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Supporting Article for Critical Infrastructure Statute.

Lauren

The article is supported by additional articles that examine the constitutionality of Critical Infrastructure Bill in Louisiana. The article is supported in its claim that the statute can be argued as legislativley motivated as the critical infrastructure bills arose after the Dakota Acess Pipeline protest and the Lousiana revised Bill came after the Bayou Bridge Pipeline protest. The article is additionally supported in analysis of additional critical infrastructure bills from other states, such as Texas, Dakota, etc. 

Methods Used in Arguing Critical Infrastructure Article

Lauren

The methods/Theories used to produce claims of violations of First amendment and Due Process from the Revised statute are taken from Modern First Amendment Doctrines and approaches. The article as well utilizes previous court cases and their decisions to guide the analysis.

In terms of the Due Process Clause violation, the article states that any statue is in violation of the Due Process Clause if the statute is so standardless that is encourages or authorizes discriminatory enforcement. 

In terms of the First Amendment, the article estabilishes first how the United States Supreme Court analyzes cases that contest the First Amendment. Their are three theories introduced that support the first amendment, if a law is found to be prohibiting these theories, a case can be made that it violates the First Amendment. These theories include: "self-realization", "marketplace of ideas", and "democratic value". To determine wether the regulation effects a speaker or the marketplace two models are used: "speaker based" and "audience based". These are used to determine wether the statute will effect the public discourse or the individual. In the end, the article argues how each of these three theories are violated and therefore the statute is in violation of the First Amendment. 

The article as well looks at how the Supreme Court uses a "tiered-scrutiny" approach when analyzing the constitutionality of statutes. This allows the court to apply a different standard based on if the statute is content neutral or content based. Any content based statue is unconstitutional as it prohbits a certain type of speech. When a statute is content neutral, the court must provided evidence that the statute was content motivated. 

Quotes from Article: Examining Speech Suppressing Effect of Critical Infrastructure Statutes

Lauren

"The modifications to Louisiana Revised Statutes section 14:61 seem to be a direct response to the Bayou Pipeline protests for four reasons. First, this is evidenced by the addition of pipelines to the definition of "critical infrastructure" protected by the statute, as well as the creation of heightened penalties aimed at deterring those speaking out against the further construction of pipelines within the state. Second, the arrest of protestors were made within weeks of the modification of the statute, supporting the contention that the legislature made these changes to silence protestors. Third, a sponsor could [...] potentially have a personal motive [...] as energy and natural resource companies are his or her leading campaign donor [...]. Finally, the national trend of statutes protecting critical infrastructure which arose after the Dakota Access pipeline protests seems to suggest that the fear of opposition toward pipeline construction is what led the Louisiana Legislature to amend section 14:61" (Pg. 18). 

This quote describes the arguments that can be made in regards to proving motivation behind the legislative revisions. Despite the statute is content neutral, the motivations behind the statute prove that the statute be upgraded to strict scrutiny. 

"By suppressing the speech of those opposing pipeline construction within the state, the government restricts the ability of citizens to articulate their desires, inherently excluding them from the political process of making changes within their community and perpetuating their plight." 

"Though some regulations of conduct are permissible, it is impermissible for the legislature to suppress the expressive conduct of those opposing the Bayou Bridge pipeline construction, as this suppression results in a governmental distortion of public debate and offends the democratic system."

These quotes demonstrate how the statute can be held in violation of the first amendment. 

