News & Media
What the Bleep Do We Know? How the Use of Volunteer Moderators, LiveJournal, and the Saga of Bleeping Computer Continues to Shape the Internet
Social networking sites and online message boards are an integral part of the Internet. Those websites are able to provide unfettered forums for the exchange of ideas because they enjoy certain legal immunities. But, those immunities are eroding. The Digital Millennium Copyright Act (DMCA) provides immunity from copyright infringement, and 47 USC § 230, commonly known as Section 230, applies to all other content. These laws essentially say that a service provider is not a “publisher” of third-party content on their websites, and thus not liable for what their users do. But, some recent cases have chipped away at this immunity. Recently, the Ninth Circuit Court of Appeals ruled that LiveJournal may not be protected by the DMCA safe because
The “Pop-Up Keyboard” Defense: How Apps, Mobile Phones, and Terms of Use Work Together
Unlike the Blackberry keyboards of yesteryears, your smartphone probably has a pop-up touch-screen keyboard. Recently, the Northern District of California took issue with this modern design, and denied Uber’s motion to compel arbitration because a pop-up keyboard blocked Uber’s Terms and Conditions from view while a user registered for the app. This case is unique because it focused on the functionality of how online terms of use appear on a touch screen mobile phone. Metter sued Uber over a $5 cancellation fee in a putative class action and Uber filed a motion to compel arbitration, pursuant to its terms of use. Metter presented four different arguments to the court to show how he could not have agreed to the arbitration
Jail For Laughing Protester Is An Outrage
Marc Randazza’s most recent CNN column analyzes the recent conviction of Code Pink Protestor Desiree Fairooz after the media suggested she had been arrested merely for, “laughing at Jeff Sessions” during a Congressional hearing. There is, of course, more to the story. See – Jail for laughing protester is an outrage When Fairooz laughed loudly during Session’s confirmation hearing, Officer Coronado removed her, which caused Fairooz to protest loud enough to disrupt the session. Fairooz was charged with, “disorderly and disruptive conduct and parading or demonstrating on Capitol grounds.” However, it didn’t end there: Marc Randazza notes that a jury of her peers actually convicted her of these crimes. Marc Randazza says, “Several jurors said they sympathized with Fairooz, but
Randazza: 400,000 Reasons to be a Good Little Pet
By Marc Randazza Barry (Obama, that is) is cashing in now. He’s going to rake in $400,000 to give a speech to Cantor Fitzgerald, a Wall Street investment bank. Some on the Left are flipping out that it cuts against everything Obama was supposed to stand for. The Right is screaming about it as well. But, in all fairness, much of the Right would flip out if Obama did anything less than hurl himself into a bottomless pit full of feces, sharp sticks, and armor-plated baboons hopped up on Viagra and trained to rape humans before ripping their faces off. I was initially amused and bemused by the news and the outrage. After all, aside from Harry Truman and Jimmy
Randazza: No Laughing Matter
By Marc Randazza The news is abuzz with the unfortunate, disturbing, and misleading reports that a member of the group Code Pink was convicted of a crime for merely laughing at Jeff Sessions. That isn’t exactly what happened, but I think what happened is even worse. I discuss it here, in my latest CNN column, and hopefully also infect the readers with the notion that maybe we need to spread the word about jury nullification. See Jail for Laughing Protester is an Outrage.
