Muslim students convicted of disrupting 2010 speech file appeal

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Ten of the so-called Irvine 11 Muslim students convicted of two misdemeanor charges to conspire and then disrupt a 2010 speech by Israeli Ambassador Michael Oren at UC Irvine have filed an appeal in Orange County Superior Court.


The 10 defendants, Muslim UC Irvine and UC Riverside students, were convicted in 2011 and sentenced to three years of informal probation and 56 hours of community service.


Charges against an 11th student were dropped after he agreed to 40 hours of community service at Someone Cares Soup Kitchen in Costa Mesa.





The case sparked fierce debate over whether the students' or Oren's free speech rights were violated and whether the district attorney's office should have filed criminal charges in the first place.


In an appeal brief filed this week, attorneys alleged that the students were convicted on the basis of an "unconstitutionally vague" state law prohibiting the willful disturbance of meetings.


"The basic premise is that this statute, as applied, makes completely lawful political speech a criminal act, and the 1st Amendment was never intended to allow that," said Dan Stormer, one of several lawyers representing the group.


Though a 1970 California Supreme Court decision "tried to fix the statute" by giving it more specific limits, the jury's instructions on how to apply the statute in question were still fuzzy, said Lisa Jaskol, directing attorney of the Public Counsel Law Center's appellate law program.


But Assistant Dist. Atty. Dan Wagner, a prosecutor working on the case, said that because the California Supreme Court had already ruled on the constitutionality of the statute, he's confident the conviction will be upheld.


"Furthermore, their behavior is not the type of behavior or conduct that is protected by the 1st Amendment," he added. "The evidence showed they were intent on taking away the ambassador's right to free speech."


Prosecutors have at least a month to file a response.


The students have completed their community service, Stormer said, and are "all doing very well."


"These young people are the cream of our academic crop," he said. "The idea that you could stand up in a meeting and make a political statement and that is a crime is absolutely abhorrent to our justice system."


jill.cowan@latimes.com





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The Lede Blog: A 'Black Bloc' Emerges in Egypt

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While using Twitter to narrate events in Tahrir Square on Friday, people in Egypt described tires burning in the street, protesters blocking traffic and hurling rocks, and police officers launching tear gas in an effort to break up crowds that had gathered to protest against the Muslim Brotherhood and the country’s new Islamist president.

Many of the actions described on Friday appeared to hew to a script that has become familiar over the past two years, but some in the crowds of protesters appeared to be using new tactics, dressing from head to toe in black, covering their faces with bandannas or kerchiefs and brandishing black flags as they skirmished with security forces.

“Asked one of them who they are they said we don’t talk to media but we are black bloc,” wrote ‏the British-Egyptian journalist Sarah Carr, adding that a member of the group had “mentioned anarchism.”

An article filed on Thursday by The Associated Press reported the presence of a “previously unknown group calling itself the black block.” The article continued, “Wearing black masks and waving black banners, it warned the Muslim Brotherhood of using its ‘military wing’ to put down protests.”

Although largely new in Cairo, the term “black bloc” has been used for years in the United States and Europe to describe a tactic commonly used by anarchists and anticapitalists during large-scale political demonstrations that occasionally devolve into street fights with the authorities.

Participants in the bloc typically dress in black to foster a sense of unity and to make it difficult for witnesses to differentiate between individuals. Members of the bloc often blend in with larger groups of protesters, then break away, linking arms as they rush down streets.

In the United States, at least, black bloc members usually eschew violence against people but have few compunctions about damaging property.

The tactic received attention during the 1999 protests in Seattle against the World Trade Organization, when youths dressed in black broke windows and spray-painted graffiti on buildings.

In St. Paul, during the 2008 Republican National Convention, black bloc members roamed through the city smashing bank windows and using hammers to batter a police car.

It is unclear whether there are any connections between American and Egyptian black bloc participants, but the site anarchistnews.org posted a message about occurrences in Cairo, quoting the blog Even If Your Voice Shakes.

