Mayer Brown, shame on you. (日本、ストライサンド効果へようこそ)

February 25, 2014

The offensive statue. Photo Courtesy of Melissa Wall, Ph.D. under a creative commons license.

The offensive statue.
Photo Courtesy of Melissa Wall, Ph.D. under a creative commons license.

Every law firm gets confronted (on a pretty regular basis) with the question: “should I put my name on this?

That soul searching comes into play when you wonder, “is this honorable?” You know when it is, and when it isn’t.

I’m not talking about representing a client that you know is guilty — they deserve a defense. I’m not talking about representing a really evil client — because there might be an important legal issue in play.

I’m talking about when you do something truly disgusting.

That bar is pretty low. Despite the lawyer jokes, I have encountered few lawyers who have ever even approached that line.

If a law firm takes on the Nazi party as a client, in furtherance of some greater good, I do not look down on them. Nobody should. Represent a child pornographer? I can see plenty of justification there. There is almost no cause that doesn’t have some justification.

But, sometimes you gotta say “no.” Or, at least if you say “yes,” you must do so with class and dignity.

For example, if you represent a child molester, that is ok. You take it on from the point of “I may not condone what my client did, but he has a right to a defense.” But, if you put in your pleadings “the kid had it coming to him, he just looked so fucking sexy in that altar boy outfit,” well then… you are a dishonorable and filthy-taint-licking-piece-of-shit.

Ok, got that? That is the bar you need to step over. It doesn’t take strong leg muscles.

I’m sort of disappointed that I have to draw that distinction for anyone. But, I come to you with proof that this lesson is actually necessary.

Mayer Brown brings you this masterpiece– a lawsuit where they are trying remove a memorial for World War II “comfort women” from a public park. You see, it “offends” some of their clients. The cause itself is a bit slimy, but how they’re going about it qualifies them as “the least honorable law firm in the world.

For those of you who do not know what the “comfort women” were — they were about 200,000 women (some say as many as 400,000) who were forced into working in whorehouses for Japanese soldiers during World War II. (source)

Many were abducted, and some were barely in their teens. “I was taken at the age of 11,” one former sex slave Kim Young-suk said.(source)

As you can imagine, these women were not terribly pleased with this treatment. And, wouldn’t you know it, but some of them are still all harping on the past.

The few surviving comfort women, all in their 80s and 90s, cry foul.

“I was walking along the side of the road when I was captured and taken away,” says Ok-Seon Yi.

It was 1942, and Japanese and Korean soldiers grabbed her and threw her in the back of a truck. Her family never knew what happened to her, she said, and gave her up for dead. She spent three years at a military brothel in China. She was 15.

She’s 87 now and lives in a home for survivors like her outside of Seoul. She’s tiny, with white hair, frail and quiet — until the subject turns to Japan.

She shakes her fist. “The Japanese government are thieves,” she says. “They’re trying to rewrite history.

“They have no right to take away my honor and dignity,” she adds.

She says she’s thankful for the memorials in the United States, and says America is the only country that can right the historic wrong. (source)

So in comes Mayer Brown to try and put and end to this outrage. Not the outrage of forcing a couple hundred thousand girls and women to suck the cocks of filthy imperial soldiers, mind you — but the atrocious conduct that happened in the City of Glendale, California. You see, the City of Glendale has done something awful — it put up a memorial to the “comfort women.”

“They were raped maybe 10 times a day. On weekends, as many as 40 to 50 times a day. The majority of them were teenagers,” says Phyllis Kim, who as part of Los Angeles’ Korean-American Forum helped bring the statue to Glendale. “There are victims who are still alive, and waiting for an apology.” (source)

This little statue does not sit well with… well, lets scratch our heads for a minute about that, shall we? Who are Mayer Brown’s “clients” in this lawsuit?

Two of the plaintiffs are Japanese-Americans who live in Glendale. The third plaintiff is an “organization” called “GAHT-US.”

Plaintiff GAHT-US Corporation (“GAHT-US”) is a non-profit public benefit corporation organized under the laws of the State of California. The purpose of GAHT-US is to provide accurate and fact-based educational resources to the public in the U.S., including within California and Glendale, concerning the history of World War II and related events, with an emphasis on Japan’s role. (Complaint at Para. 7)

Well, if we look for GAHT-US (The “Global Alliance for Historical Truth”), what do we find? We find that it is a corporation that someone created on February 6, 2014. After 14 days of legal existence, this lawsuit was GAHT-US’s first act — well after slapping up a web page.

This “Global Alliance’s” address is 1223 Wilshire Boulevard #613. That’s a UPS Store.

The world headquarters of GAHT-US

The world headquarters of GAHT-US

Ok, so with that illustrious organization out of the way, lets look at the two people that they managed to get to stand up for this noble cause…

As a Glendale resident of Japanese heritage, [Michiko Shiota Gingery] believes the Public Monument presents an unfairly one-sided portrayal of the historical and political debate surrounding comfort women…” (Complaint at 2).

The other Plaintiff, Koichi Mera, had similar gripes. I do see their point. I mean, on one side you have all these women who were kept in sexual slavery and essentially gang raped for 4-5 years. But, where is the side of the poor Japanese soldiers who had to fuck them? What of them? Have you ever had to fuck a woman who was captive and crying? I mean, think of it? Those poor Japanese rapist soldiers. The fact that nobody thinks of the other side in this discussion is really distressing. Bravo, Mayer Brown, Bravo.

