As an American with First Amendment rights, you’d probably assume that a “Free Speech Zone” would look something like this:
The blue on that map should represent areas where you can exercise your right to free speech. Unfortunately, for many college students, their “Free Speech Zone” shrinks considerably when on campus. One out of every six major colleges have designated “Free Speech Zones” where students are “permitted” to “enjoy” this Constitutional right, and even then there are restrictions. In these colleges, exercising your right to free speech means asking permission at least a couple of days in advance as well as having the administration “approve” your speech.
The latest example of confined and controlled speech comes to us courtesy of Modesto Junior College. As FIRE.org reports, a student found his exercise of free speech shut down on one of the worst days of the year for a college to assert its negative attitude towards the First Amendment.
Ed. note: Above the Law will be signing off early to begin the ATL/Kaplan Bar Crawl Review. Follow along on social media (Twitter and Facebook) or on the liveblog post after NS, or better yet, come out and join us!
* A Facebook “Like” is protected by the First Amendment. ATL Likes this. [The Atlantic]
* An interview with Alan Page of the Minnesota Supreme Court, and formerly a Defensive Tackle for the Minnesota Vikings. Page’s hometown has a bust of him on display. Not so impressive until you realize he’s from Canton, Ohio. [Coverage Opinions]
* If you’re looking for some more legal content related to International Talk Like a Pirate Day, check out Buried Treasure: Finders, Keepers, and the Law. [ABA]
* A list of everything you should be doing with your time instead of getting a law degree. [Yahoo!]
* A warm welcome to Chris Geidner as the new legal editor of BuzzFeed. In addition to some great content, like his amazing profile of Edie Windsor (first link), stay tuned for “25 Ways Justice Alito Is Like This Cat.” [New York Observer]
* If you’ve upgraded your iPhone to iOS 7, you’re probably annoyed right now. Here are some tips to help preserve your battery life. We can do nothing about fixing how ungodly ugly it is. [Tuaw]
Putin, totally not gay. Like, the opposite of gay, with his cute little hat and stuff.
It was at some point during the Pleistocene Era that man first learned how to play grab ass. In the locker rooms of that day, on the golf course, pretty much anywhere you found two cavedudes hanging out, they were grabbing at each other all fun-like. Fast forwarding just a couple decades, the ancient Greeks formalized this game as wrestling and built up around the new sport a festival that would celebrate dudes just hanging out, being dudes. Greeks from all over got together and got naked and just grabbed and pulled at each other, sweat glistening off their meaty torsos. The competition itself was secondary to the camaraderie, which was mostly made up of the aforementioned tugging and pulling and rasslin’, naked bodies gyrating in tune to nature’s dictates about motion and the human form. Also at this time, someone (probably Aristotle or Plato) came up with the idea of amateurism to describe what was happening at the Games. This idea, of course, has evolved over the years into what now comprises college sports in this country along with countless amateur-themed websites that require 5 dollars for monthly subscriptions. Same kind of deal at work in both. [Ed. note: Juggalo Law is not a trained historian and, in fact, boasts loudly and often that he got into law school solely on "huge balls and forged transcripts." We're not even sure he's literate.]
Next February, the Olympics will be held in a country that would rather not hear about gay stuff, be it from prehistory, antiquity, or now. Russia, a nation in desperate thrall to the diminutive former hubcap thief Vladimir Putin, has outlawed pro-gay “propaganda.” And so now the world’s eyes turn to Russia to see what will happen when a virulently bigoted law bumps up against the notorious gay curling mafia.
* Jamie McCourt, a former family law attorney, strikes out in trying to set aside her divorce settlement with Frank McCourt, former owner of the Los Angeles Dodgers. She’s stuck with $131 million and several luxury homes. #richpeopleproblems [National Law Journal (sub. req.)]
* An inquest reveals that a Hogan Lovells partner who took his own life had warned a colleague that he was going to kill himself the day before his death. [Daily Mail via ABA Journal]
* If you’re in New York this weekend, go see Arguendo. Or buy tickets for the 7 p.m. performance on September 22, when I’ll be doing a talkback with artistic director John Collins after the show. Enter the discount code “ABOVE” for $35 tickets (a special rate for ATL readers). [Public Theater]
At the end of August, the New Mexico Supreme Court ruled in Elane Photography v. Willock that a Christian wedding photographer violated the New Mexico Human Rights Act (NMHRA) when it refused to photograph a lesbian couple’s commitment ceremony. (New Mexico does not currently permit same-sex marriage, though all the parties and the court frequently refer to the ceremony as a wedding.) This week, one of the parties in a similar controversy in Oregon, Sweet Cakes Bakery, announced that it would be closing shop, citing its opposition to baking wedding cakes for same-sex couples.
Elane Photography argued that it did not violate the NMHRA but, if it did, this application of the law violated the photography business’s Free Speech and Free Exercise rights under the First Amendment. The court disagreed, writing that “when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races.”
Personally, I’d vote for same-sex marriage if I lived in a state considering such laws. Polygamy too, for that matter. If you are listening for a full-throated defense of traditional, heterosexual marriage to the exclusion of state recognition of any other arrangement, you won’t hear it here. I’m inclined to support religious understandings of traditional marriage, but I’m libertarian enough to let everyone — straight, gay, or otherwise — suffer through the headaches of having the government divide your assets when you get divorced.
Still, using anti-discrimination laws to mandate that all businesses operating as public accommodations provide services to same-sex couples’ weddings sounds like an unnecessary imposition on the sincere religious beliefs of others — and a great way to end up with lousy wedding photos….
Ed. note: Above the Law will not be publishing on Monday, September 2, in observance of the Labor Day holiday.
* Municipal election fraud is being alleged in Tuscaloosa after a sorority bribed people with free drinks to get a University of Alabama Law grad elected (defeating the incumbent, another lawyer — and wife of a UA Law professor). The big question here is how f**king terrible is voter turnout in Tuscaloosa that a sorority can rig an election? [AL.com]
* A banned food truck launched a First Amendment suit after officials banned the truck for using an ethnic slur in the name. I haven’t seen a food truck shut down like that since “Steak Me Home Tonight.” [WSJ Law Blog]
* The NFL looks to London. Tax laws are one of many obstacles. [Grantland]
I was on a fast-moving segment on HuffPost Live this afternoon called “Legalese It,” where host Mike Sacks runs through a bunch of overlooked legal items from the past week. Since I was on vacation for half of the week, I learned a lot! For instance, did you know that Michigan had an anti-begging statute on the books from the 1920s that was just struck down so they can put a big “Spare Some Change” sign in Detroit?
Okay, that’s not why it was struck down, but still. Also it seems that North Carolina is trying to restrict voting to five white guys chosen at random by Reince Priebus and Obama is now in favor of legislative prayer, as if nobody told him he can’t run for a third term.
Looks like I missed a lot, but that didn’t stop me from talking about it on the web. Specifically, I got to talk about how Eric Holder and Texas Attorney General Greg Abbott are now friends when it comes to stopping USAIR and American Airlines from combining to own all the railroads on the Monopoly board…
[O]n its face, the [bar passage] information is factual and uncontroversial. Prospective students are free to draw their own conclusions about its relevance. That [Southern California Institute of Law] may not like those conclusions is irrelevant.
– Judge James V. Selna (C.D. Cal.), in a tentative order dismissing the Southern California Institute of Law’s (SCIL) free speech suit against state bar officials, with prejudice. SCIL argued that having to share information on its website about its bar exam passage rates would force the school to adopt an “ideological belief that a law school should be judged by the passage rates of its graduates.” In the past five years, SCIL’s graduates have passed the state bar exam just 7 percent of the time.
(Keep reading to see Judge Selna’s full First Amendment smackdown.)
Lex Luthor celebrates his purchase of the Washington Post.
* The Washington Post’s website was hacked by supporters of Syrian President Bashar al-Assad in what was apparently supposed to be a coordinated attack on Western media outlets. This marks the second time in 10 days that the Post has been brutally taken over by Internet geeks. [Washington Post]
* An 18-year-old girl took to Facebook to suggest that a 15-year-old girl has herpes. She was convicted of harassment. Putting aside all the hand-wringing over cyberbullying and the First Amendment, what kind of loser Senior is feeling threatened by a Sophomore? [IT-Lex]
* New Mexico’s Supreme Court would like to remind everybody that “not speaking English” is not an acceptable method of escaping jury duty. So stop practicing Klingon to get out of your jury summons. [FedSoc Blog]
* The Eminent Domain issues surrounding building a giant wall to keep out the giant inter-dimensional monsters from Pacific Rim. I’ll be damned if they obstruct the view from my beach house just because a 10-story hellbeast is sauntering out of the water! [Law and the Multiverse]
* Screwing around on a laptop during class can lead to as much as an 11 percent decline in attentiveness. It was so much easier to pay attention when we just had pen and paper and spent the whole class playing Dots and Boxes. [PrawfsBlawg]
* Mississippi police are on the hunt for someone managing a parody Twitter account mocking a couple of local politicians. Congratulations Mississippi! You’ve solved all the other crime problems and can turn to stroking the egos of butthurt politicians. [The Daily Dolt]
* Are you interested in being a trusts & estates lawyer in the Bay Area? Are you interested in making about $5/hr? Then we’ve got the firm for you! Screenshot after the jump in case this link gets taken down…
OmniVere’s delivery of end-to-end technology & data consulting to position the company as a true differentiator in the global legal technology and compliance space.
CHICAGO, IL, September 29, 2014 – OmniVere today announced the creation of the company’s technology & data consulting arm and the addition of several industry-renown experts, including the former co-chairs of Berkeley Research Group’s (BRG’s) Technology Services practice, Liam Ferguson, Rich Finkelman and Courtney Fletcher.
This new consulting practice will provide and expand existing OmniVere eDiscovery consulting services to corporations, law firms and government agencies with a special focus on compliance, information governance and eDiscovery. This addition of this top talent now positions OmniVere as a true industry leader in the technology and data consulting space offering best-in-class end-to-end services.
Ferguson, Finkelman & Fletcher are nationally recognized experts and seasoned veterans in the areas of overall technology, electronic discovery, and structured data. At OmniVere, the team will be focused on all global consulting activities with respect to legal compliance, complex data analytics, business intelligence design and analysis, and electronic discovery service offerings.
The Trust Women conference is an influential gathering that brings together global corporations, lawyers and pioneers in the field of women’s rights. Unlike many other events, Trust Women delegates take action and forge tangible commitments to empower women to know and defend their rights.
This year, the Trust Women conference will take place 18-19 November in London. From women’s economic empowerment to slavery in the supply chain and child labour, this year’s agenda is strong and powerful. Speakers include Professor Muhammad Yunus, Nobel Laureate and founder of the Grameen Bank; Phumzile Mlambo-Ngcuka, Executive Director of UN Women; Mary Ellen Iskenderian, President and CEO of Women’s World Banking and many other influential leaders. Find out more about Trust Women here.