January 18, 2014
— Gabriel Malor A notable win for Professor Volokh's project to see that the courts go back to recognizing that press freedom means freedom of the presses, not freedom for a special class of people recognized as members of the press.
From the decision:
The protections of the First Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both sides of a story. As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable: “With the advent of the Internet and the decline of print and broadcast media … the line between the media and others who wish to comment on political and social issues becomes far more blurred.” Citizens United, 558 U.S. at 352.
Yes, that Citizens United.
You may consider this an open thread. Funny video below the fold.
h/t to BenK for the Volokh story. I have no idea where I saw the dog video. Coulda been here.
Posted by: Gabriel Malor at
02:22 PM
| Comments (150)
Post contains 216 words, total size 2 kb.
Posted by: Conservative Crank at January 18, 2014 02:24 PM (sQ0LB)
Posted by: Vic[/i] at January 18, 2014 02:30 PM (T2V/1)
Those go state by state.
Posted by: Bitter Clinger and All That (Unexpurgated Edition) at January 18, 2014 02:33 PM (LSDdO)
Posted by: chemjeff at January 18, 2014 02:34 PM (9GG/0)
Posted by: Kreplach at January 18, 2014 02:34 PM (Xkr8I)
Posted by: no good deed at January 18, 2014 02:35 PM (vBhbc)
Posted by: real joe at January 18, 2014 02:35 PM (xXhgd)
8 This only applies to libel.
Maybe this will help Ace and the other Bloggers who are being sued by he-who-will-not-be-named.
Posted by: wheatie at January 18, 2014 02:36 PM (Wq5le)
Posted by: real joe at January 18, 2014 02:37 PM (xXhgd)
Posted by: Sphynx at January 18, 2014 02:37 PM (OZmbA)
Posted by: Sphynx at January 18, 2014 02:38 PM (OZmbA)
Posted by: Vendette at January 18, 2014 02:39 PM (Lirg1)
Time to call out the NPR media and call the whiners a bunch of lightweights:
http://tinyurl.com/lsd38el
Posted by: LC LaWedgie at January 18, 2014 02:40 PM (0It32)
Posted by: 9th Circuit at January 18, 2014 02:41 PM (rn0EN)
It is sadly indicative of the bent of progressives to pretend that our liberty is not the innate and God given right of each of us by birth but instead the grant of privilege by a kind and magnanimous state subject to curtailment at any time.
Matt "dumbfuck communist" Yglesias and his epic "state came before all property" stream of consciousness bullshit comes to mind.
Posted by: Sven 10077 at January 18, 2014 02:42 PM (TE35l)
meant it as a pat on the head of Kos and Donk Underground for the Bush era rage did you?
Posted by: Sven 10077 at January 18, 2014 02:42 PM (TE35l)
For he-who-will-not-be-named, go read Aaron Worthing's blog for the whole long, sordid history.
Or you can google Peedway-Say omber-Bay.
Posted by: Conservative Crank at January 18, 2014 02:45 PM (sQ0LB)
Posted by: Charlie Gibson at January 18, 2014 02:46 PM (Pr6hk)
They were an acknowledgement that the named rights were rightfully given to everyone at birth and for the Government to recognize them as such. The tenth was added as a protection for the people of the States as a political entity.
The whole point of the Constitution was to LIMIT Federal power and empower the people being governed.
We are in an age where the reasons for those enumerated Rights has become visible to anyone with sense as we see a constant thread of overreach, blatant violations of law and the use of the Federal Government to punish it's detractors and reward it's cheerleaders.
And the courts and congress stand by while it's happening and do little or nothing about it.
Posted by: Bitter Clinger and All That (Unexpurgated Edition) at January 18, 2014 02:47 PM (LSDdO)
Posted by: Barack O'Stalin at January 18, 2014 02:48 PM (Pr6hk)
Internet speech is under attack on multiple axes, this was the "you cannot refuse to divulge source, nor have the protection from libel that a totes trained and ethical J-Schooler has" to try to freeze out the ability of citizens to report using the net as a medium. Freezing the "right" to a self-appointed class of "lords of discipline" which can freeze out points of view on tribal grounds. You see this is the big media today.
