Tag Archives: United States District Court Southern District of Florida

Palm Beach Post Court Reporter Admits to Bias in TracyvFAU Coverage

“Nobody Likes Tracy”

What Might Have Coverage Looked Like?

A source close to MemoryHoleBlog has informed us they contacted Palm Beach Post courts reporter Jane Musgrave via telephone following the December 2017 trial of TracyvFAU wherein FAU Professor James Tracy sued his former employer for civil rights violations. This individual asked the reporter why the Post‘s coverage was so egregiously biased against Tracy and favorable toward FAU.

“Well, nobody likes [Tracy],” Musgrave replied. “He got what he deserved” because “kids died.”

When the party pressed Musgrave on why the newspaper’s coverage included so many glaring omissions of important evidence and testimony–content that would have put Tracy in a more positive light–the reporter responded, “We weren’t allowed to report that,” and that at the end of the day the Post would never publish anything supportive of the plaintiff.

This conversation confirms what the TracyvFAU plaintiff and his legal team observed as both the Post and South Florida Sun-Sentinel‘s sensational and flagrantly misleading coverage throughout the trial and even after the jury verdict was rendered.

The story titles alone suggest the Post‘s clear bias, with the Post referring to Tracy as the “Sandy Hook denier.” In one “opinion piece” the newspaper even solicits an embellished defamatory account of Tracy’s teaching style from one of its salaried employees.

-“FAU Professor James Tracy Claims School Fired Him for Sandy Hook Rants,” Palm Beach Post, November 30, 2017

-“Ex-FAU Prof on Trial Tries To Downplay Attack on Sandy Hook Parents,” Palm Beach Post, December 1, 2017

-“Christie: Tracy-vs-FAU More about Arrogance Than Free Speech, Insubordination,” PalmBeachPost.com, December 5, 2017

-“What It Was Like in the Class of FAU’s Conspiracy-Spinning Professor,” Palm Beach Post, December 8, 2017

-“Claims against FAU by Sandy Hook Denier Headed To Federal Jury Monday,” Palm Beach Post, December 8, 2017

After lengthy litigation and a trial where a federal judge repeatedly defended FAU and its administrators from the bench, the Post continued to ignore crucial testimony given by Tracy’s colleagues that demonstrated just how haphazardly the university’s provosts and deans applied the “Outside Employment/Activities Policy,” and how Tracy was virtually the only employee required to submit an “Outside Employment Form” for his protected speech on a personal blog.

One must keep in mind that FAU is among South Florida’s largest employers, with thousands of taxpayer dollars to spend on largely ineffective advertising  in both newspapers. As one Post staffer explained to journalist and private investigator Jose Lambiet in 2017,

“Business people in the community are no fools. They know advertising in the Post no longer gets results. The news content is so weak that nobody’s reading. It’s like to trying to sell shit.”

Both the Post and Sun-Sentinel are so desperate to please this large advertiser that they are willing to effectively skew their coverage of one of the most significant First Amendment trials in recent history to fit what they perceive to be their readers’ prejudices–in fact, misconceptions that these papers and national news media played a major role in creating via slipshod if not fraudulent coverage of the December 2012 Newtown shooting. In this vein Musgrave is forced to function as an anti-journalist–one who documents an event then proceeds to deliberately deceive her readership.

More recently, Musgrave reported on US District Judge Robin L. Rosenberg’s decision to revisit her misguided Halloween day summary judgement ruling and deny the plaintiff a new trial, pointing to the judge’s “stinging rebuke of Tracy’s claim that the jury got it wrong …

“The central premise in (Tracy’s) motion for new trial is that the jury’s verdict was against the great weight of the evidence,” Rosenberg wrote in a 31-page ruling. “This contention is without merit. Instead, the court concludes that the great weight of the evidence at trial was in favor of (FAU).”

Musgrave’s reportage, probably at her editor’s behest, repeatedly emphasizes Rosenberg’s  ruling to deny the plaintiff a new trial.

Further, it is obvious that Musgrave never read Tracy’s Motions (here and here) since her slapdash piece attributes their authorship to Louis Leo IV, when in fact they were primarily authored and signed by co-counsel.

