Free Speech

  • Loretta Lynch

    Morning Docket

    Morning Docket: 02.26.15

    * Congratulations to Loretta Lynch, who cleared a divided Senate Judiciary yesterday. And now secret Kenyan Muslim Barack Obama is one step closer to whatever conservatives think he’s planning in their fever dreams. [National Law Journal]

    * Police made an arrest in the bizarre hatchet attack upon a lawyer in Massachusetts. The motive, according to authorities, stemmed from the lawyer representing one of the suspect’s family members in probate court. [The Patriot Ledger]

    * It may not be $2.6 billion in revenue like some firms, but congratulations to Paul Hastings for crossing the $1 billion revenue threshold. [The Am Law Daily]

    * South Korea legalizes adultery. If you didn’t think South Koreans were waiting for the legal go ahead to start screwing around, the market doesn’t lie. [New York Times]

    * Nice rundown from Elizabeth Wydra of the Constitutional Accountability Center: 5 myths about King v. Burwell. [Washington Post]

    * Prosecutors lodge a number of additional charges against Supreme Court protestors because there’s a surprisingly high number of distinct federal crimes for “standing up and chanting in protest.” [Legal Times]

    9 Comments / / Feb 27, 2015 at 9:07 AM
  • Barrett Brown

    Free Speech, Media and Journalism, Technology

    Can You Be Prosecuted For Sharing A Link? The Troubling Case Of Barrett Brown

    The prosecution of a prominent activist and journalist raises very real and serious First Amendment concerns.

    30 Comments / / Jan 23, 2015 at 8:06 PM
  • amal and george clooney

    Non-Sequiturs

    Non-Sequiturs: 01.22.15

    * A representative for Amal and George Clooney has denied the rumors of an impending divorce plastered all over the newsstands this week. “This story is totally made up in order to sell their magazines.” Now we can go back to wondering when Amal is planning to sue President Obama. [Aceshowbiz]

    * Roe v. Wade is 42 years old (or 126 trimesters) today. How much of the original holding is left? Not that much actually. [TBT Legal]

    * Some 1st or 2nd year in D.C. is banging another associate and felt obliged to give us an anonymous blow-by-blow account. Think of it as a Penthouse Letter to the ABA Journal. [Reddit]

    * Speaking of Penthouse, the affidavit from the Prince Andrew/Alan Dershowitz sex scandal is just bats**t amazeballs. Check out the full document on the next page. [South Florida Lawyers]

    * “Jews in the U.K. never won a reported discrimination case against non-Jewish defendants.” I mean, who’d have thought the country that brought us The Merchant of Venice would have issues with Jews? [Tablet]

    * Americans decry European laws prohibiting certain kinds of hate speech. But Professor Faisal Kutty explains that liberal societies have their own secular sacred cows even if they don’t want to admit it. [Al Jazeera]

    * If you presume the clientele for litigation financing services are helpless, you’re selling them short. [LFC 360]

    * The latest threat to unsuspecting Americans: zombie debt! [Public Justice]

    * NYU admits it probably should have told the police when a student allegedly lit a classmate on fire and videotaped it. Ugh. NYU’s gone soft. In my day, we set each other on fire all the time and we liked it dammit! [Chronicle of Higher Education]

    27 Comments / / Jan 22, 2015 at 4:59 PM
  • Justice Scalia is laughing at your criticisms.

    Non-Sequiturs

    Non-Sequiturs: 01.13.15

    * From the “Why the hell didn’t you settle this?” file: Now that Alexandra Marchuk’s case against Faruqi & Faruqi and Juan Monteverde has gone to trial, it seems the firm is getting all sorts of publicity — mostly negative. [New York Post]

    * Supreme Court justices are really just like us… they show up late to work, too. Because Justice Antonin Scalia was stuck in traffic this morning, Chief Justice John Roberts had to summarize two of Scalia’s opinions from the bench. Oops! [NPR]

    * Speaking of Justice Scalia, the Supreme jurist managed to sneak in a citation to Jane Austen’s Pride and Prejudice in his opinion in Whitfield v. United States to show the common usage of the word “accompany.” [Volokh Conspiracy / Washington Post]

    * Remember Dennis Doyle, the lawyer who lost his job and dropped $25K to see every single Knicks game this season? He said this of his tragic endeavor: “I can’t shut it down. I’m in too deep. … I’ll see it through—if it doesn’t kill me first.” [Bleacher Report]

