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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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Jonas Williams: If you are a process server, you damn well better not lie on your service affidavit

This is, in the grand scheme of things, not a very important case. However, to a lot of people, it might be. There was a process server operating in San Diego by the name of Jonas Williams. Instead of actually serving the people he was asked to, he just signed the affidavits of service as if he did. I was not his first victim, but by golly I’m pretty sure that I’m his last. My wife and I filed an abuse of process claim against the guy, and prevailed. It was a default, but he’s known about the case and

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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 for the United States Supreme Court to hear the case. Stay tuned. Read more…

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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 the grade he got on the assignment was “going to fuck up my entire GPA.” When his professor overheard him, she threatened the 29-year-old father of two with (I kid you not) “detention.” Rosenbloom was brought up under the charge

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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 to secure a First Amendment win for the press and public. Read More…

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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 it has been willing to settle this matter from its inception, Thomas-Rasset has protested throughout the proceedings that she is unable to pay what the RIAA demands.  Thomas-Rasset contends there is no way the RIAA can collect on its judgment.

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A Jesuit Named Francis

By J. DeVoy The new pope is something of a mind-bender for products of Catholic education.  Explaining why takes some time, though. Jorge Bergoglio is a member of the Jesuit order, commonly known as the “Society of Jesus,” which came into existence in the late 1500’s.  (The term “Society of Jesus” previously referred to a military order established by Pope Pius II in 1450 to fight the Turks and spread Catholicism, but was eventually de-militarized and reappropriated to the Jesuits.)  Founded by St. Ignatius Loyola, the Jesuits generally are the academic wing of Catholicism and run many of its prominent

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Revenge Porn's Hunter Moore Hit With $250K Defamation Judgment

XBiz Newswire reports that revenge porn site operator was hit with a $250,000 judgment related to comments he made about Bullyville.com founder James McGibney. Randazza Legal Group represented McGibney in the defamation lawsuit. Of this case, which was the first plaintiff’s side defamation case filed by Randazza Legal Group, Marc Randazza said: While Randazza Legal Group is more well known for defending defamation cases, we take plaintiff’s side defamation cases when we think the cause is just. This was one such case. Read More…

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Alleged Copyright Troll's Day in Court

No matter your opinion on U.S. copyright law, it is the law of the land. Copying a work without consent may be unlawful and subject the copier to damages. On this blog, and others, we’ve seen instances of legitimate and illegitimate copyright claims. An entirely separate issue is the manner by which copyright claims are enforced. In the U.S. District Court for the Central District of California, there have been concerns raised regarding certain attorneys, their firms, and (as the judge termed it) their “shell” companies. Yesterday, a hearing was held at which certain non-appearing attorneys affiliated with Prenda Law

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