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Saturday, March 22, 2025

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Pentagon set up briefing for Musk on potential war with China; With Department of Education gutted, what happens to student loans? MS urged to reform mental health system to reduce jail overcrowding; Potential NOAA cuts could put WI weather warnings on ice.

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Trump faces legal battles over education cuts, immigration actions, and moves by DOGE. Farmers struggle with USDA freezing funds. A Georgetown scholar fights deportation, and Virginia debates voter roll purges ahead of elections.

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Cuts to Medicaid and frozen funding for broadband are both likely to have a negative impact on rural healthcare, which is already struggling. Plus, lawsuits over the mass firing of federal workers have huge implications for public lands.

Jury finds Greenpeace liable in Dakota Access Pipeline case

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Thursday, March 20, 2025   

Greenpeace has been ordered to pay several hundred million dollars stemming from the Dakota Access Pipeline protests and some are saying the verdict leaves a chilling effect on free-speech matters.

Nearly a decade ago, protests in North Dakota captured worldwide attention as the oil pipeline project advanced, with Indigenous rights serving as a focal point. The events still reverberate today, including a civil trial where an affiliated energy company sued Greenpeace, accusing it of defamation and orchestrating illegal acts within the protests. The global nonprofit argued it had a limited presence.

James Wheaton, founder and senior counsel for the First Amendment Project, a public interest law firm, worries about the verdict's precedent.

"The problem is going to be that anybody who helps to organize a peaceful, lawful protest could face ruinous litigation," Wheaton pointed out.

He suggested activists might worry about being dragged into court versus expressing their First Amendment rights. Greenpeace said it will appeal and has warned a large civil penalty could force it to cease operating in the U.S.

The company behind the case, Energy Transfer, said the outcome is a win for Americans who "understand the difference between the right to free speech and breaking the law."

A broader aspect of the case is what's known as a SLAPP lawsuit, with experts noting these are sometimes brought by corporations against people or nonprofits speaking out on various issues. Even if the plaintiff does not win, the defendant is saddled with mounting legal costs.

Wheaton helped start the movement to usher in anti-SLAPP laws around the country. He explained how they work.

"The court can freeze the case in its tracks at the very beginning and test whether it has enough merit to be allowed to go forward or should be dismissed immediately," Wheaton outlined.

Dozens of states have such laws on the books, but North Dakota is not among them. Critics of anti-SLAPP laws said they make it too easy for a court to quickly dismiss a case. But Wheaton feels they do not prevent plaintiffs from having their day in court, and he would like to see more states adopt them.


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