Civil Liberties News StoriesExcerpts of Key Civil Liberties News Stories in Major Media
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A California appeals court ruling clamping down on homeschooling by parents without teaching credentials sent shock waves across the state this week, leaving an estimated 166,000 children as possible truants and their parents at risk of prosecution. The homeschooling movement never saw the case coming. "At first, there was a sense of, 'No way,' " said homeschool parent Loren Mavromati, a resident of Redondo Beach (Los Angeles County) who is active with a homeschool association. "Then there was a little bit of fear. I think it has moved now into indignation." The ruling arose from a child welfare dispute between the Los Angeles County Department of Children and Family Services and Philip and Mary Long of Lynwood, who have been homeschooling their eight children. Mary Long is their teacher, but holds no teaching credential. The parents said they also enrolled their children in Sunland Christian School, a private religious academy in Sylmar (Los Angeles County), which considers the Long children part of its independent study program and visits the home about four times a year. The Second District Court of Appeal ruled that California law requires parents to send their children to full-time public or private schools or have them taught by credentialed tutors at home. "California courts have held that ... parents do not have a constitutional right to homeschool their children," Justice H. Walter Croskey said in the 3-0 ruling issued on Feb. 28. "A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation," the judge wrote, quoting from a 1961 case on a similar issue.
Note: To support the ability of parents to teach their children at home and sign a petition with already over 100,000 signatories, click here.
Several thousand law enforcement agencies are creating the foundation of a domestic intelligence system through computer networks that analyze vast amounts of police information. As federal authorities struggled to meet information-sharing mandates after the Sept. 11, 2001 terrorist attacks, police agencies from Alaska and California to the Washington region poured millions of ... records into shared digital repositories called data warehouses, giving investigators and analysts new power to discern links among people, patterns of behavior and other hidden clues. Those network efforts will begin expanding further this month, as some local and state agencies connect to a fledgling Justice Department system called the National Data Exchange, or N-DEx. The expanding police systems illustrate the prominent roles that private companies play in homeland security and counterterrorism efforts. They also underscore how the use of new data -- and data surveillance -- is evolving faster than the public's understanding or the laws intended to check government power and protect civil liberties. Three decades ago, Congress imposed limits on domestic intelligence activity after revelations that the FBI, Army, local police and others had misused their authority for years to build troves of personal dossiers and monitor political activists and other law-abiding Americans. Since those reforms, police and federal authorities have observed a wall between law enforcement information-gathering, relating to crimes and prosecutions, and more open-ended intelligence that relates to national security and [politics]. That wall is fast eroding following the passage of laws expanding surveillance authorities, the push for information-sharing networks, and the expectation that local and state police will play larger roles.
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More than 1 percent of adult Americans are in jail or prison, an all-time high that is costing state governments nearly $50 billion a year, in addition to more than $5 billion spent by the federal government, according to a report released Thursday. With more than 2.3 million people behind bars at the start of 2008, the United States leads the world in both the number and the percentage of residents it incarcerates, leaving even far more populous China a distant second, noted the report by the nonpartisan Pew Center on the States. The ballooning prison population is largely the result of tougher state and federal sentencing laws enacted since the mid-1980s. Minorities have been hit particularly hard: One in 9 black men age 20 to 34 is behind bars. For black women age 35 to 39, the figure is 1 in 100, compared with 1 in 355 white women in the same age group. When it comes to preventing repeat offenses by nonviolent criminals - who make up about half of the incarcerated population - alternative punishments such as community supervision and mandatory drug counseling that are far less expensive may prove just as or more effective than jail time. About 91 percent of incarcerated adults are under state or local jurisdiction, and the report documents the trade-offs state governments have faced as they have devoted ever larger shares of their budgets to house them. For instance, over the past two decades, state spending on corrections (adjusted for inflation) increased by 127 percent, while spending on higher education rose by 21 percent.
