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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

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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

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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

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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. 

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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,

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Randazza: Legalize Child Porn?

We should be worried about the Adverse Secondary Effects of making child porn illegal. A few days ago, I brought you this post about a cop who got busted for filming the perfectly legal (in Texas) act of having sex with a dog. In it, I hinted that he also got tapped for possession of child porn, and that this

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Randazza: Screw your dog, just don’t film it!

Texas puts the “best” in bestiality! A cop got arrested for fucking a dog. Hilarity ensues. (source) And, who could sympathize with this cop? He was fucking a dog, after all. Well, that’s the thing about seeing someone prosecuted — you shouldn’t think about whether you sympathize with them. You shouldn’t think about “what happens if I want to fuck

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Randazza: Donald Trump’s Golden Opportunity

Donald Trump infamously said he was going to “open up the libel laws.” First Amendment loving people pushed back — even a lot of Trump supporters, or at least people who are not suffering from Trump Derangement Syndrome. See, e.g., Is the First Amendment Safe from Donald Trump? We don’t need to make it easier for public figures to sue

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Sao Paulo Brazil

Protect yourself in Brazil

Although you might not think often about protecting your trademark rights in Brazil, you need to – even if you don’t yet have a single Brazilian customer. Scammers are constantly looking for ways to profit off of the work of others. Anyone with a computer and a little bit of know-how can start skimming your customers. Even worse, with just

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Randazza: Castro Dead – Good Time to Talk About “Fake News”

“Journalists” are writing about “fake news” as if “bullshit” was something new. If you don’t know the name “Herbert Matthews,” but you think you know anything about Fidel Castro, you don’t know shit. Matthews was the master of journalistic fiction, and he and the New York Times are why you even know Castro’s name. Matthews covered the Italian invasion of

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Randazza: Castro is Dead. So What?

So Castro is finally dead. Some are dancing on his grave. Some are mourning him. As usual, I agree with nobody. Fulgencio Batista, the Cuban dictator who preceded him was arguably worse. Knowing that matters. Batista jailed and tortured his political opponents and was as brutal a dictator as Castro ever could have imagined. He plundered the Cuban economy for

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Randazza: Gracias por estar aquí

Lets start with what this is not. I am neither predicting doom from a Trump presidency, nor am I telling you that you have nothing to worry about. That isn’t the point. The point is not the relative merits of what happened on November 8. The point is that if you want to fix it, whatever it is, you can.

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Randazza: Delray Beach Passes Really Stupid Tattoo Studio Ordinance

The City of Delray Beach, Florida decided that it didn’t like “that kind of thing.” So, they took a page out of the moral-crusader textbook — formerly only used to ban adult bookstores and strip clubs — and informed tattoo artists that they are just not welcome in their Quiet Little Beach Community. Ordinance No. 33-16 places a number of

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Randazza: No, the Middle Finger is not “Obscene”

The finger is not obscene. Every so often, a case pops up where some prosecutor decides to press charges on someone for giving the bird. The most recent one, overturned on appeal, was in Commonwealth v. Waugaman. Mr. Waugaman flipped off his ex wife after dropping off his kids to her. From the facts, it also sounds like he was

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Randazza: Private Porn Shoots! Brilliant? No.

I often get asked the question, “why isn’t porn prostitution?” That led to a post a while back, Why is Prostitution Illegal, but Pornography is Not? And, perennially, a reporter will call me up and want a class on it. See, e.g., What’s the Difference Between Porn and Prostitution? Being asked this so many times, I finally wrote a 42

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Randazza: Yes, Vote Swapping, Vote Pairing, Trump Trading is Legal

There are a bunch of websites out there offering “vote swapping” or “vote pairing” or “Trump trading” or “vote pact” whatever you want to call it. The Reddit-lawyers are certain that this is “illegal.” It is not illegal. The idea started in 2000, when swing state voters who wanted to vote Green decided to hook up with safe-state voters who

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