Additionally, the Plaintiffs are upset because the monument offends them. They “would like to use Glendale’s Central Park,” but they now avoid the park because they are offended by the Public Monument’s pointed expression of disapproval of Japan and the Japanese people.(Complaint at 2, 4)

Guess what? I bet the City of Glendale actually loves Japan and the Japanese People. Aside from the fact that they seem to have a disproportionately large number of scat porn enthusiasts (second only to Germany), and this little “comfort women” thing, the Japanese are a-ok by me. For fucks’ sake, they gave us Godzilla. After being the only country to ever get nuked into the stone age, they staggered around for about 18 months, and then they kicked the entire world’s ass at technology, amassing wealth and power on a level that it took 17 Italians to equal the productivity and innovation of one Japanese high school girl with a Hello Kitty purse.

But yes, we all have our blemishes — and government-organized mass rape is a pretty bad one.

So if the consequence of such a sick-as-fuck act is that there’s a bronze statue in the corner of some obscure park 10,000 miles from the nearest piece of Japanese territory, I think that’s pretty fair.

Ok, so their clients are offended and rich, (I presume the rich part). The complaint has at least some rational points. They seem frivolous, but not completely off the wall. One part of the complaint discusses how this memorial interferes with the foreign relations between the United States, Japan, and South Korea. (Complaint at 14). I’m not saying it is a supportable argument, as Boos v. Barry, 485 U.S. 312 (1988) seems to dispense with the key point here. In that case, a D.C. ordinance sought to suppress speech that might chafe foreign powers. This is a little different, since it is private citizens trying to suppress governmental speech, but the core of the matter is the same — smooth foreign relations are not a sufficient justification to suppress speech.

The complaint also makes one rational argument –That the monument went in without the proper procedure being followed before the Glendale City Council. (Complaint at 16). I have to agree with this one (if it is true) — cities should not be engaging in ultra vires acts. And, the complaint could have made those arguments, stating that the complaint was brought reluctantly. Or, just lay off the victims, but make the dull legal points.

But no.

No.

Instead, Mayer Brown put its name to gems like this:

During World War II and the decade leading up to it, an unknown number of women from Japan, Korea, China, and a number of nations in Southeast Asia, were recruited, employed, and/or otherwise acted as sexual partners for troops of the Japanese Empire in various parts of the Pacific Theater of war. These women are often referred to as comfort women, a loose translation of the Japanese word for prostitute. (Complaint at Para. 14) (emphasis added)

You know… “whores.” They just “acted as sexual partners.”

I mean, lets just call them what they really were, BATTLE SLUTS!!!

Right now, my face is figuratively bright red and in searing pain from the epic facepalming that I am imagining doing to myself.

The complaint reads like a who’s who of hypocritical trash. Yoshikazu Noda, the poor mayor of Higashiosaka, Glendale’s sister city is quoted as saying that the installation of the monument was an extremely deplorable situation and the people of Higashiosaka are hurt at a decision made by [Glendale] city to install a comfort woman monument.” (Complaint at Para. 38).

Awwww… does it hurt, Noda? Can you describe the pain? Is it anything like being kidnapped, and then being raped repeatedly, every day, for four or five years? Does it hurt like that? Or just like when you step on a Lego brick in the middle of the night — because that, I tell you, absolutely fucking smarts.

The Plaintiffs want the monument removed and kept off of any and all public property in Glendale, and of course, they want money. (Complaint at 17).

I will give them some credit — at least the complaint did not call for all the remaining comfort women to be rounded up and shipped off to Manzanar.

Despite that small bit of tactful omission, I have never seen anything this dishonorable with a law firm’s name attached to it. I’ve seen dumber shit. I’ve seen more frivolous shit. I’ve seen more unethical shit. But, never seen anything this foul or shameful with a law firm’s name attached to it.

The silver lining in this? Mayer Brown’s abject stupidity and dishonorable behavior will bring their clients into complete disrepute (which they deeply deserve), and will educate more people than ever on the history of the “comfort women.” The “comfort women” have already won this battle – and they aren’t even really on the field.

Don’t let the bastards get you down, “Comfort Women”… Mayer Brown just made your critics into complete laughingstocks.

UPDATE: Looks like Popehat is pissed off about it too

I have written about many maddening lawsuits at Popehat. But I cannot remember a lawsuit that so immediately repulsed and enraged me. (source)


Anonymous Comes for Hunter Moore – Moore’s Man Card Revoked

December 1, 2012

Anonymous has now targeted Hunter Moore.

In a release published today, Anon writes:

Greetings citizens of the world, We are Anonymous.

This is a call to all Anonymous worldwide, you have a chance to make a real difference in the lives of hundreds of bullied teenagers and protect them from real harm such as rape or stalking.

Hunter Moore, Founder of previous revenge pornography site http://www.isanyoneup.com is coming back stronger than ever from the shutdown of his previous website. This capitalist makes money off of the misery of others.

People submit pictures of others naked to his website and he posted their social networking profiles along with the pictures.

This time he is taking it a step further and plans to list physical addresses next to the victims pictures along with a map to their house, self proclaiming that he has singlehandedly enabled the stalking of hundreds.

His servers are up. he already has domains he is secretly testing and will go public soon. He hides behind a loophole of section 230 of the United States online decency act which states he cannot be held legally accountable for third party submitted content.

This is a call to all of anonymous. We Will hold hunter moore accountable for his actions, we will protect anyone who is victimized by abuse of our internet, we will prevent the stalking, rape, and possible murders as byproduct of his sites.

Operation Anti-Bully. Operation Hunt Hunter engaged. We are Anonymous, we are Legion, we do not Forgive, we do not Forget, Hunter Moore, EXPECT US. (source)

I applaud them for it. I do have one issue with the missive — I don’t think that Moore is as protected by Section 230 as he likes to believe.

But, lets set the legal issues aside for this post: Moore is a douchebag, and deserves everything that Anonymous may throw at him. Here’s why:

Once upon a time, girls weren’t all paranoid about being raped, having shit slipped in their drink, or being stalked. Then, douchebags discovered rohypnol, stalking, etc., which ushered in a new era of “Why has this asshole just showed up at my table with a drink in his hand? Does he think I’m an idiot?”

