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Montana judge keeps in place a ban on enforcement of law restricting drag shows, drag reading events_我的网站

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一 |     HELENA, Mont. -- A federal judge in Montana is continuing to block enforcement of a law that puts restrictions on drag shows and bans drag reading events in public schools and libraries, saying Friday that the law targets free speech and expression and that the text of the law and its legislative history "evince anti-LGBTQ+ animus.”The preliminary injunction, granted by U.S. District Court Judge Brian Morris, prevents enforcement of the law while a lawsuit filed on July 6 moves through the court process. Morris heard arguments over the injunction on Aug. 28.In briefs, the state argued “the Legislature determined sexually oriented performances and drag reading events to be indecent and inappropriate for minors,” and potentially harmful. Protecting minors from divergent gender expression is not the same as protecting minors from obscene speech, attorney Constance Van Kley argued for the plaintiffs during the Aug. 28 hearing.Montana law already protects minors from exposure to obscenities, the plaintiffs argued.“The state hasn't argued meaningfully that the speech targeted by (the new law) — beyond the obscenity already regulated — is potentially harmful to children," the plaintiffs argued in court filings.The state is not trying to establish a new obscenity standard in regulating drag performances, Assistant Attorney General Michael Russell said during arguments over the injunction. “We're arguing that they're indecent and improper for minors only,” and that the state has an interest to protect minors from that kind of conduct, he said.“No evidence before the Court indicates that minors face any harm from drag-related events or other speech and expression critical of gender norms,” Morris wrote in granting the injunction.Morris had granted a temporary restraining order against the law in late July, in time to allow Montana Pride to hold its 30th annual celebration in Helena without concerns about violating the law.The judge said the way the law was written would “disproportionally harm not only drag performers, but any person who falls outside traditional gender and identity norms.” He said the law did not adequately define actions that might be illegal and appears likely to ”encourage arbitrary and discriminatory enforcement."The law seeks to ban minors from attending “sexually oriented performances,” and bans such performances in public places where children are present. However, it does not adequately define many of the terms used in the law, causing people to self-censor out of fear of prosecution, attorneys for the plaintiffs argue. The law also made Montana the first state to specifically ban drag kings and drag queens — which it defined as performers who adopt a flamboyant or parodic male or female persona with glamorous or exaggerated costumes and makeup — from reading books to children in public schools or libraries, even if the performances do not have a sexual element. The law does not define terms like “flamboyant,” “parodic” or “glamorous,” Morris said in July.Enforcement can include fines for businesses if minors attend a “sexually oriented performance.” The law also calls for the loss of state licenses for teachers or librarians, and the loss of state funding for schools or libraries, that allow drag reading events to be held. It allows someone who, as a minor, attended a drag performance that violated the law to sue those who promoted or participated in the event at any time over a 10-year period after the performance. Montana’s law is flawed — like similar laws in Florida and Tennessee that have been blocked by courts — because it regulates speech based on its content and viewpoint, without taking into account its potential literary, artistic, political or scientific value, Morris found in July.The U.S. Supreme Court in 1972 set guidelines to determine whether something is obscene: Whether the work appeals to the prurient interest — a degrading or excessive interest in sexual matters; whether it depicts or describes sexual conduct in a patently offensive way; and whether the work lacks serious serious literary, artistic, political or scientific value.Like many Republican-led states, Montana’s conservative lawmakers have passed other laws targeting transgender people. The state's law banning gender-affirming medical care for minors has been blocked by a state judge. Montana's Republican-controlled legislature also passed a bill to define sex as only “male” or “female” in state law. That law was challenged this week, with arguments that it blocks legal recognition and protections to transgender, nonbinary and intersex residents.“It is absolutely impermissible for the government to deny benefits to a group of people on the basis of their straightforward hostility to them,” said Van Kley. In the “male” or “female” sex case, “there is pretty substantial evidence that the intent was to target transgender people,” Van Kley added.。    当地时间1月16日下午,美国加利福尼亚州莫斯兰丁(Moss Landing)储能电厂发生火灾,导致约2000人被疏散,加州北部的1号公路部分关闭。该电厂位于旧金山以南约124公里处,储存的锂电池用于储存太阳能等可再生能源产生的电能。此次起火的设施属于Vistra Energy的一个电池储能项目,这也是全球最大的储能电厂之一,拥有数万块储能电池。Vistra Energy是一家综合零售电力和发电公司,为美国21个州的400万住宅、商业和工业零售客户提供服务。此次火灾于1月16日下午3时开始,火势猛烈,浓烟滚滚。据蒙特雷县发言人称,截至1月17日凌晨,火势已得到一定程度的控制,并未蔓延到电厂以外。目前,火灾原因正在调查中,Vistra Energy在一份声明中表示,在发现火灾后,现场所有人都已安全撤离。起火设施附近另有一个由PG&E公司独立运营的Elkhorn储能项目,该项目采用特斯拉的256个Megapack电池单元,但特斯拉的电池或设施并未起火。

二 | 对于外界盛传的特斯拉电池引发火灾,特斯拉CEO埃隆·马斯克通过社交媒体紧急辟谣称,“特斯拉与此次事故无关,所有Megapack设备运行良好”。不过外界之所以怀疑Megapack,是因为2022年9月,莫斯兰丁的PG&E Elkhorn储能项目曾发生火灾,导致1号公路关闭达12小时。后续调查发现,此次事故是由该项目中256个Megapack单元里的一个通风口防护罩安装不当引发的,雨水渗入电池后造成了故障。外媒分析,此次火灾再次引发了对储能设施安全性的关注,尤其是在干燥气候条件下,储能设施的火灾风险需要进一步评估和管理。澎湃新闻记者 贺梨萍(本文来自澎湃新闻,更多原创资讯请下载“澎湃新闻”APP)。

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