Quotulatiousness

May 30, 2013

A valuable lightning rod – Eric Holder as Attorney General

Filed under: Government, Law, USA — Tags: , , , , — Nicholas @ 09:27

In the Daily Beast, Nick Gillespie explains why Eric Holder may not be the worst attorney general ever, but he’s doing exactly what an attorney general is expected to do — taking heat off the president:

Eric Holder may not be the worst attorney general in American history, but he is the most recent — which amounts to nearly the same thing.

Despite its exalted status as the nation’s “top cop,” the job is best understood as a dumping ground for intermittently competent bulldogs who take out the president’s trash and act as his public-relations human shield. That was the basic duty of George W. Bush’s troika of torture apologists: John Ashcroft, Alberto Gonzales, and Michael Mukasey. Ashcroft went so far after the 9/11 attacks as to argue that dissent itself verged on the unconstitutional.

[. . .]

There’s no reason to believe that Holder will be sent packing anytime soon or that he’s somehow at cross-purposes with the president. Obama has voiced nothing but support for his attorney general, which means that there’s every reason to keep questioning Holder’s truthfulness. One of his first actions upon taking office was to underscore the Obama administration’s position that federal resources would not be targeted at medical-marijuana users and providers who complied with laws in states where the stuff is legal. The result? A record number of raids against medical-marijuana dispensaries in California and elsewhere in Obama’s “war on weed.” And yet Holder continues to insist, as he did last year before Congress, that “we limit our enforcement efforts to those individuals and organizations that are acting out of conformity with state laws.” So Holder is either out of touch with reality or following a script scribbled together in the Oval Office. Neither prospect is comforting given that Obama’s DOJ has yet to state its position regarding the full legalization of pot in Colorado and Washington state.

It’s daunting to remember that Holder served as a deputy attorney general in Janet Reno’s Justice Department during the Clinton years. What lessons in self-preservation and executive-branch overreach might he have learned under Reno, the second-longest-serving attorney general in American history and surely one of the worst?

Recall that Reno was at best Clinton’s third pick for the position, being selected only after his first two selections were undone by revelations that they had employed illegal aliens as nannies. Reno’s tenure was marked by horrifyingly misguided law-enforcement debacles such as the deadly standoff between federal agents and the Branch Davidians at Waco, Texas, and the armed raid to separate 6-year-old Elián González from his American relatives and return him to his father in Cuba. But she held on as a political lightning rod, absorbing political punishment before it could reach her boss.

Latest EU legal move may drive support to UKIP

Filed under: Britain, Europe, Law — Tags: , , , , — Nicholas @ 08:13

Mats Persson explains why Nigel Farage and UKIP may see a spike of support when the latest legal challenge gets going:

The European Commission will today take the UK to the European Court of Justice — the body meant to police the EU treaties — over its rules on EU migrants’ access to benefits. The Commission says the UK’s so-called “right to reside” test — a filter used to make sure that EU migrants are eligible to claim benefits — is illegal under EU law as British citizens pass it automatically. The UK Government is disputing this claim saying it is clear that the UK rules “are in line with EU law.” In other words, the folks in Brussels are about to throw a hand grenade into the already red-hot domestic EU debate.

The legal details around this case are hugely complex as are the rules governing EU migrants’ access to benefits […] But essentially, this is about the EU’s one-size-fits-all model sitting poorly with the UK’s ‘universalist’ welfare system, which is largely made up of means tested benefits rather than contribution-based benefits — unlike many other systems in Europe. The UK government feels it needs a filter — practically and politically — to make sure migrants come here to work rather than to claim benefits. Legally this is a grey area but it’s clear that the Commission is taking the strictest interpretation.

As I’ve argued before, claims that EU migrants come here in droves to claim benefits are widely exaggerated — and free movement of workers has been largely beneficial for the UK and Europe. However, it’s clear that the combination of immigration, Europe and benefits is one of the potentially most toxic ones in modern day politics, so needs to be treated with kid gloves. Even if all the evidence suggests EU migrants are less likely to claim benefits than British citizens, the perception of “benefit tourism” is still absolutely explosive.