The Senate is now wanting "Internet Hate Speech Studies" so they can attempt to curtail speech on the internet on the basis that somehow words are more dangerous when on the internet.
The other is litigious actions against ISPs for "hate speech" and "trademark violations."
One down(ideally I hope it gets to SCotUS with its current make-up versus God forbid a more liberal court we need Scalia and Alito on this, Clarence Thomas will deliver an epic ruling as well) but I can't see any curtailment on a wide-scale of net liberty without serious anger and rage coupled with civil disobedience.
Posted by: Sven 10077 at January 18, 2014 02:48 PM (TE35l)
Posted by: Conservative Crank at January 18, 2014 02:48 PM (sQ0LB)
Yup and the Anti-Federalists wanted MORE not less guaranteed liberties illustrated because they understood even our government is a carnivorous bastard.
Those are not grants it is essentially an inverted ransom note to the Federal Govt granting it license only so long as it honors that agreement.
Posted by: Sven 10077 at January 18, 2014 02:49 PM (TE35l)
Posted by: Sven 10077 at January 18, 2014 02:52 PM (TE35l)
There is no where in the Constitution that gives the Supreme Court the power of judicial review.
Nor is it spelled out that they have the exclusive power to decide what's constitutional and what is not.
Thus the eventual mess we find ourselves in.
Posted by: Bitter Clinger and All That (Unexpurgated Edition) at January 18, 2014 02:53 PM (LSDdO)
Posted by: whyme at January 18, 2014 02:53 PM (l9mF2)
Posted by: Sven 10077 at January 18, 2014 02:53 PM (TE35l)
Posted by: rickl at January 18, 2014 02:55 PM (sdi6R)
Posted by: Mel Gibson at January 18, 2014 02:55 PM (Pr6hk)
Yes, VERY much so because it altered irrevocably the nature of the relationship not just between branches of govt but also the states themselves.
The liberal reaction to the rejection of FDR's New Deal and the invasion of our judicial academic system by collectivists have had horrible repercussions.
Posted by: Sven 10077 at January 18, 2014 02:55 PM (TE35l)
Posted by: NBC Editors at January 18, 2014 02:57 PM (Pr6hk)
Yes, I posted it here in 2007 or 08 IIRC clip wise...
NOTHING he has done, whinged about, or tried in undermining our system of government is unexpected if you did your homework.
I have essentially turned my back on my California in-laws because they ignored ALL of the credible data I presented and voted for the cocksucker in 08 at least anyway b/c "black BLACK!" and "Bush tried to kill my sister(my wife) Obama is PEACE!"
Uh Obama has tried to get us into at least three and arguably five hot deployments besides Iraq and Afghanistan...which ALSO was predictable.
Posted by: Sven 10077 at January 18, 2014 02:58 PM (TE35l)
every gift they give is taken from someone else, govts don't produce shit on their own.
Posted by: Sven 10077 at January 18, 2014 03:02 PM (TE35l)
Posted by: --- at January 18, 2014 03:03 PM (MMC8r)
Posted by: muttering vikings fan at January 18, 2014 03:03 PM (rn0EN)
Posted by: wheatie at January 18, 2014 03:04 PM (Wq5le)
If we're lucky...I think right leaning bloggers count as 1/7th or something
Posted by: Sven 10077 at January 18, 2014 03:05 PM (TE35l)
Posted by: Mirror-Universe Mitt Romney at January 18, 2014 03:06 PM (4hZFd)
Since this is an open thread, too...
Anyone else click on Purp's link in the sidebar about the "most awesome pillow"?
It's a padded hood thing, that you put over your head...so you can supposedly 'take a nap anywhere'.
It covers your eyes.
Only your mouth is uncovered.
But what about your stuff? ...Your bags, etc, that you have with you while you are napping in that public place.
Seems like it would make you an easy target.
Posted by: wheatie at January 18, 2014 03:10 PM (Wq5le)
the heat, which made the devil very angry. So he turned down the heat.
