- Adios to Rum and Coke? “FDA, FTC crack down on caffeinated alcoholic drinks” [WaPo]
- Flap over Justice Alito’s attendance at conservative magazine’s dinner may be much ado about nothing [Steele, Legal Ethics Forum]
- “Cops Threaten Mom for Letting [8 Year Old] Son Play Outside” [Free-Range Kids]
- Contrary to some assertions, American courts from early on did recognize that tort liability could run into First Amendment constitutional limits [Eugene Volokh, Iowa Law Review, PDF]
- Woman pleads guilty to insurance fraud after obtaining $300,000 over low-speed auto collision [Seattle P-I]
- Well-known examples to the contrary, regulation doesn’t always favor big business against small [Bryan Caplan]
- Should “professional plaintiffs” have standing? [Brandon Murrill, William & Mary Law Review, PDF]
- Blonds not protected class under federal employment discrimination law, judge declares [six years ago on Overlawyered]
Posts Tagged ‘First Amendment’
Two Florida men prosecuted for “gang hand gestures” on MySpace
Two Lee County, Florida men face possible prison sentences of five years because their MySpace pages show them making hand gestures that prosecutors say are associated with street gangs. “Their prosecutions are the first under a state law passed last year that criminalizes the use of electronic media to ‘promote’ gangs.” The bill’s sponsor, state legislator Rep. William D. Snyder, R-Stuart, says in response to charges that the measure violates the First Amendment by criminalizing expression: “none of our freedoms are absolute, and the freedom of expression is not absolute”. [Steven Beardsley, Naples Daily News, Jul. 30] (& welcome Reason “Hit and Run”, Coyote readers)
Causing emotional distress through online postings
A bill sponsored by Rep. Linda Sanchez (D-Calif.) would criminalize a wide swath of controversial and impassioned speech on the internet, in everything from blogs to forums to email. Incredibly, it has fifteen sponsors. Eugene Volokh has details, and Hans Bader in the Examiner explores some of the implications.
“Conspiracy” — to petition the government
Eugene Volokh notes a disturbing case arising from land-use conflicts in Walkersville, Maryland.
March 22 roundup
- No back-alley bikini lines: New Jersey consumer affairs director rejects proposed ban on Brazilian waxing [Asbury Park Press, JammieWearingFool, Jaira Lima and protest site, Popehat, News12 video] Florida, however, won’t let you get a fish-nibble pedicure [WWSB]
- Kids doing well in homeschool but divorcing dad disapproves, judge says they must be sent to public [WRAL, Volokh]
- Al Franken comes out for loser-pays in litigation (well, in this case at least) [MSNBC “First Read”]
- U.K.: “A man who tried to kill himself has won £90,000 in damages from the hospital which saved his life but hurt his arm in the process” [Telegraph]
- Life in places without the First Amendment: “Australia’s Vast, Scattershot Censorship Blacklist Revealed” [Slashdot, Volokh, Popehat]; British Telecom passes all internet traffic through “‘Cleanfeed” filters to identify (inter alia) racist content [Glasgow Herald]
- More on that suit by expelled student against Miss Porter’s School; “Oprichniki” said to be not identical to Keepers of Tradition [NYTimes; our December coverage]
- “Why We Need Cop Cameras” [Steve Chapman, Chicago Tribune] Shopkeepers terrorized in Philadelphia: “The thugs had badges.” [Ken at Popehat]
- Counting former lobbyists in Obama Administration? Don’t forget Kathleen Sebelius [Jeff Emanuel, RedState]
- Wisconsin: “$50,000 claim filed over girl’s time-out in school” [Milwaukee Journal Sentinel]
Daily Roundup 2008-12-31
Due to work and family commitments today and tomorrow, this may be my final post at Overlawyered. Walter Olson will be returning shortly.
- Eight Los Angeles police officers may face suit from an unwilling Jamie Lynn Spears decoy. Why does the LAPD provide any officers at all to protect B-list celebrities?
- What slippery slope? New Jersey Civil Rights Division finds discrimination in case of Methodist ministry which refused to rent a pavilion for civil union of two lesbians, but otherwise rented the pavilion for marriage without regard for sectarian concerns. Perhaps this makes sense if sexual orientation is protected under New Jersey civil rights law, but I’m pretty sure New Jersey still gets it wrong on the First Amendment;
- Revolutionary breathrough in cellular anti-aging, or journalistic malpractice?
