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Supreme Court Tosses Civil Case Against Cosby

NNPA NEWSWIRE — Kathrine McKee is a former L.A. morning talk show host who alleges Cosby raped her in 1974 in a Detroit hotel room while she was on tour with Sammy Davis Jr., her boyfriend at the time.

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By Stacy M. Brown, NNPA Newswire Correspondent
@StacyBrownMedia

The U.S. Supreme Court on Tuesday declined review of a case brought by Bill Cosby accuser Kathrine McKee (McKee v. Cosby), who alleged being defamed when Cosby’s attorney characterized her story of being raped four decades ago as a fabricated lie.

In writing the concurring opinion for the court, Justice Clarence Thomas states, “We did not begin meddling in this area until 1964, nearly 175 years after the First Amendment was ratified. The States are perfectly capable of striking an acceptable balance between encouraging robust public discourse and providing a meaningful remedy for reputational harm. We should reconsider our jurisprudence in this area.”

The denial comes five months after the comedian was sentenced to three-to-10 years in prison for aggravated indecent assault.

Before finally weighing in on McKee’s case, the justices deferred consideration nearly a dozen times over the course of several months, a move the Hollywood Reporter speculated could have been the result of sensitivity surrounding the Capitol Hill confirmation fight over Brett Kavanaugh, who himself was accused of sexual misconduct.

Kathrine McKee and Sammy Davis Jr. on stage.

Kathrine McKee and Sammy Davis Jr. on stage.

McKee is a former L.A. morning talk show host who alleges Cosby raped her in 1974 in a Detroit hotel room while she was on tour with Sammy Davis Jr., her boyfriend at the time.

Cosby has consistently denied all the allegations against him.

The question presented in McKee’s petition was “whether a victim of sexual misconduct who merely publicly states that she was victimized (i.e., #metoo) has thrust herself to the forefront of a public debate in an attempt to influence the outcome, thereby becoming a limited-purpose public figure who loses her right to recover for defamation absent a showing of actual malice by clear and convincing evidence.”

Cosby’s attorneys presented the question a little differently: “Whether an actress who uses her celebrity status to gain access to national media outlets in order to publicly accuse an international entertainer — already in the midst o a public controversy concerning allegations against him — of additional misconduct is a limited-purpose public figure for purposes of defamation analysis.”

In defamation law, plaintiffs must demonstrate actual malice on the part of public figure defendants in order to prevail in a defamation claim. The precedent was established under the 1964 New York Times Co. v. Sullivan decision and has been extended via several similar cases brought before the court during the intervening 55 years. Per Justice Thomas, “Like many plaintiffs subject to this ‘almost impossible’ standard, McKee was unable to make that showing.”

Applied here, that would mean the statement by Cosby’s ex-attorney Marty Singer, in response to press reports of the alleged rape of McKee by Cosby, was knowingly false or had recklessly disregarded the truth, according to the Hollywood Reporter.

“I agree with the Court’s decision not to take up that factbound question. I write to explain why, in an appropriate case, we should reconsider the precedents that require courts to ask it in the first place,” writes Thomas. “New York Times and the Court’s decisions extending it were policy-driven decisions masquerading as constitutional law. Instead of simply applying the First Amendment as it was understood by the people who ratified it, the Court fashioned its own ‘federal rule[s]’ by balancing the ‘competing values at stake in defamation suits.’”

In 2017, the First Circuit Court of Appeals ruled that McKee was a public figure and that she couldn’t demonstrate actual malice.

“I am grateful to the United States Supreme Court and to the federal courts in Massachusetts for upholding the law in this case. I thank each of the Justices for their ruling, which gives me renewed hope that the fair and impartial courts in this country will go on to deliver justice,” Cosby said in a statement released through his publicist on Tuesday.

“This is the very reason, why I, [Bill Cosby] have no remorse because I am innocent and will continue to channel the strength of the great political prisoners. Finally the truth is being allowed to be heard and read by the public,” Cosby said.

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Community

D.A. Ursula Jones Dickson: Terminix to Pay $3.15 Million Over Illegal Disposal of Pesticides, Customer Records

OAKLAND POST — District attorney investigators examining Terminix facilities throughout California between 2021 and 2024 found hundreds of pesticides and other hazardous-waste items that had allegedly been disposed of unlawfully, according to Jones Dickson’s office.

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Alameda County District Attorney Ursula Jones Dickson. File photo.

Alameda County District Attorney Ursula Jones Dickson announced a $3.15 million settlement with Terminix International Inc. and Rentokil North America Inc. over allegations that the pest control companies illegally disposed of pesticides and hazardous waste and mishandled confidential customer records.

The settlement was reached by Jones Dickson, 28 other California district attorneys and the Los Angeles city attorney. The companies are collectively identified as Terminix in the settlement.

District attorney investigators examining Terminix facilities throughout California between 2021 and 2024 found hundreds of pesticides and other hazardous-waste items that had allegedly been disposed of unlawfully, according to Jones Dickson’s office.

The investigation also found instances in which Terminix allegedly failed to properly manage and dispose of private customer records, violating California laws intended to protect confidential consumer information.

Terminix cooperated with prosecutors after being notified of the alleged violations, the district attorney’s office said. As part of the settlement, the company agreed to strengthen its policies and procedures governing the handling and disposal of pesticides, hazardous materials and customer records.

The new requirements are intended to prevent prohibited waste from being placed in ordinary trash receptacles or sent to facilities not authorized to receive it. Terminix must also improve safeguards for confidential customer information before records are discarded.

Terminix operates five Alameda County locations under the Terminix and Western Exterminator Company names. The facilities are located in Hayward, Pleasanton and Union City.

Alameda County will receive $160,000 from the statewide settlement for civil penalties and reimbursement of investigative costs.