Still no change, the Canadians were loving it. This went on for days
until it was absolutely freezing in Hell. The devil went to find out why
the Canadians were jumping with glee. “Why are you so happy?” the devil
asked. The Canadians replied, “Hell froze over, the Leafs won the
Stanley Cup!”
Posted by: chemjeff at January 18, 2014 06:34 PM (9GG/0)
LOL.
Posted by: tbodie at January 18, 2014 03:10 PM (i5xnd)
Posted by: Ronster at January 18, 2014 03:13 PM (kj1eu)
Thanks, I actually possess some knowledge and scholarship on the historic issues in play.
I write cryptically because my identity is not that hidden and I fear blowback. My real life name can be reverse engineered with probably a half hour's worth of work. The democrats made up their mind in 2001-2005 they are justified in anything they do, and I have a proper respect and fear for that ruthlessness if not their goals.
Posted by: Sven 10077 at January 18, 2014 03:13 PM (TE35l)
Posted by: rickl at January 18, 2014 03:17 PM (sdi6R)
Posted by: Romeo13 at January 18, 2014 03:17 PM (lZBBB)
The "aristocracy" in this nation is trying to catch up to the nation we rebelled and calved from. England disarmed its subjects in 1922 from fear of Bolzhevism and the US left wants us all disarmed from fear of patriotism. They disarm us we may as well adopt the proper name for our status "subjects."
Posted by: Sven 10077 at January 18, 2014 03:21 PM (TE35l)
Posted by: WalrusRex at January 18, 2014 03:22 PM (E+uky)
Posted by: Romeo13 at January 18, 2014 03:24 PM (lZBBB)
Posted by: Romeo13 at January 18, 2014 03:26 PM (lZBBB)
Posted by: Ronster at January 18, 2014 03:29 PM (kj1eu)
Posted by: Empire1 at January 18, 2014 03:31 PM (H0LN+)
The 1920 Fireamrs Law took ~2 years to implement and took advantage of the 1689 "Bill of Rights" use of "as allowed by law." Power to regulate arms devolved to the police and the mayors of the nation. Self-Defence was an allowed reason for arming ones' self.
The right of individuals to bear arms had previously been, in the words of the 1689 Bill of Rights, "as allowed by law".
http://en.wikipedia.org/wiki/Bill_of_Rights_1689
What one has to understand is that the American Revolution was in many ways simply the continuation of the English Civil War of Oliver Cromwell carried on by other means after a cooling period. The US Bill of Rights can only be understood in context by looking at it as a rebuttal and clarification of the 1689 English document. Where there is overlap it is in many ways clarification on what was perceived as deficiencies and loopholes of the English attempt to cool Republican ardor in the UK.
I challenge you to read the rights contained within the 1689 document and not laugh bitterly at how little a Republican minded man of 1688 would think things have changed in many ways....
a Few gems..
no taxation by Royal Prerogative. The agreement of the parliament became necessary for the implementation of any new taxes
no royal interference in the freedom of the people to have arms for their own defence as suitable to their class and as allowed by law (simultaneously restoring rights previously taken from Protestants by James II)
Posted by: Sven 10077 at January 18, 2014 03:32 PM (TE35l)
I jumble them up to preclude ease of sniffing and use a lot of cant and inside jargon.
Thanks, again....
When a person from DC intones "this is the law and because I have a gun" he is saying "fuck you and the founding"
Posted by: Sven 10077 at January 18, 2014 03:33 PM (TE35l)
Absolutely true. You have to keep the police and the military separate because one defends the court and enforces its will, and the other the state and its right to survival. Disarming us while arming the cops like the Keystone Kommandos means we are under occupation.
Posted by: Sven 10077 at January 18, 2014 03:35 PM (TE35l)
Posted by: Empire1 at January 18, 2014 03:37 PM (H0LN+)
Also breaking in the Onion News Network: "Swift Boat Veterans For Truth Clear John Kerry After Exhaustive 9-Year Investigation".
