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Todd Kincannon Has Been Silenced, Or Something

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Last July I described how internet-famous troll Todd Kincannon had filed a federal lawsuit against South Carolina state bar officials, claiming that they were infringing upon his First Amendment rights by threatening him with attorney discipline based on his speech. There have been developments! Sort of.

Kincannon doggedly employs his modest talents to achieve notoriety, like the kid in Rudy if his goal had been to be an third-string insult comic instead of a Notre Dame football player. His litigation strategy has been less persistent. As I argued before, though Kincannon is a lawyer, his initial complaint looked less like a professional federal pleading and more like a LiveJournal post or possibly some sort of law-themed emoticon. Kincannon claimed, both in public and in unsolicited correspondence to me, that he had thrown the complaint together at the last minute to beat the statute of limitations, and would file an amended "more conventional pleading."

That was July 2014, six months ago.

It's not uncommon to file a complaint to beat the opposition to the courthouse, and then amend it to correct any errors or omissions. Most plaintiffs will amend quickly, before the other side files a response, so they don't need the court's permission. Kincannon did not, despite saying that he would. Months passed. Eventually the federal court, of its own accord, issued an order to show cause. The Court pointed out that (1) the summons it had issued had expired after 120 days when Kincannon didn't serve them on the defendants, and (2) the rules require the plaintiff to, as the Federal Rules of Civil Procedure put it, pull his thumb out of his ass.

Ignoring an order to show cause from a federal court is an atypical strategy, but Kincannon does not see himself as someone bound by convention. He didn't respond to the OSC. So a couple of days ago the Magistrate Judge recommended that the court dismiss Kincannon's suit for failure to prosecute. The assigned District Judge will likely follow that recommendation. The dismissal will be without prejudice, meaning that Kincannon could conceivably refile it. I, for one, would not want to return to a federal judge with a complaint previously dismissed for failure to prosecute. I would not expect good fortune.

It is possible, I suppose, that Kincannon has reached some sort of settlement with the defendants. I've never seen defendants accept a settlement that contemplated letting a case die like a pet rat forgotten in the garage, but it's possible. It's also possible that this is part of some shrewd legal strategy on Kincannon's part. Perhaps he has them now exactly where he wants them.

But I feel bound to repeat the question that skeptics asked from the start: was this all some sort of publicity stunt by Kincannon? Was his purpose to excuse his failure to deliver a book — called Racking-Fracking-Argle-Bargle-Libruls or something — though people had prepaid for it? Did he want to generate buzz around his book? Did he want to fund-raise? Did he just want attention? Given the history of state bars meddling in censorship, I was prepared to accept the proposition that there might be some substance to Kincannon's suit. But now — well. Perhaps other more sympathetic followers of the story will offer a plausible explanation. Or maybe Kincannon will explain.

It would be regrettable if Kincannon, through a crass and clumsy tactic, has diminished the credibility of the fight against bar association censorship.

A Few Questions For The New York Times About Depictions of Muhammad

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In the wake of the Charlie Hebdo massacre in Paris, some media outlets have published pictures of the cartoons that were terrorists' purported justification for slaughter. Some have not. Some have steered a bizarre middle course and shown people holding blurred cartoons.

The New York Times has elected not to publish the cartoons depicting Muhammad. The Times' public editor explained the decision as follows:

Mr. Baquet told me that he started out the day Wednesday convinced that The Times should publish the images, both because of their newsworthiness and out of a sense of solidarity with the slain journalists and the right of free expression.

He said he had spent “about half of my day” on the question, seeking out the views of senior editors and reaching out to reporters and editors in some of The Times’s international bureaus. They told him they would not feel endangered if The Times reproduced the images, he told me, but he remained concerned about staff safety.

“I sought out a lot of views, and I changed my mind twice,” he said. “It had to be my decision alone.”

Ultimately, he decided against it, he said, because he had to consider foremost the sensibilities of Times readers, especially its Muslim readers. To many of them, he said, depictions of the prophet Muhammad are sacrilegious; those that are meant to mock even more so. “We have a standard that is long held and that serves us well: that there is a line between gratuitous insult and satire. Most of these are gratuitous insult.”

“At what point does news value override our standards?” Mr. Baquet asked. “You would have to show the most incendiary images” from the newspaper; and that was something he deemed unacceptable.

I have questions for the Times in light of this policy.

1. Does the Times maintain a list of gratuitously offensive types of expression, and act based on that list, or does it address items on a case-by-case basis? If there is a list, is it public?

2. How big does a group have to be for the Times to accept its assertion that particular expression is offensive?

3. What percentage of a group must view expression as offensive for you to refrain from that expression? In other words, what portion of Muslims must find depictions of Muhammad to be gratuitously offensive for you to refrain from that expression?

4. Do you consider the degree of offense within a particular group? How do you measure that degree?

5. If there is dissent within a social or religious community about whether something is gratuitously offensive, how do you decide which faction to listen to?

6. Do you consider whether claims to offense may be politically motivated? For instance, if some American group (say, religious conservatives) asserted loudly that use of terms like "Happy Holidays" was gratuitously offensive, would you accept that, or would you ignore it on the basis that it was part of a "culture war?" If Americans claimed that the Flying Spaghetti Monster is gratuitously offensive because it is calculated to mock religion, how would you evaluate that claim?

7. Do you consider the recency of claims of gratuitous offense? If the claims arise relatively recently — when in the past the conduct was tolerated or did not occasion great statements of offense?

