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Fourth Circuit Delivers First Amendment Ass-Kicking

This is not a Star Trek order.  There are no pithy jokes here.  There is, however, a shocking exposé of just how insidious the government can be in coercing silence when you speak out against outdated, incorrect, and even dangerous “conventional wisdom.” Cooksey v. Futrell, et al., Case No. 12-2084, 2013 WL 3215240 at *1 (4th Cir. June 27, 2013).

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Nevada's New Anti-SLAPP Law

You may have noticed that the writing has been a bit slow as of late. Well, one of the things that has been taking our attention away has been an all-hands effort up in Carson City, working on getting a realanti-SLAPP law passed here in the Silver State. We are proud to announce that the mission has been accomplished. Nevada

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First Amendment vs. Disabilities Act

(From Charles Platt) Is this a real threat, or just posturing? The ADA has already been extended far beyond the areas in which is was first designed to apply. I can certainly imagine regulations compelling web sites to be “equally accessible” to the disabled. Discussion here.

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Rakofsky v. The Internet – LINK FIXED

The long saga of Rakofsky v. The Internet is over (at least for now). The Order is here. Stay tuned, I’d imagine that there will be an appeal. The order is a bit soft, but the findings of fact are devastating.

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Copyright troll Righthaven finally, completely dead

ArsTechnica reports on the U.S. Court of Appeals for the Ninth Circuit’s decision on Righthaven v. Hoehn, affirming the U.S. District Court for the District of Nevada’s decision that Righthaven had no standing to bring suit. Randazza, who argued the case on appeal on behalf of Hoehn, said: However, given Righthaven’s unwillingness to make rational choices, I expect a petition

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The New Victorians Strike Campus Yet Again (VIDEO)

By Greg Lukianoff While they are rightfully accused of being hyper-politically correct, college campuses these days sometimes seem downright Victorian. Take, for example, the case of Isaac Rosenbloom, a student whose quest to complete college so he could become a paramedic was nearly ended after he complained to another student about an assignment after class. Rosenbloom told his classmate that

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Reversal of Fortune? Alan Dershowitz Loses in Las Vegas

In its Quote of the Day feature, legal blog AbovetheLaw.com quotes attorney Marc Randazza in his recent success in arguing for cameras in the courtroom against opposing counsel, Harvard Law Professor Alan Dershowitz. Randazza said: Without access to information, there is no free press. While it was a privilege to argue against Mr. Dershowitz, it was more of an honor

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U.S. Supreme Court passes on Thomas-Rasset Case

The United States Supreme Court declined to hear the case of Jammie Thomas-Rasset, the Minnesota woman famously sued by the RIAA (sub nom Capitol Records) in 2006 during its multi-year litigation campaign.  Thomas-Rasset has already gone through three trials and numerous appeals in this matter, and currently faces a judgment of $220,000 held by the RIAA.  While the RIAA claims

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