News & Media
What Sex Will Be Like…
If Professor Sacks gets her way, sex will be like this. Well, of course, with a lot less smiling.
Kevin Martin, at it Again with his "Porn Free Broadband Proposal"
One wonders what awful experiences in Kevin Martin’s life must have twisted him into the modern day Comstock. His latest proposal is to provide free broadband nationwide, but the company that gets the bid (under little Kevvie’s proposal) must promise to block all porn from the network. See Artstechnica.
Another Monica Blows It
When you are a Republican hack and even a Bush controlled Department of Justice determines that you broke the law, you’re probably screwed. See Justice Dept. report concludes aides broke law.
Cybersquatting in Narnia – Goliath Wins
A few weeks ago, I wrote a rather harsh assessment of Richard Saville-Smith, the registrant of narnia.mobi. He sent me a pretty spirited defense of his position and complained that I unfairly portrayed him. Consistent with my policies, I listened to him, gave him the benefit of the doubt, and I even changed the post. By the time I was done reading this guy’s emails, I was even rooting for him. I am the sucker of the day. That was all before I found out what a complete bullshit artist he is. After looking at the panel findings, I’m back
Frazier v. Winn – 11th Circuit Pledge of Allegiance Case and a Call to Amend the Pledge
In Frazier v. Winn, __F.3d__ (11th Cir. 2008), the Eleventh Circuit struck down part of Florida’s Pledge of Allegiance statute, Fla. Stat. § 1003.44(1) and upheld part of it. The statute reads: The pledge of allegiance to the flag . . . shall be rendered by students. . . . The pledge of allegiance to the flag shall be recited at the beginning of the day in each public elementary, middle, and high school in the state. Each student shall be informed by posting a notice in a conspicuous place that the student has the right not to participate in
Memphis Police Sue to Out Anonymous Critic
From Commercial Appeal via hawkhead at biglawboard Memphis Police Director Larry Godwin and the city of Memphis have filed a lawsuit to learn who operates a blog harshly critical of Godwin and his department. The lawsuit asks AOL to produce all information related to the identity of an e-mail address linked to MPD Enforcer 2.0, a blog popular with police officers that has been extremely critical of police leadership at 201 Poplar. “In what could be a landmark case of privacy and the 1st Amendment,” the anonymous bloggers write on the site, “Godwin has illegally used his position and the
Blood Alcohol Champion!
Wow… Stanley Kobierowski, 34, of North Providence Rhode Island was arrested with a … wait for it… a .491 blood alcohol content. Lets put that in perspective for you. This is the highest reading that Providence police have ever seen in a person who survived. The legal limit in Rhode Island is .08. A blood alcohol of .3 is classified as “stupor,” .4 is “comatose” and .5 is considered fatal, according to the health department. (source) Hat Tip to A Public Defender
Good Morning Gloucester on the Pregnancy Story Follow Up
Joey over at Good Morning Gloucester was approached by a journalist from Marie Claire magazine who was seeking a comment on the Gloucester “pregnancy pact” non-story. (I blogged on this here) Joey had a brilliant encounter with her. He concludes: If the media that reported on the Gloucester would have spent just a little bit of time here like Jana, instead of rehashing stereotypes from behind a keyboard in Plaineville USA they would have got the right story instead of regurgitated misrepresentations. You really should read the whole thing though. Lets hope that Marie Claire’s writers and editors aren’t the
Congressional Candidate Crybaby in Colorado
George Lilly, a Republican candidate for congress in Colorado’s First District makes this following lofty statement on his website: The oath of office to uphold and defend the Constitution is a sacred oath, and will not be violated by me under any circumstances. Compromising on principle is unacceptable to me under any circumstances! A candidate with principles is hard to find and they are few and far between. You have a chance to vote for one now if you’re tired of all of this corrupt non-sense going on in Washington D.C. Sadly enough, the man hasn’t even been elected yet,
New York Times Snubs McCain
The Times gave Obama some editorial space, and McCain submitted his own response. The op-ed editor, David Shipley, a former Clinton speechwriter and special assistant to Billy wrote: I’d be very eager to publish the senator on the op-ed page. However, I’m not going to be able to accept this piece as currently written. I’d be pleased, though, to look at another draft. Let me suggest an approach…It would be terrific to have an article from Senator McCain that mirrors Senator Obama’s piece. To that end, the article would have to articulate, in concrete terms, how Senator McCain defines victory
Pseudonymous Speech and Message Board "Acting" and the AutoAdmit Case
A fascinating post on Big Law Board: Isn’t it obvious, from all we’ve seen throughout the years on various message boards, that monikers are mainly acting names behind which someone hides in order to provide entertainment value for the owner of the moniker and/or others? Now, I don’t condone the googlebombing and outing of the female Does in the XOXO case, and I think they will get what’s coming to them for causing damage to REAL law students, but I believe some of them just made some stupid comments, not directed at any one person, all in the name of
The Third Circuit Trifecta
Someone must have conjured the spirit of Thomas Jefferson this week. The Third Circuit has issued three cases, in one week, that breathe new life into the wilting flower of Free Expression. You can tell that the Bush years are coming to an end! Here is the Third Circuit roundup: United States v. Stevens CBS v. FCC ACLU v. Mukasey
Third Circuit COPAcabana! COPA Struck Down Again
COPA is Congress’ attempt to revive the Communications Decency Act, which was a Congressional attempt to expand indecency rules to the Intertubes. On the heels of United States v. Stevens, and CBS v. FCC, the Third Circuit just issued a unanimous opinion in ACLU v. Mukasey affirming the District Court’s holding that the Child Online Protection Act (COPA) is unconstitutional as it is overbroad and unconstitutionally vague. The COPA statute (47 U.S.C. § 231(a)(1)) provides for up to six months imprisonment for anyone who knowingly posts “material that is harmful to minors” on the Web “for commercial purposes.” The statute
Death to Voicemail!