May 29, 2013

Lessons learned in the post-Napster era

Filed under: Business, Law, Media — Tags: , , , — Nicholas @ 16:25

At TechDirt, Mike Masnick discusses the things we learned from Napster:

Last fall, law professor Michael Carrier came out with a really wonderful paper, called Copyright and Innovation: The Untold Story. He interviewed dozens of people involved in the internet world and the music world, to look at what the impact was of the legal case against Napster, leading to the shutdown of the original service (the name and a few related assets were later sold off to another company). The stories (again, coming from a variety of different perspectives) helps fill in a key part of the story that many of us have heard, but which has never really been written about: what an astounding chill that episode cast over the innovation space when it came to music. Entrepreneurs and investors realized that they, too, were likely to get sued, and focused their efforts elsewhere. The record labels, on the other hand, got the wrong idea, and became totally convinced that a legal strategy was the way to stem the tide of innovation.

The Wisconsin Law Review, which published Carrier’s paper, asked a few people to write responses to Carrier’s paper, and they recently published the different responses, including one from a lawyer at the RIAA, one from another law professor… and one from me. This post will be about my paper — and I’ll talk about the other papers in a later post. My piece is entitled When You Let Incumbents Veto Innovation, You Get Less Innovation. It builds on Carrier’s piece, to note that the stories he heard fit quite well with a number of other stories that we’ve seen over the past fifteen years, and the way in which the industry has repeatedly fought innovation via lawsuits.

You can read the whole paper at the link above (or, if you prefer there’s a pdf version). I talk about the nature of innovation — and how it involves an awful lot of trial and error to get it right. The more trials, the faster what works becomes clear, and the faster improvement you get. But the industry’s early success against Napster made that nearly impossible, and massively slowed down innovation in the sector. Yes, a few players kept trying, but it developed much more slowly than other internet-related industries. And you can see why directly in the Carrier paper, where entrepreneurs point out that it’s just not worth doing something in the music space, because if you want to actually do what the technology enables, the kinds of things that are cool and useful and which consumers would really like… you’ll get sued.

Why “every homicide perp on death row who is reasonably attractive has groupies”

Filed under: Law, Media — Tags: , , , — Nicholas @ 14:37

In the Los Angeles Times, Charlotte Allen examines the phenomenon of women who fall in love with murderers, terrorists, and other assorted villains:

This, of course, goes against all current conventional wisdom about the kind of men that women want: sensitive, egalitarian, feminism-friendly guys who split the housework 50-50 (or better yet, do it all so their wives can “lean in” at work).

In fact, as any evolutionary psychologist can tell you, women, like other female primates, crave dominant “alpha” males who demonstrate the strength to protect them and pass on survival traits to their children. And in a society such as ours, where the phrase “head of the household” is anathema and men are forbidden to dominate in socially beneficial ways, women will seek out assertive, self-confident men whose displays of power aren’t so socially beneficial.

It’s not surprising, then, that every homicide perp on death row who is reasonably attractive has groupies. Consider the handsome (and widely philandering) Scott Peterson, sentenced in 2005 for killing his wife and unborn son and throwing their remains into San Francisco Bay. The day he checked into San Quentin, he received three dozen phone calls from smitten women, including an 18-year-old who wanted to become the second Mrs. Peterson.

It’s probably a good idea, if you are religious, to say some prayers for Dzhokhar, who is likely to need them. It’s probably a bad idea to feel sorry for him. The worst idea of all, though, is to imagine that the obsessive female attention, adulation and pity lavished on a mass-murder suspect such as Dzhokhar is a cultural anomaly.

May 28, 2013

Breaking new (legal) trails

Filed under: Cancon, Law, Media — Tags: , , , — Nicholas @ 08:10

Colby Cosh on the fascinating attempt by former Toronto Maple Leafs general manager Brian Burke to sue his alleged defamers on the internet:

Question: if you can defame someone on the internet, should they be able to sue you over the internet? Grouchy former Leafs GM Brian Burke intends to find out. His lawyers are set to appear in B.C. Supreme Court in Vancouver today, where they will argue that Burke should be able to serve notice of his defamation lawsuit against pseudonymous members of various internet forums by means of those forums themselves. “Ding! You’ve… got… mail.”

