News & Media
Fourth of July Heritage Loaf
[youtube=http://www.youtube.com/watch?v=N6vJYyYrRps]
The Nevada ACLU: One chapter gets it, 49 to go.
Popehat.com reports: The ACLU has long refused to acknowledge an individual right to bear arms, insisting on a narrow, collective-militia-rights interpretation of the Second Amendment. That’s unprincipled. It’s not unprincipled because the collective rights interpretation is self-evidently stupid or dishonest; that interpretation is a perfectly arguable, though wrong. The ACLU’s position is unprincipled because it bills itself as a defender of individual rights and has consistently taken the most pro-individual-right position possible in interpreting the rest of the Bill of Rights. Their flat declaration that ‘in our view, neither the possession of guns nor the regulation of guns raises a
Seven Deadly Sins
This was fun, and no surprise. I took the “Seven Deadly Sins Quiz,” and here are my results. Greed: Medium Gluttony: High Wrath: High Sloth: Low Envy: Very Low Lust: Very High Pride: High Take the Seven Deadly Sins Quiz
Fourth Circuit Public Figure Case
In Hatfill v. New York Times, __ F.3d __ (4th Cir. 2008), the Fourth Circuit reaffirms the New York Times v. Sullivan standard. If you seek the limelight, don’t be surprised when a court calls you a “public figure,” thus subjecting you to the actual malice standard in a defamation action.
"Room 8" Subpoenas and Prosecutors Running Wild
This post is a corrected version. The New York Times and Simple Justice report on a Bronx District Attorney’s First Amendment overreach. Somebody in the Bronx District Attorney’s office (nobody is taking credit for this foolishness) claims to have been investigating some poorly written death threats. (source) In the process, they issued a subpoena to the New York Political Blog Room 8 for the identity of some anonymous commenters. The First Amendment protects an individual’s right to speak anonymously. See McIntyre v. Ohio Elections Comm’n, 514 U.S. 334, 342 (1995) (“[A]n author’s decision to remain anonymous . . . is
This Might Explain Florida
Apparently the heat makes you stupid and more likely to be a criminal (if you’re white, anyhow). See Gene Expression, Colder climates favor civilization.
The Dude…
[youtube=http://www.youtube.com/watch?v=efZQhYu1E5s] Dedicated to Scott and Jon.
Bastille Day
In celebration of Bastille Day, today’s entry is my annual expression of gratitude to La République Française et les citoyens français (the French Republic and the French Citizens). It is all too popular of an American sport and political diversioin, to mock, insult, and scapegoat the French. They frequently oppose U.S. foreign policy, have a reputation for rudeness, and we do often hate that which we do not understand. I will agree that the Gallic mentality is sometimes unintelligible to me, and that France and the French are not without their current and historical flaws. Nevertheless, Anti-gallic propaganda has unfortunately
The Troy King Gay Tryst Rumor (Yes, RUMOR)
Alabama A.G. Troy King joins a long line of Republicans who made a career out of railing against the evils of homosexuality. Now, the rumor mill is churning with reports of an alleged gay tryst between King and his male assistant. No reputable source confirms this rumor at this time. Sorry, but GayWired citing Perez Hilton just doesn’t strike me as a credible way to source a story. The Pensito Review reports that King has been scrubbed from the John McCain campaign’s website, which seems like circumstantial evidence that something strange is going on. Nevertheless, the only real journalist who
Arlen Specter and Joe Lieberman on the Free Speech Protection Act
I previously blogged on the New York libel tourism prevention law and how Rep Peter King (R-NY) introduced federal legislation that would serve the same purpose. See New York steps up to the plate – passes “Libel Terrorism Protection Act”. Aside from its stupidly Orwellian name, the Act is a brilliant piece of legislation. Apparently, Arlen Specter and Joe Lieberman agree. See Foreign Courts Take Aim at Our Free Speech. There can’t be too much controversy when even Joe Lieberman agrees with me on a free speech issue.
South Carolina is SO GAY!
