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"Kool Aid" is Racist?

One of two things is going on here: Either A) I am way out of touch with racist jokes, or B) Huffington Post is full of shit. See Fox’s Brian Kilmeade Asks Black Co-host If She Makes Kool-Aid.  In this post, there seems to be manufactured outrage at a FOX News host asking about the shitty drink. A “Fox & Friends” segment on peach cobbler appeared to get uncomfortably tense when anchor Brian Kilmeade asked co-host Harris Faulkner if she serves Kool-Aid with her meals. I’ll give you that Kilmeade is an idiot, but since when is it a racist thing

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German Court: Verboten to claim three orgasms per condom

A German condom manufacturer joked on its packaging that a box of seven condoms could bring as many as 21 orgasms – one for the guy and two for the woman.  Fair Squared GmbH, a competing condom company sued the Berlin based startup, Einhorn Products GmbH for deceptive advertising. Einhorn’s packaging, in addition to the 21 orgasms joke, has a “calories burned” table, as well as a claim that the condoms contain traces of “fairy dust.”  (source) The court held that even though consumers would probably realize the claims were attempts at humor, and not real advertising claims, the packaging still violated German standards.

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Saudi Arabia and its "Justice System" Can Suck My Ass

On Friday, Nov. 17, a Saudi Arabian court sentenced the Palestinian poet, Ashraf Fayadh, to death because he renounced his Islamic faith. (source) Fayadh was investigated for blasphemy, spreading atheism and having an illicit relationship with women, based on pictures found on his phone. After initially being sentenced to 800 lashes and four years in prison, he was retried and on Nov. 17 was sentenced to death. (source) This predictably drew some criticism.  One twitter user apparently called the sentence “ISIS-like,” and that hurt the Saudi justice ministry’s tiny pink feelings. Reuters reports the Saudi justice ministry “plans to sue” that Twitter user.

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The Presidential "Turkey Pardon" is not only stupid…

It is stupid, a lie that it is a “timeless tradition,” and it is one of the most incredible acts of senseless cruelty that I’ve ever read about. It’s a sad truth. Because pardoned turkeys are bred to be robust showmen, they often live incredibly short lives. They are stuffed with a mineral-enhanced diet of corn and soybeans, and their complications are not unlike those of obese humans: heart disease, joint damage, respiratory failure, organ failure.  The turkeys we eat are bred to be obese freaks of nature, and they are miserable enough.  But, the turkeys that wind up on

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Police Bust Mahjong Game – and I actually have a relevant publication!

There are just so many angles to this story.  Its got bumbling cops, feisty old Jewish ladies, mahjong, and all of a sudden, one of my oldest publications is relevant!  Condo Casino!  (c’mon, click it and download it, get my SSRN rankings up!) So first the story, then the law stuff. Lee Delnick, Bernice Diamond, Helen Greenspan and Zelda King do what any self-respecting foursome of Jewish women in Florida would do… they get together regularly for a friendly game of mahjong in the Escondido Condominium clubhouse. (source) Then some busybody in Building 11 called the police reporting that there was a

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A breath of fresh air at Princeton

It seems that not all Princeton students are politically correct idiots who can’t string together a coherent sentence. While the victim studies types are whining to remove Woodrow Wilson’s name from a building, because he apparently harbored racist views, there are at least a few who paid attention in their high school classes. (source) Academic discourse consists of reasoned arguments. We simply wish to present our own reasoned arguments and engage you and other senior administrators in dialogue. We will not occupy your office, and, though we respectfully request a minimum of an hour of your time, we will only

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Porn Actor Cum Math Tutor Loses First Amendment Case

This is sort of a sad story.  David Mech was once known as “Dave Pounder,” a porn actor.  I do not know him personally, but everything I can find out about him suggests that he is a pretty smart guy.  (example) He has a bachelor’s degree from Michigan State University, a master’s degree from Arizona State University, and is enrolled in a Ph.D. program at Florida Atlantic University. He has taught mathematics at Palm Beach State College and is certified to teach secondary math in Florida. Mech is also a retired porn star. (Op.) Dave also happens to run a math

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Are you afraid of refugees?

I have a friend who came to the United States from Chile, fleeing the Pinochet regime.  I see the irony in fleeing Chile to the United States because of Pinochet, but lets set that aside.   On September 12, 2001, he called me to tell me he was going to give up his law practice to join the military, the NSA, the CIA, or whatever he could do to help.  “This country gave me everything,” he said.  “Now, if it needs me, I need to be there.” I have another friend, this one from Afghanistan.  Her family fled in the 1980s,

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Alla Mafia, No Grazie

Giovanni Gambino, dalla famiglia Gambino, cioè una famiglia famosa per la sua criminalità, ha offerto aiuto agli stati uniti per risolvere il problema di ISIS. (rif) Forse ha preso l’idea da Toto Riina che ha offerto la stessa cosa all’europa. (rif) Non abbiamo bisogno di una terrorista per difenderci dagli altri.  È come se il Ku Klux Klan avesse offerto ad aiutare con l’applicazione della legge.  Non paghiamo il pizzo, e non apriamo la porta per invitare d’entro la spazzatura — neanche la spazzatura che promette ad pulire la cucina dopo la cena. La cosa più triste di questa storia

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Professor "Under Investigation" for Using the Word "Nigger"

A Kansas professor is “under investigation” because the word “nigger” touched her lips, and this supposedly left a student “in tears.” (source) The professor was teaching a seminar about how to address racial issues. She admitted her view that she didn’t experience racism, so it was hard for her to fully understand it. Here is what she allegedly said: “As a white woman I just never have seen the racism…It’s not like I see ‘Nigger’ spray painted on walls…” When I read that, I don’t see someone saying “racism doesn’t happen.” I see someone saying, “when I come out of

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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

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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.

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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

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