Now, thanks to these clowns, you need to convince the girl that she should have sex with you AND that you’re not going to rape her or cut her into little pieces. Girls who were once approachable are scared to death to even have a conversation with you in a bar. All because of douchebags who need to circumvent rejection with drugs. And stalking. Lots and lots of stalking.

The douchebag’s MO is to shit out a cloud of fear. That cloud of fear supports an ecosystem that only benefits two kinds of people — other douchebags and second-wave feminists who absolutely love women in fear, because it makes their bullshit message resonate with just enough terrified women to keep a few of them signing up for their classes. Never forget the best way to control behavior is through FEAR. Just like the TSA, fear creates a justification for existence. There is the implied message of “If you challenge me, I’ll fucking spank you, so you better choose wisely.” But, if you take away fear, the assholes evaporate.

Involuntary Porn sites (like those run by Hunter Moore, Eric Chanson, Craig Brittain, and Chance Trahan) are the online equivalent of the asshole who goes to a bar with roofies in his pocket, or who stalks a girl who won’t give him the time of day. They punish all women through fear because they got rejected by their high school prom date or some chick in a bar or…whatever. They get off on the smell of fear and the resultant power over a woman and this is the drug that gives them the warm tinglys.

Imagine if no women had to live in fear of a shithead ex-boyfriend or these dickless fucks. Forget the morality of what they do, if you want, and think about from a purely utilitarian / economic perspective. Without these nimrods, a woman would always feel comfortable letting you take naked pictures of her. Women would feel comfortable sending you those pics as a “hey good morning” present. More naked pictures of girls means a better world for everyone, in my humble opinion.

Real men don’t get off on scaring women. Real men get off on trying to take that fear away.

Not because we are nice, or chivalrous. OK, some of us are, but more importantly, it’s because we want more naked pics and Hunter More and Craig Brittain are fucking with that.

So fuck you, Hunter Moore. Fuck you, Eric Chanson. Fuck you, Chance Trahan. And Fuck you, Craig Brittain.

Any man who gets off on putting women in fear loses his man card.

Good hunting, Anonymous.


The Copyrightability of Porn

August 18, 2012

Back in April, I wrote an article “Challenging The Copyrightability Of Porn” (html versiondigital mag version)

This was to confront a growing chorus of voices questioning whether porn can be copyrighted. You likely don’t need to read my article to know where I come down on it.

Over the past week, The First Amendment Lawyers’ Association has honored me by permitting me to file amicus briefs on its behalf in Colorado and Massachusetts, confronting this issue in the courts. (The MA one is a little better refined)


Feminist War of 2012

March 16, 2012

By Tatiana von Tauber

I’m embarrassed to be an American woman with witness to the current state of the Union.

Being a woman is without a doubt the most difficult process of becoming I’ve ever undertaken especially since I began my role as a mother 14 years ago. Nothing prepares you for the experience of motherhood better than truth and so I feel the same about the future of young girls in America.  There are many I know who were totally lost in the wake of the conservative pool of stupidity in the days of GWBush and his side’s abstinence education policies in American schools.  There is an entire generation of kids who are completely misinformed about birth control and sex because of religion.

More and more I feel battered by having the feeling women were given erotic beauty for reproductive purposes – that selfish gene – and then, as though being whores weren’t enough, women were thrown into the immature flatlands of male needs where they were then expected to create synthesis. However, a bit of a power struggle later, women became those to not only seduce, but birth, nurture and support an entire family, if not society yet be given “jump for the carrot” freedom on body parts – by the very men they birthed!  How did America come to be like this? If American politics continue to enter the domain of a female’s sex life,  America has little to offer women of the next generation.

I’m drained from realizing Congress is really a bunch of men who can’t get their heads out of the female genitalia.  If they don’t pay to get in one they pay for others to stay out of one!  For the men who are playing around with this issue, women are only a piece of ass and little more, except maybe for their little girls who are a piece of ass for the boy next door. For women who support recent attacks on female rights in the name of being faithful to a God, I have no words, only disgust.

Reproductive rights, the womb, women’s health – all of it has to do with the absolute power this birth right gives to women; and patriarchy has never been stronger in modern America! As an American I am so appalled at this downfall of this great nation – that the womb and its ownership, the vagina and a woman’s health are on the table of political discussion rather than the real issues that need immediate attention, it all makes me want to throw up on Congress.

The bottom line to all this rhetoric is this: women have the power to veto men through sex and men don’t like that. Thank you Dr. Leonard Shlain for helping me understand this through your wonderful work, Sex, Time and Power (may you rest in peace) but how about a little help down here with the rest of the blind folks, eh?

The last time I checked, my kidney belonged to me and nobody could force me to do anything specific with it.  The main reason the womb is different is because it controls males’ sex lives.  The fact that women are under attack, in America, in 2012 stuns me.

Here’s my contribution to the debate: “Feminist War of 2012″.  I designed this back in 2007 or so and struggled with a proper title.  The Image just found its perfect match and almost sadly, its perfect time.

"Feminist War of 2012", ltd. ed. Giclee, 13"x19" by Tatiana von Tauber

Bonus material to chew on: 

Speaking of controlling women, this is an example of how women get screwed by men and the baby fantasy and how media uses them to make money to help glorify the chaos and continue the cycle.  See Kate Gosselin, mother of 8 now.

Great post and kick ass quote: The Body Politic, “This campaign needs more women and less gynecology” – Virginia Heffernan


CNN Debate: Should FCC Boot Rush Limbaugh From the Airwaves?

