News & Media
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 something that has been relegated to the dark days of an intolerant past. There are plenty of pearl clutchers and busybodies out there who work diligently to make sure that theirs is the only viewpoint that matters. You know…to protect the chiiiilllllldren. The group seeking to ban books is overwhelmingly parents (shock) and sexual activity is the most popular reason.
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, calling for equal treatment of this kind of speech — ban it all or tolerate it all. This logic resonates with me as a free speech advocate. But, is it correct? Is there a rational basis, or even a compelling reason, for treating anti-semitic speech differently? Many of the laws that chap Saletan’s ass are laws in European countries prohibiting
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 order to create and distribute his film. (source). From the sounds of it, the guy isn’t the most savory character in the world. So yeah, it seems to me that he probably violated his probation. Greg Pollowitz at The National Review wrote: Listen, if you’re a two-time felon who is out on parole and told not to use an alias
A Pox on Both Your Houses – Suppressing Speech is Not the Same as Expressing Speech
The New York City Metropolitan Transit Authority recently came under fire for allowing advertisements on the New York subways that say, “In any war between the civilized man and the savage, support the civilized man. Support Israel. Defeat Jihad.” The MTA initially refused to run the ad, claiming that it was “demeaning.” However, in July a Federal Judge schooled the MTA on the meaning of the First Amendment. (Order) The MTA, a government authority, does not get to pick and chose which messages it wants to accept. With the MTA having no choice in the matter, Pamela Geller was free to purchase $6,000 worth of subway ads for a month. Naturally, I have some problems with the ad. First off,
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 CUP be approved; however, the city council voted to deny the permit after several speakers came to the meeting and expressed support or opposition to the parlor. The plaintiffs filed suit against Mesa, claiming that the CUP was denied on the basis that the business would be operated as a tattoo parlor, in violation of the First Amendment. The Trial
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…
Las Vegas lawyer’s clients include porn sellers and Chinese news service
VegasInc reports on attorney Marc Randazza’s recent work on copyright and defamation cases. Randazza said: We don’t want courts making value judgments about intellectual property. It could be rap music next or some new medium of expression we can’t even envision. Read More…
Why Audio/Video Recording Law Enforcement is Necessary and Protected by the First Amendment
By: Jonathon C.A. Blevins If anything is protected by the First Amendment, audio/video recording a public servant in a public place while performing a public function is protected. One does not need to be a First Amendment scholar to conceptualize the basic foundation of this concept. However, a respected jurist, Judge Posner of the US Court of Appeals for the Seventh Circuit, seemed puzzled. Chris Drew was arrested in 2009 for selling artwork without a permit. Apparently, this is an arrest- able offense in Chicago, IL. While being arrested, Mr. Drew recorded the events. Unfortunately for Mr. Drew, the act of recording an officer in a public place is a violation of state law. The entire “eavesdropping law” can be
Adult Industry Attorney Marc Randazza Honored as a VegasInc 2012 Top Lawyer
AVN writes that adult industry attorney Marc Randazza has been named a VegasInc Top Lawyer for 2012. Read More…
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…
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 allegedly told deputies that he “performed sex acts” with the donkey 5 or 6 times, and that, “Florida is a backwards state and people frown on zoophilia here.”
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….
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 reinstated on appeal. It is now before the Minnesota Supreme Court. Regardless of the outcome, gajillions more have seen the negative review. Lawyers should counsel their clients on the potential of the Streisand Effect when handling cases such as this. Source: http://www.startribune.com/lifestyle/health/168552176.html?refer=y
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. In order to provide retroactive context to those articles and background for future ones, we provide this brief history of Internet-related laws. … In the two decades since the Internet reached large-scale consumer adoption, its role in business, recreation and every facet of life has been largely taken for granted. However, it interacts with the law in a number of
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 the Boondock Saints knows the consequences of using “Rule of Thumb”. But also added to the growing list of verboten phrases are: “Hold down the fort” for being offensive to Native Americans, “Black and Tan” for being insensitive to the Irish, and “Going Dutch” for portraying Nederlanders as cheap. I guess a PhD in obscure history and phrase etymology are
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.
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 me by permitting me to file amicus briefs on its behalf in Colorado and Massachusetts, confronting this issue in the courts. (The MA one is a little better refined)
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 revive long-discredited ones, on what constitutes a “useful art” under the Copyright Clause. Read More…
BangBros Fingers Affiliate Who Allegedly Registered BangBross.com
XBiz reports that BangBros.com has sued an affiliate for cybersquatting, trademark infringement, and unfair competition. BangBros.com is represented by the Randazza Legal Group in the suit. The article states: BangBros said in the suit that Thomas and Stratis provided false registration information and used a Whois privacy service because they were fully aware that their conduct infringed upon BangBros trademark and breached their affiliate deal. Read More…
Kim Dotcom… point, counterpoint, discuss
Kim Dotcom posted this video: [youtube=http://www.youtube.com/watch?v=MokNvbiRqCM] and a parodist posted this one [youtube=http://www.youtube.com/watch?v=TEqrZ2BfeVw] [polldaddy poll=6450163]
