News & Media
Regent Law School Run by Censorship Monkeys — Go Figure
I am NOT a big fan of the whole “law school prestige” crap game. C.F. What is wrong with Legal Education? If I am in a position to hire an attorney, the first thing I will do before circulating their resume will be to run a sharpie over their alma mater — unless that alma mater is Regent, Ave Maria,
Prior Restraint – TV Station May Air Broadcast
Oct. 12, 2007 · An Orlando television station cannot be restricted from airing a broadcast discussing documents belonging to a political consultant, a Florida appeals court ruled Oct. 4 Previously plagued by an election-law scandal, Orlando-based political consultant Douglas Guetzloe got a Florida court to bar Orlando TV station WKMG from airing any broadcasts covering 80 boxes of documents of
Maine Defamation Award Upheld
The First Circuit just upheld a whopper of a defamation award against Merril Lynch for statements made about a terminated employee. See Galarneau v. Merrill Lynch, __ F.3d __ (1st Cir. 2007). Unfortunately for Merrill Lynch, they appear to have neglected to raise their best First Amendment defenses at the trial level. From the language of the First Circuit opinion,
Ass-Hat Drops Suit Against Mass. Bar
As previously blogged in “Fail the Bah, Blame the Queeahs,” Stephen Dunne objected to a Massachusetts Bar exam question that had a gay marriage component in the facts. It appears that he has come to his senses and dropped the suit. (source). Defendants have removed the patently offensive and morally repugnant question from the July 26, 2007 Massachusetts Bar Examination.
Another Family Guy Suit
Seth MacFarlane just can’t seem to keep out of trouble – especially when hypersensitive overreacting IP owners want to stifle creativity in its crib by suing him (bias alert! bias alert!). In a 2003 episode of Family Guy, When You Wish Upon A Weinstein, Peter Griffin sings a song to the tune of “When You Wish Upon A Star” called
CUMBRELLA Approved for Registration
John Welch at the TTABlog has once again done me the honor of asking me to write a guest column on a recent “immoral and scandalous” trademark case. See the post here.
Condit Libel Suit Backfires
Remember Gary Condit? In July 2005, the Sonoran News published an article about Darrell Wayne Condit. One line of the article stated, “Condit, whose real name is Darrell Wayne Condit, is the younger brother of former Democratic Congressman Gary Condit, who became the main focus of the Chandra Levy case in 2001, after lying to investigators about his affair with
Defense Files New Motions in Panhandle Obscenity Case
In an ongoing obscenity prosecution, Ray Guhn’s attorneys (disclaimer, my law firm represents Mr. Guhn), filed three key defense motions. In order to sustain a prosecution for obscenity, the government must satisfy the Miller Test, which is: Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, Whether
Red Rose Stories (US v. Fletcher Case) in New York Times
The New York Times reported today on the Red Rose Stories case (previously blogged here) The story highlights how US Attorney Mary Beth Buchanan, despite taking an oath to uphold and defend the Constitution of the United States, has gone on a rampage trying to stamp out expression that doesn’t meet her standards of morality. Ms. Fletcher’s stories, however lurid,
Trademark Bullies Abound
Two of my blogger friends recently reported on a pair of trademark bullies – trademark owners with little in the way of rights, but lots in the way of money, abusing their trademark rights as if they were “magic word patents.” Ron Coleman reports on Moveon.org’s trademark bullying. (link). Apparently, someone made a T-Shirt with the following message: General Petraeus
Stuart Pivar Denies Being a "Crackpot"
One of the upsides to publishing is that you get to share your knowledge and opinions. One of the downsides… you open yourself up to criticism. I’ve certainly suffered my share of slings and arrows. If the day comes that I can’t take it anymore, I’ll stop writing. Stuart Pivar apparently published a book called LifeCode: The Theory of Biological
2257 Inspections in Florida!
XBiz reports that the FBI has conducted five 2257 inspections in the state of Florida, and that all five turned up violations. (source). None of the violations were due to underage performers, and appear to be mere bookkeeping problems. Prior post – how to handle a 2257 inspection.
Grand Jury in Kansas Hands Down Obscenity Indictments
A Johnson County, Kansas grand jury just handed down indictments against three businesses for “promoting obscenity.” (source) Spirit Halloween, a costume store affiliated with Spencer Gifts allegedly “displayed adult costumes in places where minors could view them.” (indictment here) Hollywood at Home, “unlawfully and knowingly or recklessly” possessed and intended to sell: 1) Real Female Masturbation 13, 2) Anal Machines,
First they come for the "Freaks"
Watch… yes, this happened in the United States of America. [youtube=http://youtube.com/watch?v=u8H4YATaX1k] Granted, many might look at this guy and say “what a crackpot.” Perhaps he is. I ask, what does the First Amendment mean when you can be hauled off to jail for reciting it in a public park?
Life Advice from Vincent Van Gogh
“[E]at well, be well housed, have a screw from time to time, smoke your pipe and drink your coffee in peace.” (source) Who am I to argue with a guy who cut off his own ear? HT to Ann Althouse.
Oklahoma City Bombing Defamation Case
Terry Nichols’ brother filed suit against Michael Moore for defaming him in his film, Bowling for Columbine. In that film, Moore reported that The court dismissed and the Sixth Circuit affirmed the dismissal on the grounds that the statements were substantially true, and that Mr. Nichols was a “public figure” and the plaintiff failed to show actual malice. Nichols v.
Tucker Max and Section 230
Tucker Max publishes books, websites, and blogs that some people find humorous. I certainly do. He also owns a website upon which one finds online forums in which people all over the world engage in discussion. I have never read them, but I presume that they trend to the juvenile, disgusting, and any other nasty adjective you can think of.
Jack in the Beanstalk is Real!
Well, not really. Nevertheless, if you ever teach at a community college in Iowa, be careful which fairy tales you talk about. Professor Steve Bitterman, a professor at Red Oak Community College received a pink slip for telling his students that he thought the story of Adam & Eve should not be “literally interpreted.” I told them it was an
Personal Names and the UDRP
It really is too bad that the UDRP is not more consistently applied to personal names. The Policy was supposed to decrease the number of domain name disputes that wound up in court. Unfortunately, given the trend under the policy, I would rarely bother with a UDRP complaint for a personal name. As far as personal names and the UDRP
Judge: Students Do Have Free Speech Rights
A group of students in New Jersey got upset when their school district announced a plan to require school uniforms, so they decided to protest. Two fifth grade students attending two separate elementary schools in the Bayonne School District wore buttons that said “No School Uniforms” and a slashed red circle. The background of the button was a picture of
