Here's an update about Michael Weiner, who goes by the stage name Michael Savage, and who has frequently been identified as a unlikelable choad on these pages. You might remember that Savage sued CAIR, the Council on American-Islamic Relations, when CAIR published a sort of sort of greatest hits of Savage's ignorant bigoted douchebaggery about Muslims.
The predictable result has arrived.
Via Volokh, I see that Judge Susan Illston of the United States District Court for the Northern District of California has granted judgment on the pleadings to CAIR, dismissing Savage's ridiculous copyright claim without leave to amend. Judge Illston found that CAIR's use of selected clips of Savage's rantings to denounce him as a bigot was quintessential fair use, defeating the copyright claim. Judge Illston gave Savage leave to amend his RICO claim. But frankly, that appears akin to letting her victim stagger a few steps before she delivers the coup de grace. Judge Illston laid out the enormous First Amendment, standing, and pleading impediments facing Savage's feckless and attention-seeking theory that CAIR is engaged in racketeering through a course of criticizing dicks like Savage, writing letters, boycotting, and threatening lawsuits. Read the opinion, and you'll see why I'm highly skeptical that Savage will be able to amend to frame his claim to pass muster.
Here's hoping Savage's attorney gets hit with Rule 11 sanctions for this farce. But watch for Savage to sputter misogynistic tirades against Illston and get his troglyditic listeners to write her nasty crayoned letters.
Last 5 posts by Ken White
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