8. Does it make any difference to your decision that a particular group will react to what it sees as "gratuitous offense" with violence? Follow-up: if you do consider that, do you evaluate whether responding to threatened violence by not publishing something may encourage more threatened violence?

9. Has the New York Times ever decided not to run a religious image other than Muhammad on the theory that it would be sacrilegious or gratuitously offensive? Which one?

10. The Times has previously run anti-Semitic cartoons when they are in the news, "Piss Christ," pictures of a painting of the Virgin Mary smeared with dung, and pictures of Westboro Baptist protesters in vivid anti-gay shirts. Is it the Times' position that those decisions can be reconciled with this one, or is this a change in policy? If it is a change in policy, is it intended as an institutional one, or one that just remains during the tenure of a particular editor?

11. Please consider the cover of the new post-massacre Charlie Hebdo:

hebdo

Is this picture, leaving offense aside, newsworthy? If so, will you weigh that newsworthiness against the offense you believe it will give, or apply a categorical ban? Do you believe that words can adequately convey the literal, figurative, and emotive impact? If someone asserts that the picture is offensive not just as a depiction, but as a caricature, can your readers evaluate that claim without looking at the picture?

12. Are there particular staffers at the Times who specialize in evaluating and advising about degrees of offense? How are they trained?

13. Do you have a plan for what to do if a group expands its assertions about what is offensive? For instance, suppose that some Muslims begin to assert — vociferously — that depictions of all those it counts as prophets (including Jesus) are offensive and must be avoided, how would you evaluate that claim?

14. There are, as you know, different groups within Islam. What if a reform group began encouraging depictions of Muhammad as a signifier of reform, asserting that the contrary interpretation is false, and that those who attack depictions are wrong about Islam? How would you decide which faction to avoid offending?

15. Let's say some blogger starts a trend of using this emoticon: @[–<. It is widely understood that the emoticon is meant by its users to depict Muhammad, in an effort to illustrate that bans on depictions are unprincipled and can easily be made ridiculous. Would you run the emoticon? Or would you just describe it? How would you decide?

16. Imagine that a segment of Muslims begins to assert that it is sacrilegious to print Muhammad's name without a ṣalawāt like "pbuh." Are there conditions that would arise that would lead you to do so? What are those conditions? Are violence, or threats of violence, one of them?

I'm just asking questions.

Charlie Hebdo – Open Thread

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On behalf of Ken and myself, sorry. It would be difficult to write about this infuriating, monstrous crime without saying something one or the other of us would later regret. Perhaps later. Please feel free to discuss this atrocity among yourselves.

In the meantime, some cartoons, for your reading pleasure:

Charlie-Hebdo-Charia-en-Libye

 

CharliehebdoCharlie2Charlie

 

Charlie4

 

And finally, a reminder that France prosecutes people, indeed "national symbols," for speech far milder than what Charlie Hebdo had to say.

The goddess of free speech.

The goddess of free speech.

Vive La France, but change your laws. Never surrender.

Bibimbap Sunday

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Every now and then I make bibimbap with the kids on Sunday afternoon. It's labor-intensive, but a good family activity. At this point I can con my kids into doing most of the hard work.

Bibimbap, often called Korean comfort food, is simple in concept: a bowl of rice with some meat and vegetables on top, which one vigorously mixes together into a satisfying mash. But as with American comfort staples like mac and cheese, the variations are endless. Even though it's time-consuming, it's simple, and most kids who can be trusted with sharp implements can make it.

Here's how I did it this time. Purists will find it Westernized. I prefer to think of it as fusion.

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Vote For Popehat's 2014 Censorious Asshat Of the Year!

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Having skipped a year, Popehat will now continue its tradition of polling you, gentle readers, to elect our Censorious Asshat of 2014.

Only people or entities that we've written about in 2014 are eligible. I've culled the many asshats down to a few, based on volume and vigor of censoriousness, ridiculousness, hubris, and an X factor that I know when I see. Noted censorious asshat Brett Kimberlin has ascended to our Censorious Asshat Hall of Fame and is no longer eligible. Don't be greedy, Brett.

Vote early and often! Here are the candidates:

Carl David Cedar, a Texas attorney who threatened blogger Scott Greenfield with violence and lawsuits when Scott criticized Carl for swiping someone else's blog content. In Aggravation: A rare example of threats that are longer than my analysis of them. In Mitigation: ultimately pathetic, like a college sports star gone to seed.

Crystal Cox, blogger and litigant, who won an important free speech victory even as she engaged in a deranged nationwide blitz of frivolous litigation against her critics. In Aggravation: Sued people, including yours truly, in 10 different federal courts for criticizing her. In Mitigation: batshit crazy.

Michiko Shiota Gingery, Koichi Mera, and GAHT-US Corporation, litigants against the City of Glendale, who filed a patently offensive and frivolous lawsuit on behalf of reactionary Japanese factions seeking to suppress a Comfort Women memorial in Glendale because history hurts their fee-fees. In Aggravation: revisionists and atrocity apologists. In Mitigation: none.

Professor Thane Rosenbaum, who tried to do for censorship what John Yoo did for torture: make a legal case for it. Rosenbaum put logic and First Amendment doctrine in stress positions in an effort to justify broad and unprincipled "hate speech" laws. In Aggravation: "Fire in a crowded theater." In Mitigation: As an academic, has had no exposure to adversarial testing of his awful legal theories.

Jim Ardis, Mayor of Peoria, who abused the power of the state to get search warrants to identify and raid someone who authored a clearly satirical Twitter account about him. In Aggravation: Lack of remorse, open use of lap-dog cops and judges. In Mitigation: Streisanded into the stone age.

