Randazza: Section 2(a) Falls! First Amendment Wins!
First Amendment Prevails as Final Portion of Trademark Act’s Censorship Regime Falls by Marc J. Randazza The U.S. Court of Appeals for the Federal Circuit[Read More…]
I Have Almost Nothing Bad To Say About Matthew Spencer Petersen
I have almost nothing bad to say about Mr. Matthew Spencer Petersen, President Trump's nominee to be a United States District Judge for the District of Columbia. Mr. Petersen is smart and well-educated. He is respected by his peers. He is, reportedly, good at his job as Chairman of the Federal Election Commission. When Senator[Read More…]
The Giving Season: Three Alternatives
So the season of giving is upon us. UPS packages from Amazon clutter every doorstep. Giving gifts to the kids is still a joy. But the older I get, the more I appreciate simplifying things and exchanging meaningful donations to charity with the other grown-ups in my life. It's more in keeping with what Christmas[Read More…]
Lawsplainer: Donald Trump, Jr. and the Attorney-Client Privilege
I have good news! I find that highly unlikely. I have a new legal question for you! Once again, my low expectations are rewarded. Stop being grumpy. This is important. It's about Donald Trump and Donald Trump, Jr. and Congress and the attorney-client privilege and lawyers and stuff. Ugggghhhh. So yesterday, Donald Trump Jr. was[Read More…]
Randazza: The Neo-Nazi and The First Amendment
By Marc Randazza Andrew Anglin, a neo-Nazi whom many online publications refer to as a vicious online troll, is being sued by a Jewish citizen of Whitefish, Montana. Tanya Gersh accuses him of invading her family’s privacy, urging his supporters to attack her family with hateful and death-threatening messages, and unleashing an online anti-Semitic trolling campaign[Read More…]
Everybody Lies: FBI Edition
You, dear readers, know my advice about talking to the FBI: don't. If the FBI — or any law enforcement agency — asks to talk to you, say "No, I want to talk to my lawyer, I don't want to talk to you," and repeat as necessary. Do not talk to them "just to see[Read More…]
The Feckless Thuggery of Anthony Scaramucci's Defamation Threat
Anthony Scaramucci, former White House communications director, a man with a temper, a narrow-band vocabulary and an improbably inflated sense of Steve Bannon's flexibility, has threatened a defamation suit over a student op-ed in the Tufts Daily. The threat — made through Scaramucci's counsel, Sam Lieberman of Sadis & Goldberg LLP — is every bit[Read More…]
Popehat Signal: Ugh, Really? OK. Everyone Has A Right To Free Speech.
When I was about 11 a few other socially inept morally spavined twerps and I recorded fake radio shows on my primitive cassette tape machine. It was mostly fart jokes, inarticulate inside-baseball ridicule of people we didn't like, and snort-laughing. I was born too soon. Apparently these days you can make thousands of dollars a[Read More…]
Randazza: Even Trump has a right to free speech
By Marc Randazza When then-presidential candidate Trump uttered the words, “Get’em out of here,” at one of his rallies, Trump’s supporters assaulted three anti-Trump protestors. The protestors now want to hold Trump liable for the assault, based on his speech alone. While I do not approve of Trump’s words, I am honor-bound to defend his[Read More…]
Hate Debate, Revisited
My debate with Elie Mystal on hate speech laws from earlier this year got turned into a More Perfect podcast episode. Fun.
Excerpts From The Congressional Testimony of Carter Page
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