Randazza: What is at Stake in the French Election
by Marc Randazza Well, something that is at stake. Whoever gets elected as French president will also become a co-prince, or co-princess, of Andorra. Yes, the French revolution did away with the French monarchy. Nevertheless, the President of the Republic of France is also the co-sovereign of the tiny Pyrenees micro-nation. Andorra itself has been open for business since 803, ever since Charlemagne wanted to thank its residents for rolling with him against the Moops. The Moops were Muslims who occupied Spain, if you didn’t know that. It got handed around like a 14 year old in adult prison, until in 1273, there was an agreement that it would be co-ruled by Spain and France. But, then in 1607, Henry
Marc Randazza’s most recent CNN column analyzes U.C. Berkley’s decision to silence Ann Coulter
See Dear Berekely: Even Ann Coulter deserves free speech There has been a wave of violent outbursts against conservative speakers during the 2016 election season, including violent protestors at Berkeley driving Milo Yiannopolous off campus a few months ago. Berekley’s reaction? When the Berkeley College Republicans invited Coulter to speak, Berkeley canceled it, citing the recent violent outbursts as the reason. Marc Randazza explains that Ann Coulter suggested disciplining the students that engaged in violence, but Berkeley decided instead to reschedule the speech on a day when no students were on campus. This is censorship. Marc Randazza says that some people on the left feel, “emboldened by a view that ‘we’ are right and the Right (is) wrong,” and goes
Randazza: I was on Infowars (and I liked it)
By Marc Randazza I’ve never been the biggest fan of Infowars. I’m glad it’s there, but it wasn’t my thing. When I got asked to be a guest on it, I expected hostility. I have to say, the interviewer, David Knight, was better than any I’ve had on CNN, Fox, or any other mainstream media. Rather than recap it, I’ll just let you watch yourself.
Randazza: The March for Science … but was it?
By Marc Randazza The “March for Science” seemed like a great idea. Science is awesome. Making decisions based on evidence and the scientific method is superior to making decisions based on superstition and emotion. So yay science. I’m certain (or at least willing to believe) that the organizers were truly motivated by a desire for evidence-based policymaking to conquer superstition and emotion. But, as I review the smug “look at how enlightened we are for marching” pictures and posts on social media, I realize that the leaders and the crowd might not have the same motivations. Science tells us that the earth is getting warmer and we are probably doing it. Science tells us that this is bad. Therefore, we
Trademark counterfeiting and the new Las Vegas Raiders
Marc Randazza, the managing partner of Randazza Legal Group, comments on Trademark counterfeiting and the new Las Vegas Raiders. “[If] you sell merchandise with ‘Raiders’ on it, you better have the permission of the NFL,” Mr. Randazza told Las Vegas 13 Action News, “[j]ust because there may not yet be a Las Vegas Raiders, doesn’t mean that’s just open territory for someone to start using that to sell merchandise.” Read the rest of the story here: http://www.ktnv.com/sports/how-to-spot-counterfeit-raiders-merchandise-in-las-vegas
Las Vegas New Porn Frontier
Right now, Las Vegas looks like the new frontier for porn. Marc Randazza, an entertainment lawyer who has studied the porn industry’s migration to Nevada, sees Kink.com’s move “in the larger context of adult entertainment companies looking just a few hours east, seeing much lower costs to doing business, and a much more business friendly environment, and more social tolerance than in California. They realize that it is a no brainer to tell California to go fuck itself.” https://www.vice.com/en_us/article/kinkcom-is-shuttering-its-san-francisco-sex-dungeon?utm_source=huffpostUS
SPRING VALLEY HIGH SCHOOL FOOTBALL RULES!
Randazza Legal Group is proud to sponsor Spring Valley High School Football. When they approached us to sponsor them, of course we said “yes.” When they told us that we got to put whatever we wanted on the back of the shirt, we saw it as a great opportunity to try and spread the gospel of the First Amendment. Of course, we wanted some quote that might inspire a young future First Amendment lawyer, but, we didn’t want it to be too legalistic. Normally, this kind of sponsorship benefits personal injury firms and other firms that do consumer-level law. “We don’t expect to ever get a client out of it,” said Managing Partner, Marc Randazza, “But, if one kid goes
Randazza Resoundingly Wins First Amendment Case
In Marc Randazza’s latest First Amendment victory, he once again fended off censorship in favor of wide open debate. In this appellate victory, the 11th Circuit Court of appeals upheld an earlier anti-SLAPP win, and a lower court decision that held that a plaintiff could not use a bogus “false advertising” claim in order to stifle free speech. This case centers around a dispute between two doctors, Dr. Steven Novella and Dr. Edward Tobinick. Marc Randazza represented Novella, a Professor of Neurology at Yale School of Medicine and the editor of Science Based Medicine, a website that promotes scientific debate in the medical community. Dr. Novella published negative opinions about Dr. Tobinick’s off-label use of a drug to treat Alzheimer’s
Randazza: Support Trump’s Pledge to Let Churches Engage in Politics
By Marc Randazza President Trump promised to get rid of a law that restricts churches from engaging in political speech. Trump said he would “totally destroy” the Johnson Amendment. That law is believed to say that if a church endorses or campaigns for political candidates, it loses its tax exempt status. The result has been a wave of shock. Why, I can’t explain, since it was one of his campaign promises. There seems to be a perception that the Johnson Amendment only applies to religious organizations. Trump’s words themselves seem to contribute to this misinformation. “I will get rid of and totally destroy the Johnson Amendment and allow our representatives of faith to speak freely and without fear of retribution.”
