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Max Bretos Owes No Apology

As the world seems to be aware, the New York Knicks have a new star player named Jeremy Lin.  Not since Patrick Ewing, my fellow Hoya, joined the team have I seen such excitement over a Knickerbocker.  [Full disclosure:  I grew up in NY and I am a Knicks fan.] Over the weekend, an ESPN writer used the phrase “chink in the armor” for a headline, and Max Bretos used the phrase in a broadcast, both about Jeremy Lin.  It turns out that Jeremy Lin is Asian, and some found this offensive  .  The headline writer was fired and Bretos suspended.  Bretos, against good judgment, has apologized.   No apology was necessary or should have been forthcoming from Bretos.  

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UMassAmherst: Alumni Spotlight

UMass Amherst recently featured alumnus Marc Randazza in the journalism school’s alumni spotlight. Randazza says of the journalism school: “Every bit of my success I got because of that program.” Read More…

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Naked People- Ewwwww!

Those who live or spend a good amount of time in the Valley of the Sun will notice that, like all states, Arizona has its share of religious wackos and crazy leftists. I have friends in this state from the very far “cling to your bible and gun” right to “dear god wipe off that patchouli oil, you effing hippie” left. Arizona, in the past year or so, has gotten kind of a bad rap for its political landscape. And, while I’ll be the first to admit that sometimes my fellow Arizonans are a bit…crazy…this reputation is, at least in some instances, undeserved. Until our legislature gives us a wtf moment. It seems as though our elected officials (Representative Steve

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It's Not Over Yet.

I, for one, am elated that the Ninth Circuit Court of Appeals found Prop 8 Unconstitutional.  Source . However, I would be remiss if I didn’t at least bring up the one thing Prop 8 supporters have going for them- Prop 8 was passed by the voters. And that is a very good, very important point. Whenever the judicial branch overturns the will of the people, we all have an obligation to think twice about the rationale behind it. Even when our knee jerk reaction is to celebrate, take a moment for a sanity check because things may not always shake out in our favor. The Prop 8 supporters were right to bring this issue up and their briefing on

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Georgia Supreme Court Helps Legitimize Assisted Suicide

By J. DeVoy While illegal in 39 states, assisted suicide in not illegal in Georgia.  The state attempted to create the illusion that the practice was illegal, however, by outlawing public advertisement of assisted suicide services through OCGA § 16-5-5(b).  The statute did not forbid all offers to provide assisted suicide services, but only those publicly advertised.  Today, the Georgia Supreme Court struck down the law as an impermissible content-based restriction on free speech. Final Exit Network, Inc. v. Georgia, Case No. S11A1960 (Ga. Feb. 6, 2012). Applying both the Georgia Constitution and the U.S. Constitution, the Georgia Supreme Court subjected § 16-5-5(b) to strict scrutiny.  Succinctly stating the position of its opinion, the Georgia Court wrote: It is not all assisted

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Marc Randazza: First Amendment attorney

Las Vegas CityLife features a Q&A with attorney Marc Randazza, who was recently sworn in to the Nevada State Bar. In the article, Randazza says: I think we all need to remember that the First Amendment is there for speech that we don’t like. Otherwise, who needs it?

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Righthaven.com Now Pays Tribute To Content Creators

WebProNews posted an update on the new Righthaven.com by sharing a message posted on the website. The message states: …[W]e are beyond pleased to have retained the services of internationally known First Amendment and IP lawyer Marc J. Randazza, of The Randazza Legal Group and Kenneth White, a Partner at Brown White & Newhouse LLP, whose practice includes First Amendment and federal criminal defense. Read More…  

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Suit contesting Nevada marriage standards to go forward

By J. DeVoy District of Nevada Judge Philip Pro declined to dismiss Clark County from a lawsuit brought by the ACLU to challenge Nevada’s “religious test” for whom may solemnize a marriage as implemented by the County.  Clark County handles marriage matters in the Las Vegas metro area, ranging from issuing marriage certificates to authorizing officials to perform religious ceremonies. Under Nevada law, a marriage may be officiated only by those affiliated with established religious organizations and government officials including judges and civil marriage commissioners (including, true to Las Vegas form, those dressed as Elvis).  The ACLU’s lawsuit, filed in March 2011, seeks to challenge this practice in the wake of an atheist and members of the American Humanist Association

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New Righthaven offers hosting service "with a spine"

BoingBoing reports that the new owner of Righthaven.com, Swiss-based ISP Ort Cloud, has announced that it will offer web hosting for people worried about the potential of legal threats for the content they offer. The website has partnered with attorney Marc Randazza. The post states: Through a partnership with U.S.-based first amendment lawyers Marc Randazza and Kenneth White, the new Righthaven says it will be able to vigorously defend itself in American courtrooms–and protect its clients from those who abuse laws such as the DMCA to stifle criticism Read More…

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What happened to Cohen v. California?

[youtube=http://www.youtube.com/watch?v=ZkA-rffPVaw] A man was arrested for wearing a jacket with a political message on it while in the history exhibit at the United States Supreme Court. Yes, the same United States Supreme Court that said it was Paul Robert Cohen’s right to wear a jacket in a courthouse emblazoned with the message “fuck the draft.” Cohen v. California, 403 U.S. 15 (1971). H/T: Paul Levy

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Megaupload Shut Down, Operators Charged

XBiz reports on the shutdown of cyberlocker Megaupload.com, whose operators have been charged with running an international mega conspiracy. Attorney Marc Randazza said of the shut down: If the government can prove these claims, which seem pretty difficult to refute, these guys are going to have an uphill defense. Read More…

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Let's Be "Newtly" Open

by Tatiana von Tauber Would you find your spouse immoral if s/he asked you for an open marriage? If you’re like the general population, probably so and that’s because monogamy in marriage is so entrenched in our Judeo-Christian culture as the best way that it’s very difficult to pull out of such a norm; however, I believe Newt Gingrich showed a higher level of moral character than his current judgment dictates with respect to his second ex-wife, Marianne Gingrich’s disclosure he asked her for an open marriage. In politics as in marriage a lot of things happen in the background that aren’t always in plain view. Mixing the desires of more than one individual requires compromises otherwise you’re left with lies

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Condoms in porn: Moving industry out of state could be difficult

The Los Angeles Times reports on the new L.A. City Council ordinance that requires condom use in adult films. Attorney Marc Randazza suggests Nevada as a possible alternative for adult film companies searching for a close but more permissive venue for studios. The article states: Randazza said he would find it hard to believe that a district attorney in Nevada would target porn producers in a state that permits legalized prostitution in some areas. Read More…

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And in other copyright news … some bad news

The supreme court has ruled in Golan v. Holder that works that enter the public domain may be pushed back under the cover of copyright protection. (source) This is an absolute abomination. No surprise that our “wise latina” on the Court went with the majority.

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The Megaupload Indictment

The indictment is here. The indictment tells the story of cyberlockers in a perfect narrative — how the owners of the site knew that their site was a massive clearinghouse of stolen content, they profited from it, and they did whatever they could to mask it. The charges include Racketeering, conspiracy to commit copyright infringement, and money laundering. It looks like the Department of Justice cooperated with foreign law enforcement to actually take the owners of the site into custody. (source)

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