We are all ready to be savage in some cause. The difference between a good man and a bad one is the choice of the cause. —William James
With less than two weeks until the general election, there is sufficient reason to be concerned about the future. Are we ready?
11 days until the election. Only 11 days. If this were any other year, we’d be able to look at that date and know that all the nonsense and lies and insanity would quieten down at that point. We don’t know that this year, though. In fact, all indications are that the insanity might actually get worse. I normally wouldn’t take such an alarmist tone except for the fact that, unlike previous years, that’s the tact Homeland Security and law enforcement agencies are taking. Those tend to be fairly level-headed, err-on-the-side-of-caution organizations. Homeland Security is especially good at understating threat levels. So, when they express a heightened level of concern, all my bells and whistles start sounding. Here’s what I’ve seen so far this week:
- Speaking on condition of anonymity, a senior federal law enforcement official told NBC News that “local, state and federal authorities and even multi-agency Fusion Centers are on the lookout for signs of trouble.”
- The Washington Post reports: ” the Oath Keepers, a national group of former military and law enforcement officers, has urged its members to “blend in” with voters and do “incognito intelligence gathering and crime spotting” at polling places across the country on Nov. 8.”
- Huffington Post not only reported that intimidation group Vote Protectors, “plans to send volunteers to monitor polling places in nine cities with high minority populations on Election Day,” but also demonstrated how extremely easy it is to create the badges the group plans to use.
And there’s still more.
Is The Threat Real?
I would really like to think that the threat is just a bunch of stupid (VERY stupid) old white men running off at the mouth. Certainly, that’s what we thought of the claims of violence and civil war that preceded the two previous presidential elections. We recognized the racists for the minority they are and ignored them. Both times, they went away, thoroughly beaten. Even the FBI investigated few of the claims.
This year, however, is different. Homeland Security, the FBI, and local police forces are on “heightened” alert. Now, why do you suppose they would do that if they didn’t feel that threats being made were at least partially credible? Looking not only at incidents of violence and intimidation at political rallies, Homeland Security monitors other forms of “chatter” and activities that might indicate a higher level of danger. They don’t like raising threat levels just for fun.
In addition to domestic concerns, the State Department has issued alerts for several embassies around the world specifically for Election Day. Some are closed for 48 hours either side of November 8 while others are closed only for the day itself. Still others are saying their embassy borders will be closed and barricaded on November 8 and will not reopen until safety can be confirmed. The Department of Defense is paying special attention to chatter between terror cells with known US connections and Homeland Security has stated concern that Daesh-connected cells in the US could be planning events to disrupt the election itself.
Oh, and then, there’s still that matter of the Russians hacking the DNC email servers. If they can get into secure servers, who knows that they might try to pull on Election Day? So yeah, I would consider that, at least, a portion of the threat is valid.
How Should We Respond?
We have to trust that law enforcement officials are well-prepared to deal with any significant threat. However, a lot of what concerns the average voter is smaller-scale intimidation and interference. After all, Indianapolis has always taken a rather peaceful approach to solving its problems. We tend to not be a high-profile target. Also, Roger Stone, head of Vote Protectors, has since ordered the badge creator and other disruptive instructions removed from the organization’s website. Again, a lot of angry old white men spewing hot air.
Still, neither Homeland Security nor the FBI is backing down. So, what are our options if we are to be reasonably prepared for whatever might happen not only on November 8 but the days following? We have some ideas:
- Vote. There is absolutely no excuse for not voting. If you can vote early, vote early. If you need to take someone with you for protection, then do so. If you are eligible to vote, this election needs your presence.
- If you feel even slightly intimidated by anyone you see at or near a polling place, say something. Contact the Voting Section of the Civil Rights Division of the Department of Justice, at 800/253-3931 or email at voting.section@usdoj.gov. Do NOT call local police as they have no direct jurisdiction over polling places.
- Stay away from polling places other than to vote or pick up YOUR children from a school. Once you’ve voted, leave. There’s no reason to hang around and create a crowd.
- Take basic precautions against the threat of local violence. Make sure your car has gas and you have enough food to last a couple of days should you need to stay home.
- Don’t join any demonstrations. Demonstrations turn into riots and then people get hurt. Stay home. Watch Netflix. Eat popcorn. There’s no reason to fuel a fire.
- Consider hosting an election night orgy. I actually saw this recommended on the Late Show With Stephen Colbert last night. Naked people are less likely to become violent and dangerous.
- Just go ahead and move to Canda. Beat the rush.
There are probably a few other things you could do, such as hoard left-over Halloween candy to help keep up your energy. The biggest consideration, I think, is to stay clear of fools and avoid any large groups that might be considered a target. If everyone would do that then we wouldn’t have a problem, would we?
I understand being passionate about the election. I understand being passionate about a candidate. There is no way I will ever understand people threatening violence in a way that has the potential to destroy our democracy. There’s now way to tell which direction things might swing. We just have to be ready for whatever happens.
Don’t Put Legal Gripes On Facebook
The Short Story
Even the president of the United States has to play by certain rules when using social media. What we put on Facebook and Twitter can be used against us and, in some cases, prevent us from seeking legitimate legal action. While it’s natural to be angry when one has been legally wrong, Facebook is the last place one should go to vent if one wants to maintain a legal case against the person who did you wrong.
Legal Disclaimer:
I am not an attorney and nothing that follows is intended to be viewed as legal advice. If you feel you have been wronged or are a victim of fraud, you should consult your District Attorney or your personal lawyer.
The Background Info
Even though Facebook and other social media tools are over ten years old now, we’re still trying to figure out how to conduct ourselves without getting into trouble. There are things you can say, things you can’t say, things you can’t share, and pictures you can’t post. Keeping up with what you can and cannot do is rather difficult and at times runs quite contrary to what we want to do.
