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More Legal Stupidity – Brought to you by "The Innocence of Muslims"

The Innocence of Muslims seems to be the place wehre really stupid free speech positions intersect with the Arab-Israeli conflict. In the latest installment, we have the dumbest copyright infringement suit filed by anyone whose name does not end in “haven.” Actress Cindy Lee Garcia appeared in the now-infamous online film “The Innocence of Muslims.” She first filed a lawsuit

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Happy Banned Books Week!

In 1982, the Supreme Court found that students’ First Amendment rights were violated when the Island Trees School District removed Slaughterhouse Five and eight other books from library shelves. This served as the inspiration for a week-long celebration of the freedom to read, and thirty years later, Banned Books Week is still going strong. Source. Sadly, book banning is not

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Is there room for exceptionalism in the case of anti-Semitic speech?

In Slate, William Saletan asks “How can we ban hate speech against Jews while defending mockery of Muslims?” By “we” he does not mean America — but the entire West. Saletan correctly points out that it is, certainly, less tolerable to engage in “hate speech” that offends Jews than “hate speech” that offends Muslims. He thinks this is deeply hypocritical,

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Awfully Convenient…

Nakoula Basseley Nakoula, the director of the “Innocence of Muslims” movie, which has been blamed for setting off riots and murders in Islamic countries, has (conveniently?) been arrested for violating the terms of his probation. Among the terms of his probation: He was not allowed to se the Internet or a computer, which I presume he had to do in

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Arizona Supreme Court determines tattoos are protected by the First Amendment

The Supreme Court of Arizona recently held that obtaining a tattoo is pure speech and is therefore subject to the highest protection by the First Amendment. The plaintiffs in Coleman v. City of Mesa (Case No. CV-11-0351), requested a Council Use Permit (CUP) from Mesa, Arizona, to open a tattoo parlor.  The city zoning commission recommended to the city council that the

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Righthaven foe says cases are key to free speech

VegasInc recently interviewed attorney Marc Randazza about his work on the Righthaven cases, as well as intellectual property law issues throughout the legal field.  Randazza said in the interview: The real soul of our law firm is protection of free expression. Read More…

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Adult Biz Attorney Randazza on VegasInc Top Lawyer List

XBiz Newswire reports that attorney Marc Randazza recently was named a Vegas Inc. Top Lawyer for 2012. Randazza said: While being recognized as a top lawyer in Las Vegas is a great honor, it is even more so when I look at the other great lawyers who were also named to the list. Read More…

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I told you that Florida was backward…

I frequently write about how my former home state of Flori-duh is backward. Well finally, someone agrees with me. Meet Carlos Romero, 31, charged with (oh shit) “sexual activity involving an animal.” According to Local 10, a man spotted Romero “doing sexual acts with his miniature female donkey.” According to the article, Romero didn’t seem shy about his actions. He

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The Pirates And Trolls Of Porn Valley

BuzzFeed reports on the attorneys who have been pursuing people who have pirated adult movies.  Attorney Marc Randazza commented in the article: I think it’s important for companies to bring these cases. Otherwise, there’s no disincentive to stealing. Read More….

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David McKee, Are you a Tool?

I don’t know, but I think you might be learning a thing or two about the Streisand Effect. Apparently, Dennis Laurion did not like Dr. McKee’s bedside manner, reviewing him thusly: When I mentioned Dr. McKee’s name to a friend who is a nurse, she said, ‘Dr. McKee is a real tool! Case was dismissed as being pure opinion, but

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Primer On the Law of User-Generated Content

This blog often features articles on developments in § 230 of the Communications Decency Act, or the Digital Millennium Copyright Act, but the significance – and nuance – of such rulings may not be immediately appreciable to many readers.  Hopefully such posts are helpful to lawyers.  However, they are important to non-lawyers and even only casual users of the Internet. 

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This Message Brought to You By the World's Biggest Drag

Earlier this month, the State Department’s Chief Diversity Officer, John Robinson, admonished us all to watch what we say because, yet again, somebody somewhere might be offended. Source. (see column entitled “Diversity Notes”, beginning on P. 8) Most people are already familiar with the term “handicap” and why those who take issue with it do so. Similarly, anyone who’s seen

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Crime, Inc: Hollywood Robbery

CNBC explores the entertainment industry and the impact of piracy in Crime Inc–Hollywood Robbery.  CNBC interviewed attorney Marc Randazza for the program. The program will air on August 30, 2012 at 9 p.m. on CNBC. For a preview of the program, go here.

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The Copyrightability of Porn

Back in April, I wrote an article “Challenging The Copyrightability Of Porn” (html version – digital mag version) This was to confront a growing chorus of voices questioning whether porn can be copyrighted. You likely don’t need to read my article to know where I come down on it. Over the past week, The First Amendment Lawyers’ Association has honored

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FALA Asks Court to Dismiss Claim Porn Is Not Copyrightable

XBiz writes about a friend of the court brief filed by the First Amendment Lawyers Association asking a Colorado court to dismiss a claim that pornography is not copyrightable.  Attorney Marc Randazza serves as national secretary for FALA and filed the brief.  The article says: If accepted, Randazza said, a judge’s declaration over the issue could impose new restrictions, or

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