March 12, 2012

On the side of kicking him off the air, Jane Fonda, Robin Morgan and Gloria Steinem.

On the side of protecting his right to free speech, Marc J. Randazza.

This is not the same debate over whether the subject of his diatribe has a valid defamation claim against him. I wrote about that here.


Let’s Be “Newtly” Open

January 20, 2012

by Tatiana von Tauber

Would you find your spouse immoral if s/he asked you for an open marriage? If you’re like the general population, probably so and that’s because monogamy in marriage is so entrenched in our Judeo-Christian culture as the best way that it’s very difficult to pull out of such a norm; however, I believe Newt Gingrich showed a higher level of moral character than his current judgment dictates with respect to his second ex-wife, Marianne Gingrich’s disclosure he asked her for an open marriage.

In politics as in marriage a lot of things happen in the background that aren’t always in plain view. Mixing the desires of more than one individual requires compromises otherwise you’re left with lies for solutions. Just look at history for evidence.

By Newt Gingrich asking his second wife – now the ex – for an open marriage he actually proved his moral character via his ability to simply be honest about his feelings and desires and ask in spite of the backlash from what would traditionally be considered immoral (from their camp anyway).

This honesty is honorable. While the request may or may not be, there cannot be confusion between the difference of the request and the honesty which manifested it.

I suppose Marianne Gingrich would have preferred her ex husband to exhibit typical politician behavior and pin a little twinkie behind closed doors, then lie about it to his wife only for her to discover later he was a sperm donor too. Poleeze.

Some people prefer truth and others like the illusion. For me, a president who likes truth based on the situation at hand is a better choice than the cowardly liar – though at press time he’s denying the open marriage allegation but then that just shows you lies are the skin of politics.  Strip the skin and kill the beast.


Your morning after screw

December 9, 2011

By Tatiana von Tauber

And if Obama had two boys?

I’m deeply disappointed by the recent decision to eliminate easier access to the so called morning after pill by girls 17 and under. I fully get where Obama gets his mindset from. I’m a parent of 2 girls, one 13 and very pretty.

Obama’s decision to side with Health and Human Services Secretary Kathleen Sebelius who overruled scientists at the Food and Drug Administration was a poor one. While he’s coming from a good place, may be a good father and honorable in doing what he thinks most parents would want, he just missed to boat of doing what’s actually in the best interest of young girls rather than what’s in the best interest of a parents’ wish for young girls.  As far as HHS Secretary Kathleen Sebelius, may you have bad traffic and no easy access parking the entire holiday season!  And I mean that.

Nothing, and I mean, nothing is more important to me as a female than ensuring other females have rightful ownership of their reproductive system no matter what their age.  Without our womb, society can’t get very far. It’s the most powerful tool women have and thus, the rest is repeat history. 

State of the female union

The majority of young girls – exampled as 11 and 12 year olds for the poor reasoning labeled “common sense”  which aided the elimination of this pill over the counter,  aren’t that young often enough to discredit the good of the pill to older girls. It blatantly discriminates.  

While it would statistically occur perhaps, the numbers would be small to have  little girls, basically,  just head over to the supermarket by the condoms isle and buy a $50 pill.  This is so ludicrous that you have to be an idiot to side with it if not for political reasons. AND, if young girls did do that, then bravo for them taking pro-active measure to fix their screw up. 

Who to trust when adults don’t give you all the facts?

I have never seen an influx of pro-lifers opting to fund, house or care for the millions of unplanned children of the world.  embryos are great in utero.  They’re fresh potential to mold.  Religion needs followers and governments need taxes.  Someone has to produce human beings at all costs.

“The FDA did not have the data to support a decision of this magnitude,” said Rep. Joe Pitts, R-Pa. “The secretary pointed out obvious deficiencies in the research and acted in the interest of young girls.”

Really?  Of this magnitude?  This pill has been used for decades in Europe and the issue of great magnitude is the subtle and sly attempt to strip females of what has always been rightfully theirs. 

How to Fix this?

Here’s a suggestion then which truly does act in the interest of young girls:

How about yearly comprehensive sex education for boys and girls in the pubic school system mandated by federal and secular standards, not state.  In GA my daughter met several young girls who actually believed they could get pregnant from kissing!  This is sick in a country which claims such global superpower. 

What about introducing reasonably easy access to free or reduced priced condoms or birth control to under aged girls  instead of empty promises of abstinence whilst a nice hard cock stands to seduce.  Perhaps if we reframe the way we view sex and morality the morning after pill can be marketed as an “Oops! Did you miss your birth control pill last night? We understand the heavy responsibilities a vagina and womb bring, so we’re here to help. Plan B.  Here for you when Plan A bombs.” However, because it’s also used and known as an abortion pill, everything changes. 

If God was so intelligent, why didn’t he make it so menses began at 18?  If God can allow pre-teen girls to get a period, the intent is quite frankly, for them to reproduce.  The morality stick should be poking God himself, not our young females. It’s sickening that taxpayers fund government salaries and research to pay for morality treatments as we hush science, logic and individual freedom.


The Mark of Cain

November 3, 2011

Looks like Herman Cain is having a three way and not in the awesome sense.  A third woman has reportedly come forward with an allegation that Mr. Cain acted inappropriately toward her.  While I’m sure someday Mark might take a pro-sexual harassment case to the Supreme Court, arguing for the 1st Amendment right to be saucy, for now it is considered unlawful.

A side note to political candidates:  if you have a skeleton or three in your closet, reveal it yourself.  It will come out and you want to control the message.

Sexual harassment is a fascinating area of the law.  Sometimes, and rarely, it is blatant quid pro quo, the old casting couch.  Most times, it is something said that offended the listener, with some sexual or gender based content, that is deemed to have gone too far.  It’s like pornography, Rule 34 aside, you generally know it when you see it.  The hard fought cases are the ones where it is less clear.  According to the article:

she said Cain told her that he had confided to colleagues how attractive she was and invited her to his corporate apartment outside work.

