Posts Tagged ‘court’

TLP: WTF, FCC?

TLP: WTF, FCC?

Courtesy of Jr. Deputy Accountant 

fcc vulgarity
credit: The Boston Phoenix

Are they just trying to stay busy at the FCC? Because I can’t think of another logical explanation for this.

AP via the NYT:

Federal regulators are appealing a recent court decision that struck down a 2004 government policy that says broadcasters can be fined for allowing even a single curse word to be uttered on live television.

A three-judge panel of the United States Court of Appeals for the Second Circuit in New York threw out the Federal Communications Commission policy last month, saying it was unconstitutionally vague.

In a filing on Thursday, the F.C.C. and the Justice Department asked the court to reconsider the decision, warning that the ruling appears to undermine the F.C.C.’s entire approach to regulating indecency on the airwaves.

In a statement, the F.C.C. general counsel, Austin Schlick, said the ruling raised “serious concerns about the commission’s ability to protect children and families from indecent broadcast programming.”

The agencies want the three-judge panel or the full court to reconsider the decision.

The commission has stepped up broadcast indecency enforcement — issuing record fines for violations — spurred in part by public outrage after Janet Jackson’s breast-baring performance during the 2004 Super Bowl halftime show.

The agency put its “fleeting expletive” policy in place in 2004 after repeated instances of profanity by celebrities, including Cher, Nicole Richie and Bono, during the live broadcasts of awards programs.

Here’s a better idea: tell children how idiotic awards shows are and maybe they won’t watch them. Their little brains won’t be polluted with the drivel that comes out of celebrity mouths and they’ll miss the odd curse word. It’s a win-win. A f*&king brilliant win-win. 


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TLP: About F#^king Time

TLP: About F#^king Time

Courtesy of Jr. Deputy Accountant 

court profanity
Yeah, but what about intentional f-bombs?

NYT:

A federal appeals court struck down a Federal Communications Commission policy on indecency Tuesday, saying that regulations barring the use of “fleeting expletives” on radio and television violated the First Amendment because they were vague and could inhibit free speech.

The decision, which many constitutional scholars expect to be appealed to the Supreme Court, stems from a challenge by Fox, CBS and other broadcasters to the F.C.C.’s decision in 2004 to begin enforcing a stricter standard of what kind of language is allowed on free, over-the-air television.

The stricter policy followed several incidents that drew widespread public complaint, including Janet Jackson’s breast-baring episode at the 2004 Super Bowl and repeated instances of profanity by celebrities, including Cher, Paris Hilton and Bono, during the live broadcasts of awards programs. The Janet Jackson incident did not involve speech but it drew wide public outrage that spurred a crackdown by the F.C.C.

In a unanimous three-judge decision, the Court of Appeals for the Second Circuit in New York said that the F.C.C.’s current policy created “a chilling effect that goes far beyond the fleeting expletives at issue here” because it left broadcasters without a reliable guide to what the commission would find offensive.

The appeals court emphasized that it was not precluding federal regulation of broadcast standards. “We do not suggest that the F.C.C. could not create a constitutional policy,” the court said. “We hold only that the F.C.C.’s current policy fails constitutional scrutiny.”

So the court gives the FCC a fleeting "F" for FAIL. And the best part is that the judges totally let loose with all kinds of profanity in the ruling. 


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Internet Foreclosure “Myths”

Internet Foreclosure “Myths”

Foreclosure sign taped to a front door.

Courtesy of Patrick Pulatie, originally published at The Implode-O-Meter Blog

Just over two and one half years ago, I began to work with homeowners facing foreclosure. At that time, there were two or three websites that had any information on foreclosure prevention and any viable defenses to foreclosure. Since that time, starting in late 2008, and throughout 2009, there has been an explosion of websites featuring foreclosure information. This has been both good and bad for the homeowner facing foreclosure; good because homeowners have been able to learn much about their situation, and know that they were not alone, but bad because there is much “inaccurate” information about foreclosure defenses being presented. This article is intended to help the homeowner sort the good and the bad.

I write this knowing that I am going to receive significant negative feedback from many different sources. Some will be disputing what I write because they have heard of people with positive results. Some will argue because for them, the distribution of such information is part of their business model and the more people who know that what they “preach” is not effective, the less they will make. Others will disagree because I am at direct odds with certain people that they follow, ones who have high visibility, but have not stepped into court rooms in years. More will even argue that I side with the lenders.

There is a particular motivation for writing this. I receive phone calls daily and weekly from homeowners who have read these from sites, and are thinking that if they just do one thing or another, their problems will “magically” disappear. Others are Pro Se litigants, doing their own lawsuits instead of hiring attorneys. They want me to review their filings, advise them where they are wrong, or do Predatory Lending Examinations. I refuse to do this because I will not work with a person who does not have an attorney, and I am not an attorney and cannot give legal advice. The sad part is that in their filings, I can immediately spot so many errors that it is obvious that they should just start packing to move.

The criteria for being considered a "myth" includes the probability of a desired outcome, and/or…
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Here Comes THE JUDGE!