Last night, anarchism left the graffitied walls, small conversations, and online forums of Egypt, and came to life in Cairo, declaring itself a new force in the ongoing social revolution sparked two years ago with multiple firebombings against Muslim Brotherhood offices. Later, the government shutdown the “Black Blocairo” and “Egyptian Black Bloc” Facebook pages, but they were soon re-launched.

The site went on to say that Egyptian anarchists had firebombed the Shura Council.

As my colleague Robert Mackey reports, an Egyptian journalist, Sarah El Sirgany, wrote on Twitter, “Vendors tell me it was the Black Block group that attempted to storm the Ikhwan Online building sparking the fight.”

Later, she added, “Now those who had continued the fight are heading to Tahrir, flag of Black Block flying high.”

Opinion on the black bloc in Egypt was not united. In a place where sexual assaults and gropings have become common, one Twitter user, Ghazala Irshad ‏@ghazalairshad, seemed to sound an admiring note: “Egypt’s new Black Bloc (self-proclaimed anti-MB militia) has female members too — just saw one running wearing niqab & angle-length skirt.”

But the activist bloggers Gigi Ibrahim ‏and Adel Abdel Ghafar were more skeptical.

This week a man named Ahmed Ibrahim, who has previously posted YouTube videos that appear to be from Egypt, posted a video titled “Black Bloc Egypt.”

Accompanied by driving music the video shows masked people marching while holding aloft black banners, a black flag with an anarchy symbol and an Egyptian flag.

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Liberty Ross Files for Divorce from Rupert Sanders

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By Dahvi Shira





01/25/2013 at 08:20 PM EST







Liberty Ross


Michael Buckner/Wireimage


It's over for Rupert Sanders and Liberty Ross.

The Snow White and the Huntsman actress, 34, filed for divorce Friday from her director-husband Sanders, 41, in Los Angeles County Superior Court on Friday, PEOPLE confirms.

News of the filing comes about six months after Sanders's highly publicized cheating scandal with Huntsman's star, Kristen Stewart.

Stewart has since patched things up with boyfriend Robert Pattinson, who she was dating during the fling.

In the court documents, Ross seeks joint custody of the couple's two kids, 5 and 7, TMZ reports. She also asks for spousal support and attorney's fees.

Sanders, who has filed his response to the divorce petition, also seeks joint custody of the kids, and wants to share legal fees with Ross, according to TMZ.

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CDC: Flu seems to level off except in the West

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New government figures show that flu cases seem to be leveling off nationwide. Flu activity is declining in most regions although still rising in the West.


The Centers for Disease Control and Prevention says hospitalizations and deaths spiked again last week, especially among the elderly. The CDC says quick treatment with antiviral medicines is important, in particular for the very young or old. The season's first flu case resistant to treatment with Tamiflu was reported Friday.


Eight more children have died from the flu, bringing this season's total pediatric deaths to 37. About 100 children die in an average flu season.


There is still vaccine available although it may be hard to find. The CDC has a website that can help.


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CDC: http://www.cdc.gov/flu/


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Defense in salon killings will get data on jail informant

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Prosecutors were ordered Friday to hand over material about a jailhouse informant who helped authorities secretly record hours of conversation with the man accused of gunning down eight people in the deadliest mass shooing in Orange County history.


The recordings were made a week after the arrest of Scott Dekraai, 43, in the 2011 midday rampage at a Seal Beach salon where his ex-wife worked.


Defense attorney Scott Sanders argued that he needs more information about the informant and his involvement with other criminal cases, including Dekraai's, to determine whether his client's right to a fair trial has been violated.





In court filings, Sanders said the informant, who is facing two life sentences for various crimes, including drug-related felonies, has had three years of delays on his cases and has been the "beneficiary of special treatment."


Prosecutors argued that because the informant would not be called as a witness in the trial, the information did not need to be turned over. But Orange County Superior Court Judge Thomas Goethals disagreed and ordered prosecutors to turn over the information.


