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Yoga is Cultural Appropriation

Are you fucking shitting me?  A Yoga class for disabled people has been cancelled – because white people.  (source) I think its high time we have a Yoga class, in blackface, where we eat foie gras, and listen to Ted Nugent.  I hate three of the four of those things, but fuck it… anything to annoy millennial crybabies.

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Facepalm: Mafia offers to help protect NY from ISIS

Giovanni Gambino claims that ISIS is afraid of the Mafia, and that is why they haven’t set up in Sicily.  (source) “The mafia has a bad reputation, but much of that’s undeserved,” says Gambino, who moved to Brooklyn in 1988. “As with everything in life, there are good, bad and ugly parts – the rise of global terrorism gives the mafia a chance to show its good side.” No, that’s not cool. No “The Mafia” is no better than ISIS. When one terrorist group says they’ll help you with another one, that’s not exactly a good deal.

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Affirmative Action in Action

This “firefighter” was allowed to graduate from the Academy, despite being woefully unqualified.  But, she did have two overwhelming qualifications:  She had a vagina and she had a critical mass of melanin.  What she did not have was any semblance of the physical ability to do the job.  But, don’t let that get in the way of remedying past discrimination.  Fortunately, 10 days into the job, she broke her foot in a routine equipment check, so at least all the public loses is her $81K a year salary.  (source)

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Fuck Roanoke

Mayor Bowers of Roanoke, VA is “reminded that President Franklin D. Roosevelt felt compelled to sequester Japanese foreign nationals after the bombing of Pearl Harbor and the threat of harm to America from Isis now is just as real and serious as that from our enemies then.” Mind.  Blown.    

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UPDATED: I wasn't voting for Hillary anyway

But, you can bet your ass I won’t vote for her, even if Trump is running against her.  Comedians made fun of her, so she tried to get the video taken down.  (source) UPDATE:  At least two commenters noted that they are skeptical.  I should have been.  The source is not great, the terms used in the source are a bit weasel-y.  I did a bad job here.  I was thinking of deleting it, but I’d rather leave my mistake here as an example to others.  This is hardly award winning “journalism,” on this blog, but it is at least related to it, and a good journalist should always be ready to disbelieve.   I apologize for sucking this time.

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Marc Randazza Free Speech Win for Dr. Steven Novella

First Amendment attorney Marc Randazza of Las Vegas has scored a particularly important win in a case involving Steven Novella, MD and Edward Tobinick, MD. Dr. Tobinick sued Dr. Novella and Yale University in Florida, not for defamation, but for claims of false advertising and trademark infringement … Read more …

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A Slanted View of Trademarks and Free Speech

by Jay Marshall Wolman Free speech and the Lanham Act (the federal law dealing with trademarks) has been a hot topic of late.  There are two high profile matters in separate courts of appeals challenging the constitutionality of Section 2(a), which prohibits the registration of disparaging marks. In the Federal Circuit is the matter In re: Tam, in which the band, The Slants, is challenging the refusal of the registration of the mark in its name.  Their brief can be found here.  Marc previously commented on that case here. (Disclaimer: Marc wrote a brief for the First Amendment Lawyers’ Association. That brief is here. You may also want to read Marc’s infamous “Fuck” brief here. The viewpoints expressed herein are

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Wait a Cotton Pickin' Minute: Free Speech and Employment

by Jay Marshall Wolman As an employment lawyer who works for a 1st Amendment firm, I try to keep up with developments in both areas.  Sometimes, they overlap, as they did in my Twitter feed recently.  (Blatant self-promotion, feel free to follow me @wolmanj ). In Trusz v.UBS Realty Investors, LLC, the Connecticut Supreme Court was asked to consider how it should evaluate statements by employees and retaliation claims.  As noted by the court in Trusz, Connecticut employees (private, as well as public) have broad free speech rights under the Connecticut constitution: This court previously has held that because, unlike the first amendment to the federal constitution: (1) article first, § 4, of the Connecticut constitution includes language protecting free speech

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On Broken Wrists and Suing Children

by Jay Marshall Wolman It seems Eric Turkewitz and Jack Marshall are at it again, this time over the aunt (or first-cousin once removed) who sued a boy (now 12, but 8 at the time of injury) when he greeted her in a fashion that resulted in a wrist fracture.  (Disclaimer:  Marc has represented Eric, and I’ve known Jack for years as the founder of the Georgetown Gilbert & Sullivan Society).  In short, Eric says the lawsuit was cool* and Jack says “nuh uh”. In the balance, I think Eric has the better, but there is no bright line.  This wasn’t a case about $600 (even in 1800s money); juries (meaning society) typically deem that a fracture causes well over $100,000 in

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Watch porn on your lunch break, but no smoking dope

At least in Sicily it is. Good ol’ “Giuseppe Z” was minding his own business, watching a little porn on his lunch break, when some bastone in culo decided that this was too much for him to bear. Giuseppe lost his job, but he sued FIAT to get his job back. At the trial level, Giuseppe lost – with the court in Termini Imerese (near Palermo) supporting the termination. However, the Court of Appeals for Palermo reversed. Italy’s supreme court upheld the decision today. (source) In contrast, FIAT was within its rights to fire another worker for smoking weed at work. (source) Porno durante pausa pranzo? Va bene. Ma niente fumare un spinello!