Here Comes THE JUDGE! **UPDATED** 

Courtesy of Karl Denninger at The Market Ticker

See also: Court Orders Federal Reserve to Disclose Emergency Loan Details, Bloomberg.

 
 


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Indiana Pension Funds Move To District Court To Block Chrysler Sale

Courtesy of Tyler Durden at Zero Hedge

Indiana Pension Funds Move To District Court To Block Chrysler Sale

In a last ditch effort to stall the Chrysler sale, the Indiana Pension Fund has moved its objection to the 363 sale away from Gonzalez who flatly denied the plaintiff’s objection, and have moved it, with the assistant of White & Case’s Tom Lauria to NY Southern District Court. A hearing with Judge Thomas Griesa commenced at 11:45am today, ahead of tomorrow’s bankruptcy court hearing to approve the sale. From the memorandum filed in district court (attached below in its entirety):

Rather than pay the secured creditors as required, the Debtors – at the Government’s direction – are essentially transferring the Collateral with any value to New Chrysler and then divvying up the majority of that value among unsecured creditors (the United Auto Workers (“UAW”)) and third parties (the US Treasury Department and Fiat).

In response to this action, the U.S. Treasury Department had the following retort: "Put simply, it is nothing more than a last-ditch, eleventh-hour effort by a dissident faction of the debtors’ senior secured lenders to obstruct and impede core matters in Chrysler’s chapter 11 cases from being heard in bankruptcy court, which is the proper forum."

While it is unclear how quick the turnaround on the case should be, and just how the two venues would interact, at this point it is safe to say that Lauria is willing to take this matter to the Supreme Court if need be (and need likely will be). He better hurry before brand spanking new Obama nominee Sotomayor is inducted.


Indiana Pension Funds Objection – District Court

 

 


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Digital Currencies

BDC's Crypto Corner

Hello fellow PSW-ers, it's biodieselchris here. I've been an interested in cryptocurrencies (informally, "cryptos" or "coins") since 2011 when I first heard about Bitcoin, Since that time I've become somewhat of a subject matter expert and personal investor in Bitcoin and other alternative cryptocurrencies ("altcoins"). I have even started one of my own!

I've been posting comments about cryptos in Phil's daily post from time to time. Recently, Phil and I got on a call and he asked if I would like to run a blog on his site specifically about cryptos, which I thought was a great idea. My goal would be to educate members on what I know about how coins work, how I research coins (what I find interesting), how exactly one can invest (buy, hold, and sell) coins and a basic, easy-to-follow general how-to on all things crypto. In addition, other members have expressed an interest in learning more direc...



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Phil's Favorites

News You Can Use From Phil's Stock World

 

Financial Markets and Economy

Now's a great time to be a stock picker (Business Insider)

Companies in the S&P 500 are moving independently of one another to an extent rarely seen, and that's good news for stock pickers.

The World’s Advanced Economies Should Think Twice About Curbing Migration (Bloomberg)

Analysis of United Nations data by Fitch Ratings shows halting immigration would drastically reduce the potential working population of Group-of-Seven nations, leaving aging societies more dependent on a smaller labor force and resulting in greater f...



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Zero Hedge

Paul Craig Roberts Asks "If This Is Freedom And Democracy, What Is Tyranny?"

Courtesy of ZeroHedge. View original post here.

Authored by Paul Craig Roberts,

“Our problem is civil obedience. Our problem is the numbers of people all over the world who have obeyed the dictates of the leaders of their government and have gone to war, and millions have been killed because of this obedience… Our problem is that people are obedient all over the world, in the face of povert...



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ValueWalk

Schwarzman Makes 'A Rigged Game Worse,' Democrats Say

By International Business Times. Originally published at ValueWalk.

Schwarzman Makes ‘A Rigged Game Worse,’ Democrats Say

Wisconsin Democratic Sen. Tammy Baldwin became the first federal lawmaker to call for Blackstone CEO Stephen Schwarzman to recuse himself from Trump administration policy that affects Schwarzman’s private equity firm. Baldwin’s criticism was echoed by the senior Democrat on the Senate Banking Committee, which oversees many of the economic issues Schwarzman has been working on with…

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By Financial Times [CC BY 2.0], vi...

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Chart School

Nasdaq Technicals Net Bullish as Breakout Readies

Courtesy of Declan.

Things looking good for the Nasdaq as technicals return net bullish after a brief period of bearishness. This coincided with the index nestled against resistance helped by Friday's tight intraday action.  The index is nicely placed for a breakout on Monday, especially given the relative out-performance of the Nasdaq against its peers.


As with the Nasdaq, the Nasdaq 100 also sits on the verge of a breakout, but unlike the aforementioned index its technicals are not yet net bullish.

...

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Market News

News You Can Use From Phil's Stock World

 

Financial Markets and Economy

Wall Street gears up for busiest earnings week in years (Reuters)

Corporate America is set to unleash its biggest profit-reporting fest in at least a decade next week, with more than 190 members of the S&P 500 index .SPX delivering quarterly scorecards, according to S&P Dow Jones Indices data.

