Category: Free Speech

United States Olympic Committee Threatens To Sue The Redneck Olympics

The United Stats Olympic Committee has issued a formal letter stating its intent to sue the “Redneck Olympics” over the use of the word “Olympic.” The Committee insists that it owns the word Olympic — despite the fact that it refers to an ancient sporting event from Greece that preceded both the United States and copyright/trademark laws. (It turns out that this early depiction of the Greek Olympics had been long misinterpreted as a race. It is actually early Greek lawyers serving an organizer with a complaint over the use of the word Olympic in 776 BC).

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Iran Calls For Investigation of England’s Treatment of Protesters and Calls For Dialogue With Rioters

Honestly, what would we do on this blog without those hilarious guys in Iran. In their latest standup routine, the Iranian Foreign Ministry Spokesman Ramin Mehmanparast issued a statement to the British government to show greater restraint in dealing with protesters in London and other cities. That’s right, the government that has killed, beaten, and raped protesters is publicly calling out England on its efforts to stop the rioting and looting in London.
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Police Seek To Prosecute Persecute Unknown Cartoonist

Submitted by Gene Howington, Guest Blogger

Police in Renton, Washington are seeking an unknown cartoonist for cyberstalking.  To that end, officials have obtained a search warrant from a local judge to discover the identity of the anonymous cartoonist.  The alleged crime this cartoonist committed?  Posting cartoons online parodying the Renton Police Department and referring to real life internal affairs incidents at the Renton PD in the dialog.  It is important to note that neither is the Renton Police Department named nor are the real names of any people attached to the Renton Police Department are used in the cartoons linked posted by KIRO TV.   The videos are not in a format that can be embedded in WordPress, but the Jail Parody and the Locker Room Parody can both be seen at KIRO TV’s website.

Parody is protected free speech in many cases, but the case law is unclear in providing bright line definitions of what does and what doesn’t qualify as parody.  This often leads to detailed case by case examination of claims.  When the parody involves copyrighted materials, there are guidelines and tests to apply in determining if the parody is legitimate.  Generally speaking, there are two lines of defense involving parody: the free speech defense based in Constitutional law and the fair use defense based in copyright law.  As these parodies do not involve copyrighted materials, the fair use defense is not relevant here.  The free speech defense is another matter.  As a matter of Constitutional law, parody is protected free speech.  Is the Renton Police Department attempting to use a criminal statute to persecute a critic engaging in critical parody and repress the cartoonist’s 1st Amendment Free Speech rights?  Some think that’s exactly what they are doing.

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Intolerance and Loathing in Anoka

Submitted by Gene Howington, Guest Blogger

UPDATED:  It is the position of the American Psychological Association that homosexuality is not a choice or a mental illness, but rather a normal variant of sexual orientation for a certain percentage of society. They came to this stand based upon scientific research that showed no connection between homosexuality and psychopathology. In addition to considering homosexuality a normally occurring human behavior, the APA does not support therapies to change sexual orientation and points out that there is no reliable science to suggest such therapies are effective. The APA also issued a resolution opposing discriminatory legislation and initiatives aimed at LGBT people.

In addition, geneticists have also found a link between genes and sexual orientation.  While the ongoing studies have not been definitive is establishing genetics as the sole determining factor in human sexual orientation, they do indicate that both genes and environmental factors do play a role in determining sexual orientation.  This comports with the research upon which the APA used to set their policies.

The stance of the country’s most recognized psychological professional association and the psychological, sociological and genetic research goes right to the heart of what’s going on in Anoka, Minnesota.  Suicide, like sexual orientation, has environmental components influencing the behavior.   Research has shown that ambient temperature and duration of sunlight are the dominant environmental influences on suicide, but that social cohesion, socioeconomic status, and social support are also important influences.  The situation in Anoka involves students, teachers, school policies, religiously based politics and the suicides and attempted suicides of teenagers.  It is not a pretty story.