- “But the majority voted not to disbar since they saw a distinction between an attempt to have sex with the minor and actually doing it.” Like Eric Turkewitz, I’m astonished;
- In building a law firm, perhaps Craigslist is not the best substitute for traditional recruiting practices;
- Great news for British authors of Popeye fan fiction. American fans are still out of luck;
- Talk show hosts whose entertainment relies on “zinging” stupid guests, with the support of an even more stupid audience, should never invite Christopher Hitchens to appear on their shows;
- Thoughts on whether it’s deceptive, or just lame, to call a solo law practice “the Law Offices of John Smith” or “John Smith and Associates” from sole practitioner Scott Greenfield.
In the event that this is my final piece here, I’ve enjoyed my stint guest-blogging, and commend Walter on the hard work he’s done through the years to make this a great site, as well as to build an unusually good commenting audience. Happy new year!
Daily Roundup 2008-12-29
Soon, baby soon. Walter Olson’s new year’s resolution is to return to blogging at Overlawyered.
- International adoption is always a risky business, fraught with uncertainty: now aspriring parents, burned by changes in Guatemalan law, are suing adoption agencies alleging civil RICO liability;
- Some tasks can’t be delegated. New Jersey attorney sanctioned for sending paralegal to domestic court, where she appeared as “counsel” and advocated on behalf of the client;
- Some tasks can’t be delegated, part II: Las Vegas personal injury lawyer Glen “The Heavy Hitter” Lerner complains that he can’t understand rules prohibiting Nevada lawyers from allowing attorneys not licensed in Nevada to sign up Nevada clients, prepare demands, negotiate claims, and serve as the clients’ sole contact within the firm. The Nevada Supreme Court disciplines Lerner anyway, figuring that after multiple past reprimands Lerner could take a hint;
- Some tasks shouldn’t be delegated: Arkansas authorities investigating attorney Terry Lynn Smith, who “invested” a client’s substantial personal injury settlement, then admitted that “all of her money was gone.”
- And then some tasks should definitely be delegated: Top Obama aides are “lawyering up” in response to the Blagojevich probe;
- The fall of Dickie Scruggs has been named as the top story of the year in Mississippi, by the Associated Press;
- God told me to beat you up. Texas church claims first amendment immunity from tort liability arising from an exorcism gone horribly awry (via WSJ Law Blog);
- Rise and Fall of the Great Powers: former Republican presidential candidate Ron Paul believes that the recessed economy is a blessing in disguise. Meanwhile, Paul continues to accept the franking privilege and his salary from taxpayers.
What are you resolving to accomplish in the new year?
Oklahoma AG Receives Lesson on the First Amendment
The problem is that he refuses to learn from it. Drew Edmondson (D), Oklahoma’s Attorney General who seeks to become Governor in the 2010 election, disagrees with the Tenth Circuit Court of Appeals that circulating petitions for a ballot initiative limiting government spending is “core political speech,” protected for “outside agitators” (or whatever Edmondson calls them) as well as Oklahoma residents. Edmondson has announced that his quest to imprison Citizens In Charge head Paul Jacob and two others for hiring non-resident signature gatherers will end in the Supreme Court. That one’s rights to free speech and to petition government for redress of grievances don’t end at a state line is elementary constitutional law, the sort of thing 2Ls should know. But then there are many things that Oklahoma’s aspiring Governor seems not to know.
Microblog 2008-12-23
A few odds and ends:
- The University of North Carolina system is debating whether students’ rights to free speech, in a public forum explicitly reserved for free speech, include “hate speech”. To my shame as a UNC alum, I link to a Duke professor who gets it right;
- Ted Frank is a modest man. He hasn’t pointed you to this (non-pdf, easy to read) article on his role as an objector to the sham Grand Theft Auto class action settlement (the article was linked here some time ago, but it was in inconvenient format – readers interested in games, class actions, or lawyerly self-dealing should review it);
- Will Barack Obama seek to relax or repeal federal marijuana laws? Esquire thinks so. I think he lacks the guts. We’ll see who’s right. (Via Crime and Federalism);
- Bathroom sex, cops, wrestling, and catfighting lawyers! Note that not all lawyers who brawl are sexy;
- 20% of Americans think Dick Cheney is the worst Vice President in history. Ergo, at least 20% of Americans have never heard of dueling assassin Aaron Burr;
- Upstate New York Judge orders “living wage” of $13.11 per hour (!) for parking attendants. Unintended consequences ensue;
- Stray thought: if you haven’t seen When We Left Earth: The NASA Missions, you should. It was the best documentary I watched this year.
While I’ll be blogging tomorrow, I suspect that many of you won’t be reading. Have a Merry Christmas, Happy Chanukah, Ecstatic Eid, Joyous Kwanzaa, a very late Merry Diwali for Hindu readers, and for the secular among us, Happy Holidays.
Lawsuit: bailing out AIG unlawfully promotes Islam
I discuss a silly new lawsuit at Secular Right; those who would like a more thorough treatment should check out what Eugene Volokh has to say.