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The Project Censored Newsletter – November 2023

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The Project’s newest yearbook, State of the Free Press 2024, is now available for preorder.

Highlighting the year’s most significant independent journalismincluding reports on toxic chemicals, climate disinformation, and union victories—State of the Free Press 2024 illuminates issues and raises voices that the establishment press have obscured or throttled.

“As they’ve done for nearly a half a century, Project Censored exposes the danger of profit-driven media, honors the brave journalists who keep the ideals of their profession alive, and inspires us all to demand better.”

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––Julianna Forlano, host of The Julianna Forlano Show

Balancing critical analysis with optimistic vision, this volume of the Project’s yearbook series shows how independent journalism can promote civic engagement and reconnect people who have otherwise lost interest in sensational “news” that distracts and polarizes us.

Learn more about State of the Free Press 2024 here.

Robin Andersen, who authored the book’s News Abuse chapter, was a featured guest on KCRW’s Scheer Intelligence with Robert Scheer. Andersen discussed how “atrocity propaganda” feeds the manufacturing of consent for Israel’s indiscriminate bombing of Palestinians in Gaza.

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Robin also appeared on Zero Hour with RJ Eskow to talk about her recent Project Censored article, How Big Media Facilitate Israeli War Crimes in Gaza, about the corporate media’s failure to provide historical background or context for the Hamas attack on October 7, which has led to the widespread demonization of Palestinians.

Steve Macek, who co-authored the Top 25 and Déjà Vu News chapters in State of the Free Press 2024, was at Busboys and Poets in Hyattsville, Maryland, on October 11 to discuss “The News that Didn’t Make the News: Project Censored on Corporate Media.” The event was co-sponsored by the University of Maryland’s MLAW Programs and also featured spoken word and poetry from JD the PROSE and music by the Emory Diggs Trio.


Adam Bessie and Peter Glanting, the author and illustrator of Going Remote: A Teacher’s Journey, will be honored by the Sacramento Literacy Foundation at the organization’s Authors on the Move event in March 2024.

Kevin Gosztola, author of Guilty of Journalism: The Political Case Against Julian Assange, continues to track and raise public awareness about that case. Gosztola’s Dissenter newsletter—which covers stories of whistleblowers in corporations and government and the obstacles they face—recently featured a report by Chip Gibbons on a letter sent to the Biden White House by a bipartisan group of Congressional members. Their letter represents “the largest congressional effort to date raising concerns with the ongoing prosecution” of Julian Assange, Gibbons reported.

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Shealeigh Voitl wrote Considering Bandcamp’s Changing Role in Music Industry Amid Layoffs about Bandcamp’s sale to Songtradr and letting go of roughly half its staff, and what the acquisition could mean for Bandcamp’s loyal artists and users as well as its remaining staff and union.

In her article, Dark Money, Leonard Leo, and the Anachronistic Supreme CourtMischa Geracoulis explores the impact of dark money in politics and the influence of figures such as Leonard Leo on the composition and traditionalist decisions of the Supreme Court.

The Censored Notebook featured Making Sense of the Establishment News Media’s Distorted Coverage of Gaza by Andy Lee Roth. Reviewing past reporting on Palestine featured by Project Censored, Roth critiqued current corporate news coverage of the violence in Gaza for its “minimization of Palestinian deaths and ahistorical reversals of victim and victimizer.”

Find the complete archives of Project Censored’s Dispatches on Media and Politics series here.

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Follow the links for each episode to learn more about the Show’s featured guests and content. Find the comprehensive archive of Project Censored Show episodes here.

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Three tips cheap and fun tips for hosting an autumn games night

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Three tips cheap and fun tips for hosting an autumn games night

MAKE the most of the longer autumn evenings by hosting a games night.

It’s a great fun activity for friends or all the family and gets the grey matter and competitive juices going.

Three tips cheap and fun tips for hosting an autumn games night

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Three tips cheap and fun tips for hosting an autumn games nightCredit: Getty

Plus, you can keep the evening cheap and cheerful with these tips.

