News: POLITICO New Jersey Playbook: NJEA gets Assembly GOP video taken down

Friday, August 26, 2022

POLITICO New Jersey Playbook: NJEA gets Assembly GOP video taken down

Aug 26, 2022

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By Matt Friedman

Presented by NextEra Energy Transmission

Good Friday morning!

There's a free speech fight brewing in New Jersey.

On Wednesday, Assembly Republicans made a parody video ad that featured the NJEA's logo, riffing on the union calling some of the parents who have showed up to local school board meetings to protest the new sex ed standards "extremists."

By Thursday morning, the video had been taken off YouTube "due to a copyright claim by the New Jersey Education Association."

Let's be clear: Some of the the people protesting these sex ed standards are extremists (see Nicholas Ferrara). And some have put out a lot of scare-mongering misinformation that's heavily centered on the trope of gay people "grooming" children. But getting a video pulled from a website doesn't help the NJEA's cause when they're being accused of trying to silence people.

"The NJEA's action only drives home the Republicans' point that they will stop at nothing to censor differing opinions, whether it is parents at board meetings or political speech in a video," Assembly Minority Leader John DiMaio (R-Warren) said in a statement.

DiMaio didn't say whether Assembly Republicans would appeal to YouTube. But this brings up the concept of "fair use." The video was clearly a parody and marked as such. It's also political speech. And while I'm no lawyer (I contacted a couple but nobody wanted to comment), I watched Nathan Fielder's brilliant "Dumb Starbucks" sketch, so I'm pretty much an expert on copyright law anyway. I think this video would likely qualify as fair use. And you may recall that Sesame Street wanted the Obama campaign to take down this ad, but there it is, still on YouTube .

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 191

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com

HAPPY BIRTHDAY — Former Sen. Robert Torricelli, former blogger Michael Illions. Saturday for Atlantic City Councilmember Bruce Weekes. Sunday for my mom, PR guy Steve Lenox, attorney Rachael Brekke, Murphy staffer Raj Bath.

WHERE'S MURPHY? A mysterious out-of-state location. He's scheduled to return to New Jersey tonight.

QUOTE OF THE DAY: "Staff members for your team claimed to have paid for the sponsorship at the door on the convention, showing our volunteers an online donation that was not yet submitted … Given your payment delinquency, it is now clear to us that this was not a mistake, but an intentional and successful attempt to mislead our volunteer and organization." — The Morris County GOP in a small-claims lawsuit against former pastor/gubernatorial candidate/11th District congressional candidate/7th District congressional candidate Phil Rizzo.

PROGRAMMING NOTE — NJ Playbook will be off next week. I'll return to your inbox on Tuesday, Sept. 6.

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NextEra Energy is the world's largest generator of clean, renewable energy from the wind and sun. We have unrivaled experience completing complex, large-scale energy projects, doing them on time and on budget while putting customers first, prioritizing the environment, and working with local communities to create jobs and limit disruptions. It's what we do and what we'll do for New Jersey. That's because NextEra Energy Transmission is committed to empowering a greener New Jersey.

WHAT TRENTON MADE

REDISTRICTING — "After internal review, Princeton clears Sam Wang, but doesn't release report ," by New Jersey Globe's David Wildstein : "Princeton University has cleared embattled Princeton Gerrymandering Project director Sam Wang of allegations that he manipulated data as an advisor to the independent tiebreaker on the New Jersey Congressional Redistricting Commission after an internal investigation but did not release any reports detailing their findings. Michael E. Hotchkiss, a spokesman for Princeton University, told an election law blog, that an ad hoc committee of faculty members 'carefully reviewed the allegations of research misconduct lodged against Dr. Wang, and found those allegations to be without merit.' The Dean of the Faculty has accepted the committee's findings, and the matter is now considered closed,' Hotchkiss said. 'Any other investigations involving Dr. Wang have been completed and closed with no findings of policy violations.' It's not clear how thorough Princeton was in their internal investigation of their own tenured professor, since they never interviewed New Jersey party leaders."

WHY PUNISH THEM FURTHER? — " Push to restore jury eligibility for people with criminal convictions gains steam," by New Jersey Monitor's Nikita Biryukov: "New Jersey lawmakers will seek to end a long-standing prohibition on jury service for people with criminal convictions when the Legislature returns in the fall. State law places a lifelong prohibition on jury service for anyone convicted of an indictable offense. Those include major crimes like rape and murder and relatively minor offenses like criminal trespass. The inclusion of lesser crimes makes New Jersey's jury service prohibition among the strictest in the nation … 'We're stopping a whole group of people that are supposedly free. Why are we still penalizing them or being punitive when we should be inclusive?' said Assemblywoman Verlina Reynolds-Jackson (D-Mercer), the prime sponsor of a bill to expand jury eligibility. 'They should be a part of it.'"