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No First Amendment Right to Military Insubordination

In Wayne v. James, a Mormon airman flipped out that there were gay weddings at West Point’s chapel. In reaction to being reprimanded, he claimed that he had a right to express his sincerely held religious opinion under the Religious Freedom Restoration Act and under the First Amendment. Both arguments failed. RFRA provides that the government “shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability,” unless the burden “(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.” 42 U.S.C. § 2000bb-1. Thus, the first inquiry under RFRA is whether a government act has substantially burdened the

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Journalist Privilege (To trespass and run someone over?)

Tesla reports that two apparent Reno Gazette Journal reporters trespassed on Tesla’s property, and then ran their car into a Tesla employee who was trying to take down their tag number. (source) This is all Tesla’s side of the story, so I’ll see if there’s more to it. Here’s the Reno Gazette Journal’s side of the story The newspaper’s vehicle was damaged in the altercation. A rock had been used to shatter the driver’s-side window and the driver’s-side seat belt had been cut in half. [Sheriff] Antinoro said he couldn’t confirm how that damage occurred. (source) But, here’s a free protip: if you’re gonna go trespassing, and then run someone over, don’t do it while wearing badges from your employer,

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Disagree with feminists? That is a crime in Canada

Yep, Canada has become such a politically correct sackless nation that you’re not allowed to disagree politically with feminists anymore. (source) Update: A reader correctly pointed out that this is not yet a conviction – just some prosecutor decided that this was a crime. We’ll see what the court and the Charter of Rights and Freedoms has to say about it. But, the mere fact that a prosecutor was willing to bring charges based on these facts is quite troubling. UPDATE: A reader provided this counterpoint. The counterpoint is from a blog, Canadaland, so make of it what you will — but if it is to be believed, there’s more to this story than the National Post is reporting. On

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VanderSloot v. Mother Jones – Brennan's Ghost in Rehnquist's Robes?

While it is only a trial court decision from a state court in Idaho, Vandersloot v. Mother Jones occupies a significant place in my thoughts lately. On its surface, the decision is a wonderful thing. The decision contains more than 50 pages of research and citations, showing that the judge went to great lengths to understand the law before ruling. However, the case shows how ludicrous American defamation law can be in the absence of an Anti-SLAPP law. In this case, the defendant “prevailed” – but was still $2.5 million poorer as a result. The First Amendment means that you have a free press, but, as they say “freedom isn’t free.” The defendant ran the table both legally and factually,

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Steve Wynn Files Another Defamation Suit

Steve Wynn is a plaintiff in a new defamation suit — this time in Boston. The Boston Globe reports: In a lawsuit filed Monday in Suffolk Superior Court, Wynn Resorts Ltd. says unknown defendants defamed the company by providing subpoenas to the media related to a City of Boston lawsuit against the Massachusetts Gaming Commission. The suit alleges the city’s subpoenas were intended not to collect information but to spread falsehoods contained within the documents to hurt Wynn, the company that holds a state license to build a $1.7 billion casino resort on vacant industrial land in Everett.(source) Of course, there’s this thing called the “litigation privilege.” I’ll update this once I get a copy of the complaint, but in

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White People Like Yoga – No Whiteys Allowed

Everyone knows that White people love Yoga. (source) I guess. I love yoga. Rich milfs in yoga pants. My fucking office is located next to the rich-white-lady-in-yoga-pants capitol of the Southwest – the Coffee Bean & Tea Leaf on Town Center Drive. I walk in that place and feel like a teenager on his way to the chalkboard sometimes. But, doing yoga? I’ve tried it. I fucking hate it. But, maybe it’s that eggplant blood that Quentin Tarantino says I carry. Oh, but wait, apparently I can be either while or black or whatever and still like yoga. In fact, non-white people like yoga so much that there’s now a “safe space” for everyone except white people to do yoga.

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Right to Be Forgotten Ruling Means that He Will Never Be Forgotten

In May 2014, the European High Court ruled that EU citizens had a right to data privacy that included a right to insist that Google de-list old or irrelevant links about them. (Case) It was mis-named a “right to be forgotten,” as there is no such right at all. While it is easy to sell the public on a newfound digital human right, what the Court really handed down was a duty on Internet search engines to de-list results. Almost immediately, Google’s public relations team and a slew of other hysterics flew into a tizzy — the sky was, yet again, falling. The rallying cry was “this will break the Internet.” Whenever you hear someone say that something will “break

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