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GAME ON: Trying to explain complicated rules can quickly suck the fun out of an evening so stick to simple and easy to understand options.

Cards Against Humanity is a great group game, but if you’ve played that one too many times, try something new.

Herd Mentality is great fun. All players have to try to write down the same answer as others in the group — get it for £13.16 at onbuy.com.

READ MORE MONEY SAVING TIPS

Or Exploding Kittens, £18 from Argos, is a strategic game of Russian Roulette that is easy to learn.

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And why not give an old-fashioned family game a new spin?

Download Charades! For Kids — the basic version is free — and a word will pop up on your phone screen through the app.

Each player holds the phone to their head so the others can see the word but they can’t and tries to guess it within a minute, based on clues from everyone else. The time limit can be changed

QUIZ-TASTIC: Putting together a quiz is a fab way to get the competitive spirit going in a group and you don’t need to buy any sets to get started.

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Give each person coming a theme — say sport, or TV — and ask them to create five or ten questions on it, then everyone takes a turn as quizmaster for their round.

FOOD AND DRINK: To avoid being stuck in the kitchen all evening, ask your pals to bring a dish each to share, plus a drink.

Or throw a few pizzas in the oven for an easy catering option.

You can take turns to host among the group — this also gives everyone a chance to challenge any victors to a rematch.

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  • All prices on page correct at time of going to press. Deals and offers subject to availability.

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Death row inmate Richard Moore has just days to make chilling choice of HOW he’ll die – and firing squad is an option

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Death row inmate Richard Moore has just days to make chilling choice of HOW he’ll die - and firing squad is an option

A DEATH row inmate set to be executed in just weeks has been asked to make a chilling choice of how he would like to die.

Richard Moore, 59, has been sentenced to death next month for brutally shooting a store assistant dead in South Carolina in 1999.

Death row inmate Richard Moore has been asked to choose his preferred method of execution

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Death row inmate Richard Moore has been asked to choose his preferred method of executionCredit: AP
The convicted killer was put on death row for the fatal shooting of a convenience store clerk

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The convicted killer was put on death row for the fatal shooting of a convenience store clerkCredit: AP
A picture of the store where the fatal shooting took place in 1999

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A picture of the store where the fatal shooting took place in 1999Credit: WYFF
Picture of the South Carolina Department of Corrections shows the new death row at Broad River Correctional Institution in Columbia

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Picture of the South Carolina Department of Corrections shows the new death row at Broad River Correctional Institution in ColumbiaCredit: AP

A letter from the state’s prison authorities asked Moore whether he would prefer to get executed by firing squad, lethal injection or electric chair.

And he must choose before October 18, the letter said.

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If he fails to make a decision, he will be electrocuted to death as per the state laws.

South Carolina’s electric chair, which was built more than a century ago in 1912, was tested last month – and was found to be working properly.

The state also permits execution by firing squad, a method that was introduced by the government in 2021.

Bryan Stirling, South Carolina’s Corrections Director, said that the prison has trained and instructed three volunteers on how to shoot a person directly in the heart.

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The appropriate guns and ammunition have also been stocked, he added.

In 1999, an unarmed Moore entered a shop run by James Mahoney in a bid to rob it.

The shopkeeper was initially not hurt, but a brawl between the two led to a shootout where Moore was able to grab hold of a gun and shoot the store clerk in the chest.

Mahoney later died from the fatal bullet wounds.

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Moore was also linked to a series of crimes, including habitual traffic offences, unlawful weapon possession, purse snatching, robbery and physical assault, Post and Courier reports.

He was also a regular consumer of crack cocaine, Daily Mail reports.

The convicted killer has been sitting on a death penalty sentence for more than 23 years now.

He is the first person ever to be given a death sentence in a murder case where the killer was initially unarmed.

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Moore has pleaded to the US Supreme Court to stop the execution – and has asked the state governor Henry McMaster for a mercy petition.

But a South Carolina governor has never granted mercy to an inmate on the death penalty in recent times.

If the execution – set to take place on November 1 – goes ahead, Moore will only be the second person to be put to death by authorities after the state resumed death penalties following a 13-year pause.

