Pezzano Mickey & Bornstein, LLP July 2019

JULY 2019

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Perspectives PMB

CELEBRATING FREEDOM OF SPEECH Our First Amendment Rights

“I disapprove of what you say, but I will defend to the death your right to say it.” –Evelyn Beatrice Hall

right to free speech and successfully argued that the Ohio law which criminalized his statements was unconstitutional.

The Fourth of July is a time to reflect on the freedoms we enjoy as Americans and remember that we must always be on the lookout for their erosion. The First Amendment to the Constitution safeguards one of our most precious freedoms, a cornerstone of our democracy: freedom of speech. It reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Each of the clauses in this Amendment has been the subject of voluminous textbooks and court decisions. With regard to speech, the First Amendment safeguards our ability to speak our minds without fear of punishment by the government. In the United States, our right to free speech is broader than anywhere in the world. In many other countries, citizens are imprisoned for criticizing the government or speaking in a subversive manner. In dictatorships like North Korea and Cuba, political dissidents are tortured or thrown into prison camps. Nonpolitical speech may also be targeted for suppression in relatively free countries. According to the BBC, just this past April, a British woman was arrested in Dubai for equating her ex-husband’s new wife to a horse on Facebook! Even in comparison to other democracies, the First Amendment provides an unprecedented level of protection for free speech. The United Kingdom doesn’t have a written Constitution to limit government power. British citizens may be arrested for using offensive language, like the young Scottish man who was actually jailed and lost his career opportunities for posting racist comments on Twitter. Of course, even in the U.S., there are limits to the freedom of speech. The First Amendment does not permit speech that encourages physical harm to others. In the 1969 landmark case of Brandenburg v. Ohio, the Supreme Court ruled that the vile speech of KKK members could not be suppressed unless it promoted immediate violence. Despite the abhorrent, racist messages spewed by Mr. Brandenburg, the ACLU fought to protect his

In recent years, First Amendment principles have been undermined by vague speech codes which seek to “keep the peace” by stifling voices some might find offensive or hurtful. College campuses have traditionally been havens where students were encouraged to engage in the free flow of a wide variety of ideas. Students today are far more restricted. Speech codes have been enacted across both public and private college campuses to quash speech interpreted as offensive or hateful. By attempting to redefine speech as violence, universities have been regularly suppressing unpopular dialogue by declaring campuses to be “safe spaces,” in which students are “protected” from hearing ideas that might upset them. On that basis, numerous controversial figures have been banned from college campuses across the country, and students have been punished for daring to utter unpopular notions. New Jersey is not immune from to such speech codes. For example, the policy manual of The College of New Jersey (TCNJ) states that disciplinary action may be taken to address any “unacceptable” conduct, including speech. This overly broad policy has been given a “red” rating by the Foundation for Individual Rights in Education, which found that TCNJ’s policy clearly and substantially restricts its students’ freedom of speech. What happened to the concept that we will defend with our lives the right of our fellow citizens to speak, even if we disagree with them? Moreover, who decides what speech is acceptable and what is not? To reverse this trend of chilling free speech, 17 states thus far have enacted campus free- speech legislation. In June 2019, the New Jersey Senate passed bipartisan Bill S-1176 out of committee, which reiterates that every public school student shall have the right to exercise freedom of speech and freedom of the press, and requires districts to adopt a clear written policy regarding freedom of expression. Although the bill is geared specifically toward student journalists, it is a step in the right direction in safeguarding the First Amendment rights of students. As you enjoy the fireworks this month, consider the freedoms you hold most dear and remember that they may be eroded if we do not have the courage to push back against those who seek to restrict them.

–Lisa Pezzano Mickey

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3 FAMOUS UFO SIGHTINGS (BESIDES ROSWELL) Did You See That?

Going stargazing this summer? Be sure to keep your eyes out for unidentified flying objects (UFOs)! July 2 is World UFO Day, commemorating the supposed UFO crash that took place in 1974 in Roswell, New Mexico. Everyone knows about the strange things that happened in Roswell, but let’s look at a few lesser-known, but no less strange, UFO sightings.

object giving off lights and still moving. The object was gone when police arrived, but they found unusual markings at the site. A few days later, more servicemen went into the forest where they spotted three mysterious bright lights in the sky that shone for hours.