Maybe that implied he wanted to sleep with her.  Maybe he was paying her a compliment and the invitation was platonic or business related.  President Obama is an attractive man and I’d welcome him to dinner at my house.  It doesn’t mean I want to become the First Lady by proxy.  As to the complaint Mr. Cain “settled” or reached an “agreement” on (synonyms to me, different to him), he states that it was about a comparison he made of a female coworker to the height of his wife.  If that was a pickup line, it is the worst ever; what woman gets turned on by a man who compares her to his wife?  I’m pretty sure that violates Ashley Madison’s own standards.  But, she may have taken it as such, and maybe that is what he intended.  There may be more to it, but he isn’t talking and she is bound by a confidentiality agreement.  Given both of these, and whatever the third is, you can see why these cases take a lot of lawyering.

As to the two that settled, it sounds like a year’s severance was given for one, and the other got something confidential.  A year’s severance is a pretty nice package; it’s not nuisance.  Confidentiality, on the other hand, does not imply a large settlement; some companies demand it even for nuisance suits.  They don’t want to set any form of precedent.

Some commenters have suggested she breach the confidentiality clause.  That is a huge no-no.  She’d likely have to repay the money, and the statute of limitations has run on filing a claim.  Plus, she’d probably owe attorneys’ fees.  And we’ve all seen how much it sucks to be hit with attorneys’ fees.  Others have suggested Mr. Cain is violating a non-disparagement clause.  My guess is: no.  Like confidentiality clauses, these are typically one sided.  An employee might get a neutral reference clause, but it usually isn’t as broad as the non-disparagement clause given to the employer.

My advice to Mr. Cain:  don’t blame Gov. Perry or Romney.  Air your dirty laundry now.  And watch what you say in the future.  I don’t want to hear any claim that “is” is ambiguous.

 


Can Connecticut take porn from its prisoners? Should it?

October 17, 2011

Many concerns come to mind when someone thinks about spending time in prison.  First and foremost, there is always the risk of being shanked with a very, very sharp toothbrush.  For the financial criminals, there is the distinct shame of being bested by Bernie Madoff in a game of badminton.  This is to say nothing for the fable of being made someone’s bitch. But what about a lack of porn?

Connecticut’s prisons were very tolerant of pornography in its prisons until recently. (source.)  Now that the Connecticut prisons are pulling the plug on this entertainment, the inmates are threatening to sue.  This is not isolated to the Northeast, either, as a Michigan man filed suit over a guard’s refusal to provide him with pornography, claiming the guard’s action violated his constitutional rights. (source.)

Not to put too dull of an edge on it, but prisons can basically do what they please to inmates. Correctional facilities have staked out the lowest standard of review available under law.  Prisons can enact policies that run counter to prisoners’ First Amendment rights as long as the regulations are rationally related to a legitimate penological interest, a standard that has consistently led to judicial affirmation of anti-pornography policies in the big house. Thornburgh v. Abbott, 490 U.S. 401, 413 (1989); Smith v. Dept. of Corrections, 219 Or. App. 192, 198, 182 P.3d 250 (2008).  In contrast, the next-lowest standard of review – and generally the lowest for non-prisoners – is rational basis review, where a government action must be rationally related to a legitimate governmental interest to be constitutional (and intended as such – no post hoc analysis is allowed).

Courts review a prison’s limitation on the inmates’ First Amendment rights by using the three-prong reasonableness test enunciated in Thornburgh:

  1. whether the governmental objective underlying the regulations at issue is legitimate and neutral, and whether the regulations are rationally related to that objective;
  2. whether there are alternative means of exercising the right that remain open to prison inmates at de minimis cost to penological interests; and
  3. the impact that accommodation of the asserted constitutional right will have on others (guards and inmates) in the prison

490 U.S. at 414-18 (citing Turner v. Safley, 482 U.S. 78, 85 (1987)); Owen v. Wille, 117 F.3d 1235, 1237 (11th Cir. 1997).

As seem in prong 3, rehabilitation interests of prisoners are not all that may be, or is, considered when evaluating these policies.  Courts have found that preventing the harassment of employees who work in the prison is a valid justification for a limitation on sexually explicit materials among inmates. See, e.g., Mauro v. Arpaio, 188 F.3d 1054, 1059 (9th Cir. 1999).

The reach of these policies has been broad. In Washington v. Werholtz, 2008 WL 4998689 (Kan. App. 2008), the Kansas appellate court upheld a policy that banned all sexually explicit material, which included any display, actual or simulated, or description of a variety of acts, including intercourse and masturbation.  While such a policy will cover Larry Flynt’s oeuvre, it will also ban trashy romance novels and some important works of fiction, such as L’ Histoire d’ O.

As long ago as 1989, Iowa grappled with this issue, which made its way into the New York Times.  Under Iowa’s policy, only inmates who had been psychologically screened and approved to view the material – with prisoners whom prison psychologists believed would be obsessed with the material being denied access to it. (source.)  The policy drew a bizarre distinction between how various forms of pornography were treated; inmates who could view porn were allowed to keep “soft-core” content in their cells, while hardcore content was only viewable in a well-supervised reading room.  One then-inmate complained that the reading room was impossible to enjoy under this policy, as the guards filed through the area as if it were a freeway – denying him any privacy in which to evaluate the materials.