The first person to be executed in recent years was Freddie Owens who was convicted of murdering a convenience store worker in 1997 following a failed robbery attempt in Greenville.

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But he was sentenced to death when he killed Christopher Lee, a fellow prisoner, at a county jail during his trial.

His final moments saw his face twitching for five minutes as he was executed in a South Carolina prison last month.

The cold-blooded killer uttered a single “bye” to his attorney before he was given a lethal injection.

U.S. death penalty laws

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THE death penalty in the United States is governed by both federal and state laws.

Its legality and application can vary depending on the jurisdiction.

The federal government allows the death penalty for certain crimes such as terrorism, espionage, treason, large-scale drug trafficking, and murder of a federal official or law enforcement officer.

The Federal Death Penalty Act (1994) provides the legal framework for death penalty procedures in federal cases, outlining offenses that are eligible for capital punishment and procedural protections for defendants.

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As of now, 24 states permit the death penalty, while 23 have abolished it or have moratoriums.

Each state has its own laws regarding which crimes are punishable by death, usually limited to first-degree murder with aggravating circumstances (e.g., multiple murders, killing a police officer, or murder during a violent crime like robbery).

Lethal injection is the most common method of execution across the U.S., but some states have alternative methods, such as the electric chair, gas chamber, hanging, or firing squad, as secondary options or by choice of the condemned.

Some states have imposed moratoriums (temporary halts) on executions, such as California, Oregon, and Pennsylvania, even though the death penalty remains legal in those states.

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There has been a growing trend toward abolition, as public opinion has shifted, concerns about wrongful convictions have arisen, and the costs of death penalty cases have increased.

Death penalty cases involve a complex and lengthy appeals process, which includes automatic appeals to higher courts.

This process is designed to ensure that convictions are accurate and that no constitutional rights were violated during the trial.

Defendants in capital cases are afforded specific protections, such as the right to effective legal counsel and mental health evaluations.

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Freddie Owens pictured in 2017

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Freddie Owens pictured in 2017Credit: AP
A lethal death chamber in South Carolina prison

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A lethal death chamber in South Carolina prisonCredit: AP
South Carolina’s electric chair sits in the death chamber at Broad River Correctional Facility

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South Carolina’s electric chair sits in the death chamber at Broad River Correctional FacilityCredit: Getty
A chair sits in the execution chamber at the Utah State Prison after Ronnie Lee Gardner was executed by firing squad

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A chair sits in the execution chamber at the Utah State Prison after Ronnie Lee Gardner was executed by firing squadCredit: AP

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No one but Moscow gains from Polish-Ukrainian tensions

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The writer is editor-in-chief of the Polish weekly Kultura Liberalna and currently a senior fellow at the Zentrum Liberale Moderne in Berlin

In 2012, the eyes of Europe were on Poland and Ukraine as the two countries jointly hosted the European Championship football tournament. Warsaw was even keen to present itself as Kyiv’s informal ambassador to western Europe. The mental map of Europe was to move eastward.

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Polish and Ukrainian confidence about the future did not last long. In 2014, Russia attacked Ukraine, an act of aggression that cut through the region’s post-cold war optimism. Donetsk, one of eight cities that hosted the Euro matches, is occupied by Russia. The solidarity has shifted to a war footing.

Poland and Ukraine have come a long way in more than two years: from spontaneous camaraderie to a series of misunderstandings. I read this as a sign of the wider geopolitical change in the region. The reasons for the Polish-Ukrainian arguments are structural and will not easily go away. Moreover, Ukraine’s aspirations to join the EU and Nato may intensify them.

Only recently, a sharp dispute was said to have arisen in Kyiv between Ukrainian President Volodymyr Zelenskyy and Polish foreign minister Radosław Sikorski. According to media reports, which have not been denied, Zelenskyy demanded, among other things, the delivery of MiG-29 fighter jets. In turn, Sikorski demanded a solution to the problem of the exhumation of some tens of thousands of Poles murdered by Ukrainians in the Volhynian massacre during the second world war.