 

The Sun-Sentinel‘s brief story of Rosenberg’s ruling is (unsurprisingly) more reckless, as education reporter Marc Freeman fails to even mention the fact that the case is on its way to the 11th Circuit Court of Appeals.

At the end of the day the eight-hundred pound gorilla in TracyvFAU must necessarily be overlooked by the Palm Beach Post, who ultimately answer to its owners-in-abesntia, the politically liberal Cox family. James Tracy stands accused of calling out Democratic President Barack Obama’s administration of staging a mass shooting at Sandy Hook Elementary in order to institute more stringent gun control laws. In December 2015 Tracy was (falsely) accused of criminally harassing the ostensibly Jewish “Sandy Hook parents” while consorting with “holocaust deniers.” These inflammatory accusations ultimately led to his termination.

According to the Post itself, Judge Rosenberg’s ultra-wealthy “Palm Beach parents are both well-known Democratic donors.” Rosenberg was appointed to her federal judgeship by President Obama in 2014. Rosenberg’s spouse, former Palm Beach County state attorney Michael McAuliffe, is a career Democratic Party politician. It is no secret in South Florida that he has major congressional and quite possibly gubernatorial aspirations.

Such ambition requires maintaining the good graces of Democratic Party power brokers whose central political platform is celebrating Obama’s political “achievements” and stampeding the US public into enacting stricter gun control. If this isn’t enough McAuliffe’s law partner, Martin Reeder, is the Palm Beach Post‘s attorney. One can only ponder how thick the “firewall” is between the newspaper’s editorial room and the McAuliffe-Reeder firm.

Rosenberg is also a former board member of the radical Anti-Defamation League, the Zionist espionage and agit-prop organization that stands vehemently against extending free speech to all and believes that any Gentile who so much as sneezes the wrong way is “hateful” or “anti-semitic.” The ADL is typically so extreme that its mention often elicits embarrassed eye-rolls from many in the Jewish diaspora.

Despite these conflicts of interest Rosenberg apparently never considered recusing herself. She instead allowed the plaintiff to embark on a costly litigation process then slammed the door in his face with a comprehensive October 31, 2017 summary judgement order in favor of FAU. With the trial the court simply gave defendant FAU, with the assistance of its advertising clientele, full exoneration in the court of public opinion.

Imagine for a moment if Tracy was a progressive-left professor terminated from his tenured faculty position for blogging about “climate change,” the villainous President Trump, and the conspiracy theory that Trump allied with Russia to subvert the 2016 election process. One need only look at the many Facebook pages, Twitter accounts, and blogs of American academics that fit this very mold–some of whom work at Florida Atlantic and the state’s other publicly-funded universities. Imagine that the judge comes from a “well-known” Republican Party donor family and was appointed to the bench by Donald Trump.  Imagine the judge is married to a prominent Republican Party politician. Imagine the judge was Episcopalian and an active member of the National Rifle Association.

Then imagine just how different the Post‘s coverage of TracyvFAU would be?

 

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TracyvFAU: “A Very Dangerous Precedent”

By Louis Leo IV and James Fetzer

Attorney Louis Leo IV discusses James Tracy’s pending civil rights lawsuit against Florida Atlantic University with University of Minnesota Professor James Fetzer on GCN’s The Power Hour, Monday,  April 23, 2018. Leo is the lead attorney representing Tracy in the federal civil rights lawsuit against the South Florida-based public university.

The two examine Tracy’s unlawful firing by Florida Atlantic University, the corrupt and fraudulent trial defense conducted by FAU’s corporate attorneys (who received significant aid from the US District Court for the Southern District of Florida), and the implications for public employees’ right of free speech and association in the wake of the decision. Leo and Fetzer also discuss the circumstances that led to Tracy’s termination by FAU officials, which followed a smear campaign by cyber trolls and major news media seeking to defend the Sandy Hook event’s official narrative. 

One day after the interview was recorded, on April 24, US District Judge Robin L. Rosenberg issued a 31-page final order denying all post-trial motions, defending her October 31, 2017 summary judgement rulings in favor of FAU, and asserting that Plaintiff Tracy was provided with a fair trial in her courtroom. With the decisions the case now proceeds to the US 11th Circuit Court of Appeals.