EAST COAST GO FAST VIDEO

THE FIRST FLYING SAUCER

In 2015, a U.S. Navy Boeing F/A-18F Super Hornet strike fighter captured video of a bizarre, fast-moving object that had no visible wings and emitted no heat or no exhaust trail. The video, which can be viewed at COI.ToTheStarsAcademy. com/2015-go-fast-footage, shows the object in the fighter’s targeting system. The pilot and the weapon systems officer can be heard shouting and asking, “What is that, man?”The video leaked in 2017 along with news of the Advanced Aviation Threat Identification Program (AATIP), a secret U.S. government organization investigating UFOs. Most UFO sightings have rational explanations. Even the famous Roswell Incident was proven to be debris from a surveillance program the U.S. military used to spy on the Soviet Union. But there’s something to be said about how a UFO sighting makes us look up at the night sky and wonder if we’re not alone.

On June 24, 1947, civilian pilot Kenneth Arnold was flying his plane near Mount Rainier in Washington when he reported seeing nine blue, glowing objects flying in a V formation at around 1,700 mph. Arnold would later describe the crafts’motions like “a saucer if you skip it across water.”The government confirmed there were no aircraft tests in the area that day. In the following weeks, other sightings of Arnold’s flying saucers would crop up across the region.

THE RENDLESHAM FOREST INCIDENT

Things got weird at a Royal Air Force military base in England on Dec. 26, 1980. At around 3 a.m., two Air Force members saw odd lights falling into the nearby Rendlesham Forest. They reported finding a metallic

Gone to the Dogs HOW CAN A THIEF SUE THE FAMILY HE ROBBED?

Have you heard the story of Terrence Dickson? Even if you don’t know the name, you might have heard his strange tale. Dickson was a burglar in Bucks County, Pennsylvania. One day, after breaking into a house and helping himself to some valuables, Dickson decided to leave through the garage. After discovering the automatic garage door was stuck closed, Dickson turned around and was horrified to realize he’d locked himself inside. To make matters worse, the family he was stealing from had just left for an extended vacation, so Dickson lived off of soda and dried dog food for eight days. When the family returned and found the unlucky burglar, a lawsuit was filed — by Dickson! He sued for mental anguish, and the jury awarded him $500,000. There’s nothing that shakes our faith in the justice system quite like injustice being served. When Dickson’s story first gained notoriety in 2001, thanks to an email circulated by the now-defunct Stella Awards newsletter, which highlighted “outrageous lawsuits,” people were rightfully enraged. There was just one problem: Terrence Dickson never existed. In 2002, a reporter from Pennsylvania contacted the Bucks County prothonotary’s office, where all records for civil cases in the county are kept. He discovered there was no record of any cases involving such a burglar. It’s worth noting the original email where this story

first appeared ended with a call for tort reform from a made-up law firm in Ohio. Likely, this hoax was an attempt to manipulate the public perception of the justice system. Despite being debunked 17 years ago, this tall tale still makes the rounds and often appears on lists of “outrageous lawsuits,”many of which are featured on the websites of legitimate law firms! There are plenty of wacky legal cases, but when a story is too ridiculous, there’s a good chance a few important details are being left out or the readers are being lied to. Don’t believe everything you read online!