The Army has shut down public access to the largest online collection of its doctrinal publications, a move criticized by open-government advocates as unnecessary secrecy by a runaway bureaucracy. Army officials moved the Reimer Digital Library behind a password-protected firewall on Feb. 6, restricting access to an electronic trove that is popular with researchers for its wealth of field and technical manuals and documents on military operations, education, training and technology. All are unclassified, and most already are approved for public release. "Almost everything connected to the Army is reflected in some way in the Reimer collection," said Steven Aftergood, director of the Project on Government Secrecy at the nonprofit Federation of American Scientists. "It provides the public with an unparalleled window into Army policy. It provides unclassified resources on military planning and doctrine." Aftergood ... said the collection offers specialized military manuscripts that do not appear on the shelves of local libraries. These include documents on the Army's use of unmanned aircraft [and] tactics and techniques for the use of nonlethal weapons. "All of this stuff had been specifically approved for public release," Aftergood said. "I think it's a case of bureaucracy run amok. And it's a familiar impulse to secrecy that needs to be challenged at every turn." In 2006, the National Archives acknowledged that the CIA and other agencies had withdrawn thousands of records from the public shelves ... and inappropriately reclassified many of them. Early in 2002, then-Attorney General John D. Ashcroft issued a memo urging federal agencies to use whatever legal means necessary to reject Freedom of Information Act requests for public documents.
Note: For reliable reports on escalating government secrecy from reliable, verifiable sources, click here.
If you hear mysterious voices in your head the next time you stroll down the street, they may be trying to sell you something. That was the case recently in New York when people walking beneath a billboard for the A&E show "Paranormal State" suddenly heard a woman's disembodied voice whisper: "Who's there? Who's there?" and "It's not your imagination." The creepy effect was caused by technology called Audio Spotlight that projects sound in a focused beam so only people in a certain spot can hear it. "The idea of directing sound was a real uphill battle when we first started, but all of a sudden people are coming to us saying, 'We have to have directional sound. We don't want all this noise in our store,' " said Woody Norris, founder of American Technology Corp. in San Diego. Norris said he has sold many units for use with video screens in checkout lines in ... grocery stores so audio can reach waiting customers without constantly bombarding store workers. While some of the advertising applications are recent, directed sound is often used in museums and other places where sound must be focused on people standing in front of an exhibit or display without disturbing those around them. Smithsonian museums in Washington have used [such] systems [as have] the New York Public Library, the Boston Museum of Fine Arts and ... the observation deck of the Seattle Space Needle. Directed-sound devices ... use narrow beams of ultrasound waves that can't be heard by human ears. The beam distorts air as it passes through, generating sound people can hear along its length.
Note: It's not hard to imagine non-advertising uses for this invasive technology. Could it possibly be used to influence people's thinking in ways other than advertising?
The Bush administration allowed CIA interrogators to use tactics that were "quite distressing, uncomfortable, even frightening," as long as they did not cause enough severe and lasting pain to constitute illegal torture, a senior Justice Department official said last week. In testimony before a House subcommittee, Steven G. Bradbury, the acting chief of the Justice Department's Office of Legal Counsel, spelled out how the administration regulated the CIA's use of rough tactics and offered new details of how [waterboarding] was used to compel disclosures by prisoners. Bradbury indicated that no water entered the lungs of the three prisoners who were subjected to the practice, lending credence to previous accounts that the noses and mouths of CIA captives were covered in cloth or cellophane. Cellophane could pose a serious asphyxiation risk, torture experts said. Bradbury's unusually frank testimony ... stunned many civil liberties advocates and outside legal scholars who have long criticized the Bush administration's secretive and aggressive interrogation policies. Martin S. Lederman, a former Office of Legal Counsel official who teaches law at Georgetown University, called Bradbury's testimony "chilling." Lederman said that "to say that this is not severe physical suffering -- is not torture -- is absurd. And to invoke the defense that what the Spanish Inquisition did was worse and that we use a more benign, non-torture form of waterboarding . . . is obscene." Bradbury wrote two secret memos in 2005 that authorized waterboarding, head-slapping and other harsh tactics by the CIA. As a result of that and other issues, Senate Democrats have repeatedly blocked Bradbury's nomination to head the legal counsel's office permanently.
