Free Speech Triumphant Or Free Speech In Retreat?
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"[Read More…]
The Power To Generate Crimes Rather Than Merely Investigate Them
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.
Free Speech, The Goose, And The Gander
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"[Read More…]
Free Speech Tropes In The LA Times
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.
I write letters
On occasion.
About Clark Being "Purged" From Popehat
You may recall that we had a co-blogger named Clark. Clark left us at the end of 2015. Since then, Clark has stood by, approvingly, while others have asserted that he was kicked out/expelled/purged from the blog. Recently, he said so himself: Clark's being deceitful. I've put up with it for some time, but for[Read More…]
The Dubious "Anthony Weiner's Accuser Was Actually Over 16" Story, And Why I'm Very Skeptical
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[Read More…]
Lawsplainer: The Remarkable Anthony Weiner Guilty Plea
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[Read More…]
Randazza: Public Masturbation as Protected Speech?
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?[Read More…]
Randazza: 400,000 Reasons to be a Good Little Pet
By Marc Randazza Barry (Obama, that is) is cashing in now. He's going to rake in $400,000 to give a speech to Cantor Fitzgerald, a Wall Street investment bank. Some on the Left are flipping out that it cuts against everything Obama was supposed to stand for. The Right is screaming about it as well.[Read More…]
The Elaborate Pantomime of The Federal Guilty Plea
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[Read More…]
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