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Standard Deviation: What’s Obscene in an Online World?

Examining the community standards test of Miller v. California and the unlikelihood of its expansion to consider a “national community.” Obscenity is not protected by the First Amendment, but there is a specific test for finding it, enunciated in Miller v. California. As part of that test, the content must be evaluated by an average person applying “community standards,” which

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Italian transvestite inmates to receive separate but equal treatment

By J. DeVoy Italy is so besieged by gender-bending felons that it’s opening a new prison exclusively for them.  Sensitivity training and special accommodations abound. Around 30 transgender detainees will be moved to the facility from a prison outside Florence, where they are currently serving their sentences. Most were convicted for prostitution or drug-related offences. The governor of Lazio, the

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Pass Me My Porn Please

By Tatiana von Tauber  When I was a kid I was mad that anyone would laugh at or with Benny Hill. The idea of making fun of  T & A sickened me. Then I grew up and discovered that if one can’t have fun with sex one is just lacking the humor around the absurdity of seriousness society has placed

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Massachusetts libel case upholds Fair Report privilege

By J. DeVoy The trial court’s opinion in Howell v. Enterprise was affirmed by Massachusetts’ Supreme Judicial Court earlier this month, reaffirming the special protection journalists have when reporting on difficult cases.  The Media Law blog offered its analysis of the case and its significance when the decision was released: The opinion in Howell v. Enterprise dismisses a defamation suit brought by

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Ohio Scores Limited Victory In Attempts to Halt Web Porn

Reviewing the implications of an Ohio statute attempting to limit access to pornography. Under the statute, which was upheld by the Ohio Supreme court, explicit materials described in its language are prohibited in Ohio. Problematically, much of this content is on the internet, making the statute either unmanageable or applicable to all internet content, essentially extending its breadth to that

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Only in America…

by Christopher Harbin Only in the greatest country in the free world can one die-of-a-heart-attack-after-you-eat-here themed restaurant sue another one for trade dress infringement.  I’ve never felt so patriotic.  I might cry.

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Advice for this weekend and all others

By J. DeVoy As the last man standing, literally, and the only unmarried regular Satyriconista, it’s become my de facto role to bring some dating realism to the blog and unite it with legal and social commentary.  This must be hilarious to anyone who knows me in real life.  I mostly link to stuff that works and marinate it with

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Of course I care about the environment

You might have noticed that this blog doesn’t really talk about environmental issues much… well, except for Fischer’s occasional right-wing-talking points about how global warming is not happening. This has led some readers to question whether I care about the environment. Well I do when issues like this come up.

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Flori-duh's bigoted adoption law on the ropes

Another Florida judge has issued a ruling that the state’s law that bans adoptions by homosexuals is unconstitutional and unenforceable: Describing the state statute as unconstitutional on its face, Miami-Dade Circuit Judge Maria Sampedro-Iglesia finalized the boy’s adoption by attorney Vanessa Alenier, 34, earlier this month, the newspaper reports. She and her longtime partner, Melanie Leon, 31, have raised the

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Strange

There are direct flights from Buffalo to Detroit? Well, I suppose that at least one businessman made good use of the convenient nonstop.

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Salinger Dead

J.D. Salinger is dead. Boy, when you’re dead, they really fix you up. I hope to hell when I do die somebody has sense enough to just dump me in the river or something. Anything except sticking me in a goddam cemetery. People coming and putting a bunch of flowers on your stomach on Sunday, and all that crap. Who

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Super Bowl to air "controversial" pro-life ad – care?

By J. DeVoy The big story in my own little slice of hell law school yesterday — other than some ill-planned “joke” by tasteless imbeciles to bring Jersey Shore cast members to commencement — was CBS’s tentative decision to run a pro-life commercial during the Super Bowl.  The ad, sponsored by openly Christian group Focus on the Family, features Heisman

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Discrimination – the final frontier

This is where too much PC thinking gets you: When it comes to hiring staff, there are plenty of legal pitfalls employers need to watch out for these days. So recruitment agency boss Nicole Mamo was especially careful to ensure her advert for hospital workers did not offend on grounds of race, age or sexual orientation. However, she hadn’t reckoned

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Horny Goat?

A goat broke into a strip club. Yes, really. It smashed its way through the glass doors and just hung out for a while. (source)

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Fly, Meet Sledgehammer

Discussing Randazza’s litigation style, giving an overview of his work for Corbin Fisher and pursuit of content pirates generally. At the heart of the discussion is copyright piracy, codified in Federal law, which outlaws the unauthorized reproduction and distribution of content made by others. Read more…

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Barbie Doll Phenomenon

by Tatiana von Tauber It’s been a while since I’ve been in the land of the fake and blonde. Though my years living in the Miami/Ft. Lauderdale area naturally included diversity of culture, food, people and philosophies, one thing was guaranteed: where there was beach there was skin and where there was skin there were Barbie wannabes. Having grown up

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