News & Media
Randazza: Something Doesn’t Click Here
A Missouri professor has gotten more than her share of negative pixels this year. I actually decided after my last column on her that I was done writing about her. Even when she claimed that her now-infamous plea for “some muscle over here” was not the real her. I resisted. “I try to remember that’s only one moment of a
The Hulk Hogan Sex Tape Case
Marc Randazza was quoted in Business Insider today about the first amendment issues in the Hulk Hogan sex tape suit against Gawker Media. Hulk Hogan’s sex tape is hardly the Pentagon Papers, but the outlet might have had a right to publish the clip even if it wasn’t in the best taste. “I could see maybe posting a few seconds to show it’s
Is the First Amendment safe from Donald Trump?
I write this as someone who was willing to vote for Trump. This gives me great pause…. Donald Trump has said a lot of strange things — some funny, some creepy, but none scarier than what he said on Friday: that if he is elected president, he will “open up our libel laws” to make it easier to sue the
Pirate Apprenticeships
by Jay Marshall Wolman How quaint the ways of Paradox! At common sense she gaily mocks! Though counting in the usual way, Years twenty-one I’ve been alive. Yet, reckoning by my natal day, Yet, reckoning by my natal day, I am a little boy of five! -The Pirates of Penzance, “When You had Left Our Pirate Fold” In Gilbert &
Randazza: Is the First Amendment safe from Donald Trump?
I write this as someone who was willing to vote for Trump. This gives me great pause…. Donald Trump has said a lot of strange things — some funny, some creepy, but none scarier than what he said on Friday: that if he is elected president, he will “open up our libel laws” to make it easier to sue the
From the Trenches at the Nevada Caucuses – Part 3 – Amongst Republicans
This is Part 3 of a 3-part series on the Nevada Caucuses. Here is the Previous episode, Part 2 3.0 – I enter the nest of the Republicans I approached the high school where the Republican Caucus was going to take place as if I were scrambling over rocks to approach Mordor. I hadn’t even told that many people where
From the Trenches at the Nevada Caucuses – Part 3 – Amongst Republicans
This is Part 3 of a 3-part series on the Nevada Caucuses. Here is the Previous episode, Part 2 3.0 – I enter the nest of the Republicans I approached the high school where the Republican Caucus was going to take place as if I were scrambling over rocks to approach Mordor. I hadn’t even told that many people where
From the Trenches at the Nevada Caucuses – Part 2 – Wallowing in the Democrats’ Ennui
This is Part 2 of a 3-part series on the Nevada Caucuses. The previous part is here. 2.0 The Democratic Caucus – sorta dirty, but not in a fun way. My wife dressed my 7 year old daughter in a tutu that looked like an American flag and my son in a shirt that had a print of the Constitution
From the Trenches at the Nevada Caucuses – Part 1.0
This is Part 1 of a 3-part series on the Nevada Caucuses. 1.0 I know Dirty… and I know Elections The big news of the day is Donald Trump’s runaway victory in the Nevada Republican caucuses. Along with it, “reports” that the process was tainted, crooked, a Trump flimflam. The “sources” for these reports are almost all people griping on
From the Trenches at the Nevada Caucuses – Part 1.0
This is Part 1 of a 3-part series on the Nevada Caucuses. 1.0 I know Dirty… and I know Elections The big news of the day is Donald Trump’s runaway victory in the Nevada Republican caucuses. Along with it, “reports” that the process was tainted, crooked, a Trump flimflam. The “sources” for these reports are almost all people griping on
From the Trenches at the Nevada Caucuses – Part 2 – Wallowing in the Democrats’ Ennui
This is Part 2 of a 3-part series on the Nevada Caucuses. The previous part is here. 2.0 The Democratic Caucus – sorta dirty, but not in a fun way. My wife dressed my 7 year old daughter in a tutu that looked like an American flag and my son in a shirt that had a print of the Constitution
Shouldn’t I get CLE for watching?
by Jay Marshall Wolman As a lawyer admitted in multiple jurisdictions, I find myself having to ensure I keep up with Continuing Legal Education (CLE) requirements. With my CIPP/US certification, I also have continuing education requirements. Doctors have CME requirements, and other certifications and professions have their own continuing education requirements. And some don’t. For example, I’m admitted in New
They’re Just as Porn-Idiotic Across the Pond
If you’re ever worried about the United States being the only western democracy with a stick up its ass about porn, fret not, we still have our friends in The Mother Country trying to keep up with us. The Government is to force users of pornographic sites to identify themselves, in an attempt to keep children from using them. Companies
Nevada Caucus Shenanigans: Why Mischievous GOP Voters could participate in Saturday’s Democratic Caucus
Nevada voters must register their party affiliation before caucusing – Democrats on Feb. 20, and Republicans on Feb. 23. Nothing about this is unusual for a closed caucus system, but there is one interesting blip. The Democrats allow same-day registration for their caucuses tomorrow, but Republicans closed their registration on Feb. 13. Therefore, any Republican who registered by Feb. 13
Two Issues with the FBI & Apple
by Jay Marshall Wolman, CIPP/US By now, practically everyone who cares has heard that Magistrate Pym has ordered Apple to help the FBI crack open an iPhone related to the San Bernadino shooting. The order is pursuant to the All Writs Act, codified at 28 U.S.C. sec. 1651. In short, it is a catch-all that lets courts issue whatever orders they
Justice Scalia Pardoned
by Jay Marshall Wolman From time to time, I read the blog “A Public Defender” by the pseudonymous Gideon. Today, in the wake of Justice Scalia’s death, he decided to post a dyslogy highlighting the concurrence in Herrera v. Collins. Gideon summarizes it as follows: In other words, in Scalia’s opinion, our Constitution would let stand the execution of an
That’s It! You’re Fired! And no, this isn’t retaliation. Is it?
by Jay Marshall Wolman The law and business are never as neat and clean as you might hope. One of the toughest problems is when two things are happening around the same time and they start to implicate each other. In law, we have the maxim “post hoc ergo propter hoc” (after this, therefore because of this) as a known logical fallacy;
The Moroz Family – From the Soviet Union to the Liberal Gulag
It is said that if you are a young conservative you have no heart, and if you are an old liberal, you have no brain. As a 46 year old Liberal, I take offense at half of that, but I would not wish to stop anyone from saying it. Unfortunately, I feel like an endangered species – the Liberal who
Why we need "White History Month" Too
You’re missing the point Easy answer: We do not need “White History Month.” “White Pride” is not the same as “Black Pride.” I’m really sick of hearing this garbage, as we hear every February. And remember, I’m the guy who keeps screaming that political correctness and identity politics are out of control. So hopefully that keeps at least one person’s
Why we need “White History Month” Too
By Marc Randazza. Easy answer: We do not need “White History Month.” “White Pride” is not the same as “Black Pride.” I’m really sick of hearing this garbage, as we hear every February. And remember, I’m the guy who keeps screaming that political correctness and identity politics are out of control. So hopefully that keeps at least one person’s attention