Today, more than 23,000 representatives of private industry are working quietly with the FBI and the Department of Homeland Security. The members of this rapidly growing group, called InfraGard, receive secret warnings of terrorist threats before the public does -- and, at least on one occasion, before elected officials. In return, they provide information to the government, which alarms the ACLU. But there may be more to it than that. One business executive, who showed me his InfraGard card, told me they have permission to "shoot to kill"ť in the event of martial law. In November 2001, InfraGard had around 1,700 members. As of late January, InfraGard had 23,682 members, according to its website, www.infragard.net, which adds that "350 of our nation's Fortune 500 have a representative in InfraGard."ť FBI Director Robert Mueller addressed an InfraGard convention on August 9, 2005. He urged InfraGard members to contact the FBI if they "note suspicious activity or an unusual event." And he said they could sic the FBI on "disgruntled employees who will use knowledge gained on the job against their employers."ť
Note: We don't normally use Common Dreams as a news source, but as this news is so important and the major media failed to report it, we decided to include this article here. For a revealing report by the ACLU on this key topic, click here. For important reports from major media sources on threats to civil liberties, click here.
Hours before the new year, open-government groups won a key victory in their years-long fight to force government agencies to release documents without months, and sometimes years, of delay. The moment came when President Bush reluctantly signed a law enforcing better compliance with the Freedom of Information Act. But in his budget request this week, Bush proposed shifting a newly created ombudsman's position from the National Archives and Records Administration to the Department of Justice. Because the ombudsman would be the chief monitor of compliance with the new law, that move is akin to killing the critical function, some members of Congress and watchdog groups say. "Justice represents the agencies when they're sued over FOIA ... It doesn't make a lot of sense for them to be the mediator," said Kristin Adair, staff counsel at the National Security Archive. The law establishes the ombudsman's office to hear disputes over unmet FOIA requests, monitor agencies and foster best practices. The ombudsman would be part of the National Archives and Records Administration, the non-partisan repository where most of the nation's important documents eventually wind up, and from which they are distributed. The Justice Department has hardly shown itself to be a strong supporter of public information requests: After the Sept. 11, 2001, terrorist attacks, then-Attorney General John D. Ashcroft issued a memo urging agencies to use all legal means to refuse public document requests. A recent review of overdue FOIA requests by the National Security Archive criticizes Justice for holding up public records releases. In at least four cases, the delay was for more than 15 years.
Note: For many revealing major media reports on government secrecy, click here.
U.S. intelligence officials are [now claiming] that popular Internet services that enable computer users to adopt cartoon-like personas in three-dimensional online spaces also are creating security vulnerabilities by opening novel ways ... to move money, organize and conduct corporate espionage. Over the last few years, "virtual worlds" such as Second Life and other role-playing games have become home to millions of computer-generated personas known as avatars. By directing their avatars, people can take on alternate personalities, socialize, explore and earn and spend money across uncharted online landscapes. Nascent economies have sprung to life in these 3-D worlds, complete with currency, banks and shopping malls. Corporations and government agencies have opened animated virtual offices, and a growing number of organizations hold meetings where avatars gather and converse in newly minted conference centers. Intelligence officials ... say they're convinced that the qualities that many computer users find so attractive about virtual worlds -- including anonymity, global access and the expanded ability to make financial transfers outside normal channels -- have turned them into seedbeds for transnational threats. The government's growing concern seems likely to make virtual worlds the next battlefield in the struggle over the proper limits on the government's quest to [expand] data collection and analysis and the surveillance of commercial computer systems. Virtual worlds could also become an actual battlefield. The intelligence community has begun contemplating how to use Second Life and other such communities as platforms for cyber weapons.
Since 9/11, and seemingly without the notice of most Americans, the federal government has assumed the authority to institute martial law, arrest a wide swath of dissidents (citizen and noncitizen alike), and detain people without legal or constitutional recourse in the event of "an emergency influx of immigrants in the U.S., or to support the rapid development of new programs." Beginning in 1999, the government has entered into a series of single-bid contracts with Halliburton subsidiary Kellogg, Brown and Root (KBR) to build detention camps at undisclosed locations within the United States. The government has also contracted with several companies to build thousands of railcars, some reportedly equipped with shackles, ostensibly to transport detainees. According to diplomat and author Peter Dale Scott, the KBR contract is part of a Homeland Security plan titled ENDGAME, which sets as its goal the removal of "all removable aliens" and "potential terrorists." What kind of "new programs" require the construction and refurbishment of detention facilities in nearly every state of the union with the capacity to house perhaps millions of people? The 2007 National Defense Authorization Act (NDAA) ... gives the executive the power to invoke martial law. The Military Commissions Act of 2006 ... allows for the indefinite imprisonment of anyone who ... speaks out against the government's policies. The law calls for secret trials for citizens and noncitizens alike. What could the government be contemplating that leads it to make contingency plans to detain without recourse millions of its own citizens?
