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Elon Musk’s bid to end SEC tweet settlement rejected by judge

April 27, 2022 by WDNY Radio

(NEW YORK) — A federal judge in New York on Wednesday rejected Elon Musk’s request to terminate a settlement agreement with the Securities and Exchange Commission that he claimed was being abused to silence his speech.

The 2018 deal required Musk’s tweets to be pre-approved by Tesla’s board after Musk mused on Twitter about taking Tesla private. The SEC is investigating whether Musk violated that term in November 2021 when he asked his sizeable Twitter following if he should sell 10% of his Tesla stock.

Musk argued the SEC lacked the authority to continue its investigation and was only out to harass him.

In rejecting the motion, Judge Lewis Liman cited the SEC’s “broad power” to make sure securities laws are followed.

“The mere fact that SEC brought an action against Musk and a related action against Tesla for Musk’s tweets in August 2018 does not waive the SEC’s sovereign immunity with respect to an investigation the SEC launched in late 2021 regarding conduct that occurred in late 2021, after the 2018 case was settled,” the decision said.

“The judgment against Musk expressly stated that it was to settle ‘only the claims asserted against [Musk] in th[e] civil proceeding.’ It did not give Musk any broader immunity from other SEC investigations or proceedings—including related ones. It thus preserved the SEC’s authority to investigate Musk for additional securities violations or to ask for documents and records from him in connection with an investigation of others should the SEC receive information that suggested he or others violated the securities laws again.”

Musk’s attorney Alex Spiro argued the SEC had misused the settlement as a pretext to launch an “endless, boundless investigation” of Musk’s speech, but the judge also rejected that argument.

“Musk, by entering into the consent decree in 2018, agreed to the provision requiring the pre-approval of any such written communications that contain, or reasonably could contain, information material to Tesla or its shareholders. He cannot now complain that this provision violates his First Amendment rights. Musk’s argument that the SEC has used the consent decree to harass him and to launch investigations of his speech is likewise meritless,” Liman said.

High schooler accepted into 72 colleges shares advice for other students

April 27, 2022 by WDNY Radio

(BELLE GLADE, Fla.) — A Florida teen is celebrating and sharing her advice for other students after getting accepted to not just one or even 10 colleges, but 72 of them.

Ja’Leaha Thornton of Belle Glade, Florida, told “Good Morning America” that she began applying to 90 colleges and universities in early September 2021 and has since received acceptance letters from 72 schools and counting.

“I know the process of applying could be kind of overwhelming to many, and instead of stressing myself out, I decided to make it a competition … and see how many I can actually get into,” the 18-year-old told “GMA.” “I wanted to broaden my horizons and explore some different schools outside of my state.”

The teen used the Common Black College Application and the Common App to submit applications to multiple colleges simultaneously.

“At most, I spent $20 because I did the Black Common App and also the Common App, and I was able to use my fee waivers,” she said.

Thornton said she was eyeing several colleges and in the beginning, Howard University in Washington, D.C., was her dream school. But in the end, she chose to attend Xavier University of Louisiana, another historically Black university in New Orleans.

“I was nervous about opening the letter because like, this is one of the top schools, and I already made a mistake with sending the wrong college essay. And when I opened the letter and actually got accepted, I was like, ‘Wow, like this is options for me now. I’m not only considering Howard or UF, I have this school and I have options.’ So it was very exciting,” Thornton recalled.

For other students who are just beginning to embark on their application process, Thornton said they shouldn’t hold themselves back in any way.

“Shoot beyond the sky, because it’s a world out there, and it has so much for us to explore, so don’t limit ourselves,” she said.

“Go beyond what’s in front of you and don’t take advantage of time. Use your resources and your opportunity.”

The high school senior at Glades Central Community High School will be her class’s valedictorian when she graduates on May 24 and plans on majoring in pre-medical psychology and minoring in chemistry. She also hopes to study abroad in Asia and go to medical school after college.

Thornton said she’s interested in pursuing a career in forensic psychiatry. “At first, I was looking into becoming a child psychiatrist … but the more I looked into it, I became more interested in working with the people who have committed crimes and trying to get them back on the right track, studying their stories and seeing how we can apply that to life,” she said.

As her high school career winds down, Thornton said she’s grateful for all the support she’s received both in the last four years and throughout her life so far.

“I just wanted to make sure I give special shoutouts to my family, especially my mom, my great grandmother, my grandmother and my uncle. They have been the solid foundation for me. I believe in the saying ‘It takes a village to build a child,’ and that was my village.”

“Also my school family, my guidance counselor, my teachers and my friends. Pretty much everybody that helped me through the journey,” she added. “I’m just excited for the next steps of my life.”

