News & Media
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.
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
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
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
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.
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
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
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
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
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?
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.
Freedom of Expression and Morality Based Impediments to the Enforcement of Intellectual Property Rights
In the case of intellectual property rights (IPRs), some nations erect barriers to the protection of IPRs on the basis of “morality.” This paper will examine the implications of morality-based impediments to the enforcement of IPRs and their supportability under international agreements. There are significant freedom of expression issues to consider when we think about “morality” getting in the way of intellectual property rights. If that description doesn’t make you run to download it, it manages to include an academic discussion of “Cumfiesta”, “Screw You”, “Nut Sack Ale”, and Japanese porn being stolen in Taiwan. Beat that. Download the paper
Now Her Children Gather Round Her
by Jay Marshall Wolman Georgetown University has decided to violate Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. In a grand gesture that has alternately received praise or been derided as empty, the descendants of some 272 slaves sold by the Jesuits in 1838 to keep the ship afloat will now receive an admission preference. Missing from the discussion is a conversation about racial discrimination. More commonly seen in employment law, there are two major categories of discrimination: disparate treatment and disparate impact. Disparate treatment claims are pretty straightforward, where you generally try to show overt
Court Denies Request to Unmask Anonymous Online Posters
A recent case in Florida federal court provides a reminder of how important it is to plead sufficient allegations against every defendant, even unidentified John Does. COR Clearing, LLC v. Investorhub.com, Inc., Case No. 4:16-mc-00013-RH-CAS (N.D. Fla. May 11, 2016) is a case about unmasking anonymous Internet posters, but because the plaintiff was sloppy in its allegations, the court was able to deny its request to identify the posters without substantially addressing the First Amendment. The plaintiff, COR, filed a suit in Nebraska federal court against a company called Calissio Resources Group, Inc. (and other agents/employees), alleging that Calissio defrauded
Randazza: Kosovo Deserves Digital Independence
When I did my LLM in Italy, I got sat at the “Muslim Table” during a dinner. They plunked down three bottles of wine. I said “well, as long as you guys don’t mind me drinking here, I’ll be happy to be at the Muslim table.” The guy next to me says “I can not allow an American to drink alone. May Allah forgive me.” Then we drank all the wine. Then we realized that we actually look a lot alike. Like creepily so. A long friendship was born. He happened to be from Kosovo. Well, anyhow, I was emailing
The Guardian Article on Randazza Amicus Brief
UK newspaper The Guardian published an article on Friday about attorney Marc Randazza’s fight to protect the Klingon language from being restrained by copyright. The brief, filed on behalf of the Language Creation Society in lawsuit between Paramount Pictures and the producers of a fan-made Star Trek film, argued the constructed languages are not subject to copyright, no matter who created them. Randazza argued that Klingon has escaped its creators thanks to the “thousands of people” who have made it “an actual living language”. Paramount could own a dictionary or dialogue from a script, he argued, but not a language
Irish Legal News Reports on Randazza Amicus Brief
Irish Legal News published an article on Thursday commenting on a brief of amicus curiae filed by attorney Marc Randazza on behalf of the Language Creation Society seeking to protect the Klingon language from copyright control. The brief was filed in Los Angeles federal court in the matter of Paramount Pictures v. Axanar Productions. The Language Creation Society insists that Klingon is “an actual living language” that is therefore not subject to copyright law. It concludes: “Thus, Defendant’s motion to dismiss should be allowed with respect to Plaintiffs’ copyright claims over the Klingon language.” Read the entire article here.
Uproxx Comments on Randazza Brief
Popular news website Uproxx published an article on Thursday discussing the legal fight waged by attorney Marc Randazza, seeking to protect the Klingon language from copyright protection. Randazza filed the amicus curiae brief pro bono on behalf of the Language Creation Society in the matter of Paramount Pictures v. Axanar Productions. The problem with that argument is that Klingon is very much a living language. The Klingon Language Institute has focused on translating the English classics into Klingon, and translates current SF stories as well. Official government communications have been issued in Klingon. You can even use Google in Klingon. Few,
The Recorder Discusses Amicus Brief by Attorney Marc J. Randazza
The Recorder, a leading online legal news publication, wrote Thursday about an amicus curiae brief filed by attorney Marc Randazza in the matter of Paramount Pictures v. Axanar Productions. Randazza filed the brief on behalf of the Language Creation Society arguing that the Klingon language was not subject to copyright, as Paramount asserted. To say the filing is colorful doesn’t do it justice. Submitted by Marc Randazza of Las Vegas-based Randazza Legal Group, it is peppered with Klingon sayings—including a translation of a phrase from the 1998 film “The Big Lebowski.” Read the entire article here.