Bergen Community College, which forced a professor on leave and required him to visit a psychiatrist because he posted a picture of his young daughter in a Game of Thrones t-shirt. In Aggravation: Went straight for the "OMG Virginia Tech think of the children!" excuse. In Mitigation: As modern college administrators, deprived of role models displaying common sense, proportion, or shame.

Dale D. Berkley, Senior Attorney with the United States Department of Health and Human Services, who sent a threatening letter to a blogger over a patently satirical post on government letterhead. In Aggravation: Your tax dollars paid for that. In Mitigation: what else is he going to do all day?

"Crisis Manager" Xavier Hermosillo, who was hired to help repair the reputation of the California town of Murrieta after its residents screamed at buses full of kids, and shrewdly elected to threaten a cartoonist with . . . we're still not sure exactly what. In Aggravation: YOU HAD ONE JOB. In Mitigation: To be fair, threatening cartoonists is a step back from screaming obscenities at kids on buses.

Miles Sisk, who sought to bring the mighty power of the University of Oregon government to bear against mean students who used memes to make fun of student senators. In Aggravation: Betokens doom of our civilization. In Mitigation: where's he gonna learn better?

Ares Rights, a shadowy firm that continues to abuse the DMCA in an effort to suppress reporting on and criticism of clients including the Ecuadorian government. In Aggravation: Persistent, utterly amoral. In Mitigation: managed to shut up Adam Steinbaugh for several minutes.

Roca Labs, which sells pink slime you eat to stop feeling so empty inside, and which is intent on one-upping Prenda Law by suing EVERYONE FOR ALL THE SPEECH. In Aggravation: Preposterously litigious and shamefully intolerant of criticism. In Mitigation: High potential for long-term entertainment and eventual cinematic flame-out.

Ken and Patrick of Popehat, who used Popehat's comments and Twitter feed as their own living room and ejected people who annoyed them when the mood struck. In Aggravation: Remorseless, rude, absent-minded, foul-mouthed, generally douchey. In Mitigation: Only idiots think that's censorship.

Voting closes at 5:00 Pacific Time on January 2, 2015.

This poll is closed!
Poll activity:
Start date 2014-12-29 12:40:09
End date 2015-01-04 11:22:00

Poll Results:

Who shall be Popehat's Censorious Asshat of 2014?

The Curious Case Of The T.V. Attorney And Twitter

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I'll confess that I don't watch much television news, but I have run across Greta Van Susteren through the years, principally when she served as an analyst during the O.J. Simpson trial. Since then, it would appear Ms. Van Susteren has parlayed her expertise into a nightly primetime show on the Fox News Channel.

Where she pontificates on matters outside her expertise.

For instance, Ms. Van Susteren, who may be highly qualified to discuss the criminal law, also feels qualified to discuss computer surveillance, security, and international intelligence. But on these matters she has no more business giving opinions than do I. Less, in fact. I know this, because I am one of her sources of news.

Screenshots follow, to punish the guilty.

Greta

Greta2

Now, it may well be that Ms. Van Susteren has been to North Korea three times, and she may well read a bit about the country, but if she is obtaining her news from "the North Korea state-owned news twitter feed," she is obtaining it from a dubious source indeed. The feed's actual author, me1, has never been to the Korean peninsula at all, and cannot read a word of the language. "The North Korean state run media" is a parody, derived in tone more from Soviet Russian newspapers (which I could read) than from Korean propaganda.

How could this have happened? Probably confirmation bias: the Tweet was too good to check. If Ms. Van Susteren had scrolled further down the feed, she'd have found such gems of news as:

or the latest celebrity gossip from Pyongyang:

We're told, by the media, that we should trust their authority, that they have "layers of editors and fact-checkers" at their service. But sometimes they're no better than bloggers, particularly when they venture outside their areas of expertise, or they fail to consult actual experts.

This is not a slam against Ms. Van Susteren or Fox News in particular. The "North Korea state-owned news twitter feed" has taken in many journalists through the years, at publications and websites more and less prestigious, on the right and left sides of the ideological center. It is to say, rather, that we as consumers of what the news media purvey, should be careful about what we're buying.

Trust but verify. Caveat emptor.

UPDATE:

Despite multiple comments at her own site warning Ms. Van Susteren, THIS IS A PARODY, meaning, "Go back and look," Ms. Van Susteren (who has updated her post) merely concedes that "some say" the "North Korea state-owned news twitter feed" is a parody. I myself, and others, have tweeted her multiple times to tell her: "Yes it is."

Greta3

 

It's disappointing that, rather than conceding the obvious, Ms. Van Susteren went with the "some say" dodge. I've fallen victim to benevolent pranks and hoaxes myself: the best course is to offer congratulations: "You got me," laugh, and admit it. So I've offered Ms. Van Susteren time-stamped proof:

I'm sure Ms. Van Susteren gets many replies on Twitter, so perhaps she hasn't read of this. But she has been active on the service, since the world learned the truth about Joe Biden.

It is a sweet puppy. Again, this isn't ideological criticism of Ms. Van Susteren, or of Fox, but an example of confirmation bias. When I want to get ideological, I do it with Juche. SECOND UPDATE: drudge-siren Greta4   If Ms. Van Susteren replies or addresses this, we will update.

THIRD UPDATE:

drudge-siren

Remember when I said this gentle bit of media criticism was non-ideological?

Slate, hardly a bastion of right-wing thought, has just fallen for the same bait (here's a cache). According to Slate, North Korea is enjoying a massive breakthrough in internet technology.