The Onion is Крокодил. It always was Крокодил. It will always be Крокодил. And, should the Moldbug fanbase get their Great Reaction and a restoration of the Stuart monarchy - at this point The Onion will be running snark on behalf of the royalists.
Posted by: boulder toilet hobo at January 18, 2014 03:38 PM (Xfl0F)
Posted by: ontherocks at January 18, 2014 03:38 PM (NnRx+)
Posted by: Empire1 at January 18, 2014 03:39 PM (H0LN+)
Posted by: Blacque Jacques Shellacque at January 18, 2014 03:41 PM (itCai)
Real life reverse-engineered?
The same can be said of most of us. Your life history is at ARPERCEN and mine at BUPERS.We ain't so stealthy, and I have a feeling that won't mean much in say, less than 2 years?
Posted by: Erowmero at January 18, 2014 03:41 PM (OONaw)
There is no where in the Constitution that gives the Supreme Court the power of judicial review.
Nor is it spelled out that they have the exclusive power to decide what's constitutional and what is not.
Thus the eventual mess we find ourselves in.
Posted by: Bitter Clinger and All That (Unexpurgated Edition) at January 18, 2014 06:53 PM (LSDdO)
I'm disappointed people didn't go Article V on that horseshit. Jefferson thought it was poorly decided and most of the people back then were smart enough to anticipate the high colonic that would administer to the consent of the governed by their black robed overseers. The first time I became aware of it I thought "fuck that shit" and nothing since then has altered that view.
Posted by: Captain Hate at January 18, 2014 03:42 PM (++dPW)
I've had the joy of being around people who have budded into internet celebrities.
Posted by: Sven 10077 at January 18, 2014 03:42 PM (TE35l)
Posted by: boulder toilet hobo at January 18, 2014 03:43 PM (Xfl0F)
Quite, it is why I made up my mind on the trip to take less great pains at concealing my thoughts or using any of my "shorthand."
We lost a LOT in 2012 and the refusal of the GOP to nip this weaponized civil service in the bud through law means we are entering dark days.
They mean to negate historic American patriotism obsolete by flooding us out just like they did in England.
Posted by: Sven 10077 at January 18, 2014 03:45 PM (TE35l)
Now I'm imagining the 1906 silent-film version.
[buildings shake]
Cue card: Rummble
[woman with mouth open]
Cue card: My stars and garters!
[a tram runs into a horseback policeman]
Cue card: Neigh
Posted by: boulder toilet hobo at January 18, 2014 03:47 PM (Xfl0F)
Has the "Rebel" been up yet?
http://tinyurl.com/l4zc24f
The article says the last time a car with that pedigree went up, it sold for 3.2 M.
Posted by: LC LaWedgie at January 18, 2014 03:48 PM (0It32)
Posted by: Krebs v Carnot: Epic Battle of the Cycling Stars™ [/i] [/b] [/s] at January 18, 2014 03:49 PM (HsTG8)
Yes essentially. The goal was to cool the passions of the then 30 year old period of the English Commonwealth. My family was sent to America at the time because they has been too active in Republican circles.
The Bill of Rights 1689 was a promise* to not engage in the activities that made the English Civil War possible and acceptable to enough of the nation that King Chucky I got a shave.
The English Puritan middle class engaged in a voluntary diaspora during the period the Crown and Lords wanted a damper put on the drain of the Gentry and Artisans.
I wish Al Gore were correct, I'd be a squatter in Antarctica I suspect.
We're about to lose our liberty to a neo-crown.
Posted by: Sven 10077 at January 18, 2014 03:49 PM (TE35l)
Posted by: Vendette at January 18, 2014 03:50 PM (Lirg1)
Posted by: CNN at January 18, 2014 03:51 PM (Aif/5)
Posted by: seamrog at January 18, 2014 03:52 PM (FZHGa)
Federal Power could have been nipped in the bud at Marbury v Madison and when the NE states threatened secession in the 1808-1812 period.
I wish it had happened, BUT I also suspect that it would have strangled the United States in its crib.
