News & Media
Has anyone seen Bill Ogletree's coat?
If you’ve seen it, please contact me so that we can arrange to have it delivered to him. That way we can help Continental Airlines, the City of Houston, and a restaurant at the Houston airport avoid a costly lawsuit. You see, Bill is an attorney and he lost his coat. If he doesn’t get it back, some-fuckin-body gonna get sued!
A Blogospheric Get Well Card
Many of you may be familiar with Professor Michael Froomkin of the University of Miami. Apparently he needed emergency open-heart surgery, but is recovering well. Agree with him or not (I usually do not) you must respect his intellect, ethics, and intellectual honesty. I am not sure that I know how to bestow higher praise than that on an academic. If you have a moment, please pop over to his blog and leave him a “get well message” from Satyricon Nation.
ANTI SLAPP MONTH: My SLAPP experience
By J. DeVoy Although SLAPP suits are uncommon events, they influence real-world, extradjudicial interactions between different entities – especially in disputes. Groups and individuals can leverage tacit threats, insinuations and asymmetries of power to silence their opposition without ever going to the courthouse. Similarly, just as the broad effects of SLAPP suits have trickled down to apply outside of litigation, so too will the benefits of the Citizen Participation Act, which provide defendants with remedies for lawsuits that seek merely to silence them. I have been SLAPPed in my own way. In 2006, a professor circulated letters to the entire faculty and administration of my undergraduate institution, accusing others and me, all editors of a newspaper we created, of being racist,
Sunstein calls for "cognitive infiltration" of dissident groups
Cass Sunstein, drunk with his little thimbleful of power he got by being given a job in the Obama administration is really letting his statist colors show through. Sunstein takes a page out of the Bush administration’s playbook and suggests that the government should engage in “cognitive infiltration” of disfavored political groups. (source) Cass Sunstein, a Harvard law professor, co-wrote an academic article entitled “Conspiracy Theories: Causes and Cures,” in which he argued that the government should stealthily infiltrate groups that pose alternative theories on historical events via “chat rooms, online social networks, or even real-space groups and attempt to undermine” those groups. As head of the Office of Information and Regulatory Affairs, Sunstein is in charge of “overseeing policies
ANTI SLAPP MONTH: More on the Citizen Participation Act
By J. DeVoy The Public Participation Project (PPP) weighs in on the importance of the Citizen Participation Act, which Marc previously discussed. In the midst of an ongoing war in Afghanistan and malaise over gossamer healthcare reform, PPP notes how a preoccupied Congress and public may overlook this important issue. With so much happening these days: Afghanistan, Guantanamo, Health Care, Jobs, the Climate, and other big happenings in the First Amendment world, including libel tourism and reporter’s shield legislation, so much ado about some meritless lawsuits may seem misplaced. […] [T]he concept of SLAPP has broadened, as judges, academics and practitioners across the country recognize that lawsuits are an increasingly-used weapon against speech that some people and businesses would rather have silenced. If a group
Awesomeness — OK Go – This Too Shall Pass
[youtube=http://www.youtube.com/watch?v=qybUFnY7Y8w] H/T: Immigrant Song
Volokh on Reason.TV
If I were president, hands down, this cat would be my first choice if a Supreme Court seat opened up. I don’t agree with him on all issues (far from it) but he’s principled, intelligent, and consistent. [youtube=http://www.youtube.com/watch?v=p1FtYjTKkXI]
"Vajazzle" is exactly what it sounds like
By J. DeVoy Ferdinand Bardamu of In Mala Fide is launching an internet campaign to lay claim on a new word: Vajazzle. Vajazzle və-ˈja-zəl (verb): the process of adorning a vagina with shiny crystals. So, a cross of the iconic 1970s direct order product, the BeDazzler…. …and a female reproductive organ. Got it. Don’t shoot the messengers, either. Blame Jennifer Love Hewitt, who brought the subject up in this interview with George Lopez.
