Archive for 2015

Ken White on the evils of hate-speech law in Britain

In Britain authorities have filed legal charges under “malicious communications” (roughly hate speech) law against a series of persons accused of abrasive and insensitive Tweets and social media posts, often politically charged. The latest target is diversity officer Bahar Mustafa of the University of London, who defends the obnoxious tweet in question (hashtag #killallwhitemen) by reference to the notion that “she could not be guilty of sexism or racism against white men “because racism and sexism describe structures of privilege based on race and gender and therefore women of colour and minority genders cannot be racist or sexist, since we do not stand to benefit from such a system.” [The Independent] Uh-huh.

Ken White: “In a sensible legal system [the tweet] shouldn’t generate anything more than an eye-roll. But in a feels-based legal system, it’s actionable.” As for “you censorious Guardians of Feels on the Left: if you thought that the norms you created wouldn’t be used against your ‘own side,’ …[that] is almost indescribably moronic. Go sit in the corner and think about what you have done.” [Popehat] “Purveyors of speech-scandals of every sort: you think it can’t happen to you?” On the use of the law by powerful people, compare also this George Galloway episode.

LinkedIn class action settlement

On Oct. 2 “millions of LinkedIn users received an email titled ‘LEGAL NOTICE OF SETTLEMENT OF CLASS ACTION.’ The email told recipients about a proposed class action settlement in Perkins v. LinkedIn, involving ‘LinkedIn’s alleged improper use of a service called “Add Connections” to grow its member base.’ …Communicating with a large class of millions of victims is never easy, but this particular notification was handled particularly poorly. Let me highlight six problems with the notification….If the sender’s goal is to reduce the number of people who open the email, late Friday afternoon is a fine choice.” [Eric Goldman/Forbes] More: Coyote (“You Want to Know Why the Legal System is Broken?”)

October 7 roundup

“Wisconsin’s ‘John Doe’ Raids Two Years Later”

Caleb Brown interviews Eric O’Keefe on the abusive Wisconsin John Doe prosecution of alleged unlawful campaign coordination, much covered in this space. O’Keefe says the growing scope of campaign regulation allows wider scope for the law to be used to harass and persecute outsiders and minority viewpoints, and also speculates as to why the prosecution has not been subject to more intense scrutiny in the press: “The prosecutors have cultivated relationships over a long period of time with the newspapers. Prosecutors get a lot of good stories first, like who they’re going to indict, who got arrested…so the newspapers tend to pander to prosecutors and together they have extremely powerful weapons.” Emails from the Wisconsin John Doe targets’ private accounts, for example, scooped up by prosecutors’ secret subpoenas, later surfaced in stories in the newspapers putting the targets in a bad light.

Labor and employment roundup

  • “May employer fire employees for defending themselves (or others) against violent customers?” Dissenting Judge Lee has better view in Utah case [Eugene Volokh]
  • “You have to ignore many variables to think women are paid less than men. California is happy to try.” [Sarah Ketterer, WSJ]
  • U.S. Department of Labor has agreements with eleven countries to teach immigrant workers about U.S. labor laws “prior to and after their arrival” [Sean Higgins, Washington Examiner]
  • “Why is Harrisburg paying a police officer who hasn’t shown up for work in 25 years?” [PennLive] Cf. Former Nashville cop says he “didn’t really want to” go on disability pension 27 years ago, “but it was either that or get fired” [Nashville City Paper back in 2010]
  • “A White House forum for your whiny employees? Yup, this is a real thing, and you should pay attention.” [Jon Hyman]
  • Minneapolis charity canvassers: “The Wobblies just won a big independent contractor case at the NLRB” [Politico “Morning Shift”, Jon Hyman]
  • On widely reported decline in labor share of U.S. income, mind this little-reported asterisk [David Henderson, Timothy Taylor]

Hillary Clinton and gunmaker liability

Remarks by presidential candidate Hillary Clinton have brought an old topic of mine — gunmaker liability, and the 2005 Protection of Lawful Commerce in Arms Act — back into the news [Brian Doherty, Reason] I last wrote about it in this piece for Power Line Blog two years ago, and the attempt to use coordinated litigation to take down the gun industry, thus achieving gun control by other means, was the subject of a chapter in my 2004 book The Rule of Lawyers.

On CPS: “The progressive case for parents’ rights is worth taking seriously”

The critique of Child Protective Services agencies advanced lately by the free-range kids movement should find a readier echo on the left, writes Michelle Goldberg in The Nation. “Progressives have not, in general, seen CPS as worthy of the same suspicion as other forms of law enforcement,” yet minorities and poor persons are exposed to its scrutiny and pressure if anything more intensely. “Most of the time, when CPS is called, no proof emerges that the parents did anything wrong.” Yet they may still keep coming around inspecting your refrigerator and so forth: “once CPS enters a poor family’s life…it can be hard for the family to extricate itself….A social worker may discover that the woman is living with a man who has a criminal record. And that’s enough to keep the case open.” One Twitter response, from Isaac A. Patterson:

More: Radley Balko.

Supreme Court roundup

The Court begins its new term each year on the first Monday in October: