News & Media
Carreon Triples Down — Sues Matthew Inman
Well, Charles Carreon really did it good this time. Instead of backing away from the dispute, like he should have, he’s filed suit against Matthew Inman and Indiegogo. Carreon v. Inman Complaint. For those of you who didn’t catch the story the first time around, Carreon represents a website called “Funny Junk.” Funny Junk is a “user generated content” site — so they say they don’t post any content of their own, it all gets posted by their users. Inman, publisher of The Oatmeal, kept finding his content up on Funny Junk, and got sick of it. So, he posted something on his site bitching about it. Then, Funny Junk hired a guy who I know, like, and consider to
The Oatmeal Responds (Through Counsel)
I have, so far, not joined in the pile-on Charles Carreon that resulted when he sent his ill-considered demand letter to The Oatmeal. I did, however, fear that The Oatmeal might not be represented by good counsel who knew how to crush the demand. I stand corrected, as I have discovered that The Oatmeal is represented by none other than Venkat Balasubramani, who will lay a motherfucking smackdown if you make him. While The Oatmeal’s response is funnier, Venkat brings his A-Game here.
"You're so gay" not defamatory in New York
Good news. Telling someone “you’re so gay” will no longer get you hit with a defamation suit in New York. (Source). At the end of May, the Third Department of the New York Appellate Court held that because of changing attitudes about homosexuality, calling someone gay who isn’t is no longer defamation per se. Per se categories of defamation include “statements (i) charging [a] plaintiff with a serious crime; (ii) that tend to injure another in his or her trade, business or profession; (iii) that a plaintiff has a loathsome disease; or (iv) imputing unchastity to a woman.” Id. According to the decision, the Appellate Division Courts in dicta had included a fifth category of statements “falsely imputing homosexuality.” Id.
James John Brennan, BOOM!
James Brennan wasn’t anyone that most of you have ever heard of. He was my high school history teacher, and he died in a car accident yesterday. Brennan was a comical figure. Thick coke-bottle glasses. Wild unkempt hair. Always prone to screaming non-sequiturs either at you, or just down the hallway. If you got a question really wrong, he might just look at you and ask “your parents never tell you they love you, do they?” Brennan taught us the “forearm shiver” and would scream CEMENT!!! or BOOM!!!! at us. If you weren’t in his class, I don’t think I could ever explain that to you. Trust me, it was memorable and hilarious. I really can’t classify his personality. These
Conservative bloggers claim retaliation for crowd-sourcing posts
In an online flame war spanning across party lines, conservative bloggers say they have been targeted recently for blogging about Brett Kimberlin, a man who was convicted in the 1980s of bombings in Speedway, Ind. (Source). The bloggers started “Blog about Brett Kimberlin Day” movement to make the public more aware of him after he became a political activist. The bloggers now say that they are being retaliated against in the form of SWAT-ting—a tactic that allows hackers to infiltrate a victim’s phone system to call emergency services so it appears the phone call is coming from the residence. Blogger Aaron J. Walker, who writes under the pen name Aaron Worthing and A.W. on the blog Pattrico’s Pontifications, Big Government,
ACLU sues after middle school girls expelled over Facebook comments
The ACLU filed a complaint in the Northern District of Indiana against the Griffith Public School district after it expelled three middle school girls for a lengthy conversation they had on Facebook outside of school hours. According to the complaint, the conversation “spanned numerous subjects,” beginning with one girl complaining on her Facebook wall about cutting her legs while shaving (#FirstWorldProblems), before turning to which classmates they would kill if given the chance. The comments were littered with the typical cutesy teenage girl sprinklings of emoticons, OMGs, and LOLs, and most of the comments were directed toward the “ugly” girls, a la Mean Girls fashion. The comments were contained to Facebook, and subject and post were not discussed on campus.
You are Fined Twenty Dollars for Violation of the Verbal Morality Statute.
Creating a well-timed and well-phrased barrage of expletives has been around since the beginning of time and those who have mastered the art should be revered as national treasures (George Carlin, rest in peace). Middleborough, Massachusetts does not share this sentiment. Frustrated malcontent Mimi Duphily was fed up with young hooligans dropping the F-bomb near her auto parts store. So she did what any twat rational, intelligent human being would do- Persuade the city council to permit local police to issue fines to individuals cursing in public. Source 1. Source 2. The current Middleborough ordinance is based on a previous ordinance criminalizing profanity which is rarely, if ever, enforced. Profanity was bundled with a bunch of other “anti-social” behaviors that
What What, Fair Use on a 12(b)(6)?
“What what, in the butt?” was the question recently before justices Easterbrook, Cudahy and Hamilton in the appeal of Brownmark Films LLC v. Comedy Partners from the Eastern District of Wisconsin. (Opinion) At issue was whether South Park’s interpretation of Samwell’s “What What In The Butt,” as performed by Butters in the episode “Canada on Strike,” was non-infringing fair use under 17 U.S.C. § 107. More interestingly, though, was that Comedy Partners raised the defense on a 12(b)(6) motion to dismiss – without any discovery or opportunity therefor (see FRCP 56(d), formerly Rule 56(f)). The Eastern District of Wisconsin agreed that South Parks’ rendition of What What In the Butt was fair use, and dismissed the Complaint at the pleading
Your Time Is Their Time (Wasn’t There An Amendment Against That Sort Of Thing?)
