We will be appealing this decision to the U.S. Supreme Court. If the Court takes the appeal, I will argue it personally as I have done in two previous cases over the past five months. In my last case, the Supreme Court accepted my argument and overruled the Ninth Circuit’s decision unanimously.
Here’s a quick update on a past Lawsuit of the Day. Last month, Chris Armstrong, the openly gay ex-president of the University of Michigan student body, sued Andrew Shirvell, the former Michigan assistant attorney general and outspoken opponent of homosexuality. As you may recall, Shirvell criticized Armstrong in a blog called Chris Armstrong Watch, making allegations that according to Armstrong were false, and Shirvell also followed Armstrong around Ann Arbor. So Armstrong sued Shirvell for stalking, invasion of privacy, and defamation (among other claims).
Now Andrew Shirvell is firing back. Last week, Shirvell, proceeding pro se [FN1], moved to dismiss Chris Armstrong’s lawsuit.
Not surprisingly, Shirvell claimed in his motion to be a victim: “Plaintiff’s course of conduct was politically motivated and intended to make an example out of Defendant in order to deter others from criticizing Plaintiff’s homosexual activist agenda.” More specifically, Shirvell argued that certain counts of the Armstrong complaint fail to state claims upon which relief can be granted, that Shirvell’s criticism of Armstrong was protected by the First Amendment, and that Shirvell never had direct contact with Armstrong (e.g., by email or by phone).
Former Michigan prosecutor Andrew Shirvell might be gone from the Michigan attorney general’s office, but he has not been forgotten. Shirvell, an outspoken opponent of homosexuality, has just been hit with a lawsuit — by Chris Armstrong, the ex-president of the University of Michigan student body.
Armstrong is suing Shirvell in Michigan state court for stalking, invasion of privacy, intentional infliction of emotional distress, defamation, and abuse of process. His lawsuit seeks more than $25,000 in compensatory damages, as well as punitive damages and injunctive relief (to enjoin Shirvell from, well, being such a creep).
As you may recall, Shirvell seemed obsessed with the young, beauteous, and openly gay Armstrong, devoting an entire blog to criticism of Armstrong and following Armstrong around, day and night. As explained by Armstrong’s lawyer, Deborah Gordon, Shirvell demonstrated a “bizarre personal obsession” with Armstrong, reflected in numerous blog and Facebook postings in which Shirvell asserted that Armstrong was advancing a “radical homosexual agenda.” [FN1]
We mentioned this briefly last night in an update appended to Non-Sequiturs, but it’s big enough news that it merits more coverage. Michigan assistant attorney general Andrew Shirvell — whom we’ve covered extensively, for his blogging campaign against Chris Armstrong, the openly gay (and ridiculously handsome) student body president at the University of Michigan — has been fired by Michigan Attorney General Mike Cox.
(A commenter had this punny response to the news: “Gosh. Is that the last time Andrew Shirvell will run into trouble with Cox?”)
I previously wondered whether Shirvell deserved to be fired. As AG Cox noted in explaining why he didn’t fire Shirvell immediately, government lawyers have free speech rights too.
Most of you weren’t as concerned. In an Above the Law reader poll last month, over 80 percent of respondents said that Cox should fire Shirvell.
And so he has. According to the Michigan AG’s office, Shirvell went well beyond the bounds of permissible free speech….
Today brings some updates in the ongoing saga of Andrew Shirvell, the Michigan assistant attorney general who writes Chris Armstrong Watch, a blog devoted to attacking the openly gay student body president of the University of Michigan. We’ve covered the story extensively (see here and here).
First, Shirvell’s blog is now “open to invited readers only” — i.e., it’s password-protected.
Second, Chris Armstrong is seeking a restraining order against Shirvell (who has shown up at events attended by Armstrong and also at Armstrong’s home). Judge Nancy Francis declined to issue an immediate restraining order but scheduled a hearing for next week. (Shirvell has already been banned from the Michigan campus, despite his status as a UM alumnus.)
Third, and most notably, Shirvell has taken a personal leave from the Michigan AG’s office. This announcement was made today by a spokesperson for Attorney General Mike Cox — who also mentioned that Shirvell will be the subject of a disciplinary hearing when he returns to work.
The news that Shirvell is out of the Michigan AG’s office, at least temporarily, will be welcome to many. But some observers, including our own Elie Mystal, have called for more: namely, Shirvell’s firing.
Let’s pause and consider: Would it be that easy to fire Andrew Shirvell? As a former government lawyer who once blogged about judges while appearing before them as a prosecutor, I have some thoughts on this….
Andrew Shirvell, the Michigan assistant attorney general who has decided to launch a smear campaign against a Michigan undergraduate student council president, appeared on Anderson Cooper 360 last night. Shirvell made headlines two weeks ago, when his hate blog against University of Michigan student council president Chris Armstrong attracted media attention. Shirvell claims Chris Armstrong advances a “radical homosexual agenda.” Shirvell’s blog depicts Armstrong with photoshopped swastikas on his face and features all sorts of hateful rhetoric directed against Armstrong. We previously wrote about Shirvell here.
I don’t know if Shirvell thought he was going to get fellated by Larry King when he walked into the CNN studio. But Anderson Cooper was not about to let this unrepentant homophobe have an unchallenged opportunity to spout his hate to a national audience. The best Cooper line: “You seem to be obsessed with this young, gay man.”
Why don’t you check out the video clip, and then we’ll discuss…
Andrew Shirvell: Is there anything you'd like to tell us?
Andrew Shirvell is an assistant attorney general in Michigan, and he’s got a bone to pick with Chris Armstrong, president of the University of Michigan student body.
In other reports, Armstrong is referred to as “the gay president” of the Michigan student body. But on Andrew Shirvell’s blog devoted to Chris Armstrong, Shirvell refers to Armstrong as: “a viciously militant homosexual activist who is (currently) the president of the Michigan Student Assembly (MSA).”
You know what they say about vicious militants, Mr. Shirvell: it takes one to know one. Shirvell — who, once again, is an Assistant Attorney General — is using his blog to conduct the worst kind of “smear the queer” campaign, and it’s all directed against a college student. You’d call Shirvell a homophobe, but that would be insulting to the many bigots out there who merely try to suppress a civil liberty or two.
Andy Shirvell is well beyond your average gay-basher…
The “censored” box that Craigslist put over the “Adult Services” section of its website may have been a last hurrah before capitulating to demands from attorneys general that the section be eliminated. Today, the censored box disappeared from the site.
The “adult services” section is gone, but two new services sections appeared: “cycle” and “marine.” Their offerings are not as exciting as the now-disappeared lusty section. There are multiple ads for jet ski repair in the new marine section in New York, and a “massage special” in the cycle section. It looks like would-be prostitutes are going to have to work on their bike and boat repair skills.
The law — i.e., Section 230 — was on Craigslist’s side. Why did it capitulate?
It’s the kind of fight that wouldn’t have seemed possible just ten years ago. The New York Daily News reports that right now the Democratic candidates vying to replace Andrew Cuomo as New York State Attorney General have started fighting over who can be “softest” on drugs:
Five otherwise intelligent people are competing to be the top prosecutor of a state that has seen a worrying uptick in violent crime, much of it drug-related.
Yet all they seem to argue about is who has fought harder to keep cocaine and heroin dealers out of prison and on the streets.
Okay, obviously Daily News writer Bill Hammond still thinks that the Rockefeller drug laws are not blatantly unfair and ineffective. Whatever. The important thing here is that five potential prosecutors are seemingly done with this simplistic approach to the drug problem, and the people of New York seem to be on board…
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.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.