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Joe Arpaio's Cronies Disbarred

Andrew Thomas, former Maricopa County Attorney, and his former deputy, Lisa Aubuchon got their comeuppance today, courtesy of the Arizona Bar. The disciplinary panel dismissed a few charges, but it found “clear and convincing evidence” that Thomas and Aubuchon abused their prosecutorial powers while trying to prosecute county Supervisors Mary Rose Wilcox and Don Stapley, Superior Court Judge Gary Donahoe, and others. The panel found that Thomas and Aubuchon launched unethical attacks on their political enemies. (source) The article in the Phoenix New Times quotes Arizona ethics attorney Denise Quinterri. Though Thomas and Aubuchon lose only their Arizona law licenses, Quinterri says it’s unlikely another state will accept them as lawyers — not without, again, evidence they’ve been “rehabilitated.” I

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New York: Republication of Libel is not Libel

A New York Court has held that if an online publisher re-publishes a defamatory statement, that does not make the republisher liable for defamation — with the caveat that the republisher relies on a reputable source. “A re-publisher of a work may rely on the research of the original publisher, absent proof that the re-publisher had or should have had substantial reasons to question either the accuracy of the article or the good faith of the reporter.” (source) I have not seen the complete decision yet, so I am relying on Courthouse News Service for this information. But, according to this decision, I should be able to do that. Courthouse News Service is a reliable source.

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The Prince of Darkness’ Family Jewels.

I heard on the radio it was Good Friday today.  “Damn right it’s Good Friday,” I thought, “it’s the season opener for the Diamondbacks.”  Baseball season is here and I am one happy camper.  Turns out, though, I totally forgot this weekend is Easter and Good Friday is something Christians celebrate in connection with Jesus’ torture, death, and zombification. But for you “only celebrate Easter and Christmas” Christians out there- beware- you are backsliding into the fiery pit of hell with every package of Paas Dye.   Something dastardly has infiltrated the fuzzy bunnies, cute little chickies, and OMG amazing candy holiday: Satan’s giggle berries. Gasp you should, this is not a new brand of candy (but how awesome would

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Potential DMCA Game Change in 2d Circuit Ruling on Viacom v. YouTube

By J. DeVoy The Second Circuit released its opinion in Viacom v. YouTube today, partially vacating  the Southern District of New York’s order granting summary judgment in favor of the online video service.  Ultimately, the case is to be remanded to the district court for fact-finding on whether YouTube had knowledge of infringement, had the right and ability to control infringing content, and YouTube’s willful blindness. Almost as soon as the Court starts writing, it delivers the gut punch: Although the District Court correctly held that the § 512(c) safe harbor requires knowledge or awareness of specific infringing activity, we vacate the order granting summary judgment because a reasonable jury could find that YouTube had actual knowledge or awareness of

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Marine who criticized Obama seeks shelter under the First Amendment

See Washington Post. My military legal experience is limited. But, if there’s one thing I learned when I was in the Army — there’s no First Amendment on base. That said, it seems perverse that a guy can’t engage in political speech just because he is in the military. UPDATE: Eric Mayer, who knows from this stuff, tells me that this is the best treatment of the story he’s seen so far.

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Perspective

Last night, I had to make a little visit to the emergency room. (BTW, everything is just fine) You know how the ER goes. My problem was pretty big, so they rushed me right in. Then out. Then in. Test. Wait. Test. Wait. My wife gets there, and is amazed at how calm I was. Normally, being made to wait around makes my head explode. The thing is, when I first got there, I had to wait about 15 minutes before they saw me. The ER at this hospital has one door to the pediatric ER and another door to the adult ER. In those intervening 15 minutes, the doors to the pediatric ER opened up, and a woman from

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You're all suspect!

I’m late to the party on this one, so I won’t comment too heavily on the Supreme Court’s recent decision that American citizens can be strip-searched after arrests for any infraction whatsoever. (NYT article here) I’d just like to suggest how we deal with this. If there are any cops out there in the DC area who still believe in the Constitution, please, FUCKING PLEASE, keep your eye on Justice Kennedy, Justice Roberts, Justice Scalia, Justice Roberts, and Justice Thomas. If they break the speed limit by 1 mile per hour, jaywalk, or fail to properly sort their recycling, grab them, arrest them, and strip search them. After all, they all agreed with this: People detained for minor offenses can

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Who killed chivalry? Our "pussified legal system"

Mike at Crime & Federalism makes a good case for not giving a shit when you see someone getting harassed or picked on. (here) Essentially his point is that if she’s not actually getting raped or killed, you have more of a chance of winding up in prison for being a “White Knight,” so better to let small petty annoyances go unchecked. Why? Because we have a “pussified legal system.” I am not sure if I’d 100% sign on to his view. But, it is persuasive. We have become pussified. There was a time when you could rightfully punch a guy while defending a woman’s honor. No physical threat necessary. Now? Good luck with raising that as a defense if

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Carlos Miller on Crystal Cox

Color me embarrassed. Carlos Miller is one of my First Amendment heroes. He fights for the rights of photographers everywhere. I’m not talking as some cushy lawyer. He is in there, in the trenches, and gets arrested for it. He wrote about the Crystal Cox extortion case back in December, and I missed the story. He’s done as good a job as anyone, if not better, in showing how this is not a bloggers vs. journalists story at all.

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New York Times chimes in on the Crystal Cox Story

David Carr brings us “Judge Clarifies That Bloggers Can Be Journalists (Just Not One in Particular)” this column on the Crystal Cox “bloggers vs. journalists” story. The first time this story broke, much of the reporting on it was sloppy. Bloggers and “traditional” journalists alike all latched on to the narrative that Judge Hernandez locked bloggers out of the journalism club (Carr was one of the few who was not fooled). This time around, the blogosphere seems to see this case for what it is: A repudiation of extortion, not of blogging. Judge rules, again, that blogger Crystal Cox is not a journalist. You know why? Because she ISN’T a journalist. Crystal Cox – Investigative Blogger? No, More Like A

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