Again, a screenshot to punish the guilty:

Slate3To its credit, Slate has left the story (mostly) intact, and published a correction. A most grudging correction, which hardly acknowledges that author Lily Hay Newman was hacked by … her own gullibility, and again, confirmation bias.

Slate

It isn't a "misstatement," Ms. Newman. It's a failure to read. Again, if you'd only scrolled down the feed a bit, you'd have discovered this recap of the 2014 World Cup:

Or this important news about Ebola in the United States:

Caveat lector.

FOURTH UPDATE: MUST CREDIT POPEHAT AND DPRK_NEWS!

drudge-siren

drudge-siren

Sweet Jesus! The Washington Post!

WAPO1

 

WAPO

 

Layers of editors and fact-checkers.

FIFTH UPDATE!

Newsweek, which isn't saying much, these days, but I'll take it.

Newsweek1

 

SIXTH UPDATE:

Another hour, another scalp claimed from people who should know better.

And finally… Welcome Instapundit readers! Many thanks to Professor Reynolds for the link to this post, which as acknowledged above, demonstrates something he's been saying about news consumption for years: Caveat emptor. SEVENTH UPDATE, AND AN EIGHTH THERE SHALL NOT BE! drudge-siren Newsweek can take a joke. They asked for an interview, and we gave it. And: Mediaite, a site devoted to analysis of the U.S. running dog lackey media, also asked for comment. We complied. EIGHTH UPDATE, FIFTEEN DAYS LATER. The most trusted name in news. "Braggartly." CNN8 CNN has memory-holed that part of the story, but we keep screenshots. Archive here. 

NINTH UPDATE: BRITISH TABLOID EDITION, EIGHTEEN DAYS LATER

The spit-licking hyenas of Britain's Daily Mail may embrace the DPRK, but that will not save them.

DailyMail1

DailyMail2

DailyMail

The Statement Of South Pittsburg Commissioner Jeff Powers

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Fellow public servants!

From the reports and the debates on these reports heard at the last city council meeting, it is evident that we are dealing with the following main facts.

First, the wrecking and diversionist-espionage work of disgruntled city employees, among whom a rather active role was played by the police, affected more or less all, or nearly all, of our organizations – economic, administrative, and sewage treatment.

Second, sabotage and espionage are being carried out at the social media level, including Facebook and Twitter.

Jeff Powers of South Pittsburg Tennessee exhorts city workers to crush internet sabotage and wrecking

Jeff Powers of South Pittsburg Tennessee exhorts city workers to crush internet sabotage and wrecking

Third, some of our city employees, both at the center and at the periphery, not only failed to discern the face of these wreckers, spies, and killers, but proved to be so careless, complacent,and naive that at times they themselves assisted in sabotage by failing to discipline or terminate the wreckers.

These are the three incontrovertible facts which naturally emerge from the reports and the discussions on them.

WHAT HAVE WE LEARNED, FELLOW CITIZENS?


How are we to explain the fact that our city employees, having a rich experience in the struggle against all sorts of jay-walking, littering, and sewage leaks, proved in the present case to be so naive and blind that they were unable to discern the real face of the enemies of South Pittsburg, that they failed to recognize the wolves in sheep's clothing and were unable to tear away their masks? What negligence, friends! And how shall it be punished?

Can it be claimed that the wrecking and sabotage of the agents of disgruntled city employees operating in the territory of South Pittsburg can be anything unexpected and unprecedented for us? No, it is impossible to claim this. This is demonstrated by the wrecking acts in various branches of the road maintenance department during the past ten years, beginning under the previous mayor, as is recorded in the minutes of the July 2014 council meeting.

Can it be claimed that in this past period there were no precautionary signals or warnings about the wrecking, spying, or terrorist activities of the disgruntled agents of the water department? No, it is impossible to claim this. We had such signals, and the city council has no right to forget about them.

WHAT IS TO BE DONE? 

What are the facts which our city employees have forgotten about, or which they simply have not noticed?

They have forgotten that city employees at all times act as representatives of South Pittsburg, whether at work, at home, in church, or on the internet. They have forgotten that there is no right to privacy in South Pittsburg. We have an accepted habit of chattering about the cold coffee in the council meeting room, but people don't want to ponder about what this thing is – sabotage by Myrtle Huffines, the mayor's secretary, who has been told, again and again, that we want Folger's, not Maxwell House from the Piggly Wiggly. Sabotage is not a myth, it is a very real and ever-present threat. by wreckers who wait for the opportunity to attack South Pittsburg, to crush it, or to undermine its might and to weaken it within.

It is this main fact that our city employees have forgotten. And so we must bring down the fist of the united peoples and government of South Pittsburg upon these enemies, to remind them of their duty. Henceforth, fellow public servants, fellow citizens, the eye of South Pittsburg shall be upon you all. All of these traitors, and all enemies of the peoples of South Pittsburg must be reminded, that criticism of the city council and its departments is a termination offense. We will pursue these enemies to the death, as we did with the raccoon that was knocking over trash-cans on Woodleaf Road.

The mistake made by the dissenters on the council is that they fail to notice and do not understand this difference between the old and new South Pittsburg, the changes wrought by the traitors of Facebook and Twitter, and, not noticing this, they are unable to adapt themselves to fight with the new wreckers in a new way. I move that the revised policy on social media use by city employees be passed.

Do I have a second?

Broken Windows And Broken Lives

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The Broken Windows Theory led to an era of aggressive policing of petty offenses — which in turn led to increased confrontation between police and civilians.

The theory depends upon the proposition that tolerating bad conduct, however petty, sets social norms, and that bad conduct steadily escalates to meet those norms.