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Tea Party and the Myth of a Grassroots Movement

Submitted by: Mike Spindell, guest blogger

 The 2010 elections which gave the Republican Party the majority in the House of Representatives was seen as the elevation of a “Grassroots Movement”, composed of the spontaneously combusted wrath of ordinary citizens fed up with a bloated government. It was indeed a seminal moment for those people who disdained taxation, government handouts in entitlements, and the seeming waste of our tax dollars. The initial angry explosion was a reaction to the proposal and passage of the Health Care Bill. Rallies were organized, town hall meetings disrupted and a “hit list” of both Republican and Democratic members of  Congress circulated. 

The initial mainstream media reaction to this nascent movement was one of disdain, particularly because it was seen as an “out of the Beltway movement”, thus not to be taken seriously. However, this changed in a large part led by FOX News and copied by its “wannabe” CNN. Led by these Cable outlets, thirsting for sensation to fill their 24/7 news maws, all media began to follow suit, not wanting to be left behind. I find it interesting though that as late as April 22, 2010, Politico, hardly a left wing outlet, noted that unwarranted attention and media frenzy had begun, elevating the status of this purported movement: http://www.politico.com/news/stories/0410/36185.html  It is ironic that this article, while laying out the irrational amount of attention given to the Tea Party, at its end discounts the effect the movement would have on the election. Its authors certainly were not prescient.

Lost in the tumult of media exaggeration and sensationalism was the fact that this was not at all a grass roots movement of average Americans, but a crafty example of political manipulation laid out in tandem with the compliance of Rupert Murdoch’s news network’s assault upon all things they deem liberal. The prime mover in this is Richard “Dick” Armey, a former Texas Republican Congressman, House Majority Leader, and major senior lobbyist at a worldwide lobbying firm. Armey created the mythology of a grass roots movement, guided its progress, arranged, and then paid for its “spontaneous” events.

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First, We Kill Silence All The Lawyers

Submitted by Gene Howington, Guest Blogger

The July 24th catastrophic crash of a high speed train in Wenzhou, eastern China, made world wide headlines. The dead and injured totals as of today, July 30th, stand at 40 dead and 192 injured although earlier reports indicated as many as 210 injured including 2 foreigners. The cause of the accident is still under investigation, but the preliminary facts indicate that train D301 in service from Beijing South Station to Fuzhou (in Fujian province) and train D3115 in service from Hangzhou to Fuzhou, were derailed when D301 struck the stationary D3115 at around 8:30pm local time. Although both trains are limited to traveling at a maximum of 250km/h (~155 mph), it is uncertain how fast D301 was moving at the time of the accident.

This is more than just a human tragedy for China, but possibly an economic tragedy as well. With China looking to compete globally to sell high speed rail systems that are going to become increasingly important to countries around the world as fuel prices rise, their systems have been plagued by unstable performance and this crash caused the stock of state owned CSR Corporation to plummet 14 points on the Hong Kong Stock Exchange. Although CSR is technically the world’s largest manufacturer of high speed rail equipment, it faces stiff competition from German and Japanese manufacturers who have more mature and refined products. While none of this is unfamiliar to anyone who has followed businesses in the wake of a disaster in the West, what is unusual is what happened next.

Lawyers were told not to take plaintiff’s cases related to the rail accident.

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Teacher Who Was Suspended for Writing Critical Comments about Students on Her Blog to Be Reinstated

Submitted by Elaine Magliaro, Guest Blogger

Back in February, Professor Turley wrote a blog post titled Teacher Suspended for Writing Critical Comments on Her Personal Blog. Many people who commented on the post sided with Natalie Munroe, the teacher who had been suspended. I did not. I thought the school administration did the right thing after I read some of the critical comments Munroe made about her students and comments she said she’d like to be able to note on her students’ report cards.

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Fundamentalist Religion and TV Documentaries, A Problem?

Submitted by: Mike Spindell, guest blogger

There is a trend today on television that is disturbing and I think harmful to our Country, yet we are powerless to halt its’ progress. This occurred to me as I watched an edition of ABC’s Primetime-Nightline entitled “Battle With the Devil”, which was advertised as a show that “investigates the belief in satanic will or possession by a demon”. I’d DVR’ed it because from the description, it was supposed to present various people who purport to have had demonic possession and or experiences of Satan. It also promised to include exorcists, psychologists and various other experts. The beliefs and actions of people always interest me. The more bizarre the belief system the more interesting I find the person. I’m fascinated by human extremes and as a therapist I’m always trying to puzzle out what makes someone tick. When the show ended though, I found myself angry at it and feeling somehow abused emotionally. That feeling began my train of thought that led to this post.