Examining Speech Suppressing Critical Infrastructure Article Main Findings

Lauren

The main argument presented in the article states that the Louisiana Revised Statute section 14:61 of the Louisiana Critical Infrastructure Bill should be revoked as it is impermissibly in violation with the First Amendment and the Due Process Clause of the Constitution. The article notes the timing and vagueness of the additions to the infrastrutcure bill to be discriminatorily motivated towards silencing a certain type of speech. The Revised Infrastructure Bill included the addition of "pipelines", both in construction and operating as apart of the definition of "critical infrastructure". The revised bill estabilished a strict penalty of jail for no more than 20 years or fine of no more than $25,000. The revision followed the Bayou Bridge Pipeline construction protests. The article argues for the regulation to be held under strict scrutiny under the law as, though it is content-neutral, the legislative motive appears to be content-based. An analysis is appropriate to conduct despite being content neutral. As well, the article argues that the new regulation silences speech, in violation with the first amendment. Noted in the article, First amendment arguments fall into three theories or categorizes: "self-realization" theory, "marketplace of ideas" theory, and "democracy" theory. The article argues that all three theories that enable the preservation of the first amendment are violated through the revised bill sections. The statute distorts the marketplace of ideas as it enforces such a harsh punishment, is standardless, and vague that it has the effect of creating self-censorship. Without access to dissenting ideas in opposition to the pipelines, this deprives the public from the marketplace of ideas but also denies them from self realization in creating their own opinions from the opposining ideas around them. Finally, the statue is argued to deny democracy in that it restricts the publics ability to share their desires for their communties, excluding them from the political process, denying them a democratic process to voice an opinion. The article goes on to propose ways in which the courts can fix their practices in reviewals of Due Process and First Amendment legal cases. 

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Sara.Till

This organization seeks to provide emergency medical services to community members of Bed-Stuy, an area seeing disproportionate levels of physical violence and trauma. Before BSVAC the average ambulatory response time to the city was approximately 30 minutes, gravely eating into the "Golden hour" trauma patients are allowed. In light of this, two EMS workers chose to start a volunteer EMS agency to provide emergency care to the city, expose community members to careers in EMS, and teach BLS skills to residents. 

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Sara.Till

The founding members were Bed-Stuy residents Captain James "Rocky" Robinson and Specialist Joe Perez. Since then, membership has extended to other EMS personnel, the majority of whom are also Bed-Stuy residents. This is also the first multi-cultural ambulatory agency and seeks to provide meaningful careers to Bed-Stuy residents

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Sara.Till

The agency itself is an illustration of emergency response; before BSVAC ambulance response time averaged around thirty minutes-- a far cry from the standard eight minutes aimed for by ambulatory agencies around the Capital region. The original goal of BSVAC was to cut down these times, thereby increasing patient outcomes and creating a sense of safety in a community rippling with gang and drug violence. In addition to this initial goal, BSVAC also reaches out to the surrounding community, teaching CPR, first-aid, and BLS to Bed-Stuy residents. This aids in emergency response, as CPR and first-aid measures can be delivered quickly to a patient even before the ambulance arrives. 

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Sara.Till

The organization of the group came from within the areas riddled with violence. As their commander is quoted in an article about the 27th anniversary, "People in the 'hood' had no chance. We had to wait for someone who did not look like us to come and save our lives." Commander Robinson is credited with starting the organization in an attempt to decrease wait times for emergency services in Bed-Stuy. Additionally, he and other ambulatory members regularly run EMT courses, aimed at pulling youth away from drug and gang related activities, providing them with an education and a future career. The agency, in many ways, has helped save multiple community members from a short and terrible life marked by violence.

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Sara.Till

As I mentioned in earlier answers, at the peak of the crack-cocaine epidemic, BSVAC was founded (1988). It took outside EMS agencies an average of 30 minutes to reach patients with Bed-Stuy, a time that is far too costly for major trauma patients. This causes the current Commander (formerly referred to as Captain) "Rocky" Robinson to begin a volunteer EMS agency within the city itself. Placing the agency in the city decreased response time significantly, with BSVAC now averaging a response time of less than 4 minutes. 

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Sara.Till

Currently, BSVAC survives on state and community funding. However, as recently as 2014 the agency was being funded by the Commander's pension and funds from re-mortgaging his home. At present time, BSVAC has also received a check from Councilman Cornegy for their timely, professional response to violent crimes involving police officers and for general service to the community. As it stands, BSVAC runs on a budget of approximately 250,000 per year, mostly through donations and legislative grants.