Second, at the community level, disorder and crime are usually inextricably linked, in a kind of developmental sequence. Social psychologists and police officers tend to agree that if a window in a building is broken and is left unrepaired, all the rest of the windows will soon be broken. This is as true in nice neighborhoods as in rundown ones. Window-breaking does not necessarily occur on a large scale because some areas are inhabited by determined window-breakers whereas others are populated by window-lovers; rather, one unrepaired broken window is a signal that no one cares, and so breaking more windows costs nothing.

Let's take this as true for a moment.

If tolerating broken windows leads to more broken windows and escalating crime, what impact does tolerating police misconduct have?

Under the Broken Windows Theory, what impact could it have but to signal to all police that scorn for rights, unjustified violence, and discrimination are acceptable norms? Under Broken Windows Theory, what could be the result but more scorn, more violence, and more discrimination?

Apparently we've decided that we won't tolerate broken windows any more. But we haven't found the fortitude to do something about broken people. To put it plainly: just as neighborhood thugs could once break windows with impunity, police officers can generally kill with impunity. They can shoot unarmed men and lie about it. They can roll up and execute a child with a toy as casually as one might in Grand Theft Auto. They can bumble around opening doors with their gun hand and kill bystanders, like a character in a dark farce, with little fear of serious consequences. They can choke you to death for getting a little mouthy about selling loose cigarettes. They can shoot you because they aren't clear on who the bad guy is, and they can shoot you because they're terrible shots, and they can shoot you because they saw something that might be a weapon in your hand — something that can be, frankly, any fucking thing at all, including nothing.

What are we doing about this? Are we pushing back against unwarranted uses of force and deprivations of rights, to prevent them from becoming self-perpetuating norms?

No. We're not pursuing the breakers of windows. If anything, we are permitting the system steadily to entrench their protected right to act that way. We give them second and third and fourth chances. We pretend that they have supernatural powers of crime detection even when science shows that's bullshit. We fight desperately to support their word even when they are proven liars. We sneer that "criminals have too many rights," then give the armed representatives of our government stunning levels of procedural protections when they abuse or even kill us.

Do we really believe in Broken Windows Theory? If we do, how can we be surprised at more casual law enforcement racism, more Americans dead at the hands of police, more matter-of-fact violations of our constitutional rights? We left the windows broken. We helped set the norm. They're just following it.

Is Rapper Brandon "Tiny Doo" Duncan Being Prosecuted For Rapping About Gangs?

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Two things are clear: Brandon Duncan raps under the name "Tiny Doo," and he's being prosecuted for participation in the Lincoln Park street gang in San Diego.

After that, things get a little cloudy. But it appears that the San Diego County District Attorney's Office is prosecuting Duncan on the theory that a gang's activity made his rap music more popular, and that he therefore benefitted from gang activity. That poses some First Amendment problems.

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The Speechfather

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It was late when Zach arrived back at the mall from the newspaper office. The entrance was blocked by a restraining order, partially shredded. Zach and Tom walked on, past the two Human Rights Commissioners the government had stationed to prevent further Hate Speech against the Corleone family, and the good name of Italian-Americans everywhere. The door was opened by another Human Rights Commissioner. wearing an outsized coat and vest over a big belly. Zach thought the Commissioner sure was fat, then banished that thought, as a form of body-shaming. As the over-sized Commissioner held the door, Zach reflected:

Body-shaming is ubiquitous and abhorrent; it happens everywhere, to pretty much everyone, at one time or another. It is especially levied against women, who are shamed for being skinny, for being tall, for being short, for having large breasts, for having small breasts, for having tattoos, for not having tattoos, for body hair, for dressing as they will, for being sexy, for being prudish, for being smart, for having interests outside STEM. Women are shamed at some point for being pretty much anything while also being female, including for being ugly (and failing to serve a purpose as a beauty object) and for being pretty (which must mean they are vapid or dumb). Zach shuddered that he had fallen into the trap of fat-shaming. The vest was no doubt padded with writs, for the protection of the Corleone family and others against harassment and hate speech, but even if it wasn't, the Human Rights Commissioner had a right to dignity, and to revel in his own body.

Inside, Sonny, Clemenza, and Tessio were waiting. Sonny came to Zach, and took the young student-columnist's head into his hands, saying kiddingly, "Beautiful, beautiful, that police captain sure knocked you up real good."

It was Tom who spoke first, over the stunned objections of Clemenza and Tessio: "Sonny, 'knocked up' is an outdated phrase used by anti-woman bigots and mansplainers to describe pregnancy. It implies, to right-thinking people, an element of physical violence, and if I may say so, using that term is a monstrous form of Hate Speech. It denigrates women, and it denigrates choice, the choice that each woman has to decide for herself whether to terminate an unwanted fetus."

"Sorry Tom," Sonny muttered. "It won't happen again." Zach and Tom walked into the room, and closed the door.

"Jesus Christ, Zach, the old man's barely talking," said Clemenza.

Tessio spoke up, "Pete, has it occurred to you that Zach might not be a Catholic, that Zach might not be a Christian, that Zach might be an Atheist, or a Muslim, or a Jew? When you invoke that name, you're excluding people of faiths outside Christianity (which I might add is responsible for 2,000 years of genocide and repression), and people of no faith. You're talking Hate Speech, and if weren't for the law of omerta, I'd turn you in right now."

Sonny added, "Sal, you're right, but I should add that referring to the Don as 'the Old Man' is ageist. It connotes senility, and at the same time grants him an authority he doesn't necessarily deserve. We can do better than this. It's a form of Hate Speech, and it should be against the law, if it isn't already."