Fauci said the US is ‘out of the pandemic phase.’ What does that mean?

April 27, 2022 by WDNY Radio

(WASHINGTON) — The worst days of the COVID-19 pandemic may be over in the United States, Dr. Anthony Fauci, the nation’s top infectious disease expert, said this week. Some experts urged caution, however, and said the pandemic is still a threat in the long-term.

“We are certainly right now in this country out of the pandemic phase,” Fauci told PBS NewsHour Tuesday. “Namely, we don’t have 900,000 new infections a day and tens and tens and tens of thousands of hospitalizations and thousands of deaths. We are at a low level right now.”

He continued, “So, if you’re saying, are we out of the pandemic phase in this country, we are.”

Some public health experts stressed Fauci is not saying the pandemic is over, which he also later clarified to CBS News, but rather that the virus is no longer having the same impact in the U.S. as it was a few months ago.

In fact, Fauci stressed at the end of the PBS interview, “So, if you look at the global situation, there’s no doubt this pandemic is still ongoing.”

This doesn’t just mean fewer cases, hospitalizations and deaths being reported but also fewer school closures and staffing shortages in hospitals as well as people resuming activities again, they say.

“We’re not having mass closures of hospital beds like we did in January 2022,” Dr. Cameron Wolfe, an associate professor of infectious diseases at Duke University School of Medicine, told ABC News. “We’re still seeing staffing shortages, but they’re not to the same extent that they were for the last couple of years. Activities are coming back online, so I’m at an in-person meeting for the first time in two years.”

Wolfe said the danger of overwhelming hospitals and high death rates is greatly reduced because of the number of Americans who’ve been vaccinated as well as previously infected.

According to the Centers for Disease Control and Prevention, 82.4% of the eligible U.S. population — those aged 5 and older — have had at least one COVID-19 vaccine dose and 70.3% are fully vaccinated.

What’s more, a new CDC analysis released Tuesday estimated three out of every five Americans have antibodies from a previous COVID-19 infection, up from one-third before the omicron wave.

“We’re in a phase right now that the number of vaccinations, and also frankly the number of people who have been infected, where our community level of immune protection is good enough that there’s not as many infections taking place as we saw in January.” Wolfe said. “So, the impact that has on the way our community ticks along becomes less.”

Wolfe said another reason the U.S. is doing well handling COVID-19 is because there are more treatments available for people who contract the virus.

During the first wave of the pandemic, there were few treatments approved or authorized for emergency use by the U.S. Food and Drug Administration.

But, over time, several treatments were developed and they are now more widespread. Currently, COVID-19 patients can receive monoclonal antibodies, which is an infusion of antibodies in a lab that mimic antibodies generated by the body, or pills developed by Pfizer and Merck.

These treatments have been shown to not only reduce the number of days a person is experiencing symptoms but also dramatically lower the risk of hospitalization and death, preventing healthcare systems from becoming overwhelmed.

“We’re in a much better state in terms of having treatment availability,” Wolfe said. “Having access to good medicines that are liberally now available and do a good job in terms of preventing the severe outcomes from COVID I think is a real bonus that we just didn’t have six months ago.”

However, other experts are not sure the U.S. is out of the pandemic phase.

“We have the potential for spread of new variants across this country, and it tells us that we are not necessarily out of this pandemic phase,” said Dr. John Brownstein, an epidemiologist at Boston Children’s Hospital and an ABC News contributor. “This virus has global impact and it means that we see spread in one part of the world.”

He continued, “We will likely see a surge here. And so as much as we want to head towards that normal life, I think we’re still months away from fully understanding whether we’re in a position where this virus is not disrupting our daily lives.”

ABC News’ Arielle Mitropoulos contributed to this report.

Monica claps back at reporter upset at diverse CMT awards, Diddy previews new music in Beats by Dre ad

April 27, 2022 by WDNY Radio

–A video clip circulated around the internet on Wednesday of Patrick Howley, a white reporter, who made racist comments and complained that there were “so many Black people” at the country music-themed CMT Music Awards on April 11.

One of the Black people who took part in the 2022 show was actor Anthony Mackie, who co-hosted the event, and singer Monica, who performed alongside Jimmie Allen and Little Big Town.

In response to the harsh comments, Monica posted a note on Instagram, alerting Howley of her continued presence on the country music scene.

“I’ve never been more motivated.. Patrick Howley, although your feelings are likely shared by some, it’s NOT by the masses! I have an all star LEGENDARY team of true country artist that are currently working with me that would beg to differ!” she wrote. “This was the first of many times that you will see me! I see You caught that my skin is melanated, but you missed that it was tough! I’m rooted in the word & built to last! See you soon, or should I say ‘Welcome to Wakanda’ gracefully bows w/@anthonymackie.”