The informant, referred to as "Fernando P." in court documents, alerted law enforcement after Dekraai began talking about the case in his jail cell, according to court documents.


After prosecutors, investigators and law enforcement officers met with the man, a recording device was placed in Dekraai's cell for six days.


The recordings include 132 segments of one-hour audio files, many of which include conversations about Dekraai's "crimes and personal history," according to court documents.


Prosecutors intend to use the recordings at a jury trial, Assistant Dist. Atty. Dan Wagner said.


In a court filing, Wagner said that the inmate did not initiate the conversations, and responded only with words such as "really," "wow" and "huh."


He also said that the district attorney does not intend to give the informant any leniency on his sentencing.


In court Friday, Wagner said that Dekraai babbled "on and on" to the informant without being prompted and made "inflammatory" statements such as "I wrecked my life."


"We want the jury to hear everything the defendant said," Wagner said after the hearing.


He added that he believes the evidence in the tapes will show Dekraai's "mind-set" about the crimes.


In January 2012, Dekraai was indicted on eight counts of murder with special circumstances and one felony count of attempted murder. Dekraai has pleaded not guilty. Prosecutors said they will seek the death penalty.


A tentative trial date has been set for March 25, though Sanders said the defense is "not close to being ready."


nicole.santacruz@latimes.com





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The Lede Blog: Tear Gas in Tahrir Two Years After Revolution's Start

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Last Updated, 11:28 p.m. Bloggers in Cairo reported that tear gas was fired into Tahrir Square by the police Thursday night, as Egypt braced for a day of protests to mark the second anniversary of the revolution that began on Jan. 25, 2011.

As the Cairene blogger who writes as The Big Pharaoh explained, officers from the Central Security Forces fired the gas at protesters after the crowd started to pull down a wall blocking an entrance to the square on Qasr al-Aini Street.

The activist Sherief Gaber, who writes as @cairocitylimits, pointed to video of cheers erupting from the crowd as the wall was torn down on Thursday.

Hours after the fighting began, The Big Pharaoh called the clashes “useless,” coming on the eve of planned demonstrations in the same area to note continuing dissatisfaction with Egypt’s postrevolutionary government.

After the wall was destroyed, the Cairo daily Al-Masry Al-Youm reported that soldiers had been deployed to build a new one on the same street.

At about 6 a.m. on Friday morning, The Big Pharaoh posted an image of clouds of tear gas in Tahrir Square and expressed his amazement that the police had apparently continued firing canisters throughout the night.

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Samsung puts lid on capex for first time since financial crisis

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SEOUL (Reuters) – Samsung Electronics Co turned cautious on spending for the first time since the global financial crisis, keeping its annual investment plan unchanged at 2012 levels, as demand for computer chips wanes and the smartphone market slows.


Samsung, one of the industry’s most aggressive spenders, has ramped up capital expenditure every year since 2004 except 2009 to meet soaring demand for its array of consumer electronics and mobile devices. It sold a record 700,000 smartphones a day in the last quarter.






But with the personal computer market shrinking for the first time in 11 years, the global smartphone market growing more slowly, and Apple Inc moving to buy fewer of Samsung‘s microprocessors used in the iPhone and iPad, the South Korean IT giant is now forced to keep a lid on spending.


“Overall its earnings momentum remains intact, and smartphone shipments will continue to grow even in the traditionally weak first quarter, as Samsung’s got a broader product line-up and Apple appears to be struggling in pushing iPhone volumes aggressively,” said Lee Se-chul, a Seoul-based analyst at Meritz Securities.


Samsung, which reported a record quarterly and annual profit on Friday, said it would keep 2013 capital expenditure unchanged from 2012.


“The key word for us in investment in 2013 is flexibility. We’ll decide as the market demand dictates,” Robert Yi, head of Samsung’s investor relations, told analysts.


Data from the company shows Samsung started to slow down planned investment in the last quarter.