All five men remained silent, for a few minutes, reflecting on their crimes.

Finally, Zach broke the silence. "What have we heard about the Turk?"

"JESUS CHRIST!" the other four interjected, then hung their heads in shame.

"Mister Sollozzo is holed up with that police captain," Tom said at last. "He's untouchable with that kind of protection. What you have to understand is that no one has ever attacked a New York police captain. All of the five families, and the Human Rights Commission, would turn against us."

"You get me a gun, and I'll kill him," said Zach. "And I won't do it out of any racial or religious animus. I'll do it out of respect for my father."

Sonny hugged Zach, violently, smiled, and said "Tom, this is speech, and this man's taking it very personal. It ain't like the war. You gotta get up on top of them until you see the whites of their eyes and then BADA-BING! All over your nice Ivy League suit!"

Clemenza sighed, "Sonny, I wish you hadn't said that. The Bada-Bing is a strip club in a racist melodrama that denigrates Italian-Americans as gangsters, sexists, and thugs. The media have promoted this stereotype through a plethora of mafia movies. It's fair to say that a disproportionate number of Italian-Americans have been portrayed as hoodlums by Hollywood. Though not to the same extent as people of color, marginalized European-Americans, such as Italian-Americans, Greek-Americans, Serb-Americans, and Ukrainian-Americans, are generally reduced by screenwriters to a caricature of what Anglo-Americans deem them to be. Tragically, this marginalization at the hands of White society leads these maligned peoples into prejudicial conduct against women and people of color, the true victims of Hate Speech. If we're ever to move forward, the sort of speech in which you just engaged needs to be outlawed."

"So there's no hope for us?" Zach asked.

"I guess not. We should turn ourselves in to the Human Rights Commissioners," Tessio agreed.

And so ended the Five Families War of 1946.

With Apologies To Baron Macaulay

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XXVII

Then out spake prim Horatius,
The Censor of the Gate:
"To every persyn upon this earth
Butthurt cometh soon or late.
And how can we do better
When facing fearful speech,
Than shut down all discussion,
And stop the crimethink's reach?

XXVIII

"As for the tender mother
Who knits a woolen toy,
Best send the cops to brace her
Although it gives her joy
,
It matters not what we think,
We privileged with some sense,
Call the cops if anyone
May somehow take offense.

XXIX

"Haul down the books, Oh Councils,
With all the speed ye may;
I, with the state to help me,
Will halt bad speech in play.
If the people won't obey us
And alter all their norms,
Then force of law we'll bring to bear,
and stop extremism in all its forms.

Roosh V's "Reaxxian" Website Kicks Off Exciting Era Of Gaming Ethics And Innovation

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[PR NEWSWIRE: IRC CHANNEL "CHATEAU ROISSY"] The worldwide computer gaming community reacted with excitement this week at news that gender relations expert Daryush Valizadeh has launched "Reaxxian," a bold new online platform for game journalism.

Valizadeh, best known by his scholarly pen name  "Roosh V.", built a global publishing empire with philosophical works including the best-selling "Bang Estonia: How To Sleep With Estonian Women In Estonia." He is both the financial backer and editor-in-chief of Reaxxian, which aims to combine the gender-equity social-ethical ontological-literary activism that made his name with his devotion to cutting-edge games such as "Starcraft," "Oregon Trail," and "SimPlaymate." "I see this project as a way to overcome inequities and barriers to traditionally excluded groups," said Roosh. "I want to create a safe space for heterosexual males who play video games."

Roosh V. says he's prepared to invest substantial amounts of his Bang earnings to achieve that goal. "I have hired some of the most cogent and disciplined minds of 8chan.co, and they're coding like mad," Roosh explained. "This is a team of the iron-willed. Blue-pillers need not apply." Planned innovations include a commenting system codenamed TOGTFO, which promotes comments supporting masculinity by bombarding Twitter and Facebook with their content, and sends messages of affirmation, acceptance, and brotherhood to their authors. TOGTFO identifies preferred comments through a complex algorithm that assesses spelling, grammar, capitalization, and frequency of use of common dialetical terms including "cunt" and "panties." TOGTFO's media uploading application will make it easy for female readers to comply with Reaxxian's commenting policy.

Reaxxian also promises to be an innovator in trigger warnings. "As part of our safe space policy, we'll have customizable pop-ups that warn readers of potentially upsetting game content, like flat-chested female avatars, implied universal suffrage, pepper spray, or creepshaming," said Roosh. "When you think about it, the entire concept of 'wandering monsters' in computer role playing games is a form of creepshaming."

Reaxxian emphasizes that this project is not intended to denigrate women, the traditional consumers of video game content, but to promote acceptance of men. In the words of Reaxxian team leader "DieFagsDie," "Isn't it time we had a safe gaming space of our own, without outdated and judgmental socio-gender concepts such as 'stalking?'"

But Reaxxian's lofty goals are not limited to merely reviewing games. "We're going to crowdfund male-positive and heterosexual-affirming games too," confirmed a Reaxxian administrator who goes by the handle "StoP3nis3nvy." At launch Reaxxian unveiled an early version of "Alphas of Gor," a massively multiplayer online role-playing game set in the universe created by noted philosopher John Norman. Reaxxian's readers have eagerly stepped in as game-testers, and Reaxxian forums are busy with constructive criticism of the game's intricacies like "OMG who nerfed negging" and "lolconsent spell cool-down is too long" and "fm merchant npcs standoffish."

Concept art from early build of "Alpha Males of Gor" by Reaxxian Game Studios.

