- Arkansas passes first-in-nation law to protect photographers’ rights, including right to film public employees/officials [Dan Greenberg, The Arkansas Project] “Colorado, Texas and California Lawmakers Introduce Bills to Protect Rights of Citizens to Record Cops” [Carlos Miller, Photography Is Not A Crime] On the other hand: “Texas Bill Would Make It Illegal For You To Film A Cop Beating You” [Lowering the Bar, more (“if you tell me I can’t film you in public, no matter what, filming you in public is going to move way up my priority list”)]
- “‘Deactivated’ Facebook Account Is Discoverable In Litigation” [Eric Goldman]
- Public records request for Oakland dataset makes good introduction to privacy issues in automatic license plate recognition [Cyrus Farivar, ArsTechnica] “Los Angeles Cops Argue All Cars in LA Are Under Investigation” [Jennifer Lynch, EFF]
- “Texas says it will stop collecting fingerprints of driver’s license applicants” [Dave Lieber, Dallas Morning News, earlier]
- “An elite that has lost the impulse to police itself” [Conor Friedersdorf; a contrary view, Stewart Baker podcast with Rebecca Richards, NSA director of privacy and civil liberties]
- “Stingrays and Police Secrecy” [Adam Bates, earlier]
- Taxopticon: “Newport News to begin scanning license plates to find delinquent taxpayers” [Theresa Clift, Daily Press (Virginia) via Amy Alkon]
- Illinois school district warns parents that in doing investigations under new cyber-bullying law it may require students to hand over their Facebook passwords [Vice Motherboard; earlier on “cyber-bullying”]
- Powerful, from Christina Hoff Sommers: how a shoddy NPR / Center for Public Integrity campus-rape study fueled legal fury of Department of Education’s Civil Rights Division [The Daily Beast; more, Bader] Nancy Gertner, retired federal judge and prominent progressive voice, on due process for college accused [American Prospect] Questions for New York Sen. Kirsten Gillibrand [KC Johnson, Minding the Campus]
- Smith College: “the word crazy was censored from the transcript, replaced with the term ‘ableist slur.'” [Kevin Cullen, Boston Globe]
- “Community College Courtesy of the Federal Taxpayer? No Thanks” [Neal McCluskey, Arnold Kling]
- “Families Of Two Newtown Victims Sue Town And School Board” [CBS Connecticut via Skenazy; recently on suits against gun businesses]
- More coverage of open records requests as way to go after ideologically disliked professors [Inside Higher Ed, our take last month]
- Washington Post piece went viral, but it’s dead wrong: “No, A Majority of US Public School Students are Not In Poverty” [Alex Tabarrok] Look, a not-yet-published paper that claims to confirm something many of us want dearly to believe about school finance. But will it have the staying power of Prof. Hanushek’s? [WaPo “WonkBlog”]
- “Don’t the attorneys who bring these [sled injury municipal] lawsuits have kids and don’t any of them go sledding together?” [Abby Schachter, Pittsburgh Tribune-Review, quoting my response to that question; Nicole Kaeding, Cato; earlier]
- Eighth Circuit sends back for reconsideration lower court’s $4.7 million fee award against EEOC to trucking company it sued [Transport Topics, opinion, earlier]
- Long Island: judges have awarded at least $638K in court appointments to influential Nassau Democrat [Newsday]
- Or just call them “competition”: “Uber Called ‘Criminal Enterprise’ by Philadelphia Cab Owners” [Bloomberg]
- Update: New Jersey attorney Paul Bergrin loses appeal in “No Kemo, no case” witness murder affair [opinion, 2012 round, earlier]
- More on flaws of suit seeking to blame gun business for Sandy Hook massacre [Nicholas Johnson, Liberty and Law, earlier]
- Local man tips Eugene Volokh, Ken White (Popehat), and Steve Hayward (Power Line Blog) to irresistible free-speech story, internet goes crazy [Pete McCarthy, Frederick News Post, on how Kirby Delauter story went viral; earlier]
- “Judges seemed to be troubled that prosecutors in Manhattan had secretly searched the entire Facebook accounts of about 300 people who were not charged with a crime” [New York Times]
- Goshen, N.Y.: “Dozens of speakers thundered against the proposed asset forfeiture law at two public hearings held Monday by Orange County Executive Steve Neuhaus.” [Goshen Chronicle; Neuhaus vetoes measure] Related, forfeiture at work in Pennsylvania [AP/same]
- Buried lede in breathless story about federal bank fines: “The agency receives a cut of up to 3 percent of its share of the total settlements for its Working Capital Fund, a slush fund common across major government agencies.” [Newsweek]
- From amid the wreckage: Dan and Fran Keller abuse case [Austin American Statesman]
- “Missouri’s attorney general announced lawsuits against 13 [St. Louis] suburbs on Thursday, accusing them of ignoring a law that sets limits on revenue derived from traffic fines.” [NY Times via Tabarrok]
- “It is remarkable enough that an African-American man can be convicted by a jury for breaking into a store that video shows was burglarized by a white female.” [The Open File on Indiana prosecutorial misconduct case via Radley Balko]
- “Lawyers for California Attorney General Kamala Harris argued releasing non-violent inmates early would harm efforts to fight California wildfires. Harris told BuzzFeed News she first heard about this when she read it in the paper.” [BuzzFeed]
If you’re active on Facebook, don’t forget to like Overlawyered’s page there and consider liking my professional page, which has links to new things I’ve written, appearances, etc. I also have a personal page.