Posted by: Sven 10077 at January 18, 2014 03:53 PM (TE35l)
Posted by: Ronster at January 18, 2014 03:53 PM (kj1eu)
Posted by: Sven 10077 at January 18, 2014 07:53 PM (TE35l)
Yeah they probably weren't too hot on making major changes to a document which had a highly contentious passage, particularly given the facts on the ground about how the French Revolution subsequently went. The need for stability was probably very highly felt.
Posted by: Captain Hate at January 18, 2014 03:57 PM (++dPW)
Posted by: phreshone at January 18, 2014 03:58 PM (Pr6hk)
Posted by: Vendette at January 18, 2014 04:01 PM (Lirg1)
Posted by: DangerGirl at January 18, 2014 04:01 PM (GrtrJ)
Posted by: Krebs v Carnot: Epic Battle of the Cycling Stars™ [/i] [/b] [/s] at January 18, 2014 04:01 PM (HsTG8)
Posted by: DangerGirl at January 18, 2014 04:08 PM (GrtrJ)
Posted by: Ronster at January 18, 2014 04:09 PM (kj1eu)
Posted by: Ronster at January 18, 2014 04:10 PM (kj1eu)
Posted by: Jean at January 18, 2014 04:13 PM (4JkHl)
Posted by: Ronster at January 18, 2014 04:13 PM (kj1eu)
Posted by: Vendette at January 18, 2014 04:15 PM (Lirg1)
I hope president Obama makes sure that JCP does not fire any blacks. Just white people because that would be racist.
Posted by: Dorcus Blimline at January 18, 2014 04:16 PM (5JRkI)
Posted by: Underground Vulgarian at January 18, 2014 04:16 PM (pq1E5)
The Owens Corning #12 that sold for 3.2M is a better looking car, so the price was probably right where it should have been for those guys that can afford that stuff.
Posted by: LC LaWedgie at January 18, 2014 04:17 PM (0It32)
Indeed, considering "journalism" as a college discipline is what the 1950s in age?
Journalism used to be a matter of being able to investigate competently and generating a compelling byline.
The idea that it is a craft like being a plumber is a craft is ludicrous.
Posted by: Sven 10077 at January 18, 2014 04:17 PM (TE35l)
Posted by: Jean at January 18, 2014 04:19 PM (4JkHl)
Wal-mart could create a national intelligence network tomorrow doing that.
Here's a dollar our health plan costs 900 bucks and beats Bronze...
Know something that needs to get out to the masses?
Let me know and watch the Wal-Mart network in my stores.
Posted by: Sven 10077 at January 18, 2014 04:19 PM (TE35l)
Posted by: Underground Vulgarian at January 18, 2014 04:21 PM (pq1E5)
Posted by: Jean at January 18, 2014 04:22 PM (4JkHl)
Christ The Redeemer statue in Rio loses fingers after being struck by lightening.
Posted by: seamrog at January 18, 2014 07:52 PM (FZHGa)
Are you aware I was the model for Christ the Redeemer?
Posted by: Barack Milhous Obama the Magnificent at January 18, 2014 04:22 PM (pJF+c)
Nothing decent must be allowed to live...
I could see "Twitterpated-the further adventures of Chief Deputy Marshall Art Mullen(ret.)"
Posted by: Sven 10077 at January 18, 2014 04:22 PM (TE35l)
Posted by: Guy who points out double negatives at January 18, 2014 04:22 PM (pq1E5)
Posted by: garrett at January 18, 2014 04:23 PM (UnucE)
LC LaWedgie at January 18, 2014 08:17 PM (0It32)
I used to play the fantasy bid thing. Never won anything, but at least got on the list a few times. I don't have a clue anymore. Too many weird vehicles are used for the fantasy bid.
Posted by: Ronster at January 18, 2014 04:23 PM (kj1eu)
Well the IPCC are a bunch of commies...LITERALLY
http://tinyurl.com/km5sb9d
and they are also likely members of the voluntary human extinction movement...
Posted by: Sven 10077 at January 18, 2014 04:24 PM (TE35l)
Posted by: Mike Hammer at January 18, 2014 04:25 PM (aDwsi)
I've noticed that. (heh)
Posted by: LC LaWedgie at January 18, 2014 04:25 PM (0It32)
Are you aware I was the model for Christ the Redeemer?