Draghi Says ECB Hasn’t Seen Evidence of Durable Eurozone Infl...



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Members' Corner

Should I buy that stock?

Courtesy of Phil Stasukaitis (pstas)

I was asked by my local investment club to do a presentation on "how to buy a stock?" As I pondered the question, I began by noting all the elements that I monitor regularly and which come in to play as part of my decision process. As the group is comprised novices to experts, I tried to gear my discussion to cover both basics and more advanced concepts.

Four Part Discussion

  1. Macro Economic Indicators
  2. Market Indexes
  3. Fundamental Analysis
  4. Technical Analysis

1. Macro Economic Indicators

We'll start with reviewing some basic concepts and measurements that have direct effects on the stock market. 

A. Gross Domestic Product (GDP)

...

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Kimble Charting Solutions

Banks at risk if this support gives ways, says Joe Friday

Courtesy of Chris Kimble.

Regional and Large banks have done well since the election. Of late they have lagged the broad market and find themselves testing what could be very important support levels. Below looks at regional bank ETF (KRE).

CLICK ON CHART TO ENLARGE

KRE has experienced a rally that started in February of 2016. This rally picked up speed following the election last November, as KRE almost went verti...



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Insider Scoop

15 Biggest Mid-Day Gainers For Friday

Courtesy of Benzinga.

  • China Digital TV Holding Co., Ltd.(ADR) (NYSE: STV) shares jumped 33.9 percent to $1.70. China Digital TV declared a special cash dividend of US$1.50 per ordinary share.
  • Carver Bancorp Inc (NASDAQ: CARV) shares surged 31 percent to $5.23.
  • CAI International Inc (NYSE: CAI) rose 21.3 percent to $18.75 after the company reported upbeat quarterly profit.
  • Pernix Therapeutics Holdings Inc (NASDAQ: PTX) shares...


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OpTrader

Swing trading portfolio - week of April 17th, 2017

Reminder: OpTrader is available to chat with Members, comments are found below each post.

 

This post is for all our live virtual trade ideas and daily comments. Please click on "comments" below to follow our live discussion. All of our current  trades are listed in the spreadsheet below, with entry price (1/2 in and All in), and exit prices (1/3 out, 2/3 out, and All out).

We also indicate our stop, which is most of the time the "5 day moving average". All trades, unless indicated, are front-month ATM options. 

Please feel free to participate in the discussion and ask any questions you might have about this virtual portfolio, by clicking on the "comments" link right below.

To learn more about the swing trading virtual portfolio (strategy, performance, FAQ, etc.), please click here ...



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Mapping The Market

Bombing - Right or Wrong?

Courtesy of Jean-Luc

I am telling you Angel – makes no sense… BTW:

Republicans Love Bombing, But Only When a Republican Does It

By Kevin Drum, Mother Jones

A few days ago I noted that Republican views of the economy changed dramatically when Donald Trump was elected, but Democratic views stayed pretty stable. Apparently Republicans view the economy through a partisan lens but Democrats don't.

Are there other examples of this? Yes indeed. Jeff Stein points to polling data about air strikes against Syria:

Democr...



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Biotech

CAR-T & CRISPR - the Future is Now

Reminder: Pharmboy is available to chat with Members, comments are found below each post.

PSW Members....it has been a while since my last post, but since many have all been on the board following the chat, it is time for a scientific lesson in a few of the companies we are long.  In addition, another revolution is coming in the medical field, and it will be touched upon as well.

CAR-T - stands for Chimeric antigen receptors (CARs) and the T is for T-cell.  

From the picture above, T-cells are one cell type of our immune system that fight off infection as well as they are one player at keeping rogue cells from becoming cancerous. Unfortunately, cancer somehow evades the immune system and so it begins.

CAR-T came along in the late1980s via a brilliant scientist, Zelig Eshhar...



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Promotions

Free eBook - "My Top Strategies for 2017"

 

 

Here's a free ebook for you to check out! 

Phil has a chapter in a newly-released eBook that we think you’ll enjoy.

In My Top Strategies for 2017, Phil's chapter is Secret Santa’s Inflation Hedges for 2017.

This chapter isn’t about risk or leverage. Phil present a few smart, practical ideas you can use as a hedge against inflation as well as hedging strategies designed to assist you in staying ahead of the markets.

Some other great content in this free eBook includes:

 

·       How 2017 Will Affect Oil, the US Dollar and the European Union

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All About Trends

Mid-Day Update

Reminder: Harlan is available to chat with Members, comments are found below each post.

Click here for the full report.




To learn more, sign up for David's free newsletter and receive the free report from All About Trends - "How To Outperform 90% Of Wall Street With Just $500 A Week." Tell David PSW sent you. - Ilene...

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FeedTheBull - Top Stock market and Finance Sites



About Phil:

Philip R. Davis is a founder Phil's Stock World, a stock and options trading site that teaches the art of options trading to newcomers and devises advanced strategies for expert traders...

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Ilene is editor and affiliate program coordinator for PSW. She manages the site market shadows, archives, more. Contact Ilene to learn about our affiliate and content sharing programs.

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