Free Speech

A video has surfaced from this weekend’s somewhat ludicrous “Occupy Wall Street” protests. The protests themselves have been barely newsworthy. Hippies and kids mostly — the North Koreans have better organization when preparing a dance routine.

But one kid, one kid who is currently a student at George Washington University Law School, set the protest on fire with his plaintive, whiny, pathetic rantings, as he literally begged to be arrested.

You’re going to want to see this video. It’s a great example of how NOT to use your legal training to bring about meaningful change….

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Kyle Bristow

Last year, we wrote about Kyle Bristow, a student at the University of Toledo College of Law. Bristow had been the chairman of the Young Americans for Freedom student chapter at Michigan State University when he was in college. The MSU-YAF was designated a “hate group” by the Southern Poverty Law Center.

Hey, we’re living in a world where convicted murders get to go to law school. We can’t be surprised when the chairman of a so-called “hate group” gets in too.

But admitting a student with Bristow’s… colorful past, and holding him out as a representative of the law school, are two very different things. Toledo now seems strangely comfortable promoting Bristow and his views.

It’s an interesting choice. One that Toledo is certainly free to make. One that students who want to go to law school in an environment welcoming to minorities might want to notice….

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* Looks like you really screwed the Cooch. Virginia and its Obamacare challenge got slapped around today by the Fourth Circuit. [Blog of Legal Times]

* Just how rich are the members of SCOTUS? When you’re worth $45M, like RBG, you can afford to fall asleep during the State of the Union address. But you can’t afford such luxuries when you’re still Sonia from the block. [Forbes]

* An interesting read on the Kenneth Moreno case from the perspective of a juror. Buy it on your Kindle and check it on the way home today. [Gothamist]

* What is law school’s dirty little secret? If you have social skills, you don’t need to be in the top ten percent to get a job. Fair warning, because your mileage may vary with this bit of advice. [Law Riot]

* If Texas A&M is actually allowed to join the SEC, fans are going to have to learn how to start talking smack about the Big 12 and buy a pair of jorts stat. [ESPN]

* What a Masshole: sorry, lady, but if seeing your criminal history in print is too upsetting, maybe a career change is in order? No judge is just going to stop the presses for you. [Salem News]

* “Abandon hope, all ye who enter here! Thou art cash cows being led to the $laughter!” Well, if you’re going to riff on my school, at least get your facts straight. We cry in our cars. [LOLawyer]

* No, you cannot change your name to NJWeedman.com. We get it, you smoke two joints before you smoke two joints. But if you lose the domain, your stoner friends would be confused. [Gawker]

Long before I became a law blogger, I spent a good chunk of time working as a photojournalist. Periodically, I wound up photographing the police. Whether it was at an arrest at a football game, or an officer who suffered an unusual injury, officers rarely hassled me because I usually had a press pass and a big, professional-looking camera.

But anyone can film in public spaces. One of the most important — and overlooked — technological developments of the last five-odd years is the ease with which anyone can record police doing their jobs and throw the video on YouTube. The technology can be a great deterrent against police misconduct.

So it’s really, seriously disturbing when police try to intimidate witnesses into turning off their cellphone cameras. It’s even more nauseating when someone gets arrested for simply filming police activity. Luckily, a recent decision from First Circuit unambiguously told police to cut it out.

Keep reading for details about the man who was arrested for taping police in America’s oldest public park, as well as Judge Kermit Lipez’s benchslap of the officers who made the arrest….

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* Some thoughts from our colleague Matt Levine on the Justice Department’s opposition to the AT&T/T-Mobile merger. [Dealbreaker]

* Judge Sam Sparks (W.D. Tex.), king of the benchslap — yes, we already covered his latest handiwork, so no need to email the “kindergarten party” order to us again — has blocked key parts of the Texas sonogram-before-abortion law. [How Appealing]

* Meanwhile, Allen E. Parker Jr., the lawyer on the receiving end of a recent Sam Sparks special in the abortion case, had this to say about His Honor’s saucy order. [Tex Parte Blog]

* Nice work if you can get it: a pair of incoming DLA Piper associates will get paid $145,000 to $160,000 to do pro bono work for a year. [Am Law Daily]

Sen. Chuck Grassley (R-IA)

* Think you’re tough, NYC lawyers? “A D.C. attorney attacked a man with a live power line — downed by Hurricane Irene — during an altercation in which the lawyer used his car as a battering ram against his alleged victim, police said.” [Georgetown DC Patch]

* The ABA and Senator Chuck Grassley continue to be pen pals. Here is law librarian Mark Giangrande’s take on the ABA’s latest response. [Law Librarian Blog]

* Interesting analysis: “How the Media Treated Mexico’s Mass Murder.” [The Awl]

* I agree with Professor Eugene Volokh: “people are constitutionally entitled to speak the truth about others, even with the goal of trying to get them fired.” [Volokh Conspiracy via Instapundit]

* I found a special friend on OkCupid, but the site wasn’t as helpful to Alyssa Bereznak, who had an unfortunate experience dating a world champion of Magic: The Gathering. [Gizmodo]

* If you’d like to check out Billable Hours: The Movie, here’s your chance (until September 10). [NexTV]

* And if you prefer live entertainment, tomorrow night check out the September 1 showcase of Comedians-at-Law (bios here; maybe you know some of these guys). [Comedians-at-Law]

We think a $5 fee presents no greater burden on nude dancing. . . . The fee is not a tax on unpopular speech but a restriction on combining nude dancing, which unquestionably has secondary effects, with the aggravating influence of alcohol consumption.