Early commentary on Burke’s lawsuit over claims he had an affair with a broadcaster was focused on the difficulty of tracking down internet anonymice and serving them with the right papers. The established pathway is to go through internet service providers to get them to disclose the identities behind IP addresses — but privacy-conscious tech firms don’t like to give up that info without a court order, and if Johnny Flapgums did not happen to post from home or work, a plaintiff is more or less out of luck anyway. In an unforeseen development, Burke is now asking the court to let him sue internet usernames as usernames, notifying the users of the action through the personal-messaging apparatus of the sites on which they posted their allegedly scurrilous comments.

If Burke succeeds with today’s motion, defendants such as “CamBarkerFan” and “Slobberface” will be forced into a tricky choice between fighting the lawsuit, and thus exposing themselves to a verdict, or laying low and allowing a default judgment to be entered against them, thus exposing themselves to the risk of being identified and penalized later without any chance of a defence.

May 26, 2013

Putting the Gibson Guitar raids into context

Filed under: Bureaucracy, Law, Politics, USA — Tags: , , , , — Nicholas @ 11:06

Remember back in 2011 when the US government raided Gibson Guitars for alleged violations of Indian law? (Posts here, here, here, here, and here.) Now that we’re learning much more about the IRS witch hunt for Tea Party organizations, Investor’s Business Daily points out that the Gibson raids now make sense:

Grossly underreported at the time was the fact that Gibson’s chief executive, Henry Juszkiewicz, contributed to Republican politicians. Recent donations have included $2,000 to Rep. Marsha Blackburn, R-Tenn., and $1,500 to Sen. Lamar Alexander, R-Tenn.

By contrast, Chris Martin IV, the Martin & Co. CEO, is a long-time Democratic supporter, with $35,400 in contributions to Democratic candidates and the Democratic National Committee over the past couple of election cycles.

“We feel that Gibson was inappropriately targeted,” Juszkiewicz said at the time, adding the matter “could have been addressed with a simple contact (from) a caring human being representing the government. Instead, the government used violent and hostile means.”

That includes what Gibson described as “two hostile raids on its factories by agents carrying weapons and attired in SWAT gear where employees were forced out of the premises, production was shut down, goods were seized as contraband and threats were made that would have forced the business to close.”

Gibson, fearing a bankrupting legal battle, settled and agreed to pay a $300,000 penalty to the U.S. Government. It also agreed to make a “community service payment” of $50,000 to the National Fish and Wildlife Foundation — to be used on research projects or tree-conservation activities.

Update, 31 January 2014: Gibson releases a new guitar to celebrate the end of the case.

Great Gibson electric guitars have long been a means of fighting the establishment, so when the powers that be confiscated stocks of tonewoods from the Gibson factory in Nashville — only to return them once there was a resolution and the investigation ended — it was an event worth celebrating. Introducing the Government Series II Les Paul, a striking new guitar from Gibson USA for 2014 that suitably marks this infamous time in Gibson’s history.

From its solid mahogany body with modern weight relief for enhance resonance and playing comfort, to its carved maple top, the Government Series II Les Paul follows the tradition of the great Les Paul Standards—but also makes a superb statement with its unique appointments. A distinctive vintage-gloss Government Tan finish, complemented by black-chrome hardware and black plastics and trim, is topped by a pickguard that’s hot-stamped in gold with the Government Series graphic—a bald eagle hoisting a Gibson guitar neck. Each Government Series II Les Paul also includes a genuine piece of Gibson USA history in its solid rosewood fingerboard, which is made from wood returned to Gibson by the US government after the resolution.

[…]

The Government Series II Les Paul is crafted in the image of the original Les Paul Standard, with a carved maple top and solid mahogany back with modern weight relief for improved playing comfort and enhanced resonance. The glued-in mahogany neck features a comfortably rounded late-’50s profile, while the unbound fingerboard — with a Corian™ nut, 22 frets and traditional trapezoid inlays just like the very first Gibson Les Pauls — is made from solid rosewood returned to Gibson by the US government. And, the guitar looks superb with its unique Government Tan finish in vintage-gloss nitrocellulose lacquer.