From The State, but Hat Tip to Ann Bartow South Carolina’s top tourism agency has canceled an overseas advertising campaign targeting gay tourists. The campaign, tied to gay pride week celebrations in London, included ads that proclaimed “South Carolina is so gay.” A handful of other U.S. destinations joined the campaign, including Atlanta, Boston and New Orleans. After learning last week the state had agreed to spend tax money on the campaign — and spurred by a post on The Palmetto Scoop blog — the Department of Parks, Recreation and Tourism said Thursday it would not pay the tour operator.
Quote of the Week
I don’t think it’s the job of the law to limit the options of law-abiding citizens and businesses because of the potential harm to the Darwin-Award-winning segment of our society. -Attorney Kevin Grierson
Is this Denver or Singapore?
A citizen came to a public place, where John McCain was giving a “town hall meeting.” For some reason, the Secret Service told the police to remove this citizen because she was holding a sign that said “McCain=Bush.” And the police? Like the pussy little lapdogs they are, rolled over, issued her a ticket, removed her from the premises, and threatened her with arrest if she returned. So much for their oath to uphold and defend the constitution against all enemies, foreign and domestic. [http://www.youtube.com/watch?v=6lyaMrS0hzk] The right to engage in political speech used to be the most sacred of all
Page One Girl – Camille Paglia
More proof that you can be a feminist and intelligent. You can be a strong woman without being a frump toward anyone else who is trying to have a good time. You can be a feminist icon without trying to be yet another svengali-type women’s studies blowhard. Meet Camille Paglia, one woman who will definitely be on the list of authors my daughter will be encouraged to read. Gail Dines, not so much.
New Yorkers in Red Sox Nation
This is what happens when you let a New York law firm represent the Boston Red Sox. A Bostonian filed an Intent to Use application for the mark “RAD SEX.” (source). The Boston Red Sox filed an opposition on the grounds of likelihood of confusion, false connection, disparagement of the RED SOX mark, and (drum roll) because the mark is “immoral and scandalous.” The applicant filed his answer, but the case is still in its infancy. I’m rooting against the Red Sox — just this once. Not only do I hope that Red Sox Nation loses this dispute, but I’m
Lessons Learned from Square Watermelons
A cool article from Hard Knox Life.
Law Professor gets pwned by pornographer
Prof. Barry McDonald is a “First Amendment Professor” who doesn’t seem to know a freakin’ thing about the First Amendment. Not that Pepperdine is a bastion of intellectual prowess, but the fact that this ass clown has a teaching gig anywhere should shock us all. Kudos to the L.A. Times for giving Mr. John Stagliano this platform upon which he can punk McDonald. I remember when one of the qualifications to teach something was that you had to have actually done that thing. You want to teach at the motorcycle mechanics institute, you had better have fixed a motorcycle once
Stagliano Video
A representative of the group Bureaucrash wrote me and sent me a link to this video. I feel like uploading it to my iPod touch, strapping that to a brick, and throwing it through some douchebag’s window. [youtube=http://www.youtube.com/watch?v=DP29rWi5YI8] Unfortunately, I only have one iPod, but there are just so many douchebags with windows to smash.
Indiana Explicit Materials Law Struck Down
An Indiana state law that required vendors of “explicit material” to register with the state and pay a $250 fee has been crushed in a resounding victory for free speech rights in the Hoosier State. U.S. District Judge Sarah Evans Barker axed the law as overbroad, holding that it applied to lawful, nonobscene, nonpornographic materials being sold to adults. A romance novel sold at a drugstore, a magazine offering sex advice in a grocery store checkout line, an R-rated DVD sold by a video rental shop, a collection of old Playboy magazines sold by a widow at a garage sale
Goodbye Windows!
This is my first blog posting from my new Mac. I went over to Windows during law school, because you had to have special software to access Lexis and Westlaw, and they only made it for Windows. Finally, after 9 years of hating every computer I have used, I’m back. Windows is for suckaz!