In 2006, Indiana instituted a similar policy.  The Indiana Commissioner of the Department of Corrections previously explained that state’s pornography prohibition as something in the interest of both inmates and facility employees.  The Commissioner’s explanation appeals to stay at home moms everywhere, exempting medical and anthropological instances of nudity, but adopts an “I know it when I see it” definition of pornography. (source.)  Ultimately, Indiana’s restrictions amount to subjective, content-based limitations determined by what individuals find stimulating, as opposed to some objective standard by which the content can be evaluated, such as penetration. (Id.)

I strongly disagree with these policies.  While I have not been incarcerated in prison, I question the harmful effects pornography can have on its inmates, and am deeply troubled by the broad sweep that these policies can have – swallowing up non-explicit materials that have considerable value.  While prison exists to deny agency to its inmates, one cannot help but wonder if these policies beg the question about pornography’s supposed harmfulness.  In fact, research shows that more porn = less rape.  While there are other covariants at play, as everyone who has read Freakonomics knows, the results of isolating pornography and analyzing the porn-rape relationship have been in porn’s favor.  Beyond rape, the gratification of pornography may replace or inhibit other criminal or undesired activities as well.  In short, the premises that prison guards’ penological interests rest upon – that porn is bad and makes people do bad things – are beginning to be proven as bullshit.

When I debated the Indiana commissioner on Fox News, his rationale was to “promote public safety in Indiana.” Give me a break. Is Mary Homemaker “safer” because a convict doesn’t have a porn mag? He also stated that he wanted to see his prisoners devote their time to more constructive pursuits. This being Fox, I didn’t get a chance to cross examine him, but I presume he didn’t mean ass-raping one another. The biggest load of bullshit he slung was the meme that prisons need to ban porn because they want to promote a non-harassing environment for prison guards.

Seriously? You want to be a prison guard, but you can’t handle the sight of a guy reading Hustler? I got news for you if you’re “offended” by the sight of a guy jacking it to porn — you can’t handle being a security guard at a candy store, let alone being a prison guard.

The rationale for these bans clearly has nothing to do with “safety,” and it has nothing to do with the feminist-imposed “hostile work environment” bullshit. It has to do with an erotophobic attitude, fostered by superstition, and then fertilized with the crap of cheap political points.

Nonetheless, prisons have erected a high wall around themselves, their guards, and their asinine policies.  In a way, it is logically consistent for an enterprise that exists largely as a consequence of unjust and counterproductive policies such as the war on drugs to have special legal protection allowing it to further screw the people entrusted to its care. See Thornburgh, 490 U.S. at 407 (describing moden prison administration as an “inordinately difficult undertaking”).  As such, challenged to these policies, however well deserved and meritorious they are, seldom succeed.


Brazil denies reality, considers banning racy lingerie ad

September 28, 2011

By J. DeVoy

It has not been a good week at Tom Brady’s house.  First the Patriots lost to the Buffalo Bills, perennial failures and four-time consecutive Super Bowl losers, and now Brady’s better half, Gisele Bundchen, might have her ad for an intimate apparel company banned in Brazil.  Sure, she probably got paid already, but it doesn’t auger well for repeat business.

Naturally, feminists are to blame.

Brazil’s Ministry for Women called Wednesday for the suspension of a television ad featuring lingerie-clad supermodel Gisele Bundchen, saying it reinforces the stereotype of women as sex objects. (source.)

On one hand, the Latin world is very machismo and I can see why this would be a concern in some areas.  To the extent women want to work, they shouldn’t have to face constant degradation and criticism.  Although, if they don’t  have to work, that seems like a pretty sweet deal.  I’m still looking for my sugar momma so I can strike out “Have Career” from my calendar for the next 40 years and replace it with something like “do Ketamine and watch Dr. Who.”

On the other hand, it’s an ad, and sex sells.  Sex especially sells lingerie, which exists to encourage sex in the first place.  You can’t really divorce sex from this product unless you have Ben Stein deliver some kind of monologue about the undergarments’ erotic qualities.

The TV ads [depicting Bundchen in lingerie and heels as she explains to her husband that she wrecked the car, exceeded her credit limit, etc.] send a message “that sensuality can melt any man” and “encourages Brazilian women to use their charms… to minimize the reactions of their husbands,” the ministry said. (source.)

Point of information: This is true.  Does anyone seriously dispute this?  One can still be “equal” and play to their strengths.  in fact, this is the kind of approach we should be encouraging with women, as opposed to training them to rationalize every error to be someone else’s fault, and to charge into any disagreement as if it’s a contentious arbitration.  Know what the latter approach has made women?  Miserable.  Baking cookies for your husband before telling him you wrecked his credit is not that bad of a tactic for all involved.  As they say, if you’ve got it, flaunt it.

The Ministry for Women’s argument rests upon flawed logic, assuming that women must choose between “independence”  (which ironically entails working for someone else most of the time) or supplicating their men by acting sweet and feminine.  Both can coexist, and Brazil’s women will not have to choose between having long hair and soft voices or possessing any degree of self-sufficiency.

Economically, the suppression of beauty benefits those who lack it (whether absolutely or relatively).  It’s why middle-aged women hate their husbands watching porn, and obese girls chide skinny ones for looking “unhealthy,” telling their waif peers that they “should really eat a cheeseburger” — or four.  I can understand the desire to maximize one’s market position, especially when it’s held by only the most tenuous grasp.  But don’t gussy it up as being “for women’s own good.”  Just like every other charlatan who screams that some sweeping restriction of freedom is “for the children!” – or just “terrorism!” – the people pushing this agenda are full of crap, and nobody with firing brain synapsis should listen to them.


Two chicks making out…

September 26, 2011

…is apparently not allowed on Southwest Airlines. (Source)

It is allowed, and encouraged, on The Legal Satyricon.


Do you know who Ruth Orkin is?

August 19, 2011

By Tatiana von Tauber

Ruth Orkin's "American Girl in Italy"

Recognize this photo?