Concept art from early build of "Alphas of Gor" by Reaexxian Game Studios.

Roosh promises that Reaxxian will feature regular strategy guides for its promoted games. "Theodore Beale — Vox Day himself — is working on a newbie guide to selecting the best race during character creation," an enthused Roosh revealed. "Alpha Males of Gor" is not the only game Reaxxian is promoting; there is also talk of Kickstarting a first-person-shooter to be titled "Divorce Court," a remake of "Custer's Revenge," and a children's game under the working title, "Strawberry Shortcake Gets What She Deserves."

The timing of Reaxxian's launch is no coincidence; it will draw traffic from the game-industry controversy referred to as "GamerGate." Roosh joins other prominent thinkers like Adam Baldwin, Milo Yiannoppouos, and Pat Robertson who have recognized GamerGate as an opportunity to explore the important social and political issues raised by modern gaming.

"We're just very excited that another powerful voice has joined our call for ethics in journalism," said ardent GamerGate supporter and Reaxxian fan Kajira Lisa, speaking with the permission of her master, Chad of the Free City of Bakersfield.

Ken White and Patrick Non-White contributed to this article.

A SLAPP False Alarm Out Of Chicago: The Law Is An Ass

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Monday's Chicago Tribune ran a story that had all the makings of a free speech outrage: a developer had sued local residents who had spoke out against a proposed Park Ridge development.

The residents went to a pair of public hearings to express their concerns about a developer's plans for a new four-story condominium building in their Park Ridge neighborhood.

Then they found themselves on the receiving end of a lawsuit.

Multiple people emailed me about this story, and more tweeted it to me. Fie! Censorship! Suppression! The original impetus for anti-SLAPP statutes was developers suing NIMBY citizens. This is a classic SLAPP! It's actionable even under Illinois' pathetic anti-SLAPP statute! To arms!

Or not.

I wrote the developer's attorneys at Ungaretti & Harris LLP. They responded quickly and courteously. (You may or may not be surprised to hear that's not the response I generally get.) They sent me the complaint, and pointed to some authority that explained their stance.

See, the developer here isn't suing for damages. It's not asking for anything from the neighbors. It's suing to overturn a zoning commission decision denying it a permit to build a multi-family residential and commercial development in Park Ridge. And the developer's attorneys have an extremely credible argument that Illinois law requires them to name a ridiculous array of people in the lawsuit to accomplish that.

Illinois, like many states, has statutes governing how you can challenge a zoning decision. It's not unusual for that path to be a lawsuit seeking review of the administrative decision. What is unusual is that Illinois law (1) requires you to name, as a defendant, all "parties of record" to the underlying decision, and (2) defines "parties of record" ridiculously broadly. The developer has a very credible argument that the neighbors who spoke at the zoning meetings are "parties of record" and that they are required under Illinois law to name them as defendants.

The developer's attorneys pointed me to a case in which the Illinois Appellate Court overturned a lower court decision in a zoning challenge on the grounds that the developer making the challenge hadn't named as defendants the neighbors who had objected to the development. That case also involved Park Ridge zoning:

The Park Ridge residents who made personal or representative appearances at the zoning board hearing lived in the immediate vicinity of the plaintiffs' property. They were more than disinterested witnesses; they actively maintained a position opposed to the plaintiffs'. Their interest in the outcome of the hearing was substantial. They did not seek administrative review of the board's decision because the decision was favorable to them. Their interest became jeopardized a second time when the plaintiffs challenged the decision in the circuit court; yet they were neither notified of the suit nor made defendants. They were thus deprived of the opportunity of protecting their interest-the monetary value of their homes and the aesthetic level of their neighborhood-in court.

O'Hare Int'l Bank v. Zoning Bd. of Appeals, City of Park Ridge, 8 Ill. App. 3d 764, 767, 291 N.E.2d 349, 351 (1972)

I did a little research on my own to see if the developer was relying on bad law. I found multiple cases emphasizing that failure to name the proper parties deprives the court of jurisdiction — meaning that any good result the developer got would be for naught. For instance, in one case a police officer suing a police commission for reinstatement was thwarted because he didn't name, as a defendant, the police chief who had complained about him to the commission:

Moreover, numerous Illinois supreme court and appellate court cases held that failure to name all parties who were of record at the administrative hearing makes a complaint fatally defective. See Winston, 407 Ill. 588, 95 N.E.2d 864; O'Hare International Bank v. Zoning Board of Appeals (1972), 8 Ill.App.3d 764, 291 N.E.2d 349. The requirement of naming all parties of record as defendants is both mandatory and jurisdictional. (Winston, 407 Ill. at 595-96, 95 N.E.2d 864; O'Hare International Bank, 8 Ill.App.3d at 767, 291 N.E.2d 349.) Section 3-107 of the Administrative Review Act states:

Marozas v. Bd. of Fire & Police Comm'rs of City of Burbank, 222 Ill. App. 3d 781, 787, 584 N.E.2d 402, 406 (1991)

In short, I think that the developer's lawyers here are right: there is at least a reasonable concern that a court will find that they must sue the neighbors who appeared at the zoning hearings in order to get relief from the zoning decision. That's a bizarre rule, but it's Illinois' rule, not the developer's.

Quench the torches, let fall the pitchforks: this likely isn't a SLAPP suit.

From my Monday-morning-quarterback armchair I will note that it would have been prudent to have a paragraph in the complaint saying something like "the Neighbor Defendants are named solely as required by Illinois law as potential parties of record to the administrative hearing, and no relief is sought specifically from them." It also would have been prudent to have an advance media strategy when this hit; a furor about SLAPPs was predictable. Nobody's perfect.