The ensuing non-diplomatic brawl was only one link in a chain of acrimonious incidents. In July, Władysław Kosiniak-Kamysz, Poland’s deputy prime minister and defence minister, declared that Ukraine could not be admitted to the EU until Warsaw and Kyiv resolved the issue of Volhynia. Later, the atmosphere grew more heated after Sikorski, in a closed discussion, was said to have aired the possibility of placing Crimea under a UN mandate with the prospect of a referendum on the territory’s status in the distant future. In turn, a former head of the Ukrainian foreign ministry, during a recent meeting in Poland, was tempted to make ambiguous statements that could have been interpreted as questioning Poland’s borders.

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These frictions are all the more surprising given the result of last year’s parliamentary elections in Poland. After eight years, the national populist Law and Justice (PiS) party was replaced in power by a coalition led by Donald Tusk, a former premier who had embodied Polish-Ukrainian friendship by helping to organise the Euro 2012 event. The past few weeks prove that the war is changing us all, Poles and Ukrainians alike. So what is happening?

First, the Polish government is operating under post-populist conditions. There is no automatic return to the old days. Tusk’s coalition is trying to decrease the nationalistic egoism with which the PiS government saturated society. But his strategy of moving the electorate away from the national populists is proceeding slowly and cautiously. It is like serving mild mayonnaise after eight years of spicy mustard.

In practice, this means that the Tusk government is not jettisoning all aspects of foreign policy as conducted in the PiS era. It exhibits a certain intransigence towards foreign partners, including Ukraine. This is best understood as part of the process of Poland’s transition from populism to liberal democracy.

Second, compared with 2012, the war brought an end to the era of the “junior partner” in bilateral relations. To the world’s surprise, Ukraine not only stopped Vladimir Putin’s blitzkrieg, but dared to send troops into Russian territory. It is building global relations without intermediaries. The Ukrainian army is one of the most battle-tested in Europe. In the matter of new weapons such as drones, it is Poland that could learn a lot from Ukraine.

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When peace comes, Ukraine will claim a greater role in the region. We are witnessing a geopolitical shift in eastern Europe. Kyiv wants to join Nato and the EU and to play an important role. For Ukrainian politicians, there are areas on the horizon in which reliance on foreign aid may give way to competition. In this context, they feel empowered to address the politics of historical memory more uncompromisingly.

In the meantime, all too often politicians in both countries recently have engaged in a kind of competitive verbal bidding — apparently to fill an intellectual vacuum in front of their citizens. “Where two fight, the third benefits” is the conventional saying. Moscow has not ceased to be a threat to the region. Unfortunately, recent wrangles prove that such geopolitical clichés, however true they may be, are quickly forgotten by some politicians.

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Legal & General partners with advice firm on MPS range

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Legal & General partners with advice firm on MPS range

Legal & General’s asset management division has partnered with Blue Sky Financial Planning to deliver its model portfolio service proposition.

As part of the collaboration, L&G will provide a range of multi-asset solutions for Blue Sky’s clients across the UK.

It will also manage the rebalancing of the model portfolios to ensure that investments remain aligned with Blue Sky clients’ risk profiles.

These portfolios will include a completion portfolio, which contains a selection of best-in-class active managers ,as well as L&G’s in-house funds.

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L&G will also provide wrap around services.

These include supporting Blue Sky for end client updates on strategy and regular investment updates from L&G’s asset allocation and distribution teams.

L&G will take on the management of risk and mandatory due diligence required, as well as looking after compliance and reporting functions.

Meanwhile, Blue Sky will focus on delivering financial advice for their clients.

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The partnership builds on the momentum of L&G’s MPS business, which first launched three years ago.

With over 50 clients and partners, the MPS offering is now available across 12 of the major platforms, including Aegon, Quilter and Transact.

The core MPS range is made up of 21 portfolios, across three investment styles – index, blended and ESG – as well as seven different risk profiles.

The L&G proposition also includes a platform programme and adviser hub that can be white labelled to suit adviser needs.

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Head of UK wholesale, Legal & General Asset Manager, Ben Cherrington, said: “L&G has made considerable progress with the growth of our MPS business, welcoming new clients, partners and platforms in recent months.