Note: This important warning from former U.S. Congressman Dan Hamburg and Lewis Seiler should be read in its entirety. For more chilling reports on serious threats to our civil liberties, click here.
The Electronic Frontier Foundation and Asian Law Caucus, two civil liberties groups in San Francisco, [have filed] a lawsuit to force the government to disclose its policies on border searches, including which rules govern the seizing and copying of the contents of electronic devices. They also want to know the boundaries for asking travelers about their political views, religious practices and other activities potentially protected by the First Amendment. The lawsuit was inspired by two dozen cases, 15 of which involved searches of cellphones, laptops, MP3 players and other electronics. Almost all involved travelers of Muslim, Middle Eastern or South Asian background. "It's one thing to say it's reasonable for government agents to open your luggage," said David D. Cole, a law professor at Georgetown University. "It's another thing to say it's reasonable for them to read your mind and everything you have thought over the last year. What a laptop records is as personal as a diary but much more extensive. It records every Web site you have searched. Every e-mail you have sent. It's as if you're crossing the border with your home in your suitcase." Mark Rasch, a technology security expert with FTI Consulting and a former federal prosecutor, [said] "Your kid can be arrested because they can't prove the songs they downloaded to their iPod were legally downloaded," he said. "Lawyers run the risk of exposing sensitive information about their client. Trade secrets can be exposed to customs agents with no limit on what they can do with it. Journalists can expose sources, all because they have the audacity to cross an invisible line."
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Abdul Razzaq Hekmati was regarded here as a war hero, famous for ... a daring prison break he organized for three opponents of the Taliban government in 1999. But in 2003, Mr. Hekmati was arrested by American forces in southern Afghanistan when, senior Afghan officials ... contend, he was falsely accused by his enemies of being a Taliban commander himself. For the next five years he was held at the American military base in Guantánamo Bay, Cuba, where he died of cancer on Dec. 30. The fate of Mr. Hekmati, the first detainee to die of natural causes at Guantánamo ... demonstrates the enduring problems of the tribunals at Guantánamo. Afghan officials, and some Americans, complain that detainees are effectively thwarted from calling witnesses in their defense, and that the Afghan government is never consulted on the detention cases, even when it may be able to help. Mr. Hekmati’s case, officials who knew him said, shows that sometimes the Americans do not seem to know whom they are holding. In a report in February 2006 ... researchers at Seton Hall University School of Law ... concluded that no outside witnesses had ever been called to appear at Guantánamo. Lt. Col. Stephen E. Abraham ... stepped forward last June to criticize the tribunals. In a submission to the Supreme Court, he condemned them for relying on generalized evidence that would have been dismissed by any competent court, and as being devised to rubber-stamp the administration’s assertion that the detainees had been correctly designated “enemy combatants” when they were captured and that they could be held indefinitely.
Montana Governor Brian Schweitzer is urging a third of the nation's governors to join him in opposing the implementation of a national identification card, saying they can force Congress to change it. Schweitzer, who last year said "no, nope, no way, hell no" to the federal plan calling for national driver's licenses under the REAL ID Act, sent a letter yesterday to 17 other governors asking them to oppose a Department of Homeland Security effort to penalize states that have not adopted the mandate. Homeland Security has said recently that travelers from states that have not adopted the license will have to use a passport or certain types of federal border-crossing cards if they want to avoid a vigorous secondary screening at airport security.