Remember: the media doesn't get law. Don't trust its reporting. Don't assume that sombody's failure to respond meant that they don't have a response.

Edited to add: Jack Leyhane is not completely convinced.

Roca Labs, Lacking A Hornet Nest Into Which It Could Stick Its Dick, Has Sued Marc Randazza

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This crazy litigant goes to 11.

Roca Labs, you may recall, is the weight-loss-goo purveyor that is belligerent, litigious, and sensitive to criticism to a pathological degree. Last month I wrote about how they require their customers to sign no-criticism contracts, and had sued PissedConsumer.com for carrying negative reviews. Yesterday I lit the Popehat Signal to seek help for customers Roca Labs has targeted with vexatious litigation — including, in what no doubt is just a big coincidence, one of the witnesses against them in their first litigation.

Can Roca Labs push the envelope more? Yes they can.

Today Marc Randazza — counsel for PissedConsumer.com in Roca Labs' frivolous suit — filed an updated notice of related cases in the PissedConsumer case. That updated notice revealed that Roca Labs has now sued Randazza himself for his activities defending PissedConsumer.com.

The complaint itself — which I have uploaded here — brings the crazy and brings it good and hard. It was penned by Roca Labs' latest attorney, one Johnny G. DeGirolamo, a 2009 law school graduate and 2011 bar admittee, whose website is www.inlawwetrust.com. No, really. His site offers a flattering headshot of a smiling advocate, and it was a very good choice to use that picture rather than, say, his booking photo.

Roca Labs, through Johnny G., accuses Marc of interference with economic advantage and defamation per se2, demands a declaration that Randazza is wrong and he is libel, and moves for an injuction telling Marc to shut up. Yeah, good luck with that.

But that ain't all. The complaint is a model of prissy pearl-clutching. Johnny G. is aghast that Randazza has provided legal services to adult entertainment companies. Goodness gracious! Johnny G. is horrified that Randazza has been "an outspoken advocate for Phillip Greaves, the author of 'The Pedophiles Guide to Love and Pleasure.'" To be more accurate, Randazza has been an outspoken advocate for the First Amendment issues presented by Greaves' case, but it's not surprising that a First Amendment distinction is lost on the sort of attorney who wold represent Roca Labs. Johnny G. is cheesed off at Randazza's catchphrase murum aries attigit, which apparently suggests a level of aggression that is upsetting to a company that flails around suing its customers for criticizing it. In short, Johnny G. — bless his heart — does his best to make Marc Randazza sound terrible, and only wind up making him sound knowledgeable about free speech.

On to the substance of the claim, if I may use the term very generously. Roca — through Johnny G. — asserts that Marc has been defaming Roca Labs during this litigation by making statements to the press (or, as Johnny G. puts it, to "webzines") and then putting those same statements in court pleadings. They imply he's trying to cloak his statements to the media with litigation privilege by repeating them in court filings. This theory is . . . odd.

Moreover, Johnny G. and Roca Labs are conspicuously vague about exactly what statements are defamatory, and exactly how. Other than complaining that Randazza defamed Roca Labs through a very clearly satirical tweet on Halloween, there are few specifics. Roca Labs complains that Randazza's purpose is to "mock, ridicule, humiliate, harm, and continue his war against ROCA," but that's not very specific. Roca Labs complains about statements in articles by TechDirt and tries to attribute them to Randazza, but doesn't explain exactly what Randazza said and exactly how it was wrong. That lack of specificity is probably deliberate — if Roca Labs admitted they were mad over the term "snake oil," they'd have to confront the fact that the phrase is obviously protected opinion. See, e.g., Phantom Touring v. Affiliated Publ'ns, 953 F.2d 724, 728, 730–31 (1st Cir.1992) (holding that description of theatre production as “a rip-off, a fraud, a scandal, a snake-oil job” was no more than “rhetorical hyperbole”). Moreover, in some parts of the complaint Roca Labs is attacking statements that are clearly, objectively true based on Roca Labs' own court documents. For instance, Roca Labs angrily quotes a paragraph in which TechDirt accused them of trying to silence customers. Which is what they are doing.

Finally, the complaint attaches a motion for a temporary injunction, in which Johnny G. demands that Randazza cease and desist saying mean things about Roca Labs, retract prior mean things, and remove any online content about Roca Labs. At this point I have to admit that I don't know whether Roca Labs and Johnny G. are powerfully stupid, breathtakingly cynical, unapologetically unethical, or all three. Despite the fact that they are suing a renowned First Amendment lawyer, despite the fact that they are demanding an injunction silencing him, despite the fact that they have lost a similar injunction request in which Randazza schooled them on the First Amendment and prior restraint issues, and despite the fact that it is clear those issues will arise again, their motion makes no mention whatsoever of the overwhelming First Amendment and prior restraint issues presented by their demand.

Roca Labs is mistaking aggression for strategy. Randazza, by filing his notice of related case, has alerted the federal court hearing the PissedConsumer.com case that Roca Labs is flailing around suing opposing lawyers, which will not go over well. Roca Labs has hired what appears to be an improbably matriculated Muppet to champion their case, despite a patent lack of qualifications. Roca Labs thinks that suing Marc Randazza to shut him up is going to end well. They should have asked Raanan Katz or Crystal Cox how that would turn out.

I'm calling it: Roca Labs has achieved Prenda status.

Edited to add: Adam Steinbaugh explains why Roca Labs' attempt to evade the litigation privilege is so frivolous.