For additional information on case and how you can assist in the process, please visit the James Tracy Legal Defense Fund.


Professor Jim Fetzer

James H. Fetzer: My guest for the second hour has distinguished himself by representing James Tracy, who is an Associate Professor of Communications and the Media at Florida Atlantic, who is seeking to protect the American people from an elaborate scam by investigating the aspects of Sandy Hook, in particular, Lenny Pozner’s claim to have a son, Noah, who died there.

James was a skeptic at the time, but he was exercising his diligence and responsibility on behalf of the public to ensure they weren’t take in by a scam which wound up looting the American people of somewhere between $27 and $130 million in donations in the false belief that there’d actually been a shooting massacre, and that these 20 children and six adults had died. Divided by the 26 families that were impersonating the survivors, they split and derived over a million bucks apiece.

I believe this is one of the reasons Lenny Pozner has been so ruthless in going after those of us that have been seeking to expose the truth. James Tracy turned out to be targeted, where Lenny published several articles in the South Florida newspapers, including the Jewish journal, Forward, the Sun-Sentinel and others. Tracy ended up losing his position over this. The university had a flimsy excuse, but none better to address the issues here than Louis Leo IV, who represented him. Louis has a website, peopleoverpolitics.org, and he has authored a brilliant overview of Tracy versus Florida Atlantic, titled, “Legalizing Pretext: How an American Public University Conspired to Beat the First Amendment.” Louis welcome to The Power Hour.

Louis Leo IV: Thanks for having me.

Fetzer: I’m just delighted. Perhaps you’d like to begin with a thumbnail overview of what happened here, and how this American university beat the First Amendment.

Attorney Louis Leo IV

Leo: Well, I can tell you there are a lot of moving parts in this case, but we’re still waiting for the court to rule on post-trial motions, which include a Motion for Judgement as a Matter of Law, as well as a Motion for a New Trial. And, we’re still trying to figure out exactly what happened. I guess you can say it’s been a long and disturbing ride through the legal system in this case.

Fetzer: I was just going to add that I too am a colleague, a collaborator, with James Tracy, and I was the head of his legal defense fund, and I believe in this man one-hundred-percent. In fact, I can’t imagine a less likely target for an action like this than James Tracy. He is so principled. He is so measured. He is so thoughtful. He is so intelligent. And he was actually undertaking at act of what’s technically known as super arrogation—going beyond the call of duty in an effort to determine the facts of the matter, and protect the American public from fraud.

Leo: Exactly.

Fetzer: They wound up being subjected to a theft by deception, by misrepresenting what had happened there. Lenny Pozner, Neil Heslin and others have defrauded the American people of a vast sum, and have gone on this stupefying campaign for gun control that’s completely one-hundred-percent the opposite of the interests of the American people. Louis, go right ahead.

Leo: I should start by saying that the reason Dr. Tracy lost in this trial is because of deception and fraud in the court, and it’s something that the court sanctioned, using the rules of evidence. This is outlined in our motion that the court made the grave error in excluding from trial evidence that showed just how blatant and pretextual the use of this policy was to terminate a tenured professorship.

Continue reading TracyvFAU: “A Very Dangerous Precedent”

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Legalizing Pretext: How an American Public University Conspired to Beat the First Amendment

… and Got Away With It

By Louis Leo IV Esq.
People Over Politics
Florida Civil Rights Coalition

In 2016, former Florida Atlantic University (“FAU”) Professor James Tracy filed a civil rights lawsuit against FAU following the termination of his tenured employment. If one relies on mainstream press reports of his firing they may conclude the action was justified because of Tracy’s alleged “harassment” of Sandy Hook parents, and/or his failure to comply with the school’s “outside activities” policy.

James Tracy with attorneys Steven Blinkensderfer (left) and and Louis Leo IV (right). Image Credit: Palm Beach Post

Yet at its heart, Tracy’s case has grave implications for the First Amendment rights of virtually every US academic and government employee. Through their own repeated admissions FAU administrators justified Tracy’s termination by arguing that Tracy failed to “disclose” his constitutionally protected political speech for university approval under a vague and confusing school policy.