The U.S. government has been increasing its use of the state secrets privilege to avoid disclosure of classified information in civil lawsuits. Some legal scholars and members of Congress contend that the Bush administration has employed it excessively as it intervened in cases that could expose information about sensitive programs. These include the rendition of detainees to foreign countries for interrogation and cases related to the National Security Agency's use of warrantless wiretaps. The privilege allows the government to argue that lawsuits -- and the information potentially revealed by them -- could damage national security. It gives judges the power to prevent information from reaching public view or to dismiss cases even if they appear to have merit. Sen. Edward M. Kennedy (D-Mass.) ... cited statistics that show the Bush administration has used the state secrets privilege substantially more, on a percentage basis, than previous administrations to block or dismiss lawsuits. Kevin Bankston, a lawyer with the Electronic Frontier Foundation ... said "The administration is attempting to use the privilege as a back-door immunity to obtain dismissal of any case that attempts to put the NSA wiretapping issue in front of a judge. It is no secret such a program existed."
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For three years, the Bush administration has drawn fire from civil liberties groups over its use of national security letters, a kind of administrative subpoena that compels private businesses such as telecommunications companies to turn over information to the government. After the 2001 USA Patriot Act loosened the guidelines, the FBI issued tens of thousands of such requests, something critics say amounts to warrantless spying on Americans who have not been charged with crimes. Now, newly released documents shed light on the use of the letters by the CIA. The spy agency has employed them to obtain financial information about U.S. residents and does so under extraordinary secrecy, according to the American Civil Liberties Union, which obtained copies of CIA letters under the Freedom of Information Act. The CIA's requests for financial records come with "gag orders" on the recipients, said ACLU lawyer Melissa Goodman. In many cases, she said, the recipient is not allowed to keep a copy of the letter or even take notes about the information turned over to the CIA. The ACLU posted copies of some of the letters on its Web site. In most cases, nearly all the text had been redacted by CIA censors.
Note: For many powerful reports on the growing threats to civil liberties, click here.
Microsoft is developing Big Brother-style software capable of remotely monitoring a worker’s productivity, physical wellbeing and competence. The Times has seen a patent application filed by the company for a computer system that links workers to their computers via wireless sensors that measure their metabolism. The system would allow managers to monitor employees’ performance by measuring their heart rate, body temperature, movement, facial expression and blood pressure. Unions said they fear that employees could be dismissed on the basis of a computer’s assessment of their physiological state. This is believed to be the first time a company has proposed developing such software for mainstream workplaces. Microsoft submitted a patent application in the US for a “unique monitoring system” that could link workers to their computers. Wireless sensors could read “heart rate, galvanic skin response, EMG, brain signals, respiration rate, body temperature, movement facial movements, facial expressions and blood pressure”, the application states. The system could also “automatically detect frustration or stress in the user”. Physical changes to an employee would be matched to an individual psychological profile based on a worker’s weight, age and health. If the system picked up an increase in heart rate or facial expressions suggestive of stress or frustration, it would tell management. Civil liberties groups and privacy lawyers strongly criticised the potential of the system for “taking the idea of monitoring people at work to a new level”.
Note: For revealing reports from major media sources on the increasing surveillance of all aspects of society by secret government and corporate programs, click here.
For the last four years, two robot rovers operated from the Jet Propulsion Laboratory in La Canada Flintridge have been moving across the surface of Mars, taking photographs and collecting information. It's an epic event in the history of exploration, one of many for which JPL's 7,000 civilian scientists and engineers are responsible -- when they're not fending off the U.S. government's attempts to conduct an intimidating and probably illegal inquisition into the intimate details of their lives. The problem began -- as so many have -- in the security mania that gripped the Bush administration after 9/11. Presidential Directive No. 12, issued by the Department of Homeland Security, directed federal agencies to adopt a uniform badge that could be used by employees and contractors to gain access to government facilities. NASA Administrator Michael Griffin ... directed Caltech, which has a contract to run JPL for NASA, to make sure all of the lab's employees complied. The government demanded that the scientists, in order to get the badges, fill out questionnaires on their personal lives and waive the privacy of their financial, medical and psychiatric records. The government also wanted permission to gather information about them by interviewing third parties. Twenty-eight of JPL's senior scientists sued in federal court to stop the government and Caltech from forcing them to agree to the background checks as the price of keeping their jobs. They point out that Griffin is one of those who remain skeptical that human actions contribute to global warming, and that some of JPL's near-Earth science has played a critical role in establishing the empirical case to the contrary. They see the background checks as the first step toward establishing a system of intimidation that might be used to silence inconvenient science.