Randazza: Melania’s Defamation Case (Half) Dismissed
By Marc Randazza Melania Trump’s defamation case against the Daily Mail was dismissed for lack of personal jurisdiction. (source) It does, however, continue against a Maryland based blogger. The Maryland court decided that the Daily Mail, a UK-based publication, had insufficient connections to Maryland to permit a lawsuit against it there. Therefore, there was a lack of personal jurisdiction. Personal jurisdiction is often the opening skirmish in a defamation claim. Plaintiffs like to bring claims either in libel-friendly jurisdictions, or at least in jurisdictions close to home. In the United States, plaintiffs try to avoid states with Anti-SLAPP laws, for example. Or, they just try to burden the defendant with long-distance litigation. When a plaintiff brings a case in the
Randazza: Nevada’s Anti-SLAPP Statute Survives Constitutional Challenge
By Marc Randazza Nevada’s Anti-SLAPP law has survived a constitutional challenge to its validity in Shapiro v. Welt. Nevada’s original anti-SLAPP statute, Nev. Rev. Stat. 41.637 et seq., adopted in 1993. Its protections were limited to speech “in furtherance of the right to petition,” and thus it did not provide adequate protections to free speech rights in Nevada (and by extension, beyond, See Adelson v. Harris, 774 F.3d 803 (2014)). With the signing of Senate Bill 286 into law on June 3, 2013, that changed. It now protects “the right to free speech in direct connection with an issue of public concern.” In Shapiro v. Welt, the appellant challenged the constitutionality of the statute. Given that the statute relied in
Randazza: Can Trump Break the Back of Sanctuary Cities?
I attended a protest in Miami on Friday. The crowd was upset that Miami-Dade Mayor Carlos Gimenez ordered Miami authorities to cooperate with the federal government and the INS and comply with federal immigration detention policies. Prior to this, Miami was deemed to be a “sanctuary city” – or a city where the local authorities refused to comply with federal immigration law. It got some thinking, how does this all work? Can Trump command cities to enforce immigration law, if they don’t want to? Can he just withhold federal funds to coerce them? The federal government has limited powers. Where it has constitutional authority or power, it can not compel the state or local governments to cooperate. If the federal
Randazza: What Shall We Do With the Dago?
There are good and bad immigrants. Appleton Morgan explained this in Popular Science (vol 38). Morgan concluded that some immigrants just do not belong in America, no matter how hard we try and make them fit. These immigrants are prone to violence. They do not share our culture. They do not share our language. They are looking for a handout. They just can’t learn our values. The title of his article? “What Shall We Do with the Dago?” “Dago” is mental shorthand for an ugly caricature of the Italian immigrant. That swarthy laborer, chattering in a strange tongue, with strange traditions. He can never be civilized enough to fit in as an “American.” Was Mr. Morgan wrong? My great grandparents
Randazza: Maybe the Press Should Listen to Steve Bannon
It is no secret that the Trump administration has a tense relationship with the institutional media. Conservatives have long felt that the media is biased against their point of view, and with the exception of Fox News, who could really argue with them? The “objective” media, to the extent it ever existed, is an endangered species. And this election cycle, for the first time, that media bias didn’t really matter. In this election, the media was almost in lock-step in both its desire to defeat Trump, and in its complete confidence that it would succeed. Up until this election, if the press arrayed itself against a candidate or a position, the people followed. For better or worse, those days are
