Free Speech

* TSA vs. the Nobel Prize. [Lowering the Bar]

* A judge accidentally leaked the name of a juvenile in a juvenile sex case. But more to the point, this case is about a boy having a three-way with two of his English teachers on one of the teacher’s birthdays. I mean… South Park. [The Times-Picayune]

* Teaching torts rots your brain. Maybe. [PrawfsBlawg]

* Houston officials are backing away from their subpoena of sermons delivered by anti-gay pastors trying to get their congregation to sign petitions — even if the signatures were potentially fraudulent. [The Blaze]

* Stand Your Ground laws find new ways to be dumb. More cases of abused women trying to evoke Stand Your Ground laws and being told that states really only meant for those to protect white dudes shooting black kids. [Slate]

* A funny and insightful look at exactly how hearings go down at Gitmo. [New Jurist]

* A federal judge has recused the entire Eastern District of California from a case on the basis of allegations that federal prosecutors systematically defrauded the court. Prosecutors misbehaving? That’s unpossible! [New York Observer]

This looks rather disgusting, but that’s just my (non-actionable) opinion.

As online review sites like Yelp and social-media sites like Twitter continue to grow, free speech issues related to these online services will continue to proliferate. A contentious case currently pending in federal court down in Florida raises a host of interesting issues about the scope of online free speech.

The plaintiff company, Roca Labs, sells a product that you consume for weight-control purposes. If this makes you think of delicious almond roca, think again. Components used by Roca Labs in its diet products include “Guar Gum, Konjac, Inulin, Beta Glucan, Xanthan Gum, Maltodextrin, [and] Vitamins B6, B12, C.” If you don’t recognize most of the ingredients in something you’re consuming, that’s usually not a good sign.

Does the thought of eating that goo make you want to gag? Well, Roca Labs wants to gag you….

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The notion that certain rights are guaranteed to citizens is being proven false every day. For instance, you have the First Amendment right to film police officers and other public officials, but it often takes an official policy change (usually prompted by lawsuits) before these public servants will begrudgingly respect that right.

You also have certain rights guaranteed by the Fifth Amendment, but even these aren’t innate. You can’t simply remain silent while detained or arrested. You have to invoke these rights (often repeatedly) or risk having your silence (things you didn’t say) used against you.

In the case of photographing police officers, you’ll notice that activists and others who are recording will invoke their rights repeatedly….

double red triangle arrows Continue reading “Cop To Cameraman: ‘If You’re Invoking Your Rights, You Must Be Doing Something Wrong’”


I’m proud to be an American. I’m ashamed to be an American. And I’m not sure what it means to be an American.

As you know, I’ve been living in London for the past two years. I’m beginning to feel like a local, but I’m still occasionally jolted by my American roots.

When have I felt proud to be an American in London? The first videotaped beheading of an American journalist by a jihadist with a British accent drew some attention over here. But I was dumbstruck to read this sentence in one of the local newspapers: “Scotland Yard warned the public that viewing, downloading or disseminating the video within the UK might constitute a criminal offence under terrorism legislation.”

Viewing the video might be a criminal offense??? Toto, I’m not in Kansas anymore.

In my mind’s eye, I see scores of college kids at Oxford and Cambridge, six drinks into the evening, saying: “Whoa! That dude got his head cut off?! We gotta Google that!”

And now they’ve committed criminal offenses?

Maybe that’s true over here in England, but I’m pretty sure we’d never stand for that in the United States. It makes me proud to be an American.

(I must say that the news of the second beheading of an American journalist dramatically changed the picture in my mind’s eye. Those college kids have now sobered up, and they’re heading off to enlist.)

So much for pride in being an American. Then that nine-year-old girl blew away her shooting instructor with an Uzi. . . .

double red triangle arrows Continue reading “On Beheadings, Shootings, And ‘The Book Of Mormon’”

For your information, the Supreme Court has roundly rejected prior restraint.

– Texas Supreme Court Justice Debra Lehrmann, quoting Walter Sobchak in a footnote to Kinney v. Barnes (full disclosure: Kinney is an Above the Law advertiser, while Barnes is… well, this guy). While the movie may seem like a surprising citation for the conservative Texas bench, in their defense, Walter is a gun-toting crazy man so he blends in with a lot of their jurisprudence.

(c) Image by Juri H. Chinchilla.

On August 7, 1782, near the end of the American Revolution, General George Washington created the Badge of Military Merit, the precursor to the Purple Heart. Today, the Purple Heart is awarded to members of the U.S. armed forces who are wounded or killed in action. This week, On Remand looks back at the Purple Heart’s evolution, and the stories of two men who proudly wore the medal. But had they earned it?

Breaking with the European practice of honoring only high-ranking officers, General Washington recognized that in America “the road to glory in a patriot army and a free country is… open to all.” So, Washington created the “Badge of Military Merit” for remarkable or extraordinarily loyal soldiers. Per Washington’s instructions, the badge depicted a purple heart with lace trimming to be worn over the left breast. After the Revolutionary War, however, the award faded away.

