCC
enforcement proceeding because AT&T has a personal privacy interest
in protecting its corporate reputation under FOIA Exemption 7(C). This
exemption states that law enforcement records need not be disclosed if
their release "could reasonably be expected to constitute an unwarranted
invasion of personal privacy." The Third Circuit Court of Appeals
agreed with this interpretation, and the FCC petitioned for and was
granted certiorari in the Supreme Court.
Aparna Sridhar, Free Press policy counsel, made the following statement:
"A 'corporate personal privacy' right is simply an oxymoron. In this
case, AT&T seeks to extend a deeply held individual right to the
artificial corporate form. We have always recognized our privacy rights
to be grounded in notions of fundamental human dignity and autonomy, and
we should not deploy these rights as mere tools to promote corporate
goals.
"There is a significant cost to withholding enforcement records from
public disclosure that is mandated by the law. The public has a right to
know when large corporations are violating the laws that govern their
business practices, and what the FCC is doing to enforce those laws and
protect the public. Granting AT&T a personal privacy right would
dramatically undermine much needed transparency on both of these fronts.
"The Court should take the opportunity to restore the privacy rights
embodied in FOIA as a shield for vulnerable individuals rather than a
sword for large corporations."
The docket number for the case is 09-1279. A link to the brief is here: https://www.freepress.net/resource/free-press-amicus-brief-supreme-court-...
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Small Town Sues Utility for Climate Deception
"We have to speak truth to power as we continue to fight the existential threat that is climate change," said the mayor of Carrboro, North Carolina.
Dec 04, 2024
The town of Carrboro, North Carolina filed a lawsuit Wednesday accusing the utility company Duke Energy of carrying out a "knowing deception campaign concerning the causes and dangers posed by the climate crisis."
The municipality—which is near Chapel Hill and is after compensation for damages it has suffered or will suffer as a result of the alleged deception campaign—is the first town in the United States to challenge an electric utility for public deception about the dangers of fossil fuels and seek damages for the harms those emissions have created, according to the town's mayor, Barbara Foushee.
The case was filed in North Carolina Superior Court and argues that Duke Energy has engaged in a "greenwashing" campaign to convince the public it sought to address the climate emergency.
"In reliance upon these misrepresentations, the public has continued to conduct business with Duke under the mistaken belief that the company is committed to renewable energy," according to the filing.
"We have to speak truth to power as we continue to fight the existential threat that is climate change. The climate crisis continues to burden our community and cost residents their hard-earned tax dollars," said Foushee, according to a press release.
Mayor Pro Tem Danny Nowell added that "it's time for us to hold Duke Energy accountable for decades of deception, padding executives' pockets while towns like ours worked to mitigate the harmful effects of climate change. This suit will allow the Town of Carrboro to invest new resources into building a stronger, more climate-resilient community, using the damages justly due to our residents to reimagine the ways we prepare for our climate reality."
According to the lawsuit, Carrboro will be forced to spend millions of dollars either repairing or shoring up public infrastructure as a result of more frequent and devastating storms, which scientists agree are caused by climate change.
The complaint comes not long after the release of a report, Duke Energy Knew: Documenting the Utility’s Early Knowledge and Ongoing Deception About Climate Change, from the Energy and Policy Institute, a watchdog group. According to the report, Duke Energy well understood the risks posed by burning fossil fuels as far back as the 1960s, but chose to take part in promoting disinformation about climate science. In more recent years, the utility continued to pursue fossil fuels while blocking renewable energy development, according to the report's authors. Much of this research is referenced in the lawsuit.
As one example of its "deception," the lawsuit points to Duke Energy's participation in the the Global Climate Coalition, an entity created with the intent of opposing action to curb the climate crisis.
Duke Energy was the third largest emitter of greenhouse gasses in 2021, according to a breakdown from the Political Economy Research Institute at the University of Massachusetts, Amherst, which ranked U.S. companies in terms of their CO2-equivalent greenhouse gas emissions.
More than 20 states, tribes, cities, and counties have brought similar climate deception lawsuits. Maine, for example, recently became the ninth state to sue a major oil and gas company for deceiving the public about its products' role in the climate crisis.
