News & Media
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:
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; correlation does not imply causation. The Fifth Circuit wrote: “courts must not allow evidence of temporal correlation to serve as a substitute for science-based causation evidence.” Huss v. Gayden, 571 F.3d 442, 459 (5th Cir. 2009)(relating to a claim that
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 embraces dissent and debate. As a Liberal, I have always valued education – as I look at places of education as places where we manufacture Liberals — by educating people. To me, wide open and robust debate and the revelation
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 attention here. Let me explain this to you, if you’re genuinely confused. If you’re just a dick or a white supremacist, you can just jump down to the comments and call me names now. I’m neither getting through to you,
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 here. Let me explain this to you, if you’re genuinely confused. If you’re just a dick or a white supremacist, you can just jump down to the comments and call me names now. I’m neither getting through to you, nor
Randazza: The Moroz Family – From the Soviet Union to the Liberal Gulag
By Marc Randazza. 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 embraces dissent and debate. As a Liberal, I have always valued education – as I look at places of education as places where we manufacture Liberals — by educating people. To me, wide open and robust debate