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

GO TO THE HEAD OF THE CLASS ACTION — "Thousands of parents may join class action suit over special education delays in N.J.," by NJ Advance Media's Tina Kelley: "In 2019, parents of ten children with disabilities filed suit against the New Jersey Department of Education for taking too long to resolve disputes about how their children should be educated. On Friday, a federal district judge ruled that their case could become a class action suit, potentially including an estimated 15,000 families who say students have been harmed over the years by administrative delays. In his ruling, U.S. District Judge Noel L. Hillman allowed two groups of parents to proceed in class action suits – those asking for the state Department of Education to fix its broken dispute resolution system for current and future students, and one seeking justice for students in past years who were kept waiting too long."

—"Don't discriminate against tenants with criminal records, N.J. warns 30 landlords"

— " Rooney bill would require weed – and only weed – to be stored securely"

—McKeon: "N.J. assemblyman: Let's all boycott states that ban abortions "

—Opinion: "I'm suing NJ to fix election laws. Why? We need fusion voting"

—" N.J. residents owe $43B in student loan debt. Here's who could see that erased"

—"Gas companies still 'robbing' NJ drivers, [Pascrell] says "

BIDEN TIME

STUDENT DEBT — "In competitive N.J. Districts, Biden's student loans plan draws bipartisan skepticism," by New Jersey Globe's Joey Fox: "In their respective statements, the two Republicans effectively dared their Democratic opponents to oppose the plan; Healey said he 'won't hold [his] breath' waiting for Rep. Andy Kim (D-Moorestown) to stand up against Biden. But perhaps to their surprise, both Kim and Rep. Tom Malinowski (D-Ringoes) have responded that they don't support directly canceling student debt the way Biden intends to do. 'I've never supported canceling student debt with taxpayer funds,' Malinowski said yesterday on Twitter. 'I strongly support more generous income based repayment and attacking outrageous predatory interest rates that trap young people in endless debt even if they make their payments.' (A spokesperson for Malinowski clarified today that while the congressman opposes one-time debt cancellation, he does support a related Biden proposal to cap debt payments at 5% of income.) Kim agreed that attacking 'absurdly high interest rates" would have been a better approach, and that one-time debt forgiveness isn't an ideal solution.'"

GOTTA WONDER — Is this Megan Coyne bringing some Jersey attitude to the White House's Twitter account? She just started at its Office of Digital Strategy.

A message from NextEra Energy Transmission:

LOCAL

THE DECISION HIT THE PLAINTIFFS LIKE A RUNAWAY SUV — "Plaintiffs suffer stinging defeat in ward map lawsuit ," by The Jersey City Times' Aaron Morrill: "[A] judge delivered a stinging defeat to plaintiffs in a lawsuit challenging Jersey City's recently enacted ward map. Brought by Ward F Councilman Frank Gilmore and a coalition of local organizations, the lawsuit sought to invalidate a controversial map that redrew the boundaries of Jersey City's six wards. In a lengthy written opinion delivery from the bench, Hudson County Superior Court Judge Joseph A. Turula methodically addressed and ultimately dismissed each of the plaintiffs' claims, finding, among other deficiencies, that the plaintiffs had failed to file the case in a timely manner… The map was adopted by the Jersey City Ward Commission on January 22 despite overwhelming public opposition and claims that the Commission, headed by Mayoral Chief of Staff John Minella, had acted to disempower newly elected Ward F Councilman and mayoral critic Frank Gilmore."

PROGRESS: FEWER TRIPS FOR MORE MONEY — "Seastreak gets NJ judge OK to boot NY Waterway off Belford ferry route ," by The Asbury Park Press' Michael L. Diamond: "Monmouth County properly awarded a contract for ferry service between Belford and Manhattan to Seastreak, a state Superior Court judge has ruled, clearing the way for a new operator to take over the route. Judge David F. Bauman denied the request by NY Waterway to order the county to rebid the contract. He wrote instead that the ferry company didn't meet the requirement from the bid proposal that it have a Consent of Surety to prove it could continue to operate in case of financial trouble … Seastreak has proposed 11 daily trips during weekdays with a ticket price of $28 one way … NY Waterway filed a lawsuit in July after losing the contract over what it said was a technicality, despite claiming its proposal of 16 daily trips during weekdays with a ticket price of $21.50 each way was more favorable to passengers."

SPRINGTIME FOR HITLER IN BERGENY — "Democrats' Facebook post depicting Nazi salute stirs ire in this Bergen town," by The Record's Megan Burrow: "A recent post on the Rutherford Democrats Facebook page is stirring controversy a little more than two months before the borough is set to elect two new council members. The post depicts the Statue of Liberty's hand and torch in blue with the word "This" and another arm to its right making a Nazi salute in red with the words 'Not This.' The message urges people to vote on Nov. 8. The picture was posted Aug. 10 and was later removed, but not before a resident, Bonnie DiFiglia-Corcoran, took a screenshot of the image and posted it to her own account. 'You don't put down blue is a vote for liberty and then the Nazi sign for a red Republican. I was mortified,' said DiFiglia-Corcoran, an independent who said she votes based on local issues, not political party. 'To label people like that without knowing who they are is uncalled for.'"