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TAKE A BREAK

BEWARE THESE RETIREMENT

SPENDING MISTAKES

Common Financial Pitfalls

The bulk of retirement planning is spent discussing how you will save money in the years leading up to the end of your career, but that’s only half of the picture. Once you enter retirement, your focus shifts to the smartest way to divest your money for both your own enjoyment and your continued financial security. There are countless ways to wisely spend your nest egg, such as taking trips, providing for the education of your grandchildren, and more. However, this article isn’t about good ideas. Instead, let’s talk about some of the worst ways to spend your retirement funds. The appeal of a timeshare seems obvious. It’s a space of your own for a few weeks of the year, and you get to enjoy a nice change of pace from your regular environment. The problem is that these properties are full of hidden costs and have been outpaced by other vacationing options. In a world where you can book an Airbnb with just a few clicks, timeshares are poised to become a relic of a past age. Hackers and cyberscammers love to prey on the elderly. As gross as it may sound, they know that older generations tend to be less tech savvy than their younger counterparts. You should be wary of online offers that look too good to be true. If you have even the slightest doubt, have a loved one take a look at the offer to ensure you’re not being scammed. Never provide your private financial data to a source you don’t absolutely trust. TIMESHARES ONLINE SCAMS

JUICY LUCY SLIDERS

Inspired by Bon Appétit Magazine

Ingredients

2 lbs. ground chuck beef, 20% lean 8 slices melting cheese (like American, Swiss, Muenster, or cheddar)

16 small potato rolls, toasted

Salt and pepper, to taste

Your favorite burger accompaniments

TCHOTCHKES

Directions

Many of us have walked into the house of an older relative to find a room full of American Girl dolls or a display case of Candlewick glassware. Collecting can be a rewarding hobby when done in moderation, but amassing junk simply for its own sake is a waste of money and space. Make sure you’re acquiring objects because you truly want to treasure them.

1. Divide beef into 16 evenly sized balls. 2. Rip cheese into roughly equal pieces, creating 16 equal portions. 3. Using your index finger, create a small indentation in each ball. 4. Fill indention with cheese and pinch meat around to seal. Then gently form balls into 3/4-inch-thick patties. Season patties. 5. Meanwhile, heat a cast-iron skillet to medium-high. 6. Lightly coat skillet with oil and cook patties in batches. Brown one side undisturbed, about 3 minutes. Carefully flip and cook until desired doneness, about 3 minutes for medium. 7. Serve on toasted potato rolls with your favorite accompaniments.

RUSHED RELOCATIONS

In general, real estate-based purchases can be extremely beneficial for retirees. The exception to this rule is a spur-of-the-moment relocation in order to be closer to your family or a retirement community. Because real estate transactions are so expensive, it’s best to approach them with extreme care and due diligence.

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INSIDE THIS ISSUE

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Our First Amendment Rights

Juicy Lucy Sliders The Worst Retirement Spending Decisions Going Stargazing? Watch Out for UFOs! Did You Hear About the Dog Food Burglar?

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The Madden Curse

ON THE TRAIL OF THE MADDEN CURSE Truth, Lies, and Superstition

There is no urban legend in the world of modern video games as well-documented as the so-called “Madden Curse.”The curse revolves around the highly sought-after cover spot of the popular NFL video game “Madden NFL,” formerly known as “John Madden Football.”While the games date back to 1988, the curse is said to originate with the 1999 version. Garrison Hearst, a popular running back at the time, broke his ankle shortly after being featured on the cover of the 1999 edition. This was the first in a long line of injuries and personal issues that resulted in the rumor gaining traction. Soon, the idea

as coincidence. Despite the ambivalence of many players, there does seem to be a correlation between the cover and player issues. Of the 22 players who have been featured on the cover, 16 of them have suffered from significant issues in the season that followed. While the causes varied, with severe injuries, contract disputes, and personal issues all afflicting different players, something about the spotlight appears to have disturbed the powers that be. In fact, sometimes these issues occur shortly after the game is released in stores.

that the game’s seemingly innocent cover could have devastating effects on a player’s career was widespread. Once a substantial honor in the world of football, the Madden cover spot has become one of the sport’s most feared superstitions for fans.

Whatever the true cause, the curse seems to have taken a dip in recent years. Only one of the last five players has been affected, a stat that bodes well for this year’s star: Kansas City Chiefs quarterback Patrick Mahomes. The real answer probably lies somewhere between fact and fiction. The increased pressure of national attention is bound to make players tense up every once in a while, and in a game as physical as football, any distraction can end in disaster.

The players, however, seem to find the correlation more amusing than scary. Most of the athletes in contention for the spot still consider it to be a great honor, choosing to brush off the rumors

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