In 1932, to commemorate Washington’s 200th birthday, General Douglas MacArthur revived the Badge of Military Merit as the “Purple Heart.” At that time, injury in battle was just one consideration in awarding the Purple Heart. Later, to distinguish it from another award, physical injury became the Purple Heart’s sole requirement. Yet, some have worn the medal without meeting that requirement….

double red triangle arrows Continue reading “On Remand: Purple Hearts And (Not So) White Lies”

* Law student wants some goddamned pizza. [Huffington Post]

* Elie called for ExamSoft to refund the victims in the so-called #Barghazi incident. Now there’s a petition for that. [Change.org]

* Litigiousness: now in infographic form! [Thomas Barry Solicitors]

* In New York, an appellate court upheld a decision requiring a bank to forfeit interest and attorney fees for dragging out a foreclosure settlement conference through 18 court dates spanning 16 months. If you outlaw needlessly dragging out litigation to bully the other side, only outlaws will drag out litigation to bully the other side. [WiseLawNY]

* The importance of the Sarah Jones appeal. [The Legal Blitz]

* If you’re looking for a job, the SEC is announcing a new initiative to hire a bunch of lawyers. Including lawyers from the class of 2015! [USAJobs]

* Court needed a Chinese language interpreter. Rather than find a professional legal interpreter, the judge just told the lawyer to head down to the local Chinese restaurant and grab somebody. [Legal Cheek]

* News from former Virginia Governor Bob McDonnell’s trial. As one tipster summed up the story: “Hon, I think I dropped my keys under that bus. Would you take a look?” [Slate]

* Everyone concedes Ted Cruz is smart. Why exactly? [Salon]

* A follow-up from a previous story: Connolly, Geaney, Ablitt & Willard shuts down after the foreclosure market that made them turned on them. [Mass Lawyers Weekly (sub. req.)]

* Interesting look at the volume of patent cases throughout history. Check out the troll phenomenon with charts! [Patently-O]

* More folks wasting time complaining about blog posts. [South Florida Lawyers]

* Clint Eastwood talks with Chief Judge Kozinski and Judge Fisher at the Ninth Circuit Judicial Conference. These days it’s exciting whenever Clint isn’t talking to an empty chair. Video embedded below… [YouTube]

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Juggalo Washington

* The Insane Clown Posse is appealing their loss in the “Juggalos aren’t gang members” case. F**king lawsuits, how do they work? [Lowering the Bar]

* After losing before the Supreme Court, the University of Texas affirmative action admissions program looked to be in serious trouble. But the Fifth Circuit just ruled that the UT policy met the strict-scrutiny analysis mandated by the Court. The lesson for Abigail Fisher is once more, “How about you get better grades instead of whining?” Or at least “Get politically connected.” [Chronicle of Higher Education]

* Apple agrees to a conditional $450 million settlement with the NYAG’s office in the e-book suit. So you might get some money back from the 50 Shades of Grey purchase. [Reuters]

* The Manassas city police have decided not to engage in kiddie porn pursuant to a warrant. Good for them. [Washington Post]

* “Judges are not deities. They are humans.” Let’s not tell Lat, the shock might kill him. [Katz Justice]

* Maybe it’s time lawyers started looking out for each other. This is a theme we’ve touched on before. [Law and More]

* The hell? Parents arrested for letting their 9-year-old go to the park alone? Suffocating parenting is bad enough without the government expecting it of parents. [Slate]

* CPAs are suing the IRS because the regulation of tax preparers lacks Congressional approval. Because we need more folks off the street claiming to be tax preparers. [TaxProf Blog]

* Lawyer and former South Carolina GOP executive director Todd Kincannon is under investigation by the South Carolina Office of Disciplinary Counsel for basically being a dick on Twitter. As Ken White notes, the First Amendment is all about giving guys like this a forum. [Slate]

The world of specialty license plates is a complicated intersection of private douchebaggery and governmental robbery. Why do we even have to pay for a license and registration? The government shouldn’t be jacking people with a hidden tax — a hidden regressive tax that hits poor people harder than the rich — for the “privilege” of complying with the government’s own requirements.

Meanwhile, if the car is an outward, rolling expression of your inner self, then the vanity license plate is the part of yourself that is an ass. The level of narcissism it takes to tell people stuck behind you on the Major Deegan that you “LVB00B$” is astounding.

The government should either get out of the charge-for-plates business, OR they should give everybody the same freedom you get when you sign up for Gmail. If Nigerian princes can find me over email easily enough, then surely the state trooper can run “em1@NYS” when he pulls me over.

Otherwise, we end up with Texas…

double red triangle arrows Continue reading “Confederate License Plates Should Ruin License Plates For Everybody”

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