Posted by: Barack Milhous Obama the Magnificent at January 18, 2014 08:22 PM (pJF+c)
You misheard. It was "Christ! The Ruin Bringer!"
Posted by: Conservative Crank at January 18, 2014 04:25 PM (sQ0LB)
Posted by: Underground Vulgarian at January 18, 2014 04:26 PM (pq1E5)
Posted by: concrete girl at January 18, 2014 04:27 PM (LhAqq)
He's had a few good lines this season(five)....
It'll be interesting to see where the Detroit thing is going...
Dave Foley as a Canuckian Mobster was funny.
Posted by: Sven 10077 at January 18, 2014 04:29 PM (TE35l)
Posted by: SpongeBobSaget at January 18, 2014 04:29 PM (kxSZr)
Posted by: Underground Vulgarian at January 18, 2014 04:30 PM (pq1E5)
Posted by: Empire1 at January 18, 2014 04:31 PM (H0LN+)
The "True Republican" is a curious beast...
just as Tax and Spend as a democrat at ~15% discount tops and never as good on liberty as a "True CON"...
Posted by: Sven 10077 at January 18, 2014 04:31 PM (TE35l)
Posted by: seamrog at January 18, 2014 04:32 PM (FZHGa)
Posted by: Underground Vulgarian at January 18, 2014 04:33 PM (pq1E5)
"Cherished Enemy" is something Art has developed it's like the bank robbing emphysema patient he had a wary respect of.
Posted by: Sven 10077 at January 18, 2014 04:33 PM (TE35l)
Touchdown Jesus on I-75 near Cincy got Struck by Lightning twice...
burnt to the ground once.
http://youtu.be/gaRtTtxl4mg
If I were superstitious I'd almost think God is sending a message.
Posted by: Sven 10077 at January 18, 2014 04:36 PM (TE35l)
Posted by: Underground Vulgarian at January 18, 2014 04:37 PM (pq1E5)
Posted by: soothsayer'lc at January 18, 2014 04:37 PM (OCwj1)
Posted by: olddog in mo at January 18, 2014 04:38 PM (EKOIc)
Posted by: ontherocks at January 18, 2014 04:40 PM (NnRx+)
This district is conservative enough that the dems haven't even bothered to run a candidate in many many years. We don't need a liberal douche that wants a Texas income tax.
Posted by: SpongeBobSaget at January 18, 2014 04:41 PM (kxSZr)
Posted by: seamrog at January 18, 2014 04:42 PM (FZHGa)
Posted by: Underground Vulgarian at January 18, 2014 04:45 PM (pq1E5)
--------
AR-15 shotguns!!!!!!
Posted by: CNN at January 18, 2014 07:51 PM (Aif/5)
HEH! Do yourself a Goggle search for a MKA-1919 for a good laugh. It is real BTW.
Posted by: Old Dog at January 18, 2014 04:48 PM (tQYJH)
There are better reasons to think we'll be hearing from God soon. Revelations is predicated on Russia and the Islamic countries attacking Israel while the US does nothing. Sound like the results of anyone's foreign policy we know?
Posted by: Ian S. at January 18, 2014 04:55 PM (102Hx)
Posted by: Underground Vulgarian at January 18, 2014 04:56 PM (pq1E5)
I thought that was just those shitty Left Behind books, not actual Revelations.
Posted by: kartoffel at January 18, 2014 04:59 PM (07vvi)
Posted by: Arbalest at January 18, 2014 05:04 PM (FlRtG)
Posted by: Mike Hammer at January 18, 2014 05:41 PM (aDwsi)
Posted by: Bill H at January 18, 2014 06:40 PM (3sZO1)
Every bluefin tuna tested in the waters off California has shown to be contaminated with radiation that originated in Fukushima. Every single one.
Posted by: habanero at January 21, 2014 09:02 AM (qQk+U)
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Posted by: Arbalest at January 18, 2014 02:24 PM (FlRtG)