THE BATTLE OF SANJUAN STAIRS — "West New York assistant principal who concocted slip-and-fall story reinstated in appellate court ruling ," by The Jersey Journal's Ron Zeitlinger: "A West New York assistant principal who was demoted by an arbitrator for fabricating a slip-and-fall story must be reinstated, an appellate court panel ruled. In an 18-page decision released Thursday, the panel ruled that the arbitrator in the case overstepped his authority in demoting Amada Sanjuan to a grade-school teaching position … The West New York school district attempted to fire the tenured Sanjuan, who was promoted to assistant principal at Memorial High School in 2019, over the Feb. 12, 2020 incident at the high school in which Sanjuan fell down a set of stairs. Sanjuan was tended to at the bottom of the stairs after her fall, but when left alone for a moment, Sanjuan was seen in school surveillance camera footage getting up, walking halfway up the stairs and placing a piece of paper on a stair. When those providing aid returned, Sanjuan pointed out that the piece of paper caused her fall."

R.I.P. — "South Toms River mayor dies at 66," by Patch's Michelle Rotuno-Johnson: "Greg Handshy, mayor of South Toms River, has died at the age of 66. Handshy died Sunday, according to Anderson & Campbell Funeral Home. His cause of death has not yet been released. He served as councilman from 2013-2015 and again from 2017-18, and became mayor in 2019, the borough said."

—"'No choice': West Milford may shut school to deal with declining enrollment, state aid "

—"Essex jail supervisor sexually harassed me at work, corrections officer says in suit"

—"Residents of Newark track trucks to highlight air pollution"

— " Manchester local race is critical for Gilmore's Return to power "

—"North Ward candidates pledge to do better, be better for Trenton after 4 years of strife"

—"Critics, candidates spar with Randolph BOE as new health curriculum is approved"

—" After nearly 3 years, judge dismisses Hoboken campaign finance case against DeFusco"

INTRODUCING POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don't miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY.

EVERYTHING ELSE

CHRIS PERNELL PASSED OVER FOR CHRIS PARNELL, WHO WILL REPRISE HIS ROLE AS DR. SPACEMAN — "N.J. hospital administrator resigns. Executive was candidate for CEO position ," by NJ Advance Media's Elizabeth Llorente: "University Hospital announced the resignation Thursday of its health equity officer, an administrator many local and state leaders viewed as a strong contender to be its next chief executive. Dr. Chris Pernell will leave her post as chief integration and health equity officer effective Sept. 2, the Newark hospital said in a statement. Pernell was stepping down 'to pursue new opportunities,' the statement said. University did not provide further details. Pernell declined to comment when reached about the announcement. The news comes just months after more than 100 state and local leaders called on Gov. Phil Murphy and the University Hospital board of directors to name Pernell, 46, as the next CEO, succeeding Dr. Shereef Elnahal."

AMAZON — "Did NJ worker's death lead Amazon to install new air conditioning? It won't say," by WNYC's Louis C. Hochman: "Amazon won't say whether the installation of new industrial air conditioning systems at its Carteret, New Jersey warehouse was prompted by an employee's recent death there — or by worker complaints about intense heat. But the company was resolute in a statement provided to Gothamist this week, reiterating that the July 13th death — during Amazon's two-day Prime Day promotion — wasn't related to working conditions, despite what employees and union leaders have described to multiple news outlets as a sweltering work environment."

NJ HAS THE BEST CAT POOPING OPPORTUNITIES — "How much sand has been brought in to battle erosion on New Jersey beaches? Enough to fill 62,000 Olympic swimming pools," by The Philadelphia Inquirer's Anthony R. Wood: "The erosions are still in progress, and unless checked will … result in further loss of physical property." That was the conclusion reached in 1922 by a team of experts in a landmark analysis of New Jersey beaches' never-ending battle with the Atlantic. A century later, despite sinking land and rising seas in a warming climate, the beaches fronting $80 billion worth of real estate on the barrier islands have endured. That's thanks greatly to the U.S. Army Corps of Engineers; taxpayers; and about 200 million cubic yards of piped-in sand. That's enough to fill more than 62,000 Olympic-size swimming pools. No state has had more sand pumped on its beaches than New Jersey, and more than $50 million worth of beach-nourishment projects are in the pipeline for the fall. Why do this? It works, most of the time. But it has cost more than $2 billion so far. Can this go on?"

—Mulshine: "Congestion pricing in Manhattan: Are the New Yorkers going a bridge too far?"

—"Life after prison: How formerly incarcerated people in NJ step up to help the newly released"

A message from NextEra Energy Transmission:

NextEra Energy didn't become the world's largest generator of wind and solar power overnight. We've been building and operating large-scale energy projects across North America for decades and powering New Jersey for nearly a quarter-century. Our first solar farm in the Garden State was built in West Deptford. Yet, our contributions have gone far deeper—from counseling local businesses on how to reach clean energy goals and operating battery storage facilities to providing dozens of solar sites on buildings from Cape May to High Point and working to help New Jersey reach its offshore wind goals. We know how to get big, complex projects done on time and on budget. We power homes, neighborhoods, and entire cities, all while putting customers first, prioritizing the environment, and working with local communities to create jobs and limit disruptions. NextEra Energy Transmission is committed to empowering a greener New Jersey.