Amy Alkon discusses the New York Bar’s new pro bono requirement in Mens News Daily. In her post, Alkon describes some of the virtues of pro bono work–including the pro bono work provided to her by attorney Marc Randazza. Alkon says: I couldn’t have afforded a lawyer to defend me, but that doesn’t mean I am entitled to a lawyer’s time. Marc cares about free speech and was extremely generous in its — and my — defense. Read More…
Boston to $10,000!
A law firm in Boston is offering the princely sum of $10,000 per year. (source) Well, in all fairness, that is the projected income for the incoming associate. “Compensation is mainly based on percentage of work billed and collected … We expect an associate to earn $10,000 in compensation in the first year.” Still, if you ever were wondering just what a scam your toilet for-profit law school is, this should be a hell of a wake up call. This job was posted to the Boston College career services website, and the firm claims that it got 35 applications. If 35 Boston College students think that $10,000 a year is worth sending in a resume, you Cooley and Touro morons
The only time Bill Clinton genuinely smiled
Is in this photo, with two well-known adult actresses. I’ve noticed that Hilary Clinton has been growing her hair out and shedding the paige-boy look she sported much of her adult life. That’s great, and more women should do the same – there are no two things worse on any girl than flip-flops and a short haircut. Unfortunately, Hilary’s efforts might not have been enough.
Flashing your headlights to warn other motorists of a speed trap = free speech
A judge in Seminole County, Florida (of all places) ruled that when a motorist flashes his lights at other motorists to warn them of an upcoming speed trap, he is engaging in First Amendment protected speech. (source).
What Gives Them The Right To Frisk Henry Kissinger?
Huffington Post writer Christopher Elliott discusses the TSA’s pat-down policy. Attorney Marc Randazza offers his opinion on the issue. Randazza said the procedures were: “implemented as part of the post 9-11 giddy civil liberties message, that we have all been forced to endure, because questioning anything that is done in the name of combating terrorism is tantamount to treason.” Read More…
A model for all teachers
By J. DeVoy [youtube http://www.youtube.com/watch?v=oDnX6ubgnk8&w=560&h=315] “Re-write that paragraph, less terrible this time.” Being mean works and gets results.
Blogger Asserts Copyright, Newspaper Editor Gets Irate – YouTube
How to properly assert your copy rights: Blogger Asserts Copyright, Newspaper Editor Gets Irate – YouTube. [youtube http://www.youtube.com/watch?v=YAtOs5yzVus&w=560&h=315] h/t Ethics Alarms
Did You Know?
The White House recently made some changes to the American Presidents’ biography page to include little factoids and tidbits about President Obama. Biographies of 20th century presidents now include a “Did you know?” section at the end that outlines what President Obama has done that relates to the particular President whose biography you happen to be reading. Source. See for yourself at http://www.whitehouse.gov/about/presidents/
Why I moved from the UK
by Charles Platt Yes we have our problems but the UK tends to be that little bit worse. No Constitution and all that. “Campaigners say the Public Order Act is being abused by over-zealous police and prosecutors to arrest Christian street preachers, critics of Scientology, gay rights campaigners and even students making jokes. Currently, Section 5 of the 1986 Act outlaws ‘insulting words or behaviour’, but what constitutes ‘insulting’ is unclear and has resulted in a string of controversial arrests.” Read more: http://www.dailymail.co.uk/news/article-2145009/Public-Order-Act-Free-speech-strangled-law-bans-insults.html#ixzz1v1pdRT7l
More Book Banning.
Fifty Shades of Grey, currently number one on the New York Times Best Seller list, is a charming story about a college graduate, her billionaire boyfriend, and their sex life. It’s labeled as erotic fiction, but it sounds more like porn for housewives. It was apparently developed from a work of Twilight fan fiction under the author’s penname (I shit you not) “Snowqueen’s Icedragon”. That should tell you everything. I have no plans to read it. But, in the continuing crusade to protect…someone…from reading about any kind of sexual encounter beyond “with the lights off and through a hole in the sheet just to make a baby”, Brevard County, Florida banned the book from its public libraries. Source. When asked
Florida's "Stand Your Ground" Does Not Mean What You Think It Does
NOTE: Nothing in this post is meant to be legal advice. If anyone acts on what they perceive to be advice, does so at their own peril. Also, as you will see, one does not want to find themselves having to utilize this defense. Lastly, the law cited is Florida Law. This post is NOT about Trayvon Martin or George Zimmerman. The events that occurred a few month ago in Sanford, FL are in the capable hands of the Special Prosecutor, Defense Attorney O’Mara and Judge Lester. The post is meant to clarify misconceptions surround Florida’s “Stand Your Ground” law. The intent is to raise the level of discourse beyond race and misinformation about the law. The need for a higher level of discourse