“Theresa May, the Home Secretary, unveiled plans last month for so-called Extremism Disruption Orders, which would allow judges to ban people deemed extremists from broadcasting, protesting in certain places or even posting messages on Facebook or Twitter without permission.” Who’s an extremist? Funny you should ask. It’s not just preachers of violent jihad:
George Osborne, the Chancellor, has made clear in a letter to constituents that the aim of the orders would be to “eliminate extremism in all its forms” and that they would be used to curtail the activities of those who “spread hate but do not break laws”.
He explained that that the new orders, which will be in the Conservative election manifesto, would extend to any activities that “justify hatred” against people on the grounds of religion, sexual orientation, gender or disability.
He also disclosed that anyone seeking to challenge such an order would have to go the High Court, appealing on a point of law rather than fact.
An outcry has been arising from groups including both conservative Christians and atheists, both of whom suspect that their own controversial speech will be subject to restriction under the new rules. [Daily Telegraph; earlier]
From the United Kingdom [Camilla Swift, The Spectator]:
Police this week were granted the authority to carry out random, unannounced checks at the home of anyone who has a gun license. Why? They claim that shooters may be ‘vulnerable to criminal or terrorist groups’ and this is the way to tackle the ‘problem’. The new Home Office guidance assures us this won’t occur ‘at an unsocial hour unless there is a justified and specific requirement to do so.’ Some get-out clause.
More: CPSA. Perhaps, in our American Bill of Rights, there is more of a connection between the Second Amendment and Fourth Amendment than is at first apparent.
And: “Watervliet, NY Asks Pistol Permit Applicants for Facebook Passwords. Or Not.” [Robert Farago, The Truth About Guns]
It did come across as curious when the Facebook acquaintance only seemed to be interested in side effects of medications and whether I had suffered death or injury in an accident. What kind of icebreaker is that? Daniel Fisher at Forbes investigates and finds traces of marketing efforts on behalf of the firm of Parker Waichman. Under New York rules for lawyers, law firm advertising is supposed to be clearly marked as such, nor are its contents supposed to be false or misleading.
P.S. From commenter wfjag: “She wanted to know if I’d died or was suffering a lingering fatal condition. Especial interest in effects on The Brain. No pictures of faces and no information on family lives. I thought I’d finally found Zombie Dating.”
- Facebook fought dragnet-with-gag-order subpoena in NY police/fire disability-fraud case [Mike Masnick, TechDirt]
- Two lawyers charged in alleged plot to extort millions from wealthy sheik [ABA Journal]
- Judge declares mistrial, plans new trial date in case of allegedly faulty guardrails [Bloomberg, more, background]
- Last year Overlawyered made the “Hall of Fame” and from now through Aug. 8 you can nominate other sites for the ABA’s annual Blawg 100 honor;
- Supreme Court, which seldom grants cases raising non-delegation doctrine, agrees to hear Dept. of Transportation v. Assn. of American Railroads [Roger Pilon/Cato, Gerard Magliocca] And Prof. Philip Hamburger, author of bracing new book Is Administrative Law Unlawful (earlier), has just guest-blogged about it for a week at Volokh Conspiracy, and has a related podcast at Law and Liberty;
- David Henderson writes rave review of new Peter Schuck book Why Government Fails So Often [Regulation, PDF; excerpts also at Econlib and more, earlier on Schuck book]
- Legal academia stunned, in grief after highly regarded criminal law specialist Dan Markel is murdered in his Tallahassee home [PrawfsBlawg, Dave Hoffman, Marc DeGirolami]
It should realize the privilege of doing so is reserved for other societal institutions, like lawyers and the press. [National Journal]