"We’ll soon have a climate denier-in-chief in the White House, but Carrboro is a shining light in this darkness, taking on one of the country's largest polluters and climate deceivers," Jean Su, energy justice director at the Center for Biological Diversity, said in a press release. The Center for Biological Diversity is advising on the case.
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"If you're trying to ram through nominees without Senate and public scrutiny, it's a pretty good guess that you have something to hide."
Dec 04, 2024
Dozens of civil rights and pro-democracy organizations teamed up Wednesday to express opposition to President-elect Donald Trump's push to use recess appointments to evade the Senate confirmation process for his political nominees, many of which have
glaring conflicts of interest.
The 70 groups—including People For the American Way, Public Citizen, the Constitutional Accountability Center, and the NAACP—sent a letter to U.S. senators arguing that Senate confirmation procedures provide "crucial data" that helps lawmakers and the public "evaluate nominees' fitness for the important positions to which they are nominated."
"The framers of the Constitution included the requirement of Senate 'Advice and Consent' for high-ranking officers for a reason: The requirement can protect our freedom, just as the Bill of Rights does, by providing an indispensable check on presidential power," reads the new letter. "None of that would happen with recess appointments. The American people would be kept in the dark."
Since his victory in last month's election, Trump has publicly expressed his desire to bypass the often time-consuming Senate confirmation process via recess appointments, which are allowed under the Constitution and have been used in the past by presidents of both parties. The need for Senate confirmation is already proving to be a significant obstacle for the incoming administration: Trump's first attorney general nominee, Matt Gaetz, withdrew amid seemingly insurmountable Senate opposition, and Pentagon nominee Pete Hegseth appears to be on the ropes.
"Giving in to the president-elect's demand for recess appointments under the current circumstances would dramatically depart from how important positions have always been filled at the start of an administration," the groups wrote in their letter. "The confirmation process gathers important information that helps ensure that nominees who will be dangerous or ineffective for the American people are not confirmed and given great power, and that those who are confirmed meet at least a minimum standard of acceptability."
"The American people deserve full vetting of every person selected to serve in our nation's highest offices, and Trump's nominees are no exception."
Scholars argue recess appointments were intended as a way for presidents to appoint officials to key posts under unusual circumstances, not as an exploit for presidents whose nominees run up against significant opposition.
The Senate could prevent recess appointments by refusing to officially go on recess and making use of pro forma sessions, but incoming Senate Majority Leader John Thune (R-S.D.) has said that "we have to have all the options on the table" to push through Trump's nominees.
"We are not going to allow the Democrats to thwart the will of the American people in giving President Trump the people that he wants in those positions to implement his agenda," Thune said last month.
Trump has also previously threatened to invoke a never-before-used provision of the Constitution that he claims would allow him to force both chambers of Congress to adjourn, paving the way for recess appointments.
Conservative scholar Edward Whelan, a distinguished senior fellow of the Ethics and Public Policy Center, denounced that proposed route as a "cockamamie scheme" that would mean "eviscerating the Senate's advice-and-consent role."
Svante Myrick, president of People For the American Way, said in a statement Wednesday that "if you're trying to ram through nominees without Senate and public scrutiny, it's a pretty good guess that you have something to hide."
"The American people deserve full vetting of every person selected to serve in our nation's highest offices," said Myrick, "and Trump's nominees are no exception."
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Humanitarian Groups Dread 2025 Aid Shortfall as Trump Term Looms
"At a time when the richest people on Earth can go to space as a tourist," said one advocate, "it is incomprehensible that we as an international community are unable to find the necessary funding to provide displaced families with shelter."
Dec 04, 2024
As the United Nations humanitarian agency and its partner organizations launched the annual Global Humanitarian overview on Wednesday to appeal for aid ahead of 2025, officials shared sobering numbers: 305 million people in dire need of assistance, 190 million people the agencies believe they can help next year if funding demands are met, and $47 billion that's needed to help the people facing the greatest threats.
Tom Fletcher, under-secretary-general at the U.N. Office for the Coordination of Humanitarian Affairs (OCHA), said governments, particularly those in wealthy countries like the United States, face "a choice" as the world bears witness to starvation, increasingly frequent climate disasters, and other suffering in Gaza, Sudan, Yemen, and elsewhere.