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BLITZER: Let's check in with Jack Cafferty right now. JACK CAFFERTY, CNN ANCHOR: The House just passed President Bush's bill to redefine the treatment of detainees, and the Senate's expected to do the same thing tomorrow. Buried deep inside this legislation is a provision that will pardon President Bush and all the members of his administration of any possible crimes connected with the torture and mistreatment of detainees dated all the way back to September 11, 2001. At least President Nixon had Gerald Ford to do his dirty work. President Bush is trying to pardon himself. Under the War Crimes Act, violations of the Geneva Conventions are felonies. In some cases, punishable by death. When the Supreme Court ruled the Geneva Conventions applied to al Qaeda and Taliban detainees, President Bush and his boys were suddenly in big trouble. They had been working these prisoners over pretty good. In an effort to avoid possible prosecution, they're trying to cram this bill through Congress before the end of the week when Congress adjourns. The reason there's such a rush to do this, if the Democrats get control of the House in November, well, this kind of legislation probably wouldn't pass. You want to know the real disgrace of what these people are about to do or are in the process of doing? Senator Bill Frist and Congressman Dennis Hastert and their Republican stooges apparently don't see anything wrong with this. I really do wonder sometimes what we're becoming in this country. The question is this: Should Congress pass a bill giving retroactive immunity to President Bush for possible war crimes?
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Residents of at least 17 states are suddenly stuck in the middle of a fight between the Bush administration and state governments over post-September 11 security rules for driver's licenses -- a dispute that, by May, could leave millions of people unable to use their licenses to board planes or enter federal buildings. Homeland Security Secretary Michael Chertoff, who unveiled final details of the REAL ID Act's rules on Friday, said that if states want their licenses to remain valid for air travel after May 2008, those states must seek a waiver indicating they want more time to comply with the legislation. Chertoff said that in instances where a particular state doesn't seek a waiver, its residents will have to use a passport or a newly created federal passport card if they want to avoid a vigorous secondary screening at airport security. Chertoff spoke as he discussed the details of the administration's plan to improve security for driver's licenses in all 50 states -- an effort delayed due to opposition from states worried about the cost and civil libertarians upset about what they believe are invasions of privacy. Under the rules announced Friday, Americans born after Dec. 1, 1964, will have to get more secure driver's licenses in the next six years. The American Civil Liberties Union has fiercely objected to the effort, particularly the sharing of personal data among government agencies. In its written objection to the law, the ACLU claims REAL ID amounts to the "first-ever national identity card system," which "would irreparably damage the fabric of American life."
Three Florida fruit-pickers, held captive and brutalised by their employer for more than a year, finally broke free of their bonds by punching their way through the ventilator hatch of the van in which they were imprisoned. Once outside, they dashed for freedom. When they found sanctuary one recent Sunday morning, all bore the marks of heavy beatings to the head and body. One of the pickers had a nasty, untreated knife wound on his arm. Police would learn later that another man had his hands chained behind his back every night to prevent him escaping, leaving his wrists swollen. The migrants were not only forced to work in sub-human conditions but mistreated and forced into debt. They were locked up at night and had to pay for sub-standard food. If they took a shower with a garden hose or bucket, it cost them $5. Their story of slavery and abuse in the fruit fields of sub-tropical Florida threatens to lift the lid on some appalling human rights abuses in America today. Between December and May, Florida produces virtually the entire US crop of field-grown fresh tomatoes. Fruit picked here in the winter months ends up on the shelves of supermarkets and is also served in the country's top restaurants and in tens of thousands of fast-food outlets. But conditions in the state's fruit-picking industry range from straightforward exploitation to forced labour. Tens of thousands of men, women and children – excluded from the protection of America's employment laws and banned from unionising – work their fingers to the bone for rates of pay which have hardly budged in 30 years. Until now, even appeals from the former president Jimmy Carter to help raise the wages of fruit-pickers have gone unheeded. Fruit-pickers, who typically earn about $200 (Ł100) a week, are part of an unregulated system designed to keep food prices low and the plates of America's overweight families piled high.
Important Note: Explore our full index to revealing excerpts of key major media news stories on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.