News & Media
Randazza: Violence and Political Speech
My most recent CNN Column discusses violence in political settings. See Defend Donald Trump’s right to free speech I don’t get to write my own headlines, ok? Some good people think that sometimes being violent is ok. What they don’t understand is that when we use violence in politics, no matter what, the bad people always win. They get to escalate the violence, feeding off of it, up to a point where the good people lose the stomach for it — or at least a critical mass of them lose the stomach for it. Always. And the bad people will
Randazza: A fabulous Roman candle exploding like a spider across the stars
On this day in 1922, the universe lit the fuse on the roman candle of the existence of one Jean-Louis Lebris de Kérouac. Somewhere along the line after that there were girls, visions, everything; somewhere along the line the pearl was handed to him, but like so many that stand at the center when the blue light pops, the pearl drops into the grate on a street where you can still smell the last exhale of the cigarette that the guy put out as he got into the taxi. The taxi that drove down the wet street, where most of
Randazza: The USPTO Would Prefer Not to Follow the First Amendment
The USPTO is, apparently, a big Melville crowd. In December, U.S. Court of Appeals for the Federal Circuit decided In re Tam, 2015 U.S. App. LEXIS 22593 (Fed. Cir. Dec. 22, 2015). In it, the Federal Circuit made a sweeping pronouncement that the First Amendment applies to trademark registrations, and that a long-criticized prohibition on “disparaging” trademarks could no longer stand. The portion of the trademark act that fell was Section 2(a) of the Lanham Act, 15 U.S.C.S. § 1052(a). Then, the Department of Justice conceded that § 2(a) was no longer enforceable in light of In re Tam. We
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 full day, and only one moment in a 12-year career,” she said. (source) And after she hired a public relations team to give her a makeover, she now claims that the real reason she got fired is because she was
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 full day, and only one moment in a 12-year career,” she said. (source) And after she hired a public relations team to give her a makeover, she now claims that the real reason she got fired is because she was
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 authentic,” Randazza said. “But what was the journalistic necessity of the entire minute? I think that’s a hair that ought to be split.” “Do journalistic outlets have a right to publish that?” continues Randazza. “My conclusion is this: God help
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 media and “win lots of money.” No matter what you may think about his other policy ideas, if he keeps this promise, we won’t be able to effectively express dissent against anything else he might want to do. We can
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 & Sullivan’s The Pirates of Penzance, Frederic was apprenticed to a pirate (his nursemaid misheard “pilot”) until he reached twenty-one. He was born, however, on February 29, leap day. Thus, when he had lived twenty-one years, he had only celebrated five and
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 media and “win lots of money.” No matter what you may think about his other policy ideas, if he keeps this promise, we won’t be able to effectively express dissent against anything else he might want to do. We can
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 I was going. I calculated the odds in my head… 50-1, I would die here today. Not bad odds, but still. 75-1, sold into slavery. 14-1, gang raped with a plunger like Amadou DialloAbner Louima. Fistfight? Even money. I got
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 I was going. I calculated the odds in my head… 50-1, I would die here today. Not bad odds, but still. 75-1, sold into slavery. 14-1, gang raped with a plunger like Amadou DialloAbner Louima. Fistfight? Even money. I got
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 on it. We figured if it was going to be their first exposure to democracy, we should have some fun. We explained what was going to happen, and they gave no shits at all. I’m sure they will just remember
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 social media. The Republican caucuses that I observed were either clean or they hired Penn & Teller to handle the shenanigans – because I didn’t see a damn thing happen. Maybe it was a little disorganized, but certainly nothing that
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 social media. The Republican caucuses that I observed were either clean or they hired Penn & Teller to handle the shenanigans – because I didn’t see a damn thing happen. Maybe it was a little disorganized, but certainly nothing that
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 on it. We figured if it was going to be their first exposure to democracy, we should have some fun. We explained what was going to happen, and they gave no shits at all. I’m sure they will just remember
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 York, D.C., Massachusetts, and Connecticut. Only one, New York, requires that I engage in continuing legal education. The rest just recommend it. (Connecticut is in the midst of a debate as to requiring it.) Continuing education can be a good
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 that run the websites will have to put checks in place to ensure that only adults are viewing them, or face having their sites shut down. Those that don’t comply could have advertising banned or be forced to have their
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 can show up at their caucus tomorrow, register as a Democrat, but still also participate in the Republican caucus on the 23rd. How? Well, the party switch would not show up on the GOP caucus rolls. Clark County Voter Registrar
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 feel like. In response, Apple CEO Tim Cook sent a letter saying he opposed the order. Notably, he wrote: But now the U.S. government has asked us for something we simply do not have, and something we consider too dangerous
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 innocent man who has received all the due process our society deems adequate and there is nothing that Federal courts can or should do to stop such an execution. An anonymous commenter also highlighted Justice Scalia’s dissent in In re: