Free Speech

Quote of the Day: Giving the Finger

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If somebody is mildly angry, they might just give the middle finger. If they’re very angry, they might give it with some sort of words or facial expression that shows anger. And if they’re off-the-charts angry, they may give a double.

– Professor Ira P. Robbins — author of Digitus Impudicus: The Middle Finger and the Law, and “an actual legal expert on flipping the bird” — explaining the significance of the middle finger on the Colbert Report (with gestures).

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Young Americans for Freedom Distance Themselves from Toledo 1L

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On Friday, we told you about Toledo College of Law 1L Kyle Bristow. While an undergraduate at Michigan State University, Bristow was the chairman of the school’s chapter of Young Americans For Freedom (YAF). The Southern Poverty Law Center labeled the Michigan State chapter of YAF a “hate group.”

We reported that Bristow was no longer a member of YAF. Over the weekend, the current leadership of the YAF reached out to us to clarify its relationship with Bristow. The leadership also defends the group’s conservative beliefs…

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From Alleged ‘Hate Group’ Chairman to Toledo College of Law 1L

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Kyle Bristow, Toledo College of Law 1L

A first-year law student at the University of Toledo College of Law is apparently causing concern among some of his fellow students — not because of anything he has done on campus, but because of his past.

Before he was a 1L at the University of Toledo College of Law, Kyle Bristow was the chairman of the Young Americans for Freedom student chapter at Michigan State University. During his leadership, the MSU-YAF chapter became the first student organization designated as a “hate group” by the Southern Poverty Law Center. A 2007 report by SPLC outlines the alleged actions that triggered the designation:

Acting in collusion with elder white supremacists like [Neo-Nazi Preston Wiginton], and with the financial and logistical support of a major conservative foundation, Bristow and a handful of cronies have roiled their campus and the surrounding community by hosting speakers like [British Holocaust denier Nick] Griffin, issuing vicious homophobic and racist insults, and staging publicity stunts masked as political demonstrations that seem inspired in equal parts by the movie “Animal House” and the Hitler Youth.

“He’s become a divisive force,” former MSU-YAF member Kari Lynn Jaksa, an MSU junior who describes herself as a Republican with strong libertarian leanings, says of Bristow. “Frankly, he’s embarrassing.”

You can see more allegations from the SPLC about Bristow and the MSU-YAF here, here, and here.

Of course, one man’s hate speech is another man’s conservative belief. It’s no surprise that Bristow feels unfairly persecuted by some of the Toledo law students asking questions about his past….

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You Can Dance If You Want To (Unless You’re a Lesbian)
Judge declines to order school to hold prom.

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Don’t be misled by the photo — this isn’t another post about Snooki. It’s about Constance McMillen (pictured), a lesbian high schooler who wanted to bring her girlfriend to the high school prom.

(Query from Elie: Is “lesbian high schooler” the politically correct way to say “girls’ hockey team”?)

The Clarion-Ledger reports:

Both sides are claiming victory from a federal judge’s ruling Tuesday on a Mississippi school board’s decision to cancel the prom rather than allow a lesbian student to attend with her girlfriend.

U.S. District Court Judge Glen Davidson denied 18-year-old senior Constance McMillen’s request to reinstate the prom, noting “the court cannot go into the business of planning and overseeing a prom.”

To paraphrase Justice Blackmun: From this day forward, I no longer shall tinker with the machinery of teenage sex.

So if Judge Davidson declined to “so order” a high school prom, how can McMillen claim victory?

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Judge declines to order school to hold prom.“

John Yoo’s ‘Secret Class’: The Professor Responds

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John Yoo John C Yoo John Choon Yoo law professor.jpgBerkeley law professor John Yoo, author of the so-called “torture memos” — as well as a new book on executive power, Crisis and Command, which has been getting very good reviews (even from such outlets as the New York Times and the Washington Post) — once again finds himself in the hot seat. And we’re not just talking about snarky (but ineffectual) attempts by Jon Stewart to make Yoo look bad.
From the Daily Californian (via Business Insider):

The Boalt Hall School of Law administration has come under fire once again over the undisclosed location of Professor John Yoo’s spring semester California Constitution class.

Yoo, who has been criticized for memos he wrote under the Bush administration justifying alleged torture practices, was scheduled to begin his first class of the semester Tuesday night and is the only professor in the law school whose class location is not listed on the law school’s class schedule. Anti-war groups World Can’t Wait and Fire John Yoo! have targeted Yoo since he returned from sabbatical last fall and criticized the Boalt Hall administration Tuesday.

About 25 people, some clad in orange jumpsuits, gathered Tuesday outside Boalt Hall Dean Christopher Edley’s office, demanding that the location of Yoo’s class be made public.

People in orange jumpsuits, roving the streets of California. Is this Judge Reinhardt’s doing?
We reached out to Professor Yoo to see if he had any comment on the classroom controversy, and he sent us a rather amusing reply.

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Breaking: SCOTUS Expands Free Speech in Politics By Liberalizing Campaign Finance Rules

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This morning the Supreme Court handed down its eagerly awaited decision in Citizens United v. FEC (PDF). The ruling will allow both corporations and labor unions to participate more fully in the political process. The opinion was written, not surprisingly, by Justice Kennedy.

More after the jump.

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Malpractice Suit Against Simpson Thacher Reinstated on Appeal

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Simpson Thacher Bartlett LLP Abovethelaw Above the Law blog.jpgGetting sued for malpractice, even if the claims lack merit, is never fun. Earlier this week, we wrote about Seyfarth Shaw, which is being sued by Tae Bo star Billy Blanks for malpractice (and being sued by a current partner for breach of fiduciary duty, among other claims).
Let’s declare this week “West Coast Malpractice Week” here at Above the Law. Yesterday a California appellate court reinstated a malpractice lawsuit against the super-prestigious firm of Simpson Thacher & Bartlett and two of its partners, George Newcombe and Alexis Coll-Very, based in STB’s Palo Alto office.
The underlying lawsuit is somewhat complex; here’s the gist of it. Simpson Thacher represented PrediWave Corporation, a (now-bankrupt) California technology company, and its former CEO and president, Jianping “Tony” Qu. Prediwave alleges that Tony Qu was essentially looting the company, siphoning away its assets, and that Simpson Thacher — which represented both the company and Qu, a claimed conflict of interest — didn’t adequately protect the company’s interests against Qu (and even made it more difficult for the company to investigate Qu and his alleged self-dealing).
In the trial court, Simpson Thacher — represented by another powerhouse firm, Munger, Tolles & Olson (aka West Coast magnet for SCOTUS clerks) — won dismissal of the lawsuit, pursuant to California’s “anti-SLAPP” statute. If you’re not familiar with anti-SLAPP statutes, one of a blogger’s best friends (along with Section 230), here’s a brief description:

SLAPPs are Strategic Lawsuits Against Public Participation. SLAPPs are lawsuits filed against people or organizations because they have exercised their right to petition the government or speak out on public issues. SLAPPs frequently contain claims for libel, slander, defamation, malicious prosecution, and/or abuse of process.

Can an anti-SLAPP law be used to secure swift dismissal of a malpractice action brought by a client against its former counsel? PrediWave, represented by Squire Sanders and California appellate boutique Horvitz & Levy (previously discussed here), argued that this is not a proper application of the statute. In its opinion (PDF), the California Court of Appeal (Sixth Appellate District) agreed, reinstating the suit against Simpson. (The court did not address the underlying merits of the case, leaving those to the trial court on remand.)
More discussion — including a statement from Simpson Thacher, which calls Prediwave’s claims “baseless” and declares that STB will “defend this claim vigorously” — after the jump.

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Free Speech: The Fairness Doctrine

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radio on the air free speech fairness doctrine.jpgOver the weekend, we had the pleasure of attending the Federalist Society’s 2009 National Lawyers Convention, down in Washington, D.C. As in past years, conservative and libertarian legal luminaries were plentiful, and the panel discussions and other events were excellent.
Some folks — e.g., Josh Blackman — were liveblogging the proceedings. We’re only writing up the conference now, so you can call this “lateblogging” (both because we’re late in blogging about the conference, and blogging late at night; hey, better late than never).
This year, sadly, we missed most of the Thursday events (because of a speaking engagement at the ABA’s Law Firm Marketing Strategies Conference). The first Fed Soc panel we caught was on Friday afternoon:
Free Speech: The Fairness Doctrine

  • Prof. Thomas W. Hazlett, Professor of Law & Economics, George Mason University
  • Mr. Seton Motley, Communications Director, Media Research Center
  • Prof. Jamin Ben Raskin, Director, Law and Government Program, Washington College of Law, American University College of Law
  • Moderator: Hon. David B. Sentelle, U.S. Court of Appeals, D.C. Circuit
    Our rough notes on the discussion, after the jump.

