News & Media
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 a dog?” You should think about what’s really going on, and how it could affect you, even if you could never get a chubbie for a pug, no matter how slutty it is. In Texas, believe it or not, it is legal to have sex with your dog. Woof. Enter the Harris County DA’s Sex Crime Division. JoAnn Musick from
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 the media. New York Times v. Sullivan and its progeny have given us a wide open and robust marketplace of ideas, which has withstood the test of time. That case affirmed our “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide?open, and that it may well include vehement, caustic, and sometimes unpleasantly
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 a little effort, they can dive in and steal an entire international market from you. Pinterest learned this the hard way. It neglected getting its trademark registered in the UK, so some enterprising company filed for it instead. In the end, Pinterest tried to seize it back, but it lost. (http://www.xbiz.com/articles/175922/pinterest) An unknown company was first in line to register
Randazza: We can never be too safe! (Update – Passenger banned for life)
We can never be too safe from awful speech. You know, speech with which we disagree. That kind. This douchebag got on a flight and went on a 45 second triumphant rant about Trump. “We got some Hillary bitches on here,” the man yelled. “Come on, baby. Trump!” He then kept yelling, telling everyone that Trump is “president of every one of y’all” and if they don’t like it, “too bad.” The video is here. Clearly the most dramatic reaction on the plane was an eye roll. One woman sarcastically said “we can’t hear you.” Later, a flight attendant took Mr. Douchebag off the plane and told him that he wasn’t allowed to act that way. It seems to me
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 Ethiopia for the New York Times. He didn’t even try and hide his bias in favor of the Italian Fascists. He wrote, “[i]f you start from the premise that a lot of rascals are having a fight, it is not unnatural to want to see the victory of the rascal you like, and I liked the Italians during that scrimmage
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 personal gain like any other petty little despot. After Castro overthrew him, his family lived a life of luxury on everything they stole. In fact, his family is still a prominent fixture in Florida politics. Batista was awful and anyone who got rid of him deserves some credit. By tossing out Batista, Castro ended a period where American capitalists and
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. I don’t have a brilliant grand plan. But I have a little idea. Say “thank you.” Say “thank you” to the people who might be feeling marginalized. Say thank you to Muslims you know. Say thank you to any immigrants you know, or meet. Say “thank you” if you see a gay couple. Say thank you. Introvert? Then leave a
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 unconstitutional limits on these businesses. WHEREAS, there is NOTHING TO SEE HERE The first sign that an ordinance is unconstitutional? When its City Attorney thinks it is so constitutionally suspect that they feel the need to pack its introduction with a whole bunch of clauses that start with “WHEREAS” and then finish with “nope, we’re not violating the First Amendment,
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 being sort of a douche aside from that. But, the charge was (in part) “disorderly conduct” based on “obscene language or gesture.” (Op. at 2). He was found guilty of that charge, and sentence to 90 days probation and costs. In order for something to be “obscene” it must meet the Miller test. The court must ask: 1) whether the
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 page law review article answering that question in more detail. Suffice to say that I know this shit. Yeah, my mom is super proud. What I wish I had put in that my law review article is the answer to the now-more-frequent follow up question, “If I bring a camera to a date with a hooker, does that make it
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 were voting for Gore. A Gore voter in Massachusetts would agree to vote for Nader instead. A Nader voter in Florida would agree to, in turn, vote for Gore. That way, the Greens get that much closer to 5% of the overall popular vote, thus getting federal matching funds in the next election – but it didn’t risk pushing Bush
Randazza: No, Porn is Not Prostitution – and you can film it anywhere in America
The “Condom Wars” in California are about to come to a head. Prop 60, if it passes, will mandate condoms in adult film production (among other things). The industry has threatened to leave California, en masse, if it does pass. Those who support the measure (pretty much just the zombie-like jackass who stands to profit from it) claim that the industry can’t leave. They , and some of their toadies, claim that the only states where you can shoot porn legally are California and New Hampshire. They claim that it is considered to be “prostitution” in all other states. I’ve tackled this trope before in blog posts. But, I finally got sick enough of hearing this stupid shit that I
Randazza: No, the ABA Did Not “Censor” a Story About Donald Trump Being a Censorious Asshat
