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October 29, 2013 in
A confidante describes him thus: I think [he] knew that he had God-given talents that were extraordinary. He knows exactly how smart he is. . . . He knows how perceptive he is. He knows what a good reader of people he is. And he knows that he has the ability — the extraordinary, uncanny ability — to take a thousand different perspectives, digest them and make
Posted on
October 29, 2013 in
California Highway Patrol thug pointing rifle at innocent man. (AP Photo/The Sacramento Bee, Randall Benton, via KTVU) It sure looks to me like that cop is pointing a rifle at the guy in the Mustang. Which he shouldn't be doing. I thought he was doing it because he's scared, but the more I think about it, the more it seems it's all for show: an
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October 26, 2013 in
Here’s what Marc Randazza said to an academic about her proposed revenge-porn statute: While you’re sitting on your ass “teaching people how to think like a lawyer,” I’m actually out front on this issue, *litigating* these kinds of cases. I think your law is fucking idiotic. Absolutely. Fucking. Idiotic. Nothing but the academic circle jerk and a few vote-starved legislators could possibly consider *criminalizing* the publication of
Posted on
October 25, 2013 in
I shouldn’t be surprised, but I am. I knew it. I had written about it. But still I tried to engage Mary Anne Franks on the law, to explore the truth. Like Charlie Brown with his football, I allowed myself to be surprised by more of the same: Overstate your case. Misstate the law. Make handwaving generalizations. Demonize disagreement. Use false analogies. Lie. Mary Anne Franks won’t
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October 24, 2013 in
In a comment to this post, in which I wrote: I confess that I don’t know who JD Underground’s denizens are. Dropping in there is like visiting a party at which a bunch of doughy masked frat boys alternately slap-fight and masturbate each other. It’s frankly disturbing. …JD Underground denizen "patentesq" asks, "Hey, Bennett how about arguing your points on JDU?" I wonder: what part of my
Posted on
October 23, 2013 in
Mary Anne Franks is still inventing First Amendment law in the cause of her political crusade to get her proposed statute outlawing revenge porn outlawed: PrometheeFeu, I do disagree with you, but much more importantly, the Supreme Court disagrees with you. The Court has never held that speech that has zero political, newsworthy, artistic, or scientific value receives First Amendment protection – and certainly not full First
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October 21, 2013 in
In anonymous commentary on JD Underground, the subject being a lively discussion with a lawyer who publicly gave a wrong answer—I thought harmfully wrong—to an ethics question, "patentesq" ((1,238 posts on JD Underground since May 9, 2012)) wrote: I can't imagine a group of medical doctors acting this way… law is a sickening profession in so many ways. I confess that I don't know who JD Underground's
Posted on
October 20, 2013 in
Momma calls cops for help with mentally ill son. Cops come, Officer Cardan Spencer shoots the son, who's standing with his hands at his sides. Son is charged with aggravated assault on the cops, which is what happens when the cops try to kill you and fail. Until the video turns up…
Posted on
October 17, 2013 in
Those who think we need a statute criminalizing nonconsensual porn need look no further. Texas's improper-photography statute says: A person commits an offense if the person…by…electronic means…transmits a visual image of another at a location that is not a bathroom or private dressing room…without the other person's consent; and…with intent to arouse or gratify the sexual desire of any person; In a deposition in August Hunter Thomas
Posted on
October 17, 2013 in
I’ve discussed Mary Anne Franks’s proposed state statute criminalizing revenge porn and New Jersey’s statute criminalizing revenge porn, and concluded that under current Supreme Court caselaw appellate courts will be constrained, in the face of a serious First Amendment challenge, to invalidate both as unconstitutional restrictions on free speech. What about California’s statute, which was more recently signed into law? According to that statute, misdemeanor disorderly conduct