5 Myths about Free Speech

I support the goals of the Occupy Movement but I also think it's important to understand the law with regard to what is and is not permissible.  One of my favorite legal writers has a terrific post on the Verdict.Justicia.com site.  Much as there is considerable confusion over the difference between "free exercise" and "establishment" with regard to religion, there are myths surrounding free speech (as Snyder discovered in Snyder v Phelps.)

To sum up:

Myth No. 1:  The Expressive Intent or Motive of the Protestor Is the Most Important Factor in Determining Whether His/Her Speech Can Constitutionally Be Prohibited.


Myth No. 2:  Laws Regulating the “Time, Place and Manner” of Speech in a Content-Neutral Way Are Unimportant or Are a Pretext for Speech Suppression, and Thus Do Not Really Need to Be Enforced.


Myth Number 3:  Expressive Conduct Is Treated No Differently Than Pure Speech Is.


Myth Number 4:  The Authorities Could, if They So Chose, Cut Protestors a Break When the Protestors Are Trying to Speak Out on Important Issues to Accomplish Just Results.


Myth Number 5:  Even if Rules Have to Be Enforced By Ordinary Governments, University Campuses Are Special Places Where More Expressive Conduct Should Be Permitted.

Beautiful Lie the Dead by Barbara Fradkin

Excellent police procedural that takes place in Ottawa with stops in Montreal and smaller Canadian towns  as Inspector Green marshalls the members of the Major Case Squad to locate a woman missing, but feared dead, only to discover the relationship between her fiance, the rich mother, the man’s long dead father, and a woman, later identified as Lise Grevelle,  found dead on the street who had known the missing woman.


To say any more would turn this into a spoiler. Very enjoyable, well written, suspenseful, and seemingly realistic police procedures.

Publishers begin removing DRM from ebooks, smashing walls on Amazon “walled garden”

Interesting. DRM is coming down as much to punish Amazon as for the right reasons. Ironic because publishers were the ones who insisted on it in the first place and provided Amazon with the tool it needed to lock people into the Kindle.

More comments from Charles Stross on DRM here.  A quote: "The two current tablet/smartphone market incumbents are iOS (Apple) and Android (Google). (Microsoft is making a come-back attempt with Windows 8 Mobile, but is fighting an uphill battle.) These are essentially competing software platforms, like MacOS and Windows in the late 1980s. However, just five years ago, none of these platforms existed; the market was dominated by PalmOS, Symbian, and Microsoft's dead PocketPC platform. I therefore conclude that it is a really bad idea to make assumptions about the devices customers will own in even 3 years' time."

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Bail is Busted: How Jail Really Works - Page 2 - News - New York - Village Voice

Bail is Busted: How Jail Really Works - Page 2 - News - New York - Village Voice:

 " The arraignment is the moment when an arrestee becomes a defendant, when he's handed off from Jerry Orbach's realm of Order to Sam Waterston's world of Law. Interestingly, most court procedurals on film and television spend little time on the arraignment, if they show it at all. As a result, most people have little understanding of what actually happens at an arraignment. And that's too bad, Steinberg says, because "the arraignment is actually the most important proceeding in the entire process. What happens in the arraignment determines everything that comes afterward."

David Feige is quoted. My review of his excellent book is here

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MERS, Banks Call A.G.’s Suit Factually, Legally Deficient | Foreclosure Fraud - Fighting Foreclosure Fraud by Sharing the Knowledge

MERS, Banks Call A.G.’s Suit Factually, Legally Deficient | Foreclosure Fraud - Fighting Foreclosure Fraud by Sharing the Knowledge:

The elephant in the room, it seems to me, is title ownership. I’ve told all seven of my kids that for the foreseeable future they shouldn’t even consider buying a house until the banks can prove they actually have clear title to a home and that it’s registered with the appropriate county clerk. The way mortgages were tranched and split up I seriously doubt if anyone could guarantee clear title. Fortunately, I bought a house to live in, rather than as an investment, and it’s totally paid off, no mortgage. You might ask about title insurance? That’s a joke. If the title company that insured your mortgage’s title is purchased by another company, they are under no obligation to do anything should there be a challenge to the title. This happened to me when we took over the mortgage to my daughter’s house and then sold it. The County Clerk where the deed was registered said it was missing a particular paper which had not been filed. The title company used at the time of the transfer had been purchased by the title company doing the work on the sale and they refused to have anything to do with the problem. Fortunately, my daughter had kept all of her paperwork, had the needed form, and we were good to go. If she had not had that form, I doubt if the sale would have happened. Houses are to live in, not to use as an atm. If they gain in value over 20 or 30 years, that’s fine, but it should not be the primary reason for buying a house.

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