Samsung said it spent 4.4 trillion won in October-December, pushing its 2012 investment to a record 23 trillion won ($ 21.5 billion). But the company said in October that it was on course to spend 25 trillion won in 2012.


Analysts had expected a 4-20 percent cut in Samsung’s 2013 capital spending.


By contrast, Taiwanese rival TSMC is planning to raise its capital expenditure to $ 9 billion this year, aimed in part at winning Apple orders away from Samsung.


Shares in Samsung fell 2.1 percent as of 0250 GMT, lagging a 1.1 percent decline in the wider market.


RECORD EARNINGS


Samsung had poured money into factories to boost production of chips and panels used in Apple products and its Galaxy range devices, pushing its operating profit to 8.84 trillion won in the last quarter. The 89 percent increase from a year earlier was in line with its earlier estimate.


Profit at its mobile devices division, which makes phones, tablets and cameras, more than doubled to 5.44 trillion won in the quarter from a year earlier, lifted by a broader offering of smartphones – from the very cheap to the very expensive.


The division accounted for 62 percent of Samsung’s overall fourth-quarter profit, up from 55 percent a year earlier.


Samsung is also seeing strong sales of its Note phablet, which analysts expect to help Samsung get through any seasonal weakness better than rivals.


Samsung, which doesn’t provide a breakdown of smartphone sales, is estimated to have sold around 63 million smartphones in the last quarter, including 15 million Galaxy S IIIs and 7 million Note IIs.


The company also said 2012 operating profit rose 86 percent to an all-time high of 29 trillion won.


SAMSUNG VS APPLE


Samsung sold 213 million smartphones last year and enlarged its share of the global market to 30.4 percent from around 20 percent in 2011, a report by market research firm Strategy Analytics showed on Friday. The sharp increase reflects Samsung’s aggressive marketing of its wide product range.


Apple’s share of the market shrank slightly to 19.4 percent from 19.0 percent in 2011, according to the report.


Globally, sales of smartphones surged 42.7 percent last year to 700 million, Strategy Analytics said.


Samsung said on Friday it expects the global smartphone segment to shrink in January-March from the seasonally strong fourth quarter, and that growth of the overall handset market will slow to the mid single-digits this year.


The forecast is in line with industry estimates, with signs of a slowdown having already emerged.


Apple shipped 47.8 million iPhones in the three months ended December, a record that nonetheless disappointed many analysts accustomed to years of outperformance. The Cupertino, California-based company also missed Wall Street’s revenue forecast for a third straight quarter as iPhone sales lagged expectations.


Apple shares have dropped by more than a third since mid-September as investors fret that its days of hyper growth are over and its devices are no longer as ‘must-have’ as they were.


By contrast, shares in Samsung have risen 12 percent in the same period as the company once seen as quick to copy the ideas of others now sets the pace in innovation.


At the world’s biggest electronics show in Las Vegas this month, Samsung unveiled a prototype phone with a flexible display that can be folded almost like paper, and a microchip with eight processing cores, creating a buzz that these may be used in the next Galaxy range.


“It’s very probable to us that the Exynos 5 Octa (processor) will find its way into the Galaxy S4,” UBS analyst Nicolas Gaudois wrote in a recent note.


“It also looked as if the curved display is close enough to finished product. We came away even more convinced that displays will provide significant differentiation to Samsung devices, and application processors will materially grow over time,” Gaudois said. ($ 1 = 1066.2000 Korean won)


(Reporting by Miyoung Kim; Editing by Ryan Woo)


Internet News Headlines – Yahoo! News





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American Idol Auditions in Baton Rouge Are (Almost) Drama-Free

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American Idol






By Steve Helling





01/24/2013 at 10:00 PM EST







From left: Randy Jackson, Mariah Carey, Ryan Seacrest, Nicki Minaj and Keith Urban


George Holz/FOX


There were no catfights on Thursday's American Idol. No one stormed off the set. Everyone was on their best behavior as contestants auditioned in Baton Rouge, La.

