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Elena Kagan on the First Amendment – troubling, to say the least.

By J. DeVoy From the Citizens United v. FEC oral arguments, Kagan argues that a statute banning books is valid as long as it is not applied. [youtube=http://www.youtube.com/watch?v=rBqdKKKRrrg&hl=en_US&fs=1&] Future post: Obama’s shockingly poor record on civil liberties, including things like giving INTERPOL agents unprecedented diplomatic immunity in the United States, the continued cyber-surveillance of average citizens, and renewing the Patriot

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Beyond Garcetti: Public employees and the Pickering-Connick test

I’ve previously written about the landmark public employee speech case Garcetti v. Ceballos, 547 U.S. 410 (2006), which provides a threshold inquiry as to whether state actors may punish employees for their speech.  Generally, speech made pursuant to employees’ work duties is not protected, while private speech is.  Among the Federal Courts of Appeals, there is growing dissension as to

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.XXX becomes a reality

By J. DeVoy After six years of teasing, ICANN finally delivers on a .xxx top-level domain for sites displaying adult content. The domains, which will be available by 2011, already have 110,000 pre-registrations through ICM Registry.

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Awesome

[youtube=http://www.youtube.com/watch?v=7ZWaWrvJ7nA] Speaking of awesome, hat tip for this goes to the publisher of Siouxsie Law.

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Surprise, surprise!

By J. DeVoy Joran Van Der Sloot, the suspected killer of Natalie Holloway and Flores Ramírez, claims that he is being showered with affection while behind bars.  We’ve previously discussed this phenomenon here. If true, Van Der Sloot joins the ranks of Scott Peterson, Ted Bundy and the preppy killer, Robert Chambers, in receiving amorous advances and even wedding proposals while

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SDNY grants summary judgment to YouTube in Viacom suit

By J. DeVoy The United States District Court for the Southern District of New York has granted YouTube’s motion for summary judgment in its ongoing litigation with Viacom.  The opinion, available here, held that the video website was protected by the DMCA’s safe harbor provision against copyright infringement claims, and is protected when working with copyright holders to help defend

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Nebraska town has had enough of the damn imm'grints

Fremont, Nebraska has decided that it is tired of being overrun by immigrants. The town passed a law banning illegal immigrants from working or renting property. (source). Because, you know, the first thing that illegal immigrants look for when they hop the border is how to get to fucking Nebraska. The town anticipates that it will have to cut back

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Scientists discover new BP oil spill doomsday scenario

By J. DeVoy Buried below the Gulf of Mexico’s floor with millions of barrels of oil is a 15-20 mile large lake of explosive methane gas – and it’s being agitated by efforts to plug the ongoing oil spill.   The gas is estimated to be stored at an astounding 100,000 psi, a pressure that current engineering cannot contain.  By

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Refining the contours of the First Amendment in public sector unions – Davenport v. Washington Education Association

By J. DeVoy In 2007, the United States Supreme Court upheld a Washington law requiring public sector union members to opt-in for their association dues to be used by the union for election-related activities and speech. Davenport v. Wash. Educ. Ass’n, 551 U.S. 177 (2007).  Without this mandated opt-in, the public union was prohibited from devoting a member’s fees to

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Audience participation post: "steal" or "sell"?

By J. DeVoy Certainly many readers have seen this video of a 15-year-old who wants a baby. [youtube=http://www.youtube.com/watch?v=UcUvgRi4Y7A&hl=en_US&fs=1&] Many years after its release, it is now the contentious subject of debate on Facebook. At 0:16, she says “If I can’t support it then I guess I’m gonna s[unknown] it.” Is she saying “steal” or “sell”?  In the video, you can

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The Dutch try to pare welfare rolls

By J. DeVoy …by pairing needy women with rich men.  The catalyst?  A state-sponsored makeover to enhance their appearance. The local social service departments are paying for the women to have a make-over in the hope they can hook up with a rich husband to support them, the paper says. If 70 women find a new husband, the council can

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Banged up Boobies

Irene Ferrari, the owner of Russia’s largest breast implants, is suing a Swiss airline because she said that the “skimpy” business class seating didn’t provide enough room for her ginormous tatas. (source). Honey, if your breast implants are too big to fit in business class, maybe you got them too fuckin big.

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Did Perez Hilton violate federal child porn laws?

Perez Hilton is in a little hot water today — it seems that he posted a photograph of Miley Cyrus getting out of a car, Britney Spears style. (source) In other words, no panties. I haven’t seen a full version of the photo, but there are versions online where Miley’s twat is covered by a big black square. Here’s the

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Colorado Supreme Court strikes down constitutional amendment limiting public employees' speech

By J. DeVoy Some states have enacted laws and even constitutional provisions that affect public sector labor unions’ political speech and participation.  In Colorado, for example, the state’s constitution was amended to ban political contributions and their inducement by public unions. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall

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Ninth Circuit Hears Critical First Sale Doctrine Case

By Christopher Harbin Once again the record industry is attempting to prop up their failing business model by redefining consumer rights in heinous fashion. This week, the Ninth Circuit heard arguments in a crucial case that may substantially alter first sale rights.  For those that aren’t up on their copyright law, the “first sale” doctrine dictates that once a copyright

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The world cup's financial motives

By J. DeVoy South Africa is a nation long plagued by strife and difficulty, and still today it has one of the highest crime rates in the world.  The country has had tremendous difficulties preparing for this year’s World Cup in Johannesburg, which almost seems like a cruel joke the Fédérdation Internationale de Football Association (FIFA) played on the struggling

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