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    Election Day Recap: BC Law Professor Scott Fitzgibbon Among the Winners

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    gay marriage skadden.jpgIt’s the day after Election Day! Granted, this year’s election cycle wasn’t nearly as exciting as last year — when Obama ended racism in America.
    Still, there are many winners to congratulate. Republicans Chris Christie and Bob McDonnell are new governors. People can now point to the North Country on a map of New York State. Michael Bloomberg secured a third term as New York City Mayor. And the New York Post (predictably) managed to ignore it all and plastered of picture of Pedro Martinez in a diaper on its front page.
    But for our purposes, the biggest winners were the voters of Maine. They successfully defeated the efforts of gays and lesbians to be treated fairly, thus making sure that all of those rugged and earthy Mainers will not be tempted to have the gay sex they secretly desire.
    Obviously the tactics of BC Law professor Scott Fitzgibbon — and other defenders of traditional marriages between drunken woodsmen and the girls they knock up — won the day. Do gay marriage advocates have any more tricks stashed in their closets?
    Kash says yes, after the jump.

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    Breaking: Jones v. Minkin Dismissed!!!
    (Plaintiff voluntarily dismisses lawsuit against ATL.)

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    David Minkin publisher AbovetheLaw Dealbreaker Breaking Media.jpgYesterday’s Lawsuit of the Day — Jones v. Minkin, a $44 million lawsuit against yours truly, Above the Law publisher David Minkin, and Dead Horse Media (now known as Breaking Media) — has been voluntarily dismissed by the plaintiff, University of Miami law professor Donald Jones.

    There was NO SETTLEMENT in this case. Above the Law has made no changes to our prior posts, and we have paid no money to Professor Jones. The case was dismissed by the plaintiff without anything from our side, except a letter from our lawyer.

    UPDATE (3:35 PM): We have offered Professor Jones a guest post on Above the Law in which to provide his side of the story, about either the lawsuit or the underlying facts. We have offered to keep the comments on that post closed or open, depending on his preference. (And we would have done this in the first place, had he made such a request.)

    A huge thanks to our counsel, Marc Randazza.

    Comment from Randazza, plus links to the notice of voluntary dismissal and other news outlets and blogs — we will UPDATE continually, so do check back for fresh links — after the jump.

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    (Plaintiff voluntarily dismisses lawsuit against ATL.)“

    Lawsuit of the Day: Jones v. Minkin
    (Or: Above the Law gets sued!!!)

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    David Minkin publisher AbovetheLaw Dealbreaker Breaking Media.jpgFor the first time in over three years of operation, Above the Law has been sued. We feel the lawsuit has no merit, but we will not comment further on this ongoing litigation. To access the pro se complaint, coverage by other news outlets and blogs, and ATL’s prior posts about Professor Donald Jones, click on the links collected after the jump.

    Please note that we have closed comments on this post, out of respect for the judicial process. Thank you.

    UPDATE: We will be continually updating this post with links to news and blogosphere coverage. We have already added new links from the ABA Journal, the WSJ Law Blog, and the Volokh Conspiracy, among other sources.

    The fresh links will appear AFTER THE JUMP, so check them out there. Thanks.

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    Supplemental Lawsuit of the Day: Principal’s ‘Phallusy’?

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    lolita with lollipop.jpgA high school principal in Indiana doesn’t want slutty-seeming students playing sports, reports Courthouse News Service.
    Two sophomores attended a summer slumber party with other girls from Churubusco High School. They did what all high school girls do at slumber parties (at least in the imagination of high school boys). From their complaint [PDF]:

    During the sleepover the girls took pictures of themselves pretending to kiss or lick a large multi-colored novelty lollipop shaped phallus that they had purchased as well as pictures of themselves in lingerie with dollar bills stuck in their clothes as well as other pictures.

    Ed. note: See this comment. Should that read “phallus-shaped lollipop”?

    The girls later posted these photos on MySpace. Someone among their MySpace “friends” printed the pics and gave them to the principal. The principal decided the girls had violated the school’s code of conduct and suspended them from all extracurricular activities, including athletics, for the entire school year.
    The ACLU thinks the principal is a sucker, and has stepped in to help the girls sue their school.

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