Monica ended her note with a reminder about her upcoming country album, writing, “‘OPEN ROADS COMING SOON.'”

Many fans and celebrities commented in support of the Grammy winner. CMT responded saying, “@monicadenise WE love you. Your performance at the show with @jimmieallen and @littlebigtown was magical. AND we can’t wait for the new music you’ve got coming soon.”

–A new Beats by Dre ad arrived on Wednesday, and it features new, unreleased music by Diddy.

The 60-second clip stars top NFL prospect Kayvon Thibodeaux, as he trains for his next chapter in football.

Wearing the new Beats headphones, Thibodeaux works out to the track, while Diddy is heard narrating some of the prophetic lyrics.

‘Unprecedented’ water restrictions ordered for millions in Southern California

April 27, 2022 by WDNY Radio

(LOS ANGELES) — Unprecedented restrictions have been ordered for millions of residents in Southern California as the megadrought in the region persists and continues to intensify.

About 6 million customers in Los Angeles, San Bernardino and Ventura counties under the Metropolitan Water District will be required to dramatically cut down outdoor water use. However, they are still encouraged to hand water their trees, Metropolitan Executive Officer Deven Upadhyay said during a news conference Wednesday.

The water district is requiring its member agencies in the State Water Project-dependent areas to restrict outdoor watering to just one day a week, or the equivalent.

The goal is to reduce overall water consumption by 35% in the face of the water shortage, Upadhyay said. If the restrictions do not get consumption down by 35%, even stricter rules could follow next year, he added.

The water district will be monitoring the daily water use and how much is being used, as well as how residents and businesses are responding to these emergency restrictions, Upadhyay said.

After Sept. 1, the water company may need to put more limits on how much water people can use, including banning all outdoor water usage, said Metropolitan General Manager Adel Hagekhalil, adding that the company is aware it will “create a challenge for people.”

“Conservation should be a way of life for all of us,” he said, describing the new restrictions as unprecedented. “This is a wake-up call for everyone.”

The Metropolitan Water District uses water from the Colorado River as well as the State Water Project, which gets its water from the Sacramento-San Joaquin River Delta.

The Colorado is now at the top of the country’s most endangered rivers list due to the megadrought.

Anyone who does not follow the water district’s new requirements will be fined $2,000 per acre foot and other penalties for water the facility will need to provide, Upadhyay said.

ABC News’ Matthew Fuhrman and Flor Tolentino contributed to this report.

Chris Janson teases a “scary” music video with Eric Church for their duet, “You, Me & the River”

April 27, 2022 by WDNY Radio

Chris Janson’s new album, All In, comes out on Friday, and the track list includes a couple of eye-catching collaborations.

One of those, a duet with Travis Tritt called “Things You Can’t Live Without,” is out already, along with a rollicking, performance-themed music video starring both singers as the house band entertaining a honky tonk full of country folks looking for a good time.

But things will get a little darker on the next collab, a not-yet-released and highly-anticipated team-up between Chris and one of his musical heroes, Eric Church.

Called “You, Me & the River,” the song was written solely by Eric — in fact, it’s the first time Chris has ever cut a song that he didn’t also co-write. Chris and Eric haven’t shared the full version of their song yet, but if the teaser Chris posted to socials this week is any indication, it’ll be a little bit dark and spooky.

The clip of the music video shows close-up black and white shots of Chris and Eric singing the lyrics “Hey buddy, hey buddy, ain’t that Mississippi muddy? / And this time of year, she takes what you give her.”

The camera then pans across Eric as he sits in the back seat of a car, his hands tied together. In the caption of his post, Chris said that the song has “a bada** and scary video to go along with it.”

Curious fans will get all the answers about the song on Friday when the album arrives, with the music video following at 10 a.m. CT. When it premieres, Chris will be on YouTube to chat with fans and field some questions.

Melissa McBride makes surprise exit from “Daryl and Carol” spin-off of ‘The Walking Dead’

April 27, 2022 by WDNY Radio

A Walking Dead spin-off series centering on fan favorites Daryl and Carol — played by Norman Reedus and Melissa McBride — suffered a surprising setback, with McBride suddenly exiting the project.

It seems that the split was amicable, as AMC noted in a press release, “Melissa McBride has given life to one of the most interesting, real, human and popular characters in The Walking Dead Universe. Unfortunately, she is no longer able to participate in the previously announced spinoff…which will be set and filmed in Europe this summer and premiere next year.”

