Former Jan. 6 probationer Daniel Goodwyn finished his one-year term of court supervision by censoring his own constitutionally protected speech for fear of being arrested for publishing so-called “disinformation” for which a federal court had ordered monitoring of his computers and internet communications, his attorney says. Even though the U.S. Court of Appeals originally struck down the “disinformation” monitoring order in February, a district court reimposed it in June and refused the defendant’s emergency motion to stay the ruling pending appeal. Since then, the U.S. Court of Appeals has twice refused to intervene as the clock runs out on the case. “This is lawfare, not justice,” defense attorney Carolyn Stewart told Blaze News minutes after the U.S. Court of Appeals for the District of Columbia Circuit refused her Aug. 28 motion for an injunction in the case. “This is not the end, since tyrants in the DOJ and the D.C. judiciary are trying to kill the First Amendment and imprison political opponents for speech,” Stewart told Blaze News. “If Elon Musk can fight Brazil and the D.C. backstabbers, we can fight D.C.” 'The condition is being imposed as punishment and restraints on speech for holding viewpoints that disagree with the government.' In a Sept. 3 per curiam order, circuit Judges Robert Wilkins, Neomi Rao, and Gregory Katsas denied the motion for an injunction, saying Goodwyn had not “satisfied his burden” to show why it was impracticable to seek relief from the district court. Senior District Judge Reggie Walton, the author of the original and reinstated disinformation monitoring orders, refused all defense motions for reconsideration and for a stay pending appeal. The Court of Appeals panel deferred action on federal prosecutors’ motion to dismiss the appeals case as moot because Goodwyn is no longer under court supervision. On Aug. 6, the panel had refused the defense motion for an emergency stay of Judge Walton's monitoring order. Despite Goodwyn’s scheduled Aug. 25 release from court supervision, Stewart filed for an injunction that said Goodwyn lost employment due to unconstitutional court monitoring of his speech and now faces having to remove government spyware from his devices or replace them at a cost of $10,000. The government claims it never began the disinformation monitoring because of the pending appeal. “Goodwyn errs in assuming that computer monitoring actually occurred,” Assistant U.S. Attorney Elizabeth Danello wrote in a court filing. “If he had filed this motion in the district court, the government would have established that the Probation Office in fact never installed any monitoring software because of Goodwyn’s appeal.” Daniel Goodwyn at the U.S. Capitol on Jan. 6, 2021 (left), and at a Fourth of July celebration. Photos courtesy of Daniel Goodwyn While the government denies having actually begun monitoring Goodwyn's devices, his lawyer says the government submitted specific information it could only have obtained "by accessing internal website posting data and Mr. Goodwyn's computer activity" in its argument for why he should be monitored. Stewart said the court-ordered speech restrictions were put in place “without reasonable suspicion of any crime, despite there being no use of a computer or internet to commit any crime, and the condition is being imposed as punishment and restraints on speech for holding viewpoints that disagree with the government.” Goodwyn’s Jan. 6 misdemeanor trespass case has emerged as a First Amendment harbinger that Stewart says if left unresolved by an appeals court could become a template to imprison people for speech the government does not like. 'I doubt that the vague and broad prohibition on spreading "disinformation" about January 6 would survive First Amendment scrutiny.' “If this court denies the motion, the use of computer restrictions and monitoring as a punishment for protected speech and to chill viewpoints by not only Judge Walton but other judges in the lower court will spread like a virus,” Stewart wrote. “This is a matter of great public interest — making the matter not moot.” Need to disinfect computers Goodwyn has suffered substantial and irreparable harm because the Court of Appeals that struck down the disinformation monitoring in the first place refused to grant a stay while the new appeal was pending, she said. “Since monitoring — a spying program — requires no physical on-site software installation, we do not know what was remotely installed and by who,” Stewart told Blaze News. “We have facts that show monitoring was conducted. Yet the government opposes transparency. I call that tyranny.” The unusual case involves a running battle between Judge Walton and Goodwyn, 35, of San Francisco, who was convicted of one misdemeanor count of trespassing for his 36 seconds inside the U.S. Capitol on Jan. 6. Judge Walton took umbrage at Goodwyn’s appearance on the March 14, 2023, episode of “Tucker Carlson Tonight” on Fox News. The judge claimed Goodwyn spread “disinformation” and “misinformation” about Jan. 6 during the broadcast and minimized his own role in the protests at the Capitol. For those reasons, Judge Walton added a special condition to Goodwyn’s sentence in June 2023, directing U.S. Probation and Pretrial Services to monitor his computer and internet communications for so-called “disinformation” without defining the term, how it should apply to Jan. 6, or saying who would decide what was true or false. Stewart filed a notice of appeal with the U.S. Court of Appeals for the District of Columbia Circuit on June 30, 2023. She filed a brief in the case in September 2023. On Feb. 1, 2024, the Court of Appeals vacated the “disinformation” monitoring order. A three-judge panel wrote that Judge Walton “plainly erred” by not considering whether the computer monitoring “was ‘reasonably related’ to the relevant sentencing factors and involved ‘no greater deprivation of liberty than is reasonably necessary’ to achieve the purposes behind sentencing.” 'Goodwyn is likely to prevail on the merits and has shown an immediate irreparable injury.' Shortly after the Court of Appeals sent the case back to Judge Walton for further proceedings, Walton ordered Goodwyn to “show cause” why the disinformation monitoring that had just been struck down should not be reinstated. During a “show cause” hearing June 27, Judge Walton reinstated the monitoring provision, decreeing that he satisfied the objections raised by the Court of Appeals and refusing Stewart’s emergency motion for a stay of his order pending appeal. Judge Katsas dissented in the Court of Appeals’ Aug. 6 refusal to grant Goodwyn a stay. The restriction of Goodwyn’s speech would not survive judicial scrutiny and Goodwyn is likely to prevail on appeal, Katsas wrote. “Goodwyn appealed and moved for a stay. I would grant the motion because in my view Goodwyn is likely to prevail on the merits and has shown an immediate irreparable injury,” Katsas said in a two-page dissent. The First Amendment to the U.S. Constitution “significantly limits the government’s ability to prohibit speech that is false,” Katsas wrote in his dissent. That includes advocating the use of force and speech couched as threats, he said. Wouldn't survive scrutiny “On this record, I doubt that the vague and broad prohibition on spreading ‘disinformation’ about January 6 would survive First Amendment scrutiny under these standards,” Katsas wrote, “which recognize that the ‘language of the political arena … is often vituperative, abusive, and inexact.’” This legal factor supports Goodwyn regardless of his further claim that being monitored by the government for his speech would cause him to lose his job as a journalist, Katsas said. “With the two most important stay considerations favoring Goodwyn and with no public interest in enforcing likely unlawful speech restrictions, I would grant the motion for a stay,” Katsas wrote. Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!