"We can respond to these numbers with generosity, with compassion, with genuine solidarity for those in the most dire need on the planet—or we can carry on," said Fletcher at a news briefing. "We can choose to leave them alone to face these crises. We can choose to let them down."
Fletcher and other humanitarian leaders noted that as of last month, just 43% of the $50 billion funding appeal made for 2024 had been met.
Food assistance in Syria has been cut by 80% as a result of the large funding gap, while protection services in Myanmar and water and sanitation aid in Yemen have also been reduced.
Fletcher said that with another major funding shortfall expected in 2025, OCHA and its partners are expecting to be forced to make "ruthless" decisions to direct aid to those most in need—likely leaving out 115 million people.
Fears that funding needs will be far from met in 2025 are arising partially from the election last month of U.S. President-elect Donald Trump, who pursued significant cuts during his first term to agencies including the U.N. Population Fund, UNAIDS, the World Health Organization, and the U.N. Relief and Works Agency for Palestine Refugees in the Near East.
"America is very much on our minds at the moment, we're facing the election of a number of governments who will be more questioning of what the United Nations does and less ideologically supportive of this humanitarian effort that we've laid out in this report," said Fletcher. "But it's our job to frame the arguments in the right way to land and not to give up. And so I'll head to Washington. I'll spend a lot of time in Washington, I imagine, over the next few months, engaging with the new administration, making the case to them, just as I'll spend a lot of time in other capitals where people might be skeptical about the work that we are doing."
Norwegian Refugee Council (NRC) Secretary-General Jan Egeland, who led OCHA for three years, toldAl Jazeera that U.S. funding under the Trump administration is "a tremendous question mark."
"Should the U.S. administration cut its humanitarian funding, it could be more complex to fill the gap of growing needs," said Egeland.
The U.S. is the largest humanitarian donor in the world, contributing $10 billion last year—but its donations pale in comparison to its military spending, which was budgeted at more than $841 billion in 2024, and the earnings of its top corporations.
As NRC noted, Facebook parent company Meta earned $47.4 billion—about the same amount humanitarian agencies are requesting this year—before income taxes in 2023.
Without naming billionaire SpaceX CEO Elon Musk—a Trump ally and megadonor who's expected to have a role in his new administration—Camilla Waszink, director of partnership and policy at NRC, called out the widening gap between the world's richest people and those in desperate need of humanitarian assistance.
"At a time when the richest people on Earth can go to space as a tourist and trillions of U.S. dollars are used annually on global military expenditure, it is incomprehensible that we as an international community are unable to find the necessary funding to provide displaced families with shelter and prevent children from dying of hunger," said Waszink. "There is an urgent need for a revamp of global solidarity. Existing donor countries must ensure assistance keeps pace with needs and inflation, and emerging economies should compete to become among the most generous donors in the same way they compete to host expensive international sports events."
"It is devastating to know that millions of people in need will not receive necessary assistance next year because of the growing lack of funding for the humanitarian response. With a record number of conflicts ongoing, donors are cutting aid budgets that displaced and conflict-affected people rely on to survive," she added. "Conflicts and a blatant disregard for protection of civilians are driving massive humanitarian needs. It is essential that donors provide funding, but they must also invest in ending conflicts, bringing violations to a halt and preventing new needs from developing."
Fletcher noted that in addition to conflicts like Israel's U.S.-backed assault on Gaza, Russia's invasion of Ukraine, and the civil war in Sudan, the climate crisis is a major driver of growing humanitarian needs.
"2024 will be the hottest year on record," said Fletcher. "Presumably 2025 will then be the hottest year on record. Floods, droughts, heatwaves, wildfires affecting millions. We're on the brink of surpassing the 1.5°C in warming, and that will hit hardest in the countries that have actually contributed least to climate change. It wipes out food systems. It wipes out livelihoods, it forces communities to move from their homes and land. Drought has caused 65% of agricultural economic damage over the last 15 years, worsening food insecurity."
In conflict zones and in regions affected by the climate emergency, said Fletcher, "it's our mission to do more."
"My people are desperate to get out there and deliver because they really are on the frontline," he said. "They can see what is needed, but we need these resources. That's our call to action. And we also need the world to do more. Those with power to do more—to challenge this era of impunity and to challenge this era of indifference."
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