Techcrunch says “Think Before You Voicemail” and I wholeheartedly agree. The whole Techcrunch article is worth reading, but it boils down to this: Voicemail is dead. Please tell everyone so they’ll stop using it. … It takes much longer to listen to a message than read it. And voicemail is usually outside of our typical workflow, making it hard to forward or reply to easily. Voicemail is an out-dated form of communication. I find it really annoying to leave a voicemail and even more annoying to receive one. I don’t even have voicemail on my cell phone. This annoys a
Is are kids learning?
[youtube=http://www.youtube.com/watch?v=r4KnawqvugU] Hat tip to Wonkette who had this hilariously snarky analysis. This, presumably, was to explain this secret classified report: If you have to spend more money on one thing, there is less money to spend on another thing. Fox News illegally leaked this homeland security information and, in doing so, spelled “education” as “eductaion.” We hope that this was not meant as satire — which the New Yorker magazine invented only last week and now look, IT’S EVERYWHERE — because a child’s education is no laughing matter. The thought of children being so illiterate that they cannot spell a
The Economist for $12
For $12 a yearfor 12 issues, how can you go wrong? http://www.economist.com/mail/us and enter code B68. (I previously miscalculated this as $12 for a year. Ooops. But, to keep the $1 per issue price, check the “auto renew” function).
Male Dworkinite Pleads Guilty to being a Pervo
Kyle Payne“feminist” sleazeball& asshat of the week This just in from the “it figures” department. Kyle D. Payne describes himself as follows: Kyle has studied the feminist anti-pornography movement and is particularly interested in men’s roles in confronting pornography and the rape culture. In addition to his pro-feminist work, he is involved with anti-racist, free speech, peace, and anti-globalization movements. (source) On his blog, he waxes sycophantically about Gail Dines and her anti pornography crusade (source). But the burning question is this: What does a self-professed male feminist who fights porn and works toward “a more just and life-affirming culture
FCC Gets Punked Again
When, oh when, will the FCC learn that it too is governed by the First Amendment? The Third Circuit held that although the FCC possesses the authority to regulate indecent television content, it “had long practiced restraint in exercising this authority.” (Opinion at 13). This restraint had previously limited the FCC to find that broadcast material was indecent only in a few occasions “where programming contained indecent material so pervasive as to amount to ‘shock treatment’ for the audience.” (Opinion at 13). During this entire period, the FCC consistently had a policy that isolated or fleeting material was not actionable
United States v. Stevens – Protecting Animals no Justification for First Amendment Amputation
I can sellz video? INTRODUCTION If there is one fixed star in our constitutional sky, it is that content-based restrictions on free expression are repugnant and almost never permissible. If we are to create new categories of unprotected speech, we should do so as if we were amputating a limb. As a man would certainly cut off his leg to save his life, he would not do so in order to avoid mere discomfort. Similarly, carving off a piece of the First Amendment should be a sacred act – and we should, as a society, receive such an overwhelming benefit
The Alameda Books Case Comes to a Rolling Stop – Adverse Secondary Effects Doctrine Clarified
In 2002, the Supreme Court issued its opinion in Los Angeles v. Alameda Books, 535 U.S. 425 (2002) as the most recent hight court pronouncement on the adverse secondary effects doctrine. This week, a California federal court granted an adult bookstore summary judgment in the remanded case, and in the process gave a clear articulation of the often befuddling standard revealed by the 2002 Supreme Court ruling. Perhaps foreshadowing Justice Kennedy’s rise to his position as the important Supreme Court swing vote, Kennedy issued a concurrence in Los Angeles v. Alameda Books, which has come to rest as the controlling