If this precedent stands unchallenged it will allow virtually any government agency to police employees’ extracurricular speech or political activities, and accordingly discipline workers whose views are deemed objectionable.

What do you know about the James Tracy case?

If you get your news and information from “mainstream” media outlets and their affiliates and partners in fake news around the globe, you probably know nothing about the case.

Or if anything, you might think you know some crazy teacher said nobody died at Sandy Hook Elementary School, and lost his job. So what?

Well, if you think Professor Tracy is crazy, or was out of line in his blog postings about Sandy Hook, Tracy is far from alone in casting doubt about the official story. In fact, 24% of Americans surveyed in 2016 acknowledged the massacre may have been faked to promote gun control—a number which will undoubtedly grow as more and more Americans discover the vastly censored body of research and documentaries like “We Need To Talk About Sandy Hook”.

Notwithstanding the truth about Sandy Hook, or other government conspiracies, what if I told you that Professor Tracy didn’t do anything wrong?

What if I told you that government officials at FAU broke their own rules, and the First Amendment when they disciplined Professor Tracy?

For those who don’t care about freedom of speech, you need read no further.

For those who understand and appreciate the fact that FAU, a major American public university, isn’t the NFL, and that its government officials aren’t allowed to conspire to beat the First Amendment and fire a government employee because of what they say as a private citizen about a matter of public concern, please keep reading.

Professor James Tracy, who has a Ph.D. in mass communications, was an award-winning, tenured communications professor at a government-run university. He was a good teacher who received outstanding and excellent annual evaluations from his supervisors while teaching at FAU for over a decade.

Don’t take my word for it. Read his FAU performance evaluations.

Continue reading Legalizing Pretext: How an American Public University Conspired to Beat the First Amendment

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The Death of Academic Freedom

Prof James Tracy Denied First Amendment Rights by Federal Court

By Vivian Lee*

Global Research
American Herald Tribune
JamesFetzer.Blogspot &
OffGuardian

On December 11, 2017, in a serious miscarriage of justice, a jury in West Palm Beach, Florida, ruled unanimously in favor of Florida Atlantic University and against former Media Studies Professor James Tracy, who was suing for reinstatement after his firing in 2016. The jury found that Tracy’s “controversial” articles on Memory Hole Blog were not a “motivating factor” in his firing, the only question they were required to consider. Of course, Tracy’s posts at “his conspiracy theory blog” were indeed the reason he was fired, but the jury was convinced otherwise by FAU’s legal team with assistance from the judge. The case centered around Tracy’s writings on the anomalies found in the reporting on the Sandy Hook “massacre” of December 14, 2012. His skepticism about the event was not to the liking of the university.

Palm Beach PostJames Tracy with his attorney Louis Leo IV arriving at federal court. Image: Palm Beach Post.

FAU maintained that Tracy was not fired from his tenured position because of his blog posts, but because he did not follow the “rules” set out by “his bosses” at the government-run institution. FAU attorney G. Joseph Curley insisted that Tracy was not denied his First Amendment rights, but that he simply did not follow university procedure. “Professor Tracy doesn’t follow the rules,” Curley told the jury. “They’re rules that everyone else follows. He doesn’t play by the rules.” FAU cast the case as one of a “belligerent,” rebellious,” and “nonconformist” employee being let go for “insubordination,” instead of that of a tenured professor exercising his right to free speech.[1]

Atty G Joseph Curley Palm Beach PostFAU attorney G. Joseph Curley: “I could not be happier for FAU.” Image: Palm Beach Post.

FAU’s current “rules” require that faculty submit forms listing “outside activities” to be vetted for administrative approval, whether the activities are compensated or not. Tracy and other professors at FAU had argued that the policy is vague and confusing, constituting a form of prior restraint forbidden by the First Amendment, and leading to a climate of “fear and uncertainty” among the faculty. Aside from the fact that “outside activities” can reach into all aspects of a professor’s life and therefore be difficult if not impossible to list, such activities must not be subject to bureaucratic approval. And certainly, no tenured professor can be fired for not filling out a form, even at Florida Atlantic University.[2]

Continue reading The Death of Academic Freedom

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