- “Report: Government warnings about antidepressants may have led to more suicide attempts” [Washington Post]
- Celebrity doc known for touting diet-health snake oil told off by Senators known for touting socio-economic snake oil [NBC, Business Week]
- Physicians’ prescription of drugs off-label may “seem odd to the uninitiated, but it is called the practice of medicine, and there is absolutely nothing wrong with [it].” [Steven Boranian/D&DLaw, Sidley, Steve McConnell/D&DLaw (False Claims Act angle, with much background on that law generally)]
- “23andMe Closer to FDA Approval” [Matthew Feeney/Cato, earlier]
- FDA guidance could foreclose most use of tweets, Google ads and other character-limited vehicles in pharmaceutical promotion [Jeffrey Wasserstein/FDA Law Blog, Elizabeth N. Brown/Reason]
- Average wholesale price (AWP) litigation: “Pennsylvania High Court Joins Judicial Stampede That’s Trampling State Attorneys-General/Plaintiffs’ Bar Alliances” [WLF, Beck, earlier]
- California infant’s death opens window on lucrative (for some prescribers) intersection of workers’ comp and compounded pharmaceuticals [Southern California Public Radio]
Posts Tagged ‘Twitter’
Threatening blogger over satirical posts
Not a good idea for anyone, really, but an especially bad idea for the U.S. Department of Health and Human Services [Ken at Popehat; Paul Alan Levy (reminding that “the government itself cannot be defamed”)]
Down the same alley: when the mayor of Peoria seized on a misdemeanor law banning “impersonating a public official” as grounds for sending police after a clearly satirical Twitter account, he bit off more than he might be able to chew [Ars Technica, earlier]
Advice for Peoria mayor Jim Ardis
To curtail parody, stop being so parody-able in the aftermath of your decision to send cops after your Twitter critics [Radley Balko, more, earlier] Related: “Watch Repairer Goes Legal Over Tame Yelp Review, Streisand Effect Takes Over” [Geigner, TechDirt]
Peoria mayor sends cops after Twitter parodist
“Not long after learning about the parody Twitter account @Peoriamayor, the city’s real mayor, Jim Ardis, told police he wanted to find out who was publishing sometimes vulgar messages there, according to a search warrant filed Thursday. … Two judges signed off on warrants to get information from Twitter and Comcast. Another judge approved a Tuesday afternoon raid.” [Peoria Journal-Star via Scott Shackford/Reason; Justin Glawe, Vice]
P.S. Related from Starkville, Mississippi last year.
This is it: we’ve reached peak Guardian
“The cupcake has always been a gentrifying force … you could get a huge mass of people to participate in a reactionary endeavour if you dressed it up in nice, twee, cupcakey imagery, and persuaded everyone that the brutality of your ideology was in fact a form of niceness.” — Tom Whyman for Critical Legal Thinking, Guardian “Comment Is Free”, my Tweet h/t @Ben_McGinnis.
Free speech roundup
- “Money spent trying to spread a political message is speech, whether you like the message or not.” [Michael Kinsley on McCutcheon v. FEC, earlier]
- “Letter: Ken Avidor on Being Silenced By a Defamation Suit” [Romenesko]
- “Canada’s first Twitter harassment trial has taken a strange twist.” [Christie Blatchford, National Post]
- In union leader’s defamation suit, Philadelphia court orders anonymous commenter unmasked [CBS Philly]
- New Jersey ruling letting parents be sued over kids’ Facebook posts will chill speech [Hans Bader/CEI, earlier]
- More dispatches from Michael Mann-Mark Steyn litigation showdown [Steyn, Charles Cooke] Bonus: Steyn on Andrew Bolt case in Australia and on Nevada protests’ “First Amendment Area” (“The ‘First Amendment Area’ is supposed to be something called ‘the United States’.”)
- “True-crime author Ann Rule’s suit against Seattle Weekly tossed” [KING]
State of the Union speech
Update: I’m in this Cato video, my brief contribution on the president’s executive order powers beginning around the 2:15 mark:
I tweeted and liveblogged the State of the Union address last night so you wouldn’t have to watch. Here are Twitter highlights, in regular rather than reverse chronological order:
Tune in tomorrow night as Cato colleagues and I liveblog the State of the Union, or check Twitter #CatoSOTU http://t.co/5jiMgsRzSM
— Walter Olson (@walterolson) January 28, 2014
Top Dems want "sustained assault on Republicans over a populist economic agenda" from tonight's speech [WP] http://t.co/JDLXM3zC6R #CatoSOTU
— Walter Olson (@walterolson) January 28, 2014
Rule by fiat? In decreeing higher federal contract wages, Obama thumbs nose at Hill http://t.co/wZXHvFbgOy #CatoSOTU
— Walter Olson (@walterolson) January 28, 2014
The time when Justice Rehnquist sensibly skipped the #SOTU for a watercolor class [Gene Healy] http://t.co/hS3wPcIazx #CatoSOTU
— Walter Olson (@walterolson) January 28, 2014
Game on? "Wherever and whenever I can take steps without legislation… that’s what I’m going to do." #CatoSOTU http://t.co/ZvNadb2Swk
— Walter Olson (@walterolson) January 29, 2014
White House live feed announces Harry Truman was first President to have this speech "telavised" and spells it that way. Yikes. #CatoSOTU
— Walter Olson (@walterolson) January 29, 2014