The end of August marked a new era in Oregon: Possession of certain drugs is a crime once again. The state legislature voted back in March on a pair of bills that recriminalized possession, making it a misdemeanor punishable by up to 30 days in jail for probation violations or 180 days in jail if a judge revokes probation, according to Axios at the time. Governor Tina Kotek (D) signed them into law in April. The new laws recriminalizing drug possession took effect September 1. Most of the state's counties, however, have also decided to offer a "deflection" route for people arrested for possession. They can go to jail or decide to be connected to resources to seek treatment. There were also problems with how the state's health department managed the grants for substance abuse programs. — (@) The state's response to the worsening drug epidemic was because of voters having remorse over Measure 110, which passed with 60% of the vote in 2020 to make possession of drugs like methamphetamine and fentanyl no longer a crime. As a result, parts of the state, like downtown Portland, became open drug dens that posed a risk to public safety. Businesses closed in Portland in part because of the conditions created by Measure 110. For example, a Buffalo Wild Wings was shut down over concerns that the area surrounding the restaurant became a “haven for crime and drug use.” The city said the franchise did not pay rent despite trying to alleviate the company's safety concerns, the Oregonian reported. The Washington Post reported part of Measure 110's failure was the state's lack of resources to provide treatment for drug users who opted to seek help. There were also problems with how the state's health department managed the grants for substance abuse programs. Drug Policy Alliance, which was a big proponent of Measure 110, criticized the state's response to the drug epidemic."Measure 110 had major successes but was scapegoated by corporate interests & drug war defenders. It provided over $300M for health services and increased the number of people entering voluntary treatment by 205%. These successes can’t be downplayed or attributed to H.B. 4002," DPA said. — (@) Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!