Texas Supreme Court Justice Nathan L. Hecht, writing for the majority and upholding the state’s “pole tax” in Combs v. Texas Entertainment Association. The ruling overturns a prior decision that found the fee unconstitutional on First Amendment grounds because it singled out protected expression in nude dancing.

Are you oversharing?

It’s strange how quickly the world changes. Things used to be so simple, but now Steve Jobs has resigned from Apple and we’re having earthquakes in Washington, D.C.

Moreover, some fundamental rules of online conduct are beginning to look like artifacts from a bygone era when people were crazy for RAZRs and nu metal.

Gone are the days of not Facebook friending coworkers. Online oversharing on social networking sites has simply become sharing. And workplaces have to adjust their rules and policies accordingly.

A National Labor Relations Board report released last week attempts to explain the changing legal standards for social media usage in the workplace. Written by the NLRB’s general counsel, Lafe E. Solomon, the document provides several case studies to illuminate how much smack-talking employees can do online while remaining legally protected.

In short, it’s a lot. Still, not quite everything is different. Calling your boss a “super mega puta” will still land you in the chokey. More on this and some of the other case studies, after the jump….

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I rode BART into San Francisco on Monday for dinner. As our train approached the Embarcadero station, the driver came on the intercom.

“We aren’t stopping at this station. Don’t want to drop you in the middle of a protest.”

So my roommate and I got off a block later and backtracked. We encountered a few clumps of would-be protestors wearing Guy Fawkes masks and bandanas. They might have been more intimidating, but many had hipster neck-beards curling out from underneath the masks. Mostly, though, there were a lot of riot police. A lot. Who were mainly just standing around.

The protest was in response to Bay Area Rapid Transit’s recent decision to temporarily turn off cell phone reception in four San Francisco stations, which was in anticipation of another protest, which was in turn a response to a recent police shooting in a San Francisco BART station.

Only in California do we have protests about protests. It’s all very dramatic, but where do law and technology fit in? As is the trend these days, pesky hackers broke into the BART Police Officers Association’s website on Wednesday and released personal information about the men and women who patrol the local subway system.

Read more about the allegedly horrible, no good, very bad policy decision that led to the hack after the jump….

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Back in 2009, some teen girls in Indiana had a sleepover that lived up to any teen boy’s fantasy version of one. After racy photos from the summer slumber party made their way to the principal’s office, two of the athletes in attendance were suspended from school sports for the year. That’s, like, totally unfair, said the ACLU, which helped the students sue the school, alleging violation of their First Amendment right to post slutty photos of themselves online.

The girls took photos of themselves “playing” with “phallic-shaped rainbow colored lollipops,” in the court’s words. It sounds like the oh-so-innocent unicorn horn lollipop to me. Though unicorns are usually associated with purity and virginity, these girls took the horn in a different direction, using it in photo shoots that simulated various sexual positions. I’ll leave the descriptions to the court, which wrote one of the racier opinions [pdf] I’ve ever come across (via Professor Eric Goldman’s Technology and Marketing Law Blog)….

double red triangle arrows Continue reading “Indiana Judge Upholds High School Girls’ Constitutional Right To Post Slutty Photos Online”

Non-Sequiturs: 08.05.11

Chris Christie

* Some bloggers stand up to dubious defamation lawsuits. [Techdirt]

* And some settle: St. Thomas Law (or its insurer) is paying $5,000 to Joseph Rakofsky. [Simple Justice]

* Another day, another lawyer accused of trying to kill someone — but not succeeding. (We might have more to say about this case next week; send us tips about Jason Smiekel.) [Chicago Tribune]

* My former boss, Governor Chris Christie, defends his appointment of Judge Sohail Mohammed, standing up to some of the Sharia-obsessed crazies on the right. Alas, some of these crazies could create problems for him in 2016. (Where are all the nice, moderate, socially liberal Republicans hiding? Establishment types, please take the GOP back from these icky populists.) [Arab American Institute]

* My co-author, Zach Shemtob, takes to the airwaves in defense of our New York Times op-ed, which has been controversial in some quarters. [AM 560 WIND]

Richard Matasar

* Dean Richard Matasar, outgoing dean of New York Law School, denies that law schools are all about the benjamins; rather, NYLS and other independent law schools “exist only for the benefit of their students.” [Bloomberg Law / YouTube]

* A woman is videotaped saying that she will claim sexual assault, when no such assault happened. (Staci’s take: “Pissed off women do strange things.”) [Houston Press]

* Google’s chief legal officer, David Drummond, accuses its competitors of being evil. [Corporate Counsel]

* Being a tenured professor can be a pretty sweet gig. Being an adjunct prof? Not so much. [Adjunct Law Prof Blog]

* If you’re looking for something to do on Monday night in New York, check out this fundraising event, sponsored by Weil Pays It Forward (and featuring Survivor hottie and former Weil lawyer Charlie Herschel). [Celebration of Survival]

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