“Our combination of scale and investment expertise means we are well positioned to offer clients like Blue Sky tailored and robust investment propositions at a competitive price.”

Blue Sky Financial Planning CEO, Gary Neild, added: “We are delighted to further strengthen our relationship with Legal & General’s Asset Manager.

“Over the years we have enjoyed a healthy and respectful working relationship which has undoubtedly, benefitted our clients.

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“The prospect of being able to offer our clients a bespoke, tailored model portfolio service with one of the largest asset managers in the world is exciting.”

The model portfolios will be managed by Francis Chua, alongside L&G’s Asset Allocation team which is made up of 40 investment professionals.

The team has established a dedicated risk management framework and governance committee to ensure that portfolios remain on track.

They will work in partnership with the solutions team, which oversees £200bn of institutional client portfolios.

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Blue Sky is an employee-owned chartered financial planning firm based in the South-West of England.

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Ethel Kennedy, social activist and wife of Robert F. Kennedy, has died

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Ethel Kennedy, social activist and wife of Robert F. Kennedy, has died

BOSTON, Mass. (AP) — Ethel Kennedy, the wife of Sen. Robert F. Kennedy who raised their 11 children after he was assassinated and remained dedicated to social causes and the family’s legacy for decades thereafter, died on Thursday, her family said. She was 96.

Kennedy had been hospitalized after suffering a stroke in her sleep on Oct. 3, her family said.

“It is with our hearts full of love that we announce the passing of our amazing grandmother,” Joe Kennedy III posted on X. “She died this morning from complications related to a stroke suffered last week.”

“Along with a lifetime’s work in social justice and human rights, our mother leaves behind nine children, 34 grandchildren and 24 great-great grandchildren along with numerous nieces and nephews, all of whom love her dearly,” the family statement said.

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The Kennedy matriarch, whose children were Kathleen, Joseph II, Robert Jr., David, Courtney, Michael, Kerry, Christopher, Max, Douglas and Rory, was one of the last remaining members of a generation that included President John F. Kennedy. Her family said she had recently enjoyed seeing many of her relatives, before falling ill.

A millionaire’s daughter who married the future senator and attorney general in 1950, Ethel Kennedy had endured more death by the age of 40, for the whole world to see, than most would in a lifetime.

She was by Robert F. Kennedy’s side when he was fatally shot in the kitchen of the Ambassador Hotel in Los Angeles on June 5, 1968, just after winning the Democratic presidential primary in California. Her brother-in-law, President John F. Kennedy, had been assassinated in Dallas less than five years earlier.

Her parents were killed in a plane crash in 1955, and her brother died in a 1966 crash. Her son David Kennedy later died of a drug overdose, son Michael Kennedy in a skiing accident and nephew John F. Kennedy Jr. in a plane crash. Another nephew, Michael Skakel, was found guilty of murder in 2002, although a judge in 2013 ordered a new trial and the Connecticut Supreme Court vacated his conviction in 2018.

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In 2019, she was grieving again after granddaughter Saoirse Kennedy Hill died of an apparent drug overdose.

“One wonders how much this family must be expected to absorb,” family friend Philip Johnson, founder of the Robert F. Kennedy Foundation, told the Boston Herald after Michael Kennedy’s death.

Ethel Kennedy sustained herself through her faith and devotion to family.

“She was a devout Catholic and a daily communicant, and we are comforted in knowing she is reunited with the love of her life, our father, Robert. F. Kennedy; her children David and Michael; her daughter-in-law Mary; her grandchildren Maeve and Saorise and her great-grandchildren Gideon and Josie. Please keep our mother in your hearts and prayers,” the family statement said.

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Ethel’s mother-in-law, Rose Fitzgerald Kennedy, initially worried about how she would handle so much tragedy.

“I knew how difficult it was going to be for her to raise that big family without the guiding role and influence that Bobby would have provided,” Rose recalled in her memoir, “Times to Remember.” “And, of course, she realized this too, fully and keenly. Yet she did not give way.”