Ruth Orkin photographed it in the early 50’s after meeting another young woman, Ninalee Craig (the model) in Italy while traveling solo.  Together they attempted to capture the experience of traveling alone in Italy. 

Some have claimed this photo is a symbol of harassment.  While Craig claims it’s a symbol of having a “wonderful time”  (source), I think it’s more a symbol of the kind of power feminine beauty has in Italy – and not much has changed in 60 years.  In Germany guys don’t make gestures, in America construction worker comments have killed the romantic potential but in Italy and in France, there still exists a “romance-worship” to the female.  With that comes a level of sexualization, sure, but when placed into the correct context, it’s a turn on rather than any symbol of harassment.  This photograph is a compliment.

By default of existing we are looked at.  Where some see judgment other see compliment.  If more men weren’t afraid of being accused of sexual harassment when none was intended more women might enjoy the compliment of a whistle or two.  Attention isn’t always comfortable but no attention for too long makes for an old, bitter maid.


Jessica Valenti doesn’t understand the Streisand Effect

July 1, 2011

By J. DeVoy

Imagine if there was an online database of killers, child abusers, bigots, rapists and liars – and they were all women.  Now there is!  Register-Her.com, a project started by Paul Elam, a men’s rights activist and contributor to The Spearhead, uses a wiki-style webpage to consolidate locally and nationally reported facts about women whose documented wrongs range from murder to false rape accusations. [Disclaimer: Like Elam, I also contribute to The Spearhead.]  This is SRS BUSINESS.

One of the first additions to the site as a “bigot” is feministing’s own Jessica Valenti.  Merriam-Webster defines a bigot as “a person who is obstinately or intolerantly devoted to his or her own opinions and prejudices; especially : one who regards or treats the members of a group (as a racial or ethnic group) with hatred and intolerance.”  Without dignifying Valenti’s oeuvre with my attention, this sounds accurate.

If a tree falls in the woods, does anyone hear it?  If Jessica Valenti didn’t shriek like a harpy about “misogyny,” would so many others know about Register-Her.com?  Rather than letting this roll off her back with the cool disposition of an empowered, independent blah blah blah… woman, she posted this YouTube (which, admittedly, I have not watched to completion).

Result: More people know about the site.  Also, male advocates are increasingly stepping out of anonymity, contrary to Valenti’s assertions.  Paul Elam’s real name is… Paul Elam!  My name and identity are well known, and I’m on the record opposing anonymity in advocating men’s issues and any other controversial position  — though I understand and respect why others employ it.  Crime & Federalism offers a counterpoint on the issue here.  I rather enjoy this and, as far as I know, the “basement-dwelling virgin” meme has never been attached to me.  In fact, the biggest critics of women I’ve met are people among the best looking and most successful with women that I know.  In contrast, the basement-confined and virginal types tend to supplicate women and resent men who are successful with women, turning on them for the smallest of reasons (like in the case of Dominique Strauss-Kahn — come on, “forced” oral sex wasn’t a red flag of falsity?).

Just like when Barbara Steisand’s shrill howls – and not even her singing – drew attention to photos of her Pacific mansion online, Jessica Valenti’s plaintive whines drive more eyes to the site.  If she had just shut up, the damage would have been limited mostly to the men who would have found the site anyway – preaching to the choir.  Realizing that the damage was done, Valenti is now trying to scrub the internet of any trace of her existence, seeking the anonymity she criticizes men for using to voice their opinions.  I hope Reputation Defender is still in business!

But enough about a bitter, angry shrew who has to live not only with herself, but also a younger, neckbeard beta husband.  The new site itself, Register-Her.com, is a more worthy topic of discussion.

Is it fair for Register-Her.com to exist?  The Atlantic tells us that it’s the “End of Men.”  Women already kvetch and attack men’s reputations on Don’t Date Him Girl.  There’s no need for free speech to be “fair,” since its mere availability levels the playing field.  This new website fills a void in beating back the myth of intrinsic female virtue, though.  I clicked around to see what the site was about and found that each article is a recitation of sourced, cited and publicly available information.  In some cases, the women profiled in the articles are described in their very own words.  While the site was designed to be provocative, it was not created with the intent to hurt those named within it for the sheer purpose of inflicting pain.  Plus, there are limitations of liability inherent in the site’s design and operation.  Section 230 protects the site’s owner from liability for content posted by others.  To the extent others’ content may wind up on the site, such as a mugshot or screen capture, they tend to be government works – which are not subject to copyright – or tiny snippets of news articles that are almost certain to constitute fair use — assuming the articles’ factual elements can even be copyrighted.

As for litigation that can be pursued against the site… what, exactly?  Where is the disclosure of public facts when all of the site’s information is available from other online sources?  What unreasonable attention has been brought to someone’s private life?  How is aggregation of the news shocking or extreme conduct — especially when Register-Her.com is a republication of what others have written?  I’m confident Elam has the compassion to remove an entry if there’s a good reason to do so, but it is unlikely that reason would be expressed via litigation with even a remote chance of success, even as a SLAPP suit.

I’ve no doubt that this is far from the end of whining and gnashing of teeth over Register-Her.com.  More will come as the site’s contents work their way up Google’s search algorithm.  All they will do, however, is make the site more well-read and well-known. (See also Juicycampus.com (RIP).)


Grady Judd, at it again, in America’s Wang

June 16, 2011

By Marc Randazza

Following a three-month-long investigation of Theresa and Warren Taylor – Theresa being better known as “Kimberly Kupps” – the Polk County sheriff arrested them both on charges of promotion and distribution of obscene material.  The crime?  Creating pornography in their own home, then selling it both on their paysite and the popular distribution site clips4sale.com. (Source.)