#telavised may soon be trending on Twitter at this rate #CatoSOTU pic.twitter.com/zCzBPQShbF
— Walter Olson (@walterolson) January 29, 2014
Prez right the 1st time: said executive fiat "no shortcut," we’ve "got this Constitution…sep'n of powers" #CatoSOTU http://t.co/DdUW2PAyTF
— Walter Olson (@walterolson) January 29, 2014
Obama invited the teen inventor of a marshmallow cannon to #SOTU. It would be banned at most govt schools. http://t.co/3y28dPHdR1 #CatoSOTU
— Jason Bedrick (@JasonBedrick) January 29, 2014
A nod to needless patent litigation. Devil will be in the details. #CatoSOTU
— Walter Olson (@walterolson) January 29, 2014
Says he'll unilaterally streamline "big" construction permitting. Not much wiggle room given huge amount of binding law on books #CatoSOTU
— Walter Olson (@walterolson) January 29, 2014
He'll lecture firms to give long-term unemployed "a fair shot." Premise: huge LTU problem somehow fault of hirers, not bad policy #CatoSOTU
— Walter Olson (@walterolson) January 29, 2014
No evidence the federal govt could successfully scale up quality #preK programs. To the contrary, #HeadStart hasn’t worked. #SOTU #CatoSOTU
— Jason Bedrick (@JasonBedrick) January 29, 2014
So depressing to hear big applause for the oft-refuted demagogy on gender pay gap. Here's Cathy Young: http://t.co/QXESJKuAuU #CatoSOTU
— Walter Olson (@walterolson) January 29, 2014
Diana Furchtgott-Roth has also done excellent work on the myths of gender and pay http://t.co/nl1Mbsmnz7 #CatoSOTU
— Walter Olson (@walterolson) January 29, 2014
Chris Edwards: "They are not 'our' kids. You have your own, and I have mine." #CatoSOTU
— Walter Olson (@walterolson) January 29, 2014
Why $10.10? Wouldn't people be even better off with $15 min wage? $50? $100? #SOTU #CatoSOTU
— Ilya Shapiro (@ishapiro) January 29, 2014
Gun control much less prominent in this year's speech, maybe because its popularity has faded in polls http://t.co/R6CjK5zhaB #CatoSOTU
— Walter Olson (@walterolson) January 29, 2014
"America must move off a permanent war footing." That's the right idea — now live up to it. #CatoSOTU
— Walter Olson (@walterolson) January 29, 2014
Fairly deft tie-in of human rights w/Olympics, but missed chance to mention int'l religious persecution, Africa's anti-gay pogroms #CatoSOTU
— Walter Olson (@walterolson) January 29, 2014
Some Slate author. RT @mattyglesias: If the next president went back to the pre-Wilson tradition of written SOTUs would anyone complain?
— Philip Klein (@philipaklein) January 28, 2014
State of the Union liveblogging tomorrow for Cato
Tune in Tuesday night as Cato colleagues and I liveblog the State of the Union, or check Twitter at #CatoSOTU.
While you’re at it, do follow me on Twitter at @walterolson and @overlawyered, and at Facebook on both author and blog pages.
Surveillance roundup
- “That Thing They Said They’re Not Doing? They’re Totally Doing.” [Daily Show with Jon Stewart] “Exactly What the State Says to Deceive You About Surveillance” [Conor Friedersdorf]
- “Warrantless Cellphone ‘Tower Dumps’ Becoming Go-To Tool For Law Enforcement” [Tim Cushing, TechDirt; Ellen Nakashima, Washington Post; David Kravets, Wired; USA Today (local law enforcement using, not just federal)]
- Google, Apple, Microsoft, Facebook, Twitter, Yahoo, AOL, LinkedIn, but telecoms absent: “U.S. Tech Industry Calls for Surveillance Reform” [Corporate Counsel, EFF, Marvin Ammori/USA Today]
- New Federalist Society symposium on NSA/FISA surveillance and bulk data collection includes names like Randy Barnett, Jim Harper, Jeremy Rabkin, Stewart Baker, Grover Joseph Rees [Engage, Randy Barnett]
- Nowadays “law enforcement can feel free to admit their traffic stops are pretextual” Thanks, Drug War! [Popehat] “Sobriety Checkpoints Paved Path to NSA Email Spying” [Wired]
- FATCA, the intrusive overseas tax enforcement law, isn’t couched in public controversy as a federal data-snooping issue, but it should be [Radley Balko, McClatchy]
Free speech roundup
- “Bryon Farmer of the Blackfeet Tribe Jailed For Talking About Corruption In Tribal Government” [Ken at Popehat] “Popehat Signal: Vengeful AIDS Denialist Sues Critic In Texas” [same]
- Persons with federal government contracts can’t give to federal candidates or parties. Too broad? [Ilya Shapiro and Trevor Burrus, Cato]
- “Together at last! ‘Some US conservatives laud Russia’s anti-gay bill.'” [@jon_rauch on Associated Press re: “propaganda” measure]
- More on Second Circuit decision ruling scientific conclusions akin to protected opinion for defamation purposes [Digital Media Law Project, earlier]
- San Antonio bars appointment to its city boards and commissions of anyone who has ever said anything demonstrating bias “against any person, group or organization on the basis of race” or various other protected categories [Eugene Volokh]
- Cincinnati Bengals cheerleader wins defamation suit holding gossip site operator liable for user comments [Sporting News] Michigan: “Ionia newspaper editor files defamation suit against critics” [MLive, Popehat with a critical view, update at Popehat following dismissal]
- “Hate speech” at issue: “Twitter releases users’ identities to French authorities after tough legal battles.” [JOLT]