She founded the Robert F. Kennedy Center for Justice and Human Rights soon after husband’s death and advocated for causes including gun control and human rights. She rarely spoke about her husband’s assassination. When her filmmaker daughter, Rory, brought it up in the 2012 HBO documentary, “Ethel,” she couldn’t share her grief.

“When we lost Daddy …” she began, then teared up and asked that her youngest daughter “talk about something else.”

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In 2008, she joined brother-in-law Ted Kennedy and niece Caroline Kennedy in endorsing Sen. Barack Obama for president, likening him to her late husband. She made several trips to the White House during the Obama years, receiving the Presidential Medal of Freedom in 2014 and meeting Pope Francis in 2015.

Many of her progeny became well known. Daughter Kathleen became lieutenant governor of Maryland; Joseph represented Massachusetts in Congress; Courtney married Paul Hill, who had been wrongfully convicted of an IRA bombing; Kerry became a human rights activist and president of the RFK center; Christopher ran for governor of Illinois; Max served as a prosecutor in Philadelphia and Douglas reported for Fox News Channel.

Her son Robert F. Kennedy Jr., also became a national figure, although ultimately not as a liberal in the family tradition. First known as an environmental lawyer, he evolved into a conspiracy theorist who spread false theories about vaccines. He ran for president as an independent after briefly challenging President Joe Biden, and his name remained on ballots in multiple states after he suspended his campaign and endorsed Donald Trump.

Ethel Kennedy did not comment publicly on her son’s actions, although several other family members denounced him.

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Decades earlier, she seemed to thrive on her in-laws’ rising power. She was an enthusiastic backer of JFK’s 1960 run and during the Kennedy administration hosted some of the era’s most well-attended parties at their Hickory Hill estate in McLean, Virginia, including one where historian Arthur M. Schlesinger Jr. was pushed fully clothed into the swimming pool. In the Kennedy spirit, she also was known as an avid and highly competitive tennis player and a compulsive planner.

“Petite and peppy Ethel, who doesn’t look one bit the outdoorsy type, considers outdoor activity so important for the children that she has arranged her busy Cabinet-wife schedule so she can personally take them on two daily outings,” The Washington Post reported in 1962.

In February of that year, she accompanied her husband on a round-the-world goodwill tour, stopping in Japan, Hong Kong, Italy and other countries. She said it was important for Americans to meet ordinary people overseas.

“People have a distinct liking for Americans,” she told the Post. “But the Communists have been so vocal, it was a surprise for some Asians to hear America’s point of view. It is good for Americans to travel and get our viewpoint across.”

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Kennedy was born Ethel Skakel on April 11, 1928, in Chicago, the sixth of seven children of coal magnate George Skakel and Ann Brannack Skakel, a devout Roman Catholic. She grew up in a 31-room English country manor house in Greenwich, Connecticut, and attended Greenwich Academy before graduating from the Convent of the Sacred Heart in the Bronx in 1945.

She met Robert Kennedy through his sister Jean, her roommate at Manhattanville College in New York. They moved to Charlottesville, Virginia, where he finished his last year of law school at the University of Virginia, and then in 1957, they bought Hickory Hill from by John and Jacqueline Kennedy, who had bought it in 1953.

Robert Kennedy became chief counsel to the Senate Select Committee in 1957. He later was appointed attorney general by his brother, the newly elected President Kennedy.

She had supported her husband in his successful 1964 campaign for the U.S. Senate in New York and his subsequent presidential bid. Pregnant with their 11th child when he was gunned down by Sirhan Sirhan, her look of shock and horror was captured by photographers in images that remained indelible decades later.

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The assassination traumatized the family, especially son David Kennedy, who watched the news in a hotel room. He was just days before his 13th birthday and never recovered, struggling with addiction problems for years and overdosing in 1984.

In 2021, she said Sirhan Sirhan should not be released from prison, a view not shared by some others in her family. Two years later, a California panel denied him parole.

Although Ethel Kennedy was linked to several men after her husband’s death, most notably singer Andy Williams, she never remarried.