The statement continued, “Relocating to Europe became logistically untenable for Melissa at this time,” adding, “We know fans will be disappointed by this news.”

There are still multiple spin-offs in the works from the apocalyptic show, including Isle of the Dead, a New York City-set project featuring Lauren Cohan‘s Maggie and Jeffrey Dean Morgan‘s Negan, who canonically murdered Maggie’s husband Glenn.

See Taylor Swift in the trailer for David O. Russell’s crime thriller, ‘Amsterdam’

April 27, 2022 by WDNY Radio

We finally know more about Taylor Swift‘s role in David O. Russell‘s latest film.

Not much was known about the film — even its title — when it was first announced in June, but all that changed at CinemaCon this week. Variety reports that Taylor will star in the film, titled Amsterdam, the first trailer for which debuted at the industry event. According to the trade, the “original romantic crime epic” is set in the 30s and that centers on three characters — played by Christian Bale, Margot Robbie and John David Washington — who “find themselves at the center of one of the most secret plots in American history.”

The trailer shows a weeping Taylor, who mourns her father as Chris Rock tells her, “You have a dead white man in a box. It’s not even a coffin, it has no lid.” He continues as Taylor sobs, “You know who’s going to get in trouble? The Black men.”

Taylor is part of a huge star-studded cast also includes Rami Malek, Zoe Saldana, Anya Taylor-Joy, Mike Myers, Robert De Niro, Michael Shannon and Timothy Olyphant. This marks her first big-screen role following 2019’s critically panned movie musical, CATS.

Taylor also previously appeared in 2014’s The Giver, 2012’s The Lorax and 2010’s Valentine’s Day.

Amsterdam is due out November 4.

Founding Autograph bassist Randy Rand has passed away

April 27, 2022 by WDNY Radio

Randy Rand, founding bassist of the ’80s glam-metal band Autograph, has died, the group announced Tuesday in a Facebook message.

“It is with great sorrow and heavy hearts to announce the unexpected passing of our cherished friend and founding member of Autograph, Randy Rand,” the message reads. “At the time of death, Randy was surrounded by his beautiful and infinite love, Regina Rand and family.”

Autograph formed in 1983 and enjoyed its biggest success with its 1984 debut album, Sign In Please. The record featured the hit single “Turn Up the Radio,” which Rand co-wrote and which peaked at #29 on the Billboard Hot 100. The album itself reached #29 on the Billboard 200 chart, and went on to be certified Gold by the RIAA for sales of over 500,000 in the U.S.

The band broke up in 1989 but reunited in 2013. At the time of his death, Rand was the only original member still in the group. In January, the band announced that it had signed with the Frontiers label, and a new studio album is expected out soon.

The message announcing Rand’s passing also notes, “Although beyond devastated, we find some comfort and solace knowing the last couple of years have been some of his happiest as an artist and as a performer. Randy was the consummate optimist and was so excited to see the new direction, creativity and renewed energy with the band.”

The note continues, “Collectively in the last couple of years with this formation, we spent numerous hours that turned into something magical while creating an unbreakable bond few bands are fortunate enough to ever experience,” adding, [W]e will continue to honor Randy Rand, as he would want us to and honor our musical commitments and keep his legacy alive.”

Watch trailer for ‘George Michael Freedom Uncut’ documentary

April 27, 2022 by WDNY Radio

Following the news that a new documentary about George Michael, narrated by the late star himself, would be heading to movie theaters worldwide on June 22, we now have the first trailer for the project.

The movie, George Michael Freedom Uncut, focuses on the period after the release of his 1987 Faith album made George a massive superstar, through the time following the release of his 1990 follow up, Listen Without Prejudice: Vol 1. During that time, George fought for his artistic freedom and lived through the devastating deaths of both his mother and his first real love.

In the trailer, we hear George say, “I can’t really explain how overwhelming that kind of hysteria can be,” along with footage of him performing for stadiums full of screaming fans. He also expresses his desire to “leave songs that will mean something to other generations.”

There’s also footage of George’s musical collaborators and celebrity friends talking about him and his artistry, including the supermodel stars of his “Freedom 90!” video — Cindy Crawford, Naomi Campbell, Christy Turlington and Linda Evangelista — as well as Elton John, Stevie Wonder, James Corden, Ricky Gervais, Mary J. Blige, Tony Bennett and fashion designer Jean Paul Gaultier.

At one point, Liam Gallagher of the British band Oasis calls George a “modern-day Elvis.”

If you visit GeorgeMichaelFreedomUncut.com, you can find out which theaters will be showing the film near you, and you can buy tickets as well.

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