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It’s a Beautiful Thing, the Destruction of Words.

First Amendment BAMF The Foundation for Individual Rights in Education (“FIRE”) defends individual rights at American Colleges and Universities from the barrage of attacks on free speech and free expression. Every month, FIRE features an institution of higher learning that should be ashamed of itself for enacting a speech code that is, at best, terrible. This month’s honoree is the

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Steubenville, Ohio: Gang Rape + SLAPP Suit

SLAPP suits are never pretty. This one is particularly troubling. A couple of members of the Steubenville, Ohio Big Red football team were accused of kidnapping and raping a 16 year old girl at a party. (source, source) A blogger, Alexandria Goddard, wrote about the incident. Naturally, she was outraged. She wrote another post, in which she also provided a

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Press Prosecutions Relating to Occupy Movement Live On

By J. DeVoy Around this time last year, large bands of police descended upon “Occupy” encampments from coast to coast, seeking to decamp the rebelling hipsters once and for all.  What you may not know, though, is that the Los Angeles Police Department radically changed their press policy immediately before its efforts to disperse the movement: only members of the

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Anonymous Comes for Hunter Moore – Moore’s Man Card Revoked

Anonymous has now targeted Hunter Moore. In a release published today, Anon writes: Greetings citizens of the world, We are Anonymous. This is a call to all Anonymous worldwide, you have a chance to make a real difference in the lives of hundreds of bullied teenagers and protect them from real harm such as rape or stalking. Hunter Moore, Founder

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Randazza v. Cox Arbitration Decision

Those of you who recall this post about Crystal Cox will find the following document of interest. Randazza v. Cox – Decision D2012-1525 Naturally, I would find the opinion to be a good one, as the Panel found in my favor. However, the Panelist seems to have really gotten the whole point of Crystal Cox’s extortion scheme — something that

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Sticking up for the big guy: United v. Untied.com

I got this story in my inbox — that United Airlines was trying to bully a website that is dedicated to complaining about United Airlines – Untied.com. United Continental Holdings has sued a Canadian professor who maintains the 15-year-old complaint website Untied.com, which airs complaints from disgruntled United Airlines passengers and employees. Two suits filed in Canadian courts allege the

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Steve Swander

We lower the Satyricon’s flag to half mast today in honor of Steve Swander, the Immediate Past President of the First Amendment Lawyers’ Association. Mesothelioma took his life at 3:45 AM today. His practice was based in Fort Worth, Texas, where the local weekly described him as an expert at fighting authorities in the State of Texas over “morals laws.”

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Moving to Nevada

Attorneys Marc J. Randazza and Ronald D. Green of the Randazza Legal Group explain why adult entertainment companies should consider moving to Nevada.  They explain in the article: When considering its proximity to California and its traditionally friendly relationship with all aspects of the sex industry, incorporation in the State of Nevada holds an unparalleled allure for adult entertainment providers.

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"Involuntary porn" site tests the boundaries of legal extortion

Ars Technica writes about the “involuntary porn” website IsAnybodyDown.com.  In the article, Marc J. Randazza speaks to some of the legal issues that can arise from the site. But it’s not clear whether the content on IsAnybodyDown qualifies as user-submitted under either safe harbor. “This doesn’t go up in an automated fashion,” Randazza told us. “They have a direct influence

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It isn't Condoms that will drive the porn industry to Nevada

Measure B passed. And, by now, everyone knows that Los Angeles will now require condoms in porn production. Cue the reporters calling me incessantly asking the same question: “Will this now push the porn industry to move to Las Vegas?” Because that is everyone’s theory. The answer is “no.” No, the porn industry will not move to Las Vegas just

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Randazza: Online Businesses Shouldn't Rely on 'Browsewraps'

Marc J. Randazza explains in an XBiz article why websites should consider reviewing their terms of service.  He explains in the article: Based on the Zappos decision and the nationwide applicability of its core holdings, any online business should review their terms and conditions.  In particular, relying on a mere “browsewrap” agreement – rather than a clickwrap one – is

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Kenneth White brings a human side to the "involuntary porn" fight

Kenneth White is a certified First Amendment Bad Ass. In fact, that’s why I love being co-counsel with him. Another reason is that Ken has this streak in him that brings humility and humanity to my desire to scream murum aries attigit and run screaming at the other side, fully nude, carrying my sword like some hallucinogenic-addled gaul. Well, Ken

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A word on bellwethers

By J. DeVoy As part of its series of posts about BitTorrent litigation, Philly Law Blog recently discussed a “bellwether” trial that U.S. District Michael Baylson has set in the Eastern District of Pennsylvania for numerous cases brought by Malibu Media LLC against several John Doe defendants.  In the literal sense, it is a bellwether case, and the trial –

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Court rules "Dirtiest Hotels" list not defamatory

By Marc J. Randazza The U.S. District Court of the Eastern District of Tennessee at Knoxville recently granted a motion to dismiss after it determined that a plaintiff hotel failed to successfully state a claim of defamation against defendant hotel review site TripAdvisor. In Kenneth M. Seaton, d/b/a Grand Resort Hotel and Convention Ctr. v. TripAdvisor, LLC, the Grand Resort

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Illinois court rules anonymous comment allegations 'sheer speculation'

A court in the Northern District of Illinois recently concluded that accusations that an internet service provider might have falsified an account in order to leave comments anonymously cannot survive a motion to dismiss. In Hadley v. GateHouse Media Freeport Holdings, a county board member filed a complaint against the publisher of the Journal-Standard for allegedly defamatory remarks made in

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Stronger Open Records Laws Might have Exposed Sandusky Sooner

After an investigation into the Penn State University’s handling of the Jerry Sandusky sexual molestation scandal, news organizations reported that the university had a long history of covering up for Sandusky’s actions.  While university officials may have been at fault for the initial cover up, an exemption to Pennsylvania’s open records law, which protects the university from public inquiry, could

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"Police Brutality" = SPAM

While Marc dismantles “attorney David Blade III,” let’s take a moment to consider the plight of Oakland, CA Police Chief Howard Jordan.  Chief Jordan’s force has apparently seen better days.  A police abuse scandal led to a federal judge ordering him to reform his department and placing him under the supervision of federal court monitor Robert Warshaw. Mr. Warshaw couldn’t

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