The agreement resolves the prosecutors’ claims against the companies and requires Terminix to maintain stronger waste-management and privacy protections at its California operations.

Jones Dickson announced the settlement Sept. 4.

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Business

California’s Legal Cannabis Market Hits $8 Billion as State Touts Progress on Fighting Drugs, Crime

OAKLAND POST — “We are building a legal cannabis market that generates billions for Californians, and going after the illicit operators who undermine it,” said Newsom. “That’s public safety: protect consumers, support the businesses playing by the rules, and put the revenue to work in our communities.”

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California’s legal cannabis market has generated nearly $8.4 billion in tax revenue since 2018 as the state ramps up enforcement against illegal drugs and touts declines in crime, Gov. Gavin Newsom announced on Sept. 2.

The cannabis revenue includes nearly $4.5 billion in excise taxes and nearly $3.4 billion in sales taxes. In the second quarter of 2026 alone, cannabis retailers remitted $261.7 million in cannabis excise and sales tax revenue.

The state uses cannabis revenue to support programs including childcare and early childhood development, youth substance abuse prevention, medical research and environmental recovery.

“We are building a legal cannabis market that generates billions for Californians, and going after the illicit operators who undermine it,” said Newsom. “That’s public safety: protect consumers, support the businesses playing by the rules, and put the revenue to work in our communities.”

California is also targeting illegal intoxicating products outside the regulated cannabis market. State officials have removed more than 15,000 illegal hemp, kratom, and 7-hydroxymitragynine, or 7-OH, products from store shelves.

The enforcement effort resulted in the removal of 7,403 illegal hemp products and 7,888 kratom and 7-OH products. Officials reported compliance rates above 97% among Alcoholic Beverage Control licensees inspected for both categories.

The state has warned that kratom and 7-OH products have been linked to addiction, overdose and other serious health risks.

California is also using its law enforcement resources to target violent crime, drug trafficking and other criminal activity. Since 2023, CHP Crime Suppression Teams have made 15,197 arrests, recovered 7,042 stolen vehicles and seized 656 illicit firearms.

Since the teams expanded to six regions statewide in August 2025, they have also confiscated nearly 1.7 million grams of illegal drugs, including about 108 kilograms of fentanyl.

“Over the past few years, our Crime Suppression Teams have demonstrated the value of proactive, intelligence-driven enforcement,” CHP Commissioner Sean Duryee said.

The Newsom administration says the efforts are part of a broader public safety strategy that combines regulation, enforcement, prevention and partnerships with local agencies.

California has also reported declines in major crime categories since 2024, including an 18.6% drop in homicides and a 25.8% decline in motor vehicle theft.

California officials say the combination of a regulated cannabis market, targeted enforcement and state-local law enforcement partnerships is helping protect consumers, disrupt illicit drug activity and improve public safety across the state.

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Black History

Henry O. Flipper: A Trailblazer at West Point and Beyond

OAKLAND POST — Flipper’s promising military career ended abruptly in 1881 when he was accused of embezzling commissary funds. A court-martial acquitted him of embezzlement, but convicted him of conduct unbecoming of an officer. The Army dismissed him in 1882. The circumstances surrounding his punishment would later be widely regarded as unjust and influenced by the racial discrimination of the period.

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Henry Ossian Flipper. Public Domain.

Henry Ossian Flipper’s life is a remarkable story of insistence, achievement, injustice, and ultimately vindication. Born enslaved on March 21, 1856, in Thomasville, Georgia, Flipper rose from the restrictions of slavery to become the first African American to graduate from the United States Military Academy at West Point. His accomplishments extended far beyond military service; he later became a respected engineer, surveyor, author, translator, and government official.

After the Civil War, Flipper’s family settled in Atlanta, where education became central to his future. He attended schools established for African American children by the American Missionary Association and later studied at Atlanta University. In 1873, Congressman James C. Freeman of Georgia nominated Flipper for admission to West Point. He entered the academy that July.

Flipper’s four years at West Point were extremely difficult. Because of racism, he experienced harassment and almost complete social isolation from many of his fellow cadets. Nevertheless, he succeeded academically and graduated on June 14, 1877, ranking 50th in a class of 76. His graduation represented a historic breakthrough for African Americans in the United States military.

Commissioned as a second lieutenant, Flipper was assigned to the 10th U.S. Cavalry, one of the famed African American regiments known as the Buffalo Soldiers. At Fort Sill in Indian Territory, now Oklahoma, Flipper served as an engineer, surveyor, construction supervisor, quartermaster, and commissary officer. One of his most lasting engineering accomplishments was a drainage system that eliminated pools of stagnant water around the fort and helped reduce mosquito-breeding areas. The system became known as “Flipper’s Ditch,” and portions of it remain associated with Fort Sill today.

Flipper’s promising military career ended abruptly in 1881 when he was accused of embezzling commissary funds. A court-martial acquitted him of embezzlement, but convicted him of conduct unbecoming of an officer. The Army dismissed him in 1882. The circumstances surrounding his punishment would later be widely regarded as unjust and influenced by the racial discrimination of the period.

Rather than allowing his dismissal to define his life, Flipper built an extraordinary civilian career. He became a civil and mining engineer and surveyor, working extensively throughout the American Southwest and Mexico. He established an engineering office in Nogales, Arizona, became knowledgeable about Spanish and Mexican land law, and later worked for the federal government, including service connected with the Department of Justice and the Department of the Interior.

Flipper died in Atlanta in 1940, but efforts to restore his reputation continued for decades. In 1976, the Army changed his dismissal to an honorable discharge. Then, on February 19, 1999, President Bill Clinton granted Flipper a posthumous presidential pardon.

Today, Henry Ossian Flipper is remembered because his life helped open doors for generations of African American military officers, engineers, and public servants who followed him.

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