That's not to say that things didn't get weird. Nicki Minaj nicknamed one contestant "Mushroom" and rubbed her fingers through his hair to bestow her "special powers" on him. (Whenever Minaj speaks, Mariah Carey simply stares off into space, as if she's just trying to find her happy place.) The Idol producers also began a baffling trend of splicing footage of squealing farm animals between the bad auditions.

But there were some bright spots: Burnell Taylor, a Hurricane Katrina survivor, made Carey cry with his capable rendition of "I'm Here" from the musical The Color Purple. "This is what we came for," said Minaj, who was apparently speaking about Taylor's voice, not Carey's tears. "While everyone else auditioned, you entertained us."

Hulking firefighter Dustin Watts wowed the judges with his version of Garth Brooks's "She's Every Woman." And yes, ladies, he's single. We know this because Minaj continued her practice of asking good-looking guys if they have a girlfriend. "You have a great style," Keith Urban told Watts. "You've got a confidence about you."

Tennessean Paul Jolley's family seemed shocked that he made it to Hollywood, which may have been overdone, considering that the 22-year-old singer has opened for country stars Chely Wright, Lorrie Morgan and Aaron Tippin. His pleasant version of "I Won't Let Go" by Rascal Flatts impressed the judges. "It was effortless," said Carey. "I know that people are going to love you."

Perhaps the most unique contestant of the night was Calvin Peters, a 27-year-old physician from Fort Worth, Texas. The third-year resident is known as "the singing doctor," and wowed the judges with his audition of Maxwell's "Whenever, Wherever, Whatever." Carey called him "handsome," which seems to be a trend this season.

Most of the night's successful women were lumped into a montage, except for Miss Baton Rouge Megan Miller, who impressed the judges while auditioning on crutches. Perhaps the lack of female character development is a reason why the show hasn't crowned a woman champ since Jordin Sparks won in 2007. Then again, the judges this season seem confident a female singer is going to win.

Before the episode could end without a drop of drama, Urban accidentally referred to Minaj as "Mariah." Both women shot him withering looks and commanded him to say more than 1000 Hail Marys.

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Penalty could keep smokers out of health overhaul

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WASHINGTON (AP) — Millions of smokers could be priced out of health insurance because of tobacco penalties in President Barack Obama's health care law, according to experts who are just now teasing out the potential impact of a little-noted provision in the massive legislation.


The Affordable Care Act — "Obamacare" to its detractors — allows health insurers to charge smokers buying individual policies up to 50 percent higher premiums starting next Jan. 1.


For a 55-year-old smoker, the penalty could reach nearly $4,250 a year. A 60-year-old could wind up paying nearly $5,100 on top of premiums.


Younger smokers could be charged lower penalties under rules proposed last fall by the Obama administration. But older smokers could face a heavy hit on their household budgets at a time in life when smoking-related illnesses tend to emerge.


Workers covered on the job would be able to avoid tobacco penalties by joining smoking cessation programs, because employer plans operate under different rules. But experts say that option is not guaranteed to smokers trying to purchase coverage individually.


Nearly one of every five U.S. adults smokes. That share is higher among lower-income people, who also are more likely to work in jobs that don't come with health insurance and would therefore depend on the new federal health care law. Smoking increases the risk of developing heart disease, lung problems and cancer, contributing to nearly 450,000 deaths a year.


Insurers won't be allowed to charge more under the overhaul for people who are overweight, or have a health condition like a bad back or a heart that skips beats — but they can charge more if a person smokes.


Starting next Jan. 1, the federal health care law will make it possible for people who can't get coverage now to buy private policies, providing tax credits to keep the premiums affordable. Although the law prohibits insurance companies from turning away the sick, the penalties for smokers could have the same effect in many cases, keeping out potentially costly patients.


