WSJ Law Blog: Is McCain-Feingold Going the Way of the Dodo?
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Jehuda
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Jehuda
A round-up of related posts, at Moe Lane’s.
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(H/T: Instapundit)
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Legal Insurrection: Ad banned in the UK due to…politically incorrect content?
Fortunately, here in the States political correctness is not a factor a court would consider when evaluating a legitimate restraint on commercial speech. Some commercials would be very boring otherwise.
Another interesting legal question related to advertising: Can TV stations refuse to carry advertising?
They may not be able to refuse to carry some advertising if the Fairness Doctrine returns…
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Thomas Mitchell: The Supreme Court should declare McCain-Feingold unconstitutional.
Via RCP.
UPDATE: Forgot to include the link! Sorry about that. Fixed.
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WSJ: Time for the Supremes to overturn McCain-Feingold.
Amen to that. I remember when MF became law. No one thought it would go unchallenged for long. It’s been less than a decade since then. I hope it finds its end here.
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Jehuda
Peter Glover: Islamic States Push UN to criminalize criticism of Islam.
The UN resolution in question “deems offending Islamic sensitivities a ‘serious affront to human dignity’” among other things. Absurd. Now hurting someone’s feelings is a criminal act?
Not that this would become law everywhere, UN resolutions being what they are. But it could become law somewhere. We all remember what happened to Mark Steyn in Canada (of all places!). A little bit of Sharia by proxy.
But what is most alarming here is how the UN is being used to give an air of respectability to the intolerance of divergent points of view. Alarming, but not surprising. The UN is the biggest anti-semitic club in the world, after all.
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Supremes seem prepared to rule for producers of Hillary: The Movie.
I hope so. McCain-Feingold’s restrictions on political speech are simply unacceptable.
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New Zealand’s chief censor wants to jail parents who break video game age limits.
Via GamePolitics.
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Violence is not obscenity, said the Court.
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You know trust in politicians is at its lowest when a statement of support for the President has to be qualified with the words “if true”.
Sadly, I think it’s a safe bet that the Professor is simply typing out what we are all thinking. Even Obama boosters aren’t immune: we are all skeptics now!
I never thought I’d say this, but Bill Clinton inspired much more confidence in me than Obama does. And I’ve always had serious reservations about Bill Clinton’s sincerity about anything.
Sigh. It’s going to be a long 4 years…(at least I hope it’s only 4 years).
UPDATE: No Fairness Doctrine? Dan Riehl is beyond mere skepticism on this one.
ANOTHER UPDATE: Obama’s perception by public “sky high”. Sure it is, if you are willing to listen to that America.
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Some frustration from NBC’s Chuck Todd over the impermeable White House bubble.
Come on, Chuck. The press largely let Obama get through the campaign with minimal scrutiny. And you really thought he would become Mr. Openess once he became President?
Via RCP.
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Are you on the list? WSJ: Reporters allowed into Obama’s press conference were selected in advance.
Now THAT is Change! Turning the White House Press Room into the Beltway version of a Hollywood nightclub. I wonder who carries out bouncer duties. Rham Emanuel perhaps?
I take it access won’t be contingent on how hot or fabulous you look, though, but on how friendly your questions are.
Could this possibly be a 1st Amendment violation? After all, the White House Press Room probably qualifies as limited public forum, no?
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A “stealth” Fairness Doctrine in the works?
(H/T: Drudge)
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U.S. News: Bits and pieces leaked by “various sources” during Obama’s talk with congressional Republicans. Take it with a grain of salt. It’s all anonymous.
Sounds like a bunch of sweet nothings to me. And I’m not just saying that. Obama always talks a good game, but the bottom line is he won’t decide what goes on the stimulus legislation. That is up to Pelosi and Company.
Keep in mind Democrats and Obama don’t need the GOP House membership’s vote to pass any stimulus. If they want GOP votes at all it’s for cover in case the bill fails to stimulate anything.
Meanwhile, the Democratic Congressional Campaign Committe is not taking any chances with Rush Limbaugh. I think it’s a bad idea. Not to mention such practices are anathema to principles of free expression. Just another instance of Liberal Fascism
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(Via Drudge)
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Eric Holder has indeed had a distinguished career, but in between his recommendation of Marc Rich’s pardon by Bill Clinton and, his key role in the Elian Gonzalez raid, his position on gun control, and his support for “reasonable limits” on internet speech, I’m “neutral negative leaning to no” on his nomination for Attorney General.
I still doubt Obama will remove his nomination or that the Senate won’t approve it. Alas.
(H/T: Intapundit)
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Some Democrats could be seeing that possibility.
Welcome back, Fairness Doctrine! (Not)
What an affront to free speech, really.
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No decision yet from the 9th Circuit, but California’s Attorney General’s office seems intent on taking this all the way; and so do the videogame industry lawyers, who are arguing this new law infringes on the First Amendment.
Via GamePolitics.
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Via Instapundit: the ridiculous “Human Rights” Tribunal of British Columbia acquits Steyn and Maclean’s in what shall go down – sadly – as one of the most absurd quasi-legal proceedings in the Anglosphere’s history.
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Five games have been banned in Thailand since that cabbie mugging was blamed on Grand Theft Auto IV
.
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The RIAA is watching: A California man arrested yesterday for allegedly uploading nine unreleased Guns n’ Roses songs could face from 3 to 5 years in prison if convicted. We’re talking felony here. That’s a high price to pay for sharing a tiny bunch of MP3′s.
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Professor Rick Hasen, in one of whose classes I actually sat while in law school, analyzes on his blog whether there is anything illegal about the American Issues Project and the ad tying Obama to Bill Ayers.
Hat Tip: Ben Smith at Politico.
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It’s always open season on media – and expression – somewhere.
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Another reader tip-off: A study concludes that books, films and TV shows such as Buffy the Vampire Slayer and their depictions of Wicca have led to a serious decline among the Church of England’s female worshippers. Hmm.
Church attendance all across the EU nations has been eroding for decades. And Wicca was well-known way before Buffy‘s pilot ever made air.
Next thing you know, violent video games are going to be blamed for violent crime.
Oh, right. That’s already happening. My bad.
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Seems to be the trend now.
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Pandora may be history, unless the webcasting royalty hike from over a year ago is pared down soon.
That’s too bad. Pandora got me through many an hour in the law school library whenever I got tired of listening to my iTunes library.
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Gamepolitics sets the record straight on the topic of alleged video game-inspired crimes in America. I discussed the related cabbie murder here.
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Gamepolitics has excellent coverage of the Bangkok cabbie murder which was allegedly inspired by Grand Theft Auto IV
; and about its aftermath.
Many people feel threatened by the violence in today’s video games. This perceived threat is leading governments worldwide – including state governments in the U.S – to introduce regulations that amount to little more than government censorship at worst and making it harder for video game publishers to do business at best. It’s regrettable. This sort of legislation is often based on misperceptions and generalizations. Gamepolitics and its parent organization – the ECA – is committed to that point of view, among other things, and to not letting this bias get in the way of gamers’ rights.
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Apropos of the Comcast internet-blocking kerfuffle, the Electronic Frontier Foundation has released an ISP testing tool called Switzerland designed to determine whether your internet service provider is reducing your bandwith intentionally.
I’m not a bandwidth hog. Not yet, anyway. I expect that as more and more movie content is delivered via the internet, those of us who watch movies at home regularly will end up using more and more bandwidth as we wean ourselves off DVD’s.
Warning: Switzerland is still at the Alpha stage and apparently aimed at the more knowledgeable user.
Hat tip: Gamepolitcs
