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Happy 50th Birthday, New York Times v. Sullivan

By Reed Lee, Esq. Today rings in the 50th anniversary of the SCOTUS decision in New York Times v. Sullivan. In my view, this was the single most important free speech case the United States Supreme Court has ever decided. Alexander Mieklejohn described the Sullivan decision as “an occasion for dancing in the streets.” I would like to suggest its

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An Open Letter to Journalists

Dear Members of the Media, I sincerely appreciate all of your hard work in bringing us the news of the day. In this day and age, there is a lot of burgeoning information and it is cumbersome to sift through all of it to provide summaries to the masses. However, there is one thing you do not do that is

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Even if you win, you just screwed yourself

Rachel Canning and her parents’ problems seem like pretty typical (albeit on the upper end of things) 18 year old acting-out-behavior. Suspensions. Drinking. A lousy boyfriend. Parental ultimatum of “break up with your boyfriend, or you’re financially cut off.” So, she moves out, moves in with a friend, and the friend’s parents pay for an attorney to sue her parents

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Accused of a crime? There go your assets.

  I had some serious misgivings about Kagan due to her view that New York Times v. Sullivan should be reined in.  (source)  Of course, her views on that are at least debatable.  She just prefers some of the logic in Canada’s Hill v. Church of Scientology, [1995] 2 S.C.R. 1130.   But in Kaley v. United States, she just

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BOOM! Down goes Texas

I felt a great disturbance in the Douchebag Force, as if millions of lowlife bigot assholes suddenly cried out in terror, and were suddenly silenced. I think something wonderful has happened. (Gay marriage ban in Texas struck down — fuck you, Rick Perry) See DeLeon v. Perry.

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Update – Comfort Women Video

Yesterday’s post, Mayer Brown, shame on you. (日本、ストライサンド効果へようこそ), might come into better focus (if you need it) if you watch this video. [youtube=https://www.youtube.com/watch?v=V-UwU1-RVWs] These are the women that the lawsuit referred to like this: During World War II and the decade leading up to it, an unknown number of women from Japan, Korea, China, and a number of nations in

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Atheists, leave the Bladensburg Cross Alone

You do not need to be as sharp as a mohel’s blade to figure out that I am not the most religious guy in the world. In fact, take the view that the First Amendment provides us both freedom of religion and freedom from religion. So when I see someone file a lawsuit to remove a huge crucifix from public

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Intentional Sex Tort? (Im)practical Exercise

A while back, there was some spirited discussion about “Intentional Sex Torts” and whether misleading someone in order to hook up with them should be actionable.  (Post here) Analyze the facts below.  Should the Bass Player be liable?   What, if anything, should Ms. Jorgensen recover?

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Temple of Sweetness

By Tatiana von Tauber I grew up watching Shirley Temple as a child. I bet you did too. While we age and time runs from us, death of great icons really bring us something to be grateful for, to see our lives differently or to realize just how someone affected you, more powerfully than you knew. Shirley Temple did that

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