Remember Sydney Spies, the teenage dream from Colorado who fought valiantly to get her provocative pictures featured in her high school yearbook, all in the name of free expression? Despite the threat of a lawsuit and national media coverage, all of Spies’s racy photos were rejected — but she was able to earn a spot in Americans’ hearts (and spankbanks) around the country.
The young Hollywood hopeful landed a small role in an upcoming SyFy movie, and her mother, Denise “Miki” Spies, was preparing to ship her daughter out to Los Angeles in the hopes of her making it big. Why not throw one last bash to celebrate Sydney’s single success in stardom? And that’s apparently where all the trouble began for this mother and daughter duo.
Little did Sydney and Miki know that their alleged exploits at the party would someday be able to serve as the basis for a Lifetime movie. The pair could face jail time for allegedly serving alcohol to minors — but at least they’re back in the headlines. (And this underage drinking drama could earn Sydney another line on her iMDB profile, so she’s probably patting herself on the back.)
Let’s discuss the charges that the Spies are currently facing, and all of the allegations that make them appear to be quite the hot messes….
* Jason Cai, the software engineer convicted in the spring of murdering a young attorney, was sentenced today to life in prison without parole and ordered to pay more than $700,000 to the slain woman’s family. [Mercury News]
* An appeals court revived a discrimination lawsuit filed by a woman against her employer. And nobody cares. Wait, hold on a sec. Her employer is the Equal Employment Opportunity Commission. What, what, whaaaat? [WSJ Law Blog]
* James Holmes, the man accused of last week’s movie theater shooting spree, has been formally charged with 142 criminal counts. They include 24 counts of first-degree murder and 116 counts of attempted murder in the first degree. [Courthouse News Service]
* The Twinkie defense is so played out. Now, courtesy of an ex-Citigroup employee, introducing the brand spanking new “Where’s Waldo” defense. [Reuters]
* India’s largest and oldest television network has accused Nielsen of violating the FCPA by manipulating viewership data in favor of networks that offer bribes. Say it ain’t so! [Hollywood Reporter]
Free speech is a complex area legally, but it’s important to recognize that there are distinctions between one’s ability to express an opinion versus one’s ability to use F.C.C.-regulated airwaves to do so, and also one’s ability to engage in speech versus one’s ability to engage in slander.
* Only 44% of Americans approve of how the Supreme Court is doing its job, but that’s probably because the other 56% wouldn’t know what the Supreme Court was unless the justices were contestants on a reality show. [New York Times]
* Having nothing to do with the outcome of this Tenth Circuit appeal, apparently a juror in the underlying case had no idea when the First Amendment was adopted. As Bush II would say, is our children learning? [U.S. Tenth Circuit / FindLaw]
* Who’s going to win the “Super Bowl” of Android patent trials? Nobody. Judge Richard Posner has issued a “tentative” order which noted that both sides of the Apple/Google case ought to be dismissed. [Reuters]
* U. Chicago Law revolutionized the field of law and economics, but much to the school’s chagrin, everyone copied them. Now they’re thinking up new ways to do the same things. Gunners gotta gun. [Businessweek]
* Say hello to Mary Lu Bilek, the woman who’s been appointed as the new dean of UMass Law. Hopefully she’s not keen on using school credit cards for personal spending like the last dean. [Wall Street Journal]
* Occupy Wall Street protesters can’t sue NYC, its mayor, or its police commissioner, but they can sue the police. And with that news, “F**k tha Police” was sung in drum circles across the tri-state area. [Bloomberg]
Luckily for all the non-Mormons in Idaho, the state doesn't find references to grand tetons offensive to anybody.
It’d be one thing if the state of Idaho banned all alcohol because the state sports a large Mormon population and Mormons don’t drink. That might raise a Con Law question or two, but before we could even litigate it out, the state’s many non-Mormons would rebel against the religious theocracy preventing them from drinking. (They wouldn’t call it a “theocracy” because some Grover Norquist-type would convince them that “redistributive taxes” had empowered a “Communist regime,” and the good people of Idaho would blame the black guy, but I digress.)
Banning all alcohol would be too obvious of an imposition of religious dogma upon a secular concern.
Instead, Idaho is trying to get away with a smaller encroachment of religion upon the public sphere. The state of Idaho has effectively banned the sale of one particular kind of vodka because the state believes the company’s marketing campaign is offensive to Mormons.
And no, the marketing campaign is not “drink some of this vodka and then go make fun of Mormons,” or anything the state could reasonably fear might affect the public safety of the citizens of Idaho….
We’ve got two unrelated First Amendment issues floating around today that I’m mashing into one post, because it is my right to do so.
We all know that money is speech. How we got to the point where money is worth just as much speech as talking is a manner of some contention (see Jeff Toobin’s New Yorker piece and Tom Goldstein’s response), but the question is what other things that don’t involve people saying anything can also be construed as “speech.”
Now Mitt Romney will tell you that money is speech and “corporations are people, my friend.” Fair enough. But I’m not sure he’d defend the free speech rights of people who don’t have any money so they’re asking for it on the streets of Chicago.
And I have no idea how he’d respond if you asked him if cars are people that can flash each other under the protection of the First Amendment….
A large portion of the strenuous life of bloggers consists of cruising various news sites, looking for some tidbit ridiculous interesting enough to merit a couple hundred words. You do this long enough, and you wind up getting picky pretty quickly. So, last night, when I clicked over to Wired, it was surprising in and of itself that when I saw the following story I literally stared at the screen, slack jawed, for close to a minute.
That’s how ridiculous this proposed legislation coming out of New York is. The only thing I can say is that if this bill somehow managed to become law, the Above the Law commentariat would not be happy at all…
* Since you’re so funny, crack some jokes about this one, Obama. Senate Republicans will be filing an amicus brief in support of a challenge to the constitutionality of the President’s recess appointments. [New York Times]
* Thanks to this Third Circuit ruling, you can rest easy knowing that you can rely on the First Amendment to protect your homemade sex tapes from all of those strict porn record-keeping and labeling requirements… for now. [Reuters]
* Due to Kelley Drye’s EEOC settlement, the New York State Bar Association is asking firms to end mandatory retirement policies. Because old folks need to make bank till they croak. [Thomson Reuters News & Insight]
* The ABA’s Commission on Ethics 20/20 has decided to ditch its proposal to allow limited nonlawyer ownership of law firms. Cue tears and temper tantrums from the likes of Jacoby & Meyers. [Am Law Daily]
* “If I believe that Chris Armstrong is a radical homosexual activist, I have a constitutional right to express that opinion.” Yeah, yeah, yeah. Tell that to the judge who dismissed your suit, Shirvell. [Detroit Free Press]
* Presenting “her royal hotness”: apparently Pippa Middleton has been seen cavorting around France with gun-toting lawyer Romain Rabillard, of Shearman & Sterling. [Daily Mail]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
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