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Privacy Without Politics: Why The Sister Wives Lawsuit Is About Privacy Not Polygamy

Here is my column this morning in the New York Times. As is the case (even on my own paper, USA Today), the writer does not select the titles. In this case, “One Big, Happy Polygamous Family” seems a bit mocking. Thus, I have added my own title.
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Method Of Modern Love: Twitter-Style

Submitted by Mark Esposito, Guest Blogger

The Happy Couple: Farthing For Your Thoughts Mrs. Puddick?

London plumber, Ian Puddick, was aghast after reading a text message on his wife’s cell phone. It seems  Leena, was having an affair with Tim Haynes, an insurance broker at one of London’s hoary financial houses and a City Director. The affair began at a company Christmas Party (don’t they all) and continued for ten years.   Rather than an immediate face-to-face confrontation with all the messiness that involves, Puddick set up several websites and then began to Twitter the racy cyber-dialog between the illicit lovers. One read, “Where do you want to have sex next? The office, al fresco, the flat or all three you greedy girl?”  He supplemented the shorthand with videos and a blog– all dedicated to the affair.

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Turley Demands Retraction and Apology From Conservative Attorney and Radio Host Debbie Schlussel

Two of my clients in the pilots litigation flagged an article by conservative Republican activist and attorney Debbie Schlussel reporting that I am funded by the Bin Laden family and using the Brown family as a front for an Islamic radical agenda. Ms. Schlussel previously attracted national attention by writing in the aftermath of Bin Laden’s death “1 down, 1.8 billion more to go.” She was also denounced for her statement that CBS reporter Lara Logan deserved to be raped while covering the protests in Egypt — a statement rightfully criticized by David Drumm (which she attributes to me). The article by Ms. Schlussel is clearly defamatory and neither she nor her attorney has responded to inquiries over the last couple days.
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Be Careful What You Wish For…

 

Submitted By: Mike Spindell, Guest Blogger

When my NY Times headline feed came in today the headline and then to this article stood out:

 Egypt Military Aims to Cement Muscular Role in Government

 http://www.nytimes.com/2011/07/17/world/middleeast/17egypt.html?_r=1&nl=todaysheadlines&emc=tha2

Reading it, I thought of the euphoria that we felt when Hosni Mubarak left, overthrown by the bravery of the Egyptian people as they had fought and protested for a more democratic way of life. How stirring the unfolding story was of Muslim Peoples beginning to rise up and overthrow the tyranny they under which they lived. The tipping point in Mubarak’s ouster was the support of the powerful Egyptian Military, who promised a civilian authored constitution and democratic reforms. Knowing Egyptian history for the last 60 years or so did little to damp my enthusiasm, despite the fact that every regime change came about by military coup/intervention. Afterwards, like many of us Egypt passed out of my thoughts as other issues came to the fore. Then this story drew me back to the experiences of my life and the stream of disappointments that followed every seemingly triumphant political moment I’ve lived through. Continue reading “Be Careful What You Wish For…”

Brown Family Challenges Utah’s Polygamy Law

Today, we filed the complaint below in the challenge to Utah’s criminal polygamy law. I am still in Salt Lake City for the filing. With me today is our local counsel Adam Alba, an outstanding young attorney and one of my former students. As noted earlier, the lawsuit is on behalf of my clients, the Brown family. The Browns are featured in the TLC program Sister Wives as an openly polygamous family.
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Brown Family To File Challenge To The Criminalization of Polygamy In Utah

As reported by The New York Times and National Public Radio, I will be traveling to Salt Lake City today to file (on Wednesday) a challenge to the Utah statute criminalizing bigamy and cohabitation. The lawsuit will be filed on behalf of my clients, the Brown family. The Browns are featured in the TLC program Sister Wives as an openly polygamous family.
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