"We don't want to create barriers for people to get health care coverage," said California state Assemblyman Richard Pan, who is working on a law in his state that would limit insurers' ability to charge smokers more. The federal law allows states to limit or change the smoking penalty.


"We want people who are smoking to get smoking cessation treatment," added Pan, a pediatrician who represents the Sacramento area.


Obama administration officials declined to be interviewed for this article, but a former consumer protection regulator for the government is raising questions.


"If you are an insurer and there is a group of smokers you don't want in your pool, the ones you really don't want are the ones who have been smoking for 20 or 30 years," said Karen Pollitz, an expert on individual health insurance markets with the nonpartisan Kaiser Family Foundation. "You would have the flexibility to discourage them."


Several provisions in the federal health care law work together to leave older smokers with a bleak set of financial options, said Pollitz, formerly deputy director of the Office of Consumer Support in the federal Health and Human Services Department.


First, the law allows insurers to charge older adults up to three times as much as their youngest customers.


Second, the law allows insurers to levy the full 50 percent penalty on older smokers while charging less to younger ones.


And finally, government tax credits that will be available to help pay premiums cannot be used to offset the cost of penalties for smokers.


Here's how the math would work:


Take a hypothetical 60-year-old smoker making $35,000 a year. Estimated premiums for coverage in the new private health insurance markets under Obama's law would total $10,172. That person would be eligible for a tax credit that brings the cost down to $3,325.


But the smoking penalty could add $5,086 to the cost. And since federal tax credits can't be used to offset the penalty, the smoker's total cost for health insurance would be $8,411, or 24 percent of income. That's considered unaffordable under the federal law. The numbers were estimated using the online Kaiser Health Reform Subsidy Calculator.


"The effect of the smoking (penalty) allowed under the law would be that lower-income smokers could not afford health insurance," said Richard Curtis, president of the Institute for Health Policy Solutions, a nonpartisan research group that called attention to the issue with a study about the potential impact in California.


In today's world, insurers can simply turn down a smoker. Under Obama's overhaul, would they actually charge the full 50 percent? After all, workplace anti-smoking programs that use penalties usually charge far less, maybe $75 or $100 a month.


Robert Laszewski, a consultant who previously worked in the insurance industry, says there's a good reason to charge the maximum.


"If you don't charge the 50 percent, your competitor is going to do it, and you are going to get a disproportionate share of the less-healthy older smokers," said Laszewski. "They are going to have to play defense."


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Online:


Kaiser Health Reform Subsidy Calculator — http://healthreform.kff.org/subsidycalculator.aspx


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Annual Tet parade will take place in Little Saigon after all

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The nation's only Tet parade, staged in the heart of Little Saigon, will go on after all.


After being told that the city of Westminster could not help pay for the annual Lunar Day parade in the nation's largest Vietnamese community, organizers hurriedly raised $60,000 in just two weeks.


"We knew we could not lose this opportunity to promote the beauty of our culture," said Ha Son Tran, vice president of the Vietnamese American Federation of Southern California. "Everyone put in a lot of energy, and there's a lot of pride. Finally, we can show others that we were able to meet the challenge" of fundraising.





Nghia X. Nguyen, president of the federation, appeared at the City Council meeting Wednesday night, presenting two cashier's checks, one for $35,000 and the other for $25,000.


An official from the city's community services and recreation department will oversee the funds, said Councilman Sergio Contreras, who grew up in Westminster and started marching in the parade when he was a high school student.


"I think it's amazing," he said. "Two weeks. I haven't been in a situation where we challenged a group to come up with the money in that short amount of time, and they made it happen. Now the event that we're waiting for will happen."


The parade, scheduled for Feb. 10, is expected to draw thousands and be televised on Vietnamese cable channels here and aboard,


Peter Trinh, a father of two from Huntington Beach, said he plans to attend.


"I heard so much about it and I want my kids to be exposed to our community," he said. "I think it's a good chance for them to see our culture up close, and of course, we'll bring the friends we always go out with. Can't wait."


anh.do@latimes.com





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