Marc J. Randazza's blog

Hey Douchebag! Your Chicks' Case is Outta Here!

Yvette Gorzelany, Joanna Obiedzinski, and Paulina Pakos are the latest plaintiffs to seek a big payday from Simon & Schuster over the book Hot Chicks with Douchebags.

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Kentucky Court of Appeals Rules in Gambling Domains Case

The Kentucky Court of appeals has ruled that the Commonwealth can not seize 141 domain names due to their alleged affiliation with online gambling. The Commonwealth initially filed an in rem (against the item, not against a person) action against the domain names -- seeking to seize the domains as "gambling devices." However, the statute does not seem to fit around domain names. The statute was designed to permit the seizure of slot machines and the like.

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You Aren't as Free as You Think - Your Private Emails Can Land You in Jail

In the latest case involving the absurd and unconstitutional obscenity statutes, the Fourth Circuit has upheld a conviction of a man for mere private possession of allegedly obscene material. See United States v. Whorley, __F.3d__ (4th Cir. 2008). While the facts may not fit any conduct in which you might engage, the logic could very well ensnare you one day.

Read on. You should be outraged.

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Cybersquatter Makes Good

The Bush library team seems as incompetent as . . . well, as incompetent as you would imagine anyone involved with such a project would be. They procured the domain name www.GeorgeWBushLibrary.com, then they forgot to renew the registration. It got picked up by a cybersquatter, Illuminati Karate.

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Patriot Act’s National Security Letter Gag Provisions Choke on First Amendment Grounds

The Second Circuit Court of Appeals struck down one of the most constitutionally repugnant provisions of the PATRIOT Act -- the portions of the Act that place recipients of so-called "national security letters" (NSLs) under a permanent, unreviewed, lifetime gag order. See Doe v. Mukasey, __ F.3d __ (2d. Cir. 2008).

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N.H. Supreme Court Rules that Porn is not Prostitution

The Supreme Court in the state where "Live Free or Die" adorns the license plates has answered the question "why can't producers of adult films be charged with prostitution?" The short answer -- because it would violate the First Amendment (or at least the New Hampshire Constitution's equivalent thereof). See New Hampshire v. Theriault, No. 2007-601 (N.H. Sup. Ct. Dec. 4, 2008). 

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Douchetastic Defamation Suit Filed

Michael Minelli, a 27-year old "club promoter," is spewing vinegar at Simon and Schuster, publisher of the book Hot Chicks with Douchebags. Apparently, Mr. Minelli finds the description "douchebag" to be inaccurate, and to say the least, neither sweet nor fresh.

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Nude Bike Riding Protected by the First Amendment

Michael "Bobby" Hammond, 21, inspired by his recent participation in the annual World Naked Bike Ride -- an event that protests against car culture, decided to take his vintage 10-speed bicycle for a spin through the streets of Portland, Oregon while wearing nothing but a bicycle helmet.

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Rapp v. Jews for Jesus, Rehnquist in Brennan's Robes

In Jews for Jesus v. Rapp, No. SC06-2491, 2008 WL 4659374 (Fla. Oct. 23, 2008), the Florida Supreme Court appears to do the First Amendment a great service by declining to recognize the false light invasion of privacy tort. However, this is a case of the ghost of William Rehnquist haunting Florida after stealing William Brennan's robes.

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Hustler Spread of Murder Victim: Arguably Tasteless, but Certainly First Amendment Protected

In June 2007, professional wrestling promotrix, Nancy Benoit and her son, Daniel, were the victims of a double murder-suicide committed by her husband, WWE wrestler, Chris Benoit.

Approximately 20 years earlier, Ms. Benoit (then Nancy Daus) posed nude for photographer Mark Samansky. Benoit/Daus allegedly had a change of heart and requested that the materials be destroyed. Nevertheless, Samansky kept the video and made stills from it.

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