You’re not alone, though. Even the 45th president of the United States seems to be having difficulty figuring it all out. Last week, two Congressmen from the House Oversight Committee sent a letter to the White House counsel warning that the president could be violating the Presidential Records Act if he deletes a post from Twitter. The President frequently deletes tweets, especially when they have spelling errors. However, the Presidential Records Act requires that everything the president says or writes while in office must be preserved. This law was passed in 1978 largely as a result of the Nixon Watergate affair. Not many people knew about the predecessor to the Internet back then. This situation couldn’t have been foreseen and there’s no allowance for it.
There have been some other interesting ways in which a post on social media has come back to bite someone. For example, back in 2013, a Hawaii man was arrested after posting a video on Facebook that appeared to show him drinking a bottle of beer and then driving. While no one stopped him at the time, he was caught by surprise when police showed up at his door after he posted the video and arrested him for driving while drinking an alcoholic beverage and driving without a license. He shouldn’t have been surprised. Posts on social media have caught robbers, thieves and resulted in more than one arrest for rape on college campuses.
Rarely do we stop to think that the frustrated rant we make online can actually be used against us. Worse, we don’t realize how our words on Facebook can affect legal action in which we might be involved. When a federal Judge in Washington stayed the president’s initial travel ban he said statements by the president on social media factored into his decision against the White House.
Oops isn’t quite a big enough word to cover serious gaffes being made.
Where This Hits Home
Over the weekend, a 2016 story was re-circulated regarding a class action lawsuit against New York modeling agencies. The charges were that the agencies named “have systematically taken advantage of the models they claim to represent by unlawfully diverting millions of dollars in value from the models to themselves.” This suit is a re-submission of a suit first filed in 2012 that floundered because the plaintiffs didn’t pay sufficient attention to details and have their evidence prepared when it was needed. The second suit appears to be suffering from similar issues.
This isn’t the first time allegations have been made against modeling agencies. All kinds of serious allegations. in 2015, UK agencies Storm Model Management, Premier Model Management and Models 1 were charged with price fixing. Then, just this past September, IMG, Next and Elite were fined in Paris for the exact same thing.
Matters with models are serious business. Just the past season, fashion house Balenciaga came under severe criticism and eventually fired its casting directors amidst charges of racism and cruelty.
Against this background, Facebook pages began overflowing this weekend against yet another Midwestern modeling agency. The charges are familiar: Models not being paid on time, or at all. Underage models being exposed to inappropriately sexual situations. Models being sent to live in “flop houses” rather than hotels while on assignment. Models exposed to drug use and paraphernalia. Money charged to clients for models’ appearance diverted back into the agency rather than paying the models. Pretty serious stuff, and much of it legally challengeable.
However, any chance at legal action actually taking place and having the desired effect began to crumble by Sunday evening as the excess of related claims, from one aspiring model after another, piled onto Facebook, causing the situation to mount with claims of wrong-doing while failing to produce any actual evidence. This is a problem.
What we fail to realize is that when one posts information, especially accusations, on social media such as Facebook, it carries the exact same legal status as if it had been published by the local newspaper. Charges of libel apply if one deliberately makes a statement with the intention of doing harm to another person and/or their business. Even though we think that no one else sees what is posted on our “personal” accounts, the fact is that all social media posts are subject to subpoena and can be used as evidence.
Dangers here vary. One runs the risk of perjuring themselves if the testimony they give in court differs from accounts given on social media. Testimony can be thrown out if it differs from what was previously published on Facebook. Entire lawsuits can be found to be without merit of the judge determines the charges are nothing more than Facebook ranting. The agency may be able to claim damages for statements resulting in the loss of business.
We’ve seen this situation before. In 2007, a number of models brought a class-action suit against an Indianapolis-based model agency, claiming that they had not bee paid for services rendered. They won the civil suit. However, they saw very little of the money owed them. After making an initial payment through the court, the agency’s owner fled the state and has not returned.
What should be done instead? Again, I am not an attorney and this should not be construed as legal advice. The course of action that seems to stand a chance of being most effective, however, is to assemble and take to the District Attorney sufficient evidence as to warrant filing fraud charges against the agency and its owner(s) rather than filing a civil suit. Why?
We continue to see these situations with modeling agencies gone bad because there’s very little to stop them. There’s no oversight. There are no governing standards. If an agency gets caught doing wrong in one state, they pack up, change names, and start back up in another. However, fraud charges filed by the District Attorney brings with it the chance of actual jail time in addition to fines, and the possibility of a criminal record. If the alleged fraud took place across multiple states, there is the possibility for felony charges that could hinder a person from engaging in similar activities anywhere else.
What’s important, though, is that the accusations be presented in court, through the District Attorney, and not on Facebook. Putting such information on Facebook makes the charges all the more difficult to prosecute, especially if it is not hard, factual evidence assembled that back up the claims. District Attorneys need firm dates, places, and times. Receipts for anything resembling payment, and invoices or some other document that confirms how much was owed. Every accusation must be backed up with verifiable facts. Not a note from someone’s mother. Not a Facebook post swearing that it’s true. If there are not verifiable facts, there is no case.
Conclusion
Social media is a great place to talk with friends, share pictures and videos, and keep up with your community. It is not the place to discuss legal matters that have yet to be adjudicated in court. Bad modeling agencies are not stopped by a group of disgruntled models dropping out. If you feel you are the victim of a crime, consult the District Attorney for your county or your personal lawyer. Venting on Facebook might make one feel good for a few moments, but it does not stop people from doing bad things.
Not everything belongs on Facebook or Twitter. Intelligent people understand the value of restraint. Please, be intelligent.
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