The story about the ABA “censoring” Susan Seager is not what it seems. One Newspaper reported “US lawyers ‘too scared’ to publish report on Donald Trump baselessly suing people – in case he baselessly sues them.” (source) With everyone falling over themselves to complain about Donald Trump and censorship, the real victim seems to be the facts – not free expression. First, let me introduce you to the characters: Susan Seager: She is a kick ass writer and a kick ass First Amendment lawyer. I admire her. She’s on a mission to inform us that we need more Anti-SLAPP laws. Donald Trump: A censorious ass-hat. ‘Nuff said. The ABA: I have previously called them “the most worthless bunch of do-nothing
Pro Bono Representation Grant to the American Muslim Women PAC
Randazza Legal Group is proud to announce that it has given a pro bono representation grant to the American Muslim Women PAC to provide First Amendment and Intellectual Property services to the organization. The PAC’s president, Marriam Seddiq, said, ‘Freedom of Speech and Freedom of Religion, these are key American values. We are proud to not only stand up to those values for our members and our constituents, but we are proud that a premier defender of the First Amendment has chosen to not only represent us, but has insisted on doing so for free. As we protect the rights of our constituents, we look forward to the Randazza firm protecting our Civil liberties.’ Managing partner of Randazza Legal Group,
Randazza Rejoices: The 9th Circuit Fixed its Octane Fitness Problem
Under the Lanham Act, a prevailing party can get its attorneys’ fees from the losing party in “exceptional cases.” 15 U.S.C. § 1117(a). While this is interesting enough in the trademark and false advertising litigation context, it also has some application to SLAPP suits — at least when the plaintiff tries to play games with the Lanham Act. So lets start with the Lanham Act’s fee provision — giving us fees in “exceptional” cases. What does “exceptional” mean? Well, that depends. It used to be that “an exceptional case” was “one that can be characterized as malicious, fraudulent, deliberate and willful . . . or one in which evidence of fraud or bad faith exists.” See, e.g., Tire Kingdom, Inc.,
Is Trump Really "Libel Proof?"
Is Donald Trump’s controversial reputation sufficient to refer to him as “Libel Proof”? On one hand, with Trump’s numerous statements dating back decades about how he objectifies women and his recently leaked statements he calls “locker room talk,” it’s hard to see how his reputation on this point could get any worse. On the other hand, Trump doesn’t quite fit the mold of the typical libel-proof plaintiff. First Amendment attorney Marc Randazza discussed the phenomenon of the libel-proof plaintiff and more. Read the entire article here.
Randazza: No, it is not illegal to read Wikileaks
Chris Cuomo seems to be following his big brother’s lead when it comes to the First Amendment. On CNN, Cuomo said: “Also interesting is, remember, it’s illegal to possess these stolen documents,” Cuomo says. “It’s different for the media, so everything you’re learning about this, you’re learning from us.” Mr. Cuomo… I don’t say this lightly…. but YOU EAT AT THE OLIVE GARDEN! (I just can’t think of a worse insult to lob at an Italian. But yes, I went there.) I’m not sure if he’s confused, lying, or just mis-spoke. But, lets just make sure that no matter what his motivation, you, my dear readers, understand that a) it isn’t true, and b) don’t eat at the Olive Garden.
Randazza: Is Trump Really “Libel Proof?”
Is Trump really a “Libel-proof” Plaintiff? Donald Trump threatened to sue the New York Times for defamation based on a Times story about women accusing him of sexually assaulting them. In responding to this threat, the Times denies that there is anything defamatory about its article and mentions that “[n]othing in our article has had the slightest effect on the reputation that Mr. Trump, through his own words and actions, has already created for himself.” The Times may be right about that, but it’s far from a foregone conclusion. And, in a mad dash to virtue signal, “experts” all rushed to refer to Trump as “libel proof.” There is such a thing as a “libel-proof” plaintiff. These are people whose
An old election issue is new again – Vote Swapping
In the 2016 presidential race, there is more third-party support than at any other time in recent history. Gary Johnson’s candidacy provides an alternative to the two major party candidates. The Greens’ Jill Stein offers a progressive alternative to the Democrats’ decidedly un-progressive move to the right. The fact that most Americans would prefer neither Clinton nor Trump is a well known fact. However, many are voting for “the lesser of two evils.” But, many would also like to see the Green or Libertarian parties grow into real alternatives to the Republicans and the Democrats. What are they to do? The 2000 presidential election offers little comfort to anyone these days, but an issue that arose in that election could
Marc Randazza Calls Attention to An Objectionable Trademark Case
The adult industry news newtwork Xbiz published an article where Marc Randazza comments on the case filed by The Slants, an Asian American rock band. The case will be heard by the Supreme Court. The Supreme Court’s decision may effect the decision on NFL’s Washington Redskins trademark case. Industry attorney Marc Randazza says the adult entertainment biz should closely follow a trademark protection case that will be argued before U.S. Supreme Court justices. Read the entire article here.