    * An Idaho prosecutor is having regrets over the fact that he chose to issue an arrest warrant for a 9-year-old boy on gum-stealing charges, calling it “a mistake under the circumstances.” That kid must be the coolest on the playground. [ABA Journal]

    * “Trying to suppress [the value of parody] with violence is a fool’s errand.” In the wake of the horror of the Charlie Hebdo shootings, it’s worth recognizing that here in the U.S., we owe much to rappers who have capitalized on free speech. [LinkedIn]

    12 Comments / / Jan 13, 2015 at 5:00 PM
  • ArrowGoingDown

    Morning Docket

    Morning Docket: 01.13.15

    * With fewer and fewer students applying to law school, acceptance rates have skyrocketed. Some, like GW Law, have even been accused of “laundering [their] credentials” by padding their enrollment numbers with transfers. [GW Hatchet]

    * “People don’t graduate from law school understanding the business of law.” That’s just one of the reasons recent grads are having such a tough time getting jobs as associates. Suffolk Law thinks it can help change that. [Boston Business Journal]

    * “This is an example of the system working as intended”: Hundreds of thousands of dollars are due to successful plaintiffs in same-sex marriage cases, and millions of dollars in attorneys’ fees for that work is racking up interest. [National Law Journal]

    * James Risen, the New York Times reporter who refused to out his source as part of a CIA investigation, has won the right to keep his journalistic integrity intact after a long legal battle. Prosecutors have officially dropped him as a witness. [Bloomberg]

    * After much talk about partners heading for the exits before, during, and after the Patton Boggs and Squire Sanders merger, and Bob Luskin has finally left the building for Paul Hastings. We hope his parting wasn’t “painful” for him. [WSJ Law Blog]

    11 Comments / / Jan 13, 2015 at 9:08 AM
  • Ted Cruz LF R Ted Cruz Texas flag

    Non-Sequiturs

    Non-Sequiturs: 01.09.15

    Ted Cruz LF R Ted Cruz Texas flag* Ted Cruz Goes To Jury Duty is the Ernest Goes To Camp of a new generation. [NBC News]

    * Former Judge Mike Maggio has graced our pages with his disgrace before when he admitted to making racist and sexist remarks about Charlize Theron’s adoption. Well, he just pleaded guilty to federal bribery charges. Looks like he’ll Geaux to prison. [Arkansas Times]

    * Faced with allegations that it discriminated against a trans woman, Saks takes the curious legal stance that it had the legal right to discriminate. I’d say that takes balls, but… [Slate]

    * A hearing board in Illinois just recommended a one-year suspension of former Sidley Austin and present DLA Piper attorney Lee Smolen. Maybe he could spend that time with his kids. [Legal Profession Blog]

    * Fourth Circuit rules that you can’t set up unconstitutional barriers to abortion. Nothing to do with the woman’s rights of course, but because it might impact the doctor’s free speech. [Dorf on Law]

    * Fired for wife-swapping. [Lowering the Bar]

    * Jones Day accuses a federal judge of bias in benchslap appeal. Meanwhile, trial lawyers are filing amicus briefs backing the judge. [ACEDS]

    * Technology and outsourcing have totally jacked the careers of Biglaw associates. You already knew this, but now there’s a paper! [TaxProf Blog]

    11 Comments / / Jan 9, 2015 at 5:01 PM
  • Trayvon Martin Hoodie RF

    Free Speech

    A Ban On Hoodies Would Just Lead To More Police Harassment

    It’s one thing for Oklahoma lawmakers to be stupid, but must they also be dangerous?

    1 Comment / / Jan 9, 2015 at 3:08 PM
  • Steve Kroft

    Non-Sequiturs

    Non-Sequiturs: 01.08.15

    * 60 Minutes correspondent Steve Kroft got to live out many an American’s fantasy: he got to screw a lawyer, again and again. [Gawker]

    * “I guess if I had to change one thing, it would have been to go to law school after college. But I didn’t know what I wanted to be when I grew up until I actually grew up, and by then it was a little too late for those goals.” [XX Factor / Slate]

    * Hoboken councilwoman Beth Mason and her husband, Wachtell Lipton partner Ricky Mason, just got hit with more than $40,000 dollars in fines for election finance reporting violations. [Politicker NJ]

    * Some thoughts from Professor Jonathan Adler on standing up for free speech in the wake of the Charlie Hebdo shootings. [Volokh Conspiracy / Washington Post]

    * Speaking of Charlie Hebdo, Professor Ann Althouse isn’t a fan of slobbery kisses. [Althouse]

    * How do legal rules contribute to the evolution of the institution of marriage? Thoughts from Professors Naomi Cahn and June Carbone. [Concurring Opinions]

    15 Comments / / Jan 8, 2015 at 5:03 PM
  • je suis charlie

    Free Speech, Murder

    The War On Jokes

    It sometimes feels like the only way to stand in solidarity with free speech is to aggressively publish whatever you want.

