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Yikes. Yes, the Balloon Boy family screwed up, but 30 days in jail for the dad and 20 days in jail for the mom, in addition to having to pay back all the money that the authorities spent chasing down the balloon… it seems a little bit over the top.
The [...]

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I really used to like Alan Grayson.
It was nice to see that there was one democrat who had a pair of balls. Grayson seemed to stand up at times that other Democrats would cower and wimper like the typically spineless little bunnies that they are. Grayson seemed to be a man of convictions [...]

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We sure do see a lot of intellectual property abuse around here. This has to be the best one yet. Former South Dakota State Representative Ted Klaudt claims that he has a “common law copyright” in his name, and thus any news organization or other publication that uses his name must pay him [...]

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By J. DeVoy
From Boston.com:
LOS ANGELES – One morning in May 2008, an eighth-grader walked into Janice Hart’s office at a Beverly Hills middle school crying.
I love it when stories start that way.  Many of my real-life hypotheticals relate to crying, so naturally I love when the mainstream media brings it up.  Call it the Eric [...]

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By J. DeVoy
In Danielle Citron’s paper Cyber Civil Rights, which she discussed at Denver Univeristy’s “Cyber Civil Rights” Symposium (summarized by Eric Goldman here), her contempt for existing First Amendment freedoms could not be clearer.  Though anonymous speech can shock and offend people, Citron proposes eliminating it completely.
First, Citron advocates the elimination of § 230 [...]

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Cecil Bothwell is a city councillor in Asheville, North Carolina. That in itself is not remarkable, but Bothwell ran as an openly-atheist candidate.. Well, ol “Ain’t no gawd Cecil” dun tickery won the dag gum election. It seems that now, his opponents are seeking to have him stopped from taking office, because [...]

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I wrote about the Red Hat Club case in April of 2008 in The Georgia Court of Appeals commits attempted murder on American literature in “Red Hat Club” case. Without re-writing that post, which tells the story enough, the case was a “libel in fiction” case. An author based a fictional character on [...]

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File this under “holy shit!”
Wisconsin prison guards decided to toss a “non lethal” grenade into a prisoner’s cell. This grenade usually is used for outdoor crowd control. Naturally, the use of such a device on a 135 lb inmate seemed like excessive force, and the inmate received a $49,000 settlement.
But [...]

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Okay, not exactly… but the Citizen Media Law Project has launched its Online Media Law Network. Good coverage of it here by one of my favorite journalists.
Posted in First Amendment

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This one is a little disturbing.
Political Race Gets Nasty
During an election in Buffalo Grove, Ill., an online debate started about a candidate for Village Trustee, Lisa Stone. During that debate, this public official’s 15 year old son, Jed, got a little upset about some harsh statements lobbed at his mother, so he [...]

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Free Speech Wins Again.
The Decision is available here: Glenn Beck v. Isaac Eiland Hall, WIPO Case No. D2009-1182
Other case documents available here:
Complaint
Request for Stipulation
Response and annexes.
Supplemental Filing
Surreply
I am delighted that I got this decision today, which is the birthday of my friend and mentor, Larry Walters. Larry, this win is hereby [...]

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ell, that was fast.
This lawsuit got filed, and before I got to have any real fun with it… the Above the Law Lawsuit was dismissed. I got to write one measly letter.
Shame… I was really hoping to open up this can of whup ass I have lying around. Now what am I gonna [...]

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by Jason Fischer
One of the chores inherent in the practice of law is that one has to read a lot of really REALLY dry court opinions. It’s always nice when you find judges out there who recognize this, and make some effort to keep it interesting. One of my favorites from law school [...]

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I’m not shocked that Arnold Schwarzenegger is governor. I’m just surprised that it wasn’t Flori-duh that elected him.
The Governator signed an anti-paparazzi bill to permit lawsuits against media outlets if they pay for and make use of photos taken by paparazzi. Brilliant. Since 30 annoying fucking rich people don’t want [...]

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I spent a summer in Alaska and loved it. I saw no indication of a people who would be dumb enough to elect Sarah Palin. I guess I didn’t pay attention. There is a prosecutor there who doesn’t care that the Supreme Court has already ruled that non-obscene “child porn” that does [...]

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