True Threats v. Protected Speech, Post-Election Edition
So. Thank goodness everyone seems to be going about this really calmly. Dateline: Rutgers. Kevin Allred, a professor of Beyoncé Studies, is not taking recent news philosophically. In the course of a rant he offers these: Days later, the NYPD shows up at his home and hauls him off to Bellvue for a psychiatric evaluation. Analysis of when law enforcement can detain you and forcibly commit you for psychiatric evaluation is complicated and beyond the scope of this post. Let's look … [Read More...]
Lawsplainer: About Trump "Opening Up" Libel Laws
Donald Trump famously said he'd like to "open up" libel laws. How much should that concern you? From my perspective — as a First Amendment advocate and an opponent of Trump — it should concern you as an attitude about speech, but not much as a policy agenda. Let's start with what he said. "One […]
Gracias por estar aquí
Lets start with what this is not. I am neither predicting doom from a Trump presidency, nor am I telling you that you have nothing to worry about. That isn't the point. The point is not the relative merits of what happened on November 8. The point is that if you want to fix it, […]
Delray Beach Passes Really Stupid Tattoo Studio Ordinance
The City of Delray Beach, Florida decided that it didn’t like “that kind of thing.” So, they took a page out of the moral-crusader textbook — formerly only used to ban adult bookstores and strip clubs — and informed tattoo artists that they are just not welcome in their Quiet Little Beach Community. Ordinance No. […]
Popehat Signal: Dutch Blogger Sued In Florida For Criticism of Junk Science
It's time for the Popehat Signal, in which I request help for people whose speech is threatened by bogus and censorious lawsuits. Pepijn van Erp blogs about science and pseudoscience from the Netherlands. He praises good science and skewers and critiques the bad. Wait a minute. Is that the Jaws theme playing? Yes. Yes it […]
No, the Middle Finger is not "Obscene"
The finger is not obscene. Every so often, a case pops up where some prosecutor decides to press charges on someone for giving the bird. The most recent one, overturned on appeal, was in Commonwealth v. Waugaman. Mr. Waugaman flipped off his ex wife after dropping off his kids to her. From the facts, it […]
Getting Back To Work The Day After
So: Donald Trump, President-elect of the United States. I said before that I think he's the worst Presidential candidate in my lifetime, a genuinely awful human being, and an existential threat to America. I'm not going to retcon that in a futile gesture towards cheering anyone up. Nor will I try to cheer you up, […]
POPEHAT 2016 POST-ELECTION GUIDE
If you voted for Hill-dog Biscuits and Gravy: Why the fuck did you drink so god damn much last night? Oh right. When I get totally hammered, I need some god damn grease. Something stuffed with fat and salt to really sop up the toxic cauldron of regret fumes that's stewing in the guts. And nothing is […]
POPEHAT 2016 ELECTION DAY GUIDE
Well, here we go. It's finally time. After a long, painful wait, it's finally here. There's been a lot of misfires, and one really really big disappointment. And many times it felt like we were just rehashing the old stuff again and again. But at long last… The Battlefield series are one of my all […]
Private Porn Shoots! Brilliant? No.
I often get asked the question, "why isn't porn prostitution?" That led to a post a while back, Why is Prostitution Illegal, but Pornography is Not? And, perennially, a reporter will call me up and want a class on it. See, e.g., What's the Difference Between Porn and Prostitution? Being asked this so many times, […]
Yes, Vote Swapping, Vote Pairing, Trump Trading is Legal
There are a bunch of websites out there offering "vote swapping" or "vote pairing" or "Trump trading" or "vote pact" whatever you want to call it. The Reddit-lawyers are certain that this is "illegal." It is not illegal. The idea started in 2000, when swing state voters who wanted to vote Green decided to hook […]
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