The First Amendment had a pretty good week. In Matal v. Tam the United States Supreme Court unanimously held that a federal law prohibiting "disparaging" trademarks violated the First Amendment. Though the eight voting justices broke into two groups of four taking slightly different paths, their language was equally blunt. From Justice Alito: The Patent […]
I've got a piece up at NRO about about how nobody — even Trump-haters like me — should be comfortable with federal prosecutors' broad power to catch people not for underlying misconduct, but for reactions to the investigation.
Last night a popular alt-right troll disrupted a controversial modern production of Julius Caesar staged with a Trumplike figure in the lead role. Some people are incensed at this production and arguing that it depicts and encourages the assassination of Trump himself, and that fury has built to the point that random theaters with "Shakespeare" […]
The LA Times ran my column about cliches and slogans that obscure the free speech debate. Kudos to the Times for making me sound like even more of a choad with the headline.
Friday I wrote about Anthony Weiner's federal plea to transferring obscene material to a person under 16, and offered some comments on how it was unusual and notable. Since then, a site called "Who What Why" has published a story claiming that the minor in the case was 17, not 15, and that she initiated […]
Oh Ken . . . . What. I have . . . . [giggles uncontrollably] Oh Lord save me. I have a question about WEINERS. Is there any hope I can get a foil who's not twelve? Don't be an old grouch. Can you explain Anthony Weiner's guilty plea? Ugh. Why? It's tawdry. People are […]
By Marc J Randazza The Oregonian reports, delightfully, Man arrested after 'masturbating vigorously' in public because he 'hates Portland'. So would his rationale change this from just a run-of the mill date with Palmela Handerson into protected activity? It just might. After all, nudity can be so ennobled, so why not evicting the testicular squatters? […]
More than a decade ago I stood next to my client, a fourth-grade-educated immigrant using a Spanish interpreter, as a federal judge explained epistemology to him at length. The road to this moment was rocky. The client had previously attempted to plead guilty to possession of heroin with intent to distribute. Midway through his previous […]
By Marc Randazza The news is abuzz with the unfortunate, disturbing, and misleading reports that a member of the group Code Pink was convicted of a crime for merely laughing at Jeff Sessions. That isn't exactly what happened, but I think what happened is even worse. I discuss it here, in my latest CNN column, […]