In April 2008, Ethel Kennedy visited Indianapolis on the 40th anniversary of the assassination of the Rev. Martin Luther King Jr. A monument there commemorated King’s death and the speech her husband had given that night in 1968, which was credited with averting rioting in the city.

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“Of all the Kennedy women, she was the one I would end up admiring the most,” Harry Belafonte would write of her. “She wasn’t playacting. She looked at you and immediately got what you were about. Often in the coming years, when Bobby was balking at something we wanted him to do for the movement, I’d take my case to Ethel. ‘We have to talk to him,’ she’d say, and she would.”

Ethel Kennedy joined President Obama and former President Bill Clinton — each held one of her hands — as they climbed stairs to lay a wreath at President Kennedy’s gravesite during a November 2013 observance of the 50th anniversary of JFK’s death.

The nonprofit center she founded remains dedicated to advancing human rights through litigation, advocacy, education and inspiration, giving annual awards to journalists, authors and others who have made significant contributions to human rights.

She also was active in the Coalition of Gun Control, Special Olympics, and the Earth Conservation Corps. And she showed up in person, participating in a 2016 demonstration in support of higher pay for farmworkers in Florida and a 2018 hunger strike against the Trump administration’s immigration policies.

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Hickory Hill was sold in 2009 for $8.25 million, and Ethel Kennedy divided her time between homes in Hyannis Port, Massachusetts, and Palm Beach, Florida.

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‘Lighter touch’ process for dismissals planned under UK workers’ bill

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UK employees who are still on probation will receive a lower level of compensation for unfair dismissal under proposals set out by the Labour government as part of its sweeping overhaul of employment law.

A provision giving workers protection against unfair dismissal from their first day in a job is the most contentious element of a wide-ranging employment rights bill published on Thursday, presented by ministers as a once in a generation upgrade of workers’ rights.

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About a third of the UK’s workforce have been in their current job for less than two years and could benefit from the new right, which Daniel Pollard, a partner at the law firm Charles Russell Speechlys, described as “the most radical change to unfair dismissal law since it was first instructed in 1971”.

But after fierce lobbying from business groups, which argue the policy will put a freeze on hiring, the government has conceded that employers will be able to follow a “lighter touch” process, if they determine a recruit is not right for the job over the course of their probation.   

Details of how a statutory probation process will work have yet to be decided, and will be set out in regulation and a code of conduct after the bill becomes law. But proposals outlined on Thursday pointed to a significant softening of the original policy. 

The government said in a “next steps” document, published alongside the bill, that its preference would be for a nine-month statutory probation period — longer than the three- to six-month periods that many employers currently operate.

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Kate Bell, assistant general secretary at the Trades Union Congress, said that making sure employers followed a fair process when they dismissed an employee would be more important than the length of probation

But the government will also “consult on what a compensation regime for successful claims during the probation period will be, with consideration given to tribunals not being able to award the full compensatory damages currently available”.

Ministers are nervous that the new right could lead to a surge in claims to employment tribunals that are already overburdened, with waiting lists of up to two years for a hearing.

The next steps document made it clear the government is seeking to deter people from pursuing shaky claims.

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But a principle that workers with a shorter tenure should not qualify for the same level of compensation as those with longer tenures will be controversial with unions, which have campaigned for “day one rights”.

Darren Newman, a consultant on employment law, said there were fears that even a “light touch” process for dismissing employees during probation could “cause chaos”, as HR departments became “bogged down in the technicalities of the procedure”.  

But limiting compensation during probation periods would be “a surprising move” given that earlier versions of Labour’s plans included proposals to lift statutory caps on tribunal awards, he noted.

The maximum award a tribunal can make for unfair dismissal is whichever is lower out of £115,115 or a year’s gross pay. But tribunals already take into account length of service when calculating compensation, and “regularly . . . award zero compensation”, Newman said.

Caspar Glyn, chair of the Employment Lawyers’ Association, said the “lighter touch” process could amount to “bringing a day one right in through the front door and smuggling it out through the back door” for employees dismissed on performance grounds.

Yet it would still be a “sea change” in protection for recent hires facing dismissal as part of a collective redundancy round, he noted.

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