Breonna Taylor became a symbol of the Black Lives Matter movement when she was shot and killed by Louisville police — but the narrative surrounding her death has done a 180. Years later, those who jumped to demonize the police have been proven wrong after a judge ruled that Taylor’s boyfriend, Kenneth Walker, was the individual whose actions led to her death, not the Louisville police. But that didn’t stop the cops present on the scene from being smeared by celebrities, politicians, the media, and activists. This is why Sgt. Jonathan Mattingly is telling Jason Whitlock of “Fearless” — who calls the outrage following Taylor’s death a “racial hoax” — what really happened on Friday, March 13, 2020. That night, Mattingly was serving a warrant in a drug investigation — and was initially lauded as a hero for his actions. “Something happened, and I’m not sure when it took place, but it was fairly quickly,” Mattingly tells Whitlock. After the shooting, Mattingly was in surgery to repair his femoral artery, which was severed when he was shot by Walker. “That night we went, and they said knock and announce, because Jamarcus Glover, he’s not at this location,” Mattingly explains. “So I said, ‘That’s fine.’ They said, matter of fact, she’s a heavy-set black female, give her extra time to come to the door.” “After about a minute, no answer, my lieutenant says, ‘Go ahead, and hit the door.’ The breacher hits the door, when it comes open, I’m standing on the left of it. He’s on the right of it,” Mattingly continues, noting that the situation inside was strange. “Normally people are giving up, they’re hiding, or they’re running. There’s never two people down a hall just in wait, and by the time my mind’s registering this, and I get my gun around to them, I see the tip of Kenneth Walker’s silver gun, and it’s too late.” “Boom, shots fired, I feel the impact on my leg, I return four rounds and get behind the door. He dives into a room as soon as he shoots and leaves Breonna in the hallway. She attempts to follow him in the room ‘cause her feet crossed the threshold of the door, where she then fell back,” he explains. “So she ran into the line of fire, chasing this guy who had abandoned her in the hallway,” he adds. Want more from Jason Whitlock?To enjoy more fearless conversations at the crossroads of culture, faith, sports, and comedy with Jason Whitlock, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution, and live the American dream.

Without a shadow of a doubt, Splitgate 2 is my most anticipated new FPS game right now, and its debut during its closed alpha showed off exactly how it intends to evolve the epic, portal-based action of the original. However, as with any alpha, there was plenty of room for improvement, and developer 1047 Games has just revealed some of its key learnings and changes that it will be making to the game. Continue reading Splitgate 2 to make big changes and develop new maps following alpha MORE FROM PCGAMESN: Best FPS games, Best free PC games, Best multiplayer games

Developer Teyon has made a name for itself by bringing beloved 1980s properties to life in videogame form with a staggering attention to detail. Robocop Rogue City managed to put players in the steel boots of Alex Murphy and create one of the finest FPS games of 2023, complete with green targeting reticles and that theme tune. Back in 2019 the team also did the same with Terminator Resistance, and now you can get it for an all-time low price. Continue reading Underrated FPS Terminator Resistance hits historical low in big sale

Despite only being announced just over a month ago, today’s the day that new free-to-play tactical shooter Spectre Divide opens its doors. It’s been a rapid turn around from reveal to release date, and with backing and development input from star streamer Michael ‘shroud’ Grzesiek and a team of devs with a love of Counter-Strike, it’s no surprise to see it launch with strong player counts. However, it’s not all been smooth sailing, as server issues and long queue times have seen it launch to a ‘Mixed’ reception on Steam. Continue reading Spectre Divide launches with strong player count but mixed reviews MORE FROM PCGAMESN: Best FPS games, Best free PC games, Best multiplayer games

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Image: The Verge In a reversal, Starlink says it’s “complying with the order” to block access to X in Brazil. The company previously refused to restrict X unless Brazil unfroze its financial assets. Starlink, the satellite internet company controlled by Elon Musk, has been caught in the crosshairs of an ongoing feud between the billionaire, who also owns X, and Brazilian Supreme Court Justice Alexandre de Moraes. In addition to imposing a ban on X over the spread of misinformation, the Brazilian justice also handed down an order that prevents Starlink from performing financial transactions. The move was supposed to coerce X into paying $3 million in fines for failing to block accounts flagged by the Brazilian government, as reported by The New York Times.... Continue reading…