Sadly, this is par for the course in Polk County.  The same Polk County where Philip Greaves, then living in Colorado, was indicted on obscenity charges for writing a book concerning pedophilia.  Let’s not forget the 15-year-old who was suspended from using the bus for three days after he passed gas on it.  And then there was the antique store owner who was charged with obscenity production for taking nude photos of willing participants – even if, at first blush, child porn charges may have been more appropriate.  Maybe I have Polk County all wrong and this is all the doing of dedicated gestapo fuckhead Sheriff Grady Judd.  But then again, Polk County is home to all the drooling, meth-addled retards who keep electing him.

It would be comforting to write this off as another Judd-ism, write a blog post about it, and put the incident behind me.  I don’t even live in Florida anymore; to hell with the place.  This case, however, goes too far.  Consenting adults, in the sanctuary of their own home, filmed themselves having sex — and by all accounts, the content they produced was pretty vanilla (e.g. no fisting, no watersports, no extreme bondage or BDSM, etc.).  In addition, the couple wasn’t exactly rolling in dough from this venture: by available reports, their porn activities brought in $700 per month. (Source.)
Enough for a few nice meals, sure, but not enough to finance a credible criminal defense.

Never one to let common sense or the First Amendment to come between him and a camera, Judd went to the press shortly after these arrests. Fox 13 had the initial interview.

“We want a wholesome community here, we don’t want smut peddlers,” Judd said, “and if they try to peddle their smut from Polk County or into Polk County we’ll be on them like a cheap suit.”

[...]

“They should heed the warning: If you engage in creating or selling obscene materials we are going to lock you up, and we enjoy that,” he said.

The profundity and wisdom of Judd is matched only by Yoda himself.  The last time I checked – I’m only a First Amendment attorney – “smut” is not a prohibited form of speech, much less a recognized category of speech.  Child porn is not protected by the First Amendment.  Nor is obscenity.  Smut, whatever the hell it is defined as, is protected by the First Amendment, as is everything not falling within the child porn and obscenity exclusions.  I’ll refrain from picking the low hanging fruit pointing out the hilarious irony of a peckerwood inbred like Judd mocking a cheap suit.

To Judd, this is a big game. He “enjoy[s]” when he can “lock you up.”  He’s not going to let a few founding principles get in the way of getting his jollies.  After a perusal of my prior coverage of Polk County affairs, I realized I’d left something unsaid that I want to say right now.

Grady Judd: fuck you.

And to the people of Polk County who enable this kind of bullshit for decades on end, fuck you, too.

When I’m not blogging, I’m busy running a law firm, Randazza Legal Group.  You may have heard of it; I have the privilege of defending bloggers, decorated war veterans and porn companies from attacks on their free speech rights.  I do not represent Mrs. Taylor or her husband.  I will, however, be making a donation to their legal defense fund.

I encourage everyone else who values free speech to do the same.  Inability to pay should not be a barrier to justice, especially in a case like this where the fundamental right to free expression is at stake.  Making only $700 per month from their adult business operation, Judd probably just expects the Taylors to roll over and plead guilty – quickly.  They shouldn’t, and we shouldn’t let them.  I do not know if this will be the case, but it’s time for someone to end Grady Judd.  Not to beat him, to ruin him.  To bescumber his legacy and make his name forever synonymous with the worst, most oppressive kind of home-grown terrorism that he’s inflicted onto the people of Florida, deserving though they may be, for decades.  I want him to have a forced, miserable retirement, and his children to quickly – in hushed shame – change their last names when he dies, to forever bury the shameful association.  It is long past time for Judd to be forced into the outhouse where he spends most of his time secretly thumbing through a crusty Fredericks of Hollywood catalogue from 1977, panting while doing so, forever. (Proverbially! rhetorical hyberbole ftw.)


The Magic Underwear State vs. Sexytime

May 23, 2011

Utah, apparently a hotbed of prostitution, appears to have had some trouble enforcing its anti-solictitation laws. Under Utah law, “solicitation” is defined as follows:

76-10-1313. Sexual solicitation
(1) A person is guilty of sexual solicitation when:
(a) he offers or agrees to commit any sexual activity with another person for a fee; or
(b) he pays or offers or agrees to pay another person to commit any sexual activity for a fee. (source)

That wasn’t good enough for the Utah legislature.

A new law that went into effect this month broadened the definition to include any person who indicates through lewd acts, such as exposing or touching themselves, that they intend to exchange sex for money. (source)

Think about that. If someone “indicates” that they “intend” to exchange sex for money… so much for any productive strippers. For that matter, so much for any first dates.

Of course, lets look at the rationale for the law…

Utah House Minority Whip Jennifer Seelig, D-Salt Lake City, who sponsored the bill during the 2011 legislative session, said she worked with many different groups, including defense attorneys, to iron out legal issues with the law.

The intent is to target prostitutes, especially underage ones who are forced into the sex trade and trained to evade arrest, Seelig said. The arrest would be the first step in helping them get off the streets, she said. (source)

Ah yes, the underage sex slave myth. Every time you see a restriction on civil liberties pushed by someone with a religious or feminist agenda, you’ll find this bullshit at the bottom of the glass of Kool Aid they just asked you to drink.

Fortunately, my First Amendment Lawyer’s Association brother, Andrew McCullough, is fighting the law.

Andrew McCullough, an attorney representing the escort services in the lawsuit filed May 9, said the law is so broad that it could allow police to arrest licensed employees of sexually oriented businesses, such as escort services or strip club dancers, for doing their job.

The expanded law includes language that makes a person exposing their genitals or touching themselves sexually an indication that they are offering sex. Those acts are legal in Utah for private strippers.

“Most girls who touch their breasts are not telling you they’re open for sex,” the attorney said. (source)


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