    / Jan 8, 2015 at 11:12 AM
  • devil's advocate

    Non-Sequiturs

    Non-Sequiturs: 11.26.14

    Ed. note: Above the Law will be dark on Thanksgiving and on a reduced publishing schedule on Friday, November 28, while we recover from turkey-induced comas.

    * Holy backfire Batman! Florida desperately wanted to display a nativity scene in the State Capitol because it’s more important than making real laws. Now they’re probably going to be forced to display a scene from the Satanic Temple. [Slate]

    * Researchers assert that college prestige has no bearing on the quality of the teaching. Would this carry over to law schools? [TaxProf Blog]

    * The National Bar Association, representing predominantly African-American attorneys and judges, has issued a response to the grand jury’s decision in the Michael Brown shooting. [The National Bar Association]

    * Speaking of Ferguson, apparently the investigator listed Darren Wilson as the “victim.” If you needed any more evidence of the power of semantics. [Lowering the Bar]

    * The CATO Institute talks about the First Amendment and One, Inc. v. Olesen. It’s an hour-and-a-half panel discussion. Pretty impressive for a 24-word (plus one citation) decision. [C-SPAN]

    * Is it a lie? Well, that depends on what your definition of “lie” is? [Dorf on Law]

    * Are over the knee boots appropriate office attire? [Corporette]

    * 8 women who left the law to follow their passions. [One 400]

    * Yesterday, we suggested you should write more thank you notes. Well, here are some reasons why you shouldn’t. [The Muse ]

    29 Comments / / Nov 26, 2014 at 1:41 PM
  • "Dating Coach" Julien Blanc

    Free Speech, Racism, Romance and Dating, Sexism, Sexual Harassment

    Pick-Up Artist Gets Hilariously Scathing Legal Rebuke

    “Julien Blanc may bully Japanese girls, but he will not bully our client.”

    67 Comments / / Nov 18, 2014 at 11:54 AM
  • angel-devil

    Free Speech, Technology

    Student Facing Terroristic Threat Charges After Decorating High School Bathroom With Laughable ‘Satanic’ Graffiti

    Today’s “terroristic threat” is brought to you by a very disappointed Satan. Apparently, this graffiti first appeared in a Brownsboro High School

    27 Comments / / Nov 14, 2014 at 10:09 AM
  • 41YtD+ApH+L

    Free Speech, Non-Sequiturs, SCOTUS, Social Media, Sports, State Judges, Supreme Court, Television

    Non-Sequiturs: 10.22.14

    * A Saul Goodman Bobblehead. You know you want it. [Amazon (affiliate link)] * It looks like that Jimmy John’s non-compete agreement we reported on is going to spawn a congressional inquiry. [Huffington Post] * His dreams of becoming a solicitor were sidetracked when he was “jailed for slapping a sleeping woman in the face […]

    8 Comments / / Oct 22, 2014 at 5:02 PM
  • 20131011153017!Nobel_Prize

    9th Circuit, Free Speech, Gay, Guns / Firearms, Non-Sequiturs

    Non-Sequiturs: 10.16.14

    * 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]

    19 Comments / / Oct 16, 2014 at 4:58 PM
  • gagged woman LF2

    Celebrities, Contracts, Defamation, Fat People, Free Speech, Weirdness

    A Case That Will Make You Want To Gag

    Can the maker of a product use contract law to shut up its users?

    18 Comments / / Oct 6, 2014 at 3:16 PM
  • Policeman looking frustrated

    Free Speech, Police, Technology

    Cop To Cameraman: ‘If You’re Invoking Your Rights, You Must Be Doing Something Wrong’

    America in the 21st Century is not as up on the Bill of Rights as you’d hope.

    37 Comments / / Sep 12, 2014 at 10:14 AM
  • dartboard pen on target inside straight

    Free Speech, Guns / Firearms, In-House Counsel, Politics, Religion, Theater, United Kingdom / Great Britain

    On Beheadings, Shootings, And ‘The Book Of Mormon’

    In-house columnist Mark Herrmann looks at some hot-button issues with a fresh perspective.

    14 Comments / / Sep 8, 2014 at 11:27 AM
  • WalterSobchak-RF