ANTI SLAPP MONTH: Blogger gets SLAPPed for passing on government warnings
By J. DeVoy At Elliott.org, the story of a travel insurance company’s SLAPP suit against the blog’s writer, Christopher Elliott, rises from the murk and into daylight. In March of 2009, Elliott reported that Florida regulators had warned three travel insurance agencies, all of which were offering policies from bankrupt Prime Travel Protection Services, that their conduct may violate state law. Elliott quoted statements made by a spokeswoman for Florida’s Department of Financial Services, indicating the state ordered the insurance agencies to stop selling unauthorized policies, and that further activity was pending. This was clarified in a subsequent press release from the state of Florida: As a result of ongoing investigations into complaints about the sale of unauthorized travel insurance
ANTI SLAPP MONTH: Write your Congressman NOW in support of Federal Anti-SLAPP legisation
By J. DeVoy As Marc noted, Rep. Steve Cohen (D-TN) has introduced The Citizen Participation Act, the first Federal anti-SLAPP legislation, to Congress. Like any bill, this one needs your help. Yes, you, the internet user whose free speech, financial security and family’s well being are at stake if you find yourself in the crosshairs of such a lawsuit. We don’t do a lot of political grandstanding at The Legal Satyricon, but dammit if we won’t come together like one big dysfunctional family to support the most important free speech legislation to be proposed in a decade. Write your congressman. Print this letter, add your name, and mail it. (A Microsoft Word version is also available if you want to start with
Federal Anti-SLAPP Legislation Introduced — Hail Rep. Steve Cohen (D-TN)
Congressman Steve Cohen, D-TN is our First Amendment Bad Ass of the week. Mr. Cohen introduced The Citizen Participation Act, a federal anti-slapp bill. The bill describes its purpose as follows: To protect first amendment rights of petition and free speech by preventing States and the United States from allowing meritless lawsuits arising from acts in furtherance of those rights, commonly called ‘‘SLAPPs’’, and for other purposes. It is about time. SLAPP suits are all-too common and are a scourge on our legal landscape. Personally, they have been good for me, as I earn a significant income by defending these kinds of suits, but as much as I love money, I love free speech more (and I’m sure that I
Genetics, IQ and the judicial double standard
By J. DeVoy Emergent research is raising a serious question about the heritability of IQ, suggesting that most of it is, in fact, genetic. High IQ is associated with the prevalence of certain SNPs – groupings of nucleotides in an individual’s genetic code – which cannot be caused by normal life functions like exercise, eating a healthy diet, or even studying really hard. Other studies have shown that in-group IQ remains relatively constant over life, indicating that things like education and reading can’t enhance IQ, but merely reflect one’s innate genetic gifts. Courts, however, have been facing these realities long before now. In Atkins v. Virginia, the Supreme Court held that it was unconstitutional to execute someone with a severe
Watch Randazza LIVE in Oral Arguments
In ISC v. Marshall before the Florida Supreme Court, starting at approximately 11:20am (EST) here. (Court may be running 15-20 minutes behind schedule)
ISC v. Marshall Liveblog
By Christopher Harbin Starting at 11am EST, we will be live blogging the oral augments in ISC v. Marshall. WordPress doesn’t support iframes (the bastards), so you’ll have to watch it in a popup. Click Here
Randazza Oral Argument Drinking Game
by Jay DeVoy Tomorrow, our fearless leader Marc Randazza has something to say to the Florida Supreme Court about a little topic known as free speech. It’s an important case addressing the very real threat of jurisdictional chill on all internet users. If you post on the internet, this case is about you. The decision in this case has direct implications on where you may have to defend a lawsuit arising from your internet activities. The fifty-cent skinny is this: Plaintiff Internet Solutions, a Nevada Corporation, sued Washington resident Tabatha Marshall in Florida for defamation. Marshall’s alleged defamation stems from posts about Internet Solutions business practices. The Middle District of Florida dismissed the case for lack of personal jurisdiction over
Awesome Toy or Awesomest Toy?
by Christopher Harbin When I was a kid, the most dangerous toy I had was lawn darts. I lament that I never got a portable atomic energy lab. 🙁
Germany's highest court overturns privacy-invading anti-terror law
By J. DeVoy Today, Germany’s highest court overturned a law mandating the retention of data from e-mails and phone calls, finding it a “grave intrusion” on personal liberties. This is an interesting demarcation of what is considered private information in that nation, as its courts previously held that individuals’ IP addresses are not personal information and can be stored without consequence. From the article: The law had ordered that all data — except content — from phone calls and e-mail exchanges be retained for six months for possible use by criminal authorities, who could probe who contacted whom, from where and for how long. “The disputed instructions neither provided a sufficient level of data security, nor sufficiently limited the possible
SOB Stories
Provides an introduction and explanation for laws requiring fixed distances between dancers and patrons, touching upon the decline of the secondary effects doctrine. While the First Amendment prohibits the outlaw of exotic dancing and the enactment of zoning laws specifically to ban it, the secondary effects doctrine allows such laws to stand as long as they serve another interest, such as community safety. Because of this doctrine, certain laws limiting the ways in which adult performers can dance and interact with customers have been enacted. Read more…
SUNY-Buffalo Law administrator threatens students with character & fitness complaints
By J. DeVoy In a recent e-mail sent to graduating 3Ls at SUNY-Buffalo Law School, the school’s administration alluded to filing character and fitness complaints against students who are savvy with their graduation tickets. (Emphasis and editor’s notes added.) From: “Saran, Melinda” saran@buffalo.edu To: [UB3L]@buffalo.edu Sent: Thu 02/25/10 9:56 AM Subject: Fwd: Commencement cap & gown order deadline is March 2nd! This message is being sent to all 3L and LLM students Caps & Gowns The deadline for ordering you [sic] tam, gown and hood (for rental) is next Wednesday, March 3, 2010. Orders are taken at the University Bookstore. The Bookstore will not guarantee tam hats on any orders after March 2nd. You may pickup [sic] your caps and gowns beginning
Cybersecurity bill gives executive branch new powers over the internet
By J. DeVoy From The Hill: The president would have the power to safeguard essential federal and private Web resources under draft Senate cybersecurity legislation. According to an aide familiar with the proposal, the bill includes a mandate for federal agencies to prepare emergency response plans in the event of a massive, nationwide cyberattack. The president would then have the ability to initiate those network contingency plans to ensure key federal or private services did not go offline during a cyberattack of unprecedented scope, the aide said. Despite the predictable outcry from libertarians (SOSHULISM!), this seems like a reasonable proposal. Without such plans, the risk of a cyber-Katrina seem markedly higher. Granted, the plan may not work, but at least