Bangladesh needs legal reform and free markets

Filed under: Asia, Bureaucracy, Economics, Law — Tags: , , , , , , — Nicholas @ 10:37

Sheldon Richman discusses the plight of workers — especially poor women workers — in Bangladesh:

According to a report written for the Netherlands ministry of foreign affairs, most Bangladeshis, unsurprisingly, are victimized by a land system that has long benefited the rural and urban elites. “Land-grabbing of both rural and urban land by domestic actors is a problem in Bangladesh,” the report states.

    Wealthy and influential people have encroached on public lands…, often with help of officials in land-administration and management departments. Among other examples, hundreds of housing companies in urban areas have started to demarcate their project area using pillars and signboard before receiving titles. They use local musclemen with guns and occupy local administrations, including the police. Most of the time, land owners feel obliged to sell their productive resources to the companies at a price inferior to market value. Civil servants within the government support these companies and receive some plot of land in exchange.

Women suffer most because of the patriarchy supported by the political system. “Women in Bangladesh rarely have equal property rights and rarely hold title to land,” the report notes. “Social and customary practices effectively exclude women from direct access to land.” As a result,

    Many of the rural poor in Bangladesh are landless, have only small plots of land, are depending on tenancy, or sharecropping. Moreover, tenure insecurity is high due to outdated and unfair laws and policies…. These growing rural inequalities and instability also generate migration to towns, increasing the rates of urban poverty.

Much as in Britain after the Enclosures, urban migration swells the ranks of workers, allowing employers to take advantage of them. Since Bangladesh does not have a free-market economy, starting a business is mired in regulatory red tape — and worse, such as “intellectual property” law — that benefit the elite while stifling the chance for poor individuals to find alternatives to factory work. (The owner of the Savar factory, Mohammed Sohel Rana, got rich in a system where, the Guardian writes, “politics and business are closely connected, corruption is rife, and the gap between rich and poor continues to grow.”) Moreover, until the factory collapse, garment workers could not organize without employer permission.

Crony capitalism deprives Bangladeshis of property rights, freedom of exchange, and therefore work options. The people need neither the corporatist status quo nor Western condescension. They need radical land reform and freed markets.

The war on drugs is “a holocaust in slow motion”

Filed under: Health, Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 08:33

To my surprise, the creator of the TV series The Wire has come out against legalization of marijuana:

David Simon surged into the American mainstream with a bleak vision of the devastation wrought by drugs on his home town of Baltimore — The Wire, hailed by many as the greatest television drama of all time. But what keeps him there is his apocalyptic and unrelenting heresy over the failed “war on drugs”, the multibillion-dollar worldwide crusade launched by President Richard Nixon in 1971.

When Simon brought that heresy to London last week — to take part in a debate hosted by the Observer — he was inevitably asked about what reformers celebrate as recent “successes” — votes in Colorado and Washington to legalise marijuana.

“I’m against it,” Simon told his stunned audience at the Royal Institution on Thursday night. “The last thing I want to do is rationalise the easiest, the most benign end of this. The whole concept needs to be changed, the debate reframed.

“I want the thing to fall as one complete edifice. If they manage to let a few white middle-class people off the hook, that’s very dangerous. If they can find a way for white kids in middle-class suburbia to get high without them going to jail,” he continued, “and getting them to think that what they do is a million miles away from black kids taking crack, that is what politicians would do.”

If marijuana were exempted from the war on drugs, he insisted, “it’d be another 10 or 40 years of assigning people of colour to this dystopia.”

[. . .]

Simon took no prisoners. In his vision, the war on — and the curse of — drugs are inseparable from what he called, in his book, The Death of Working Class America, the de-industrialisation and ravaging of cities that were once the engine-rooms and, in Baltimore’s case, the seaboard of an industrial superpower.

The war is about the disposal of what Simon called, in his most unforgiving but cogent term, “excess Americans”: once a labour force, but no longer of use to capitalism. He went so far as to call the war on drugs “a holocaust in slow motion”.

Simon said he “begins with the assumption that drugs are bad”, but also that the war on drugs has “always proceeded along racial lines”, since the banning of opium.

It is waged “not against dangerous substances but against the poor, the excess Americans,” he said, and with striking and subversive originality, posited the crisis in stark economic terms: “We do not need 10-12% of our population; they’ve been abandoned. They don’t have barbed wire around them, but they might as well.”

More on Scotland’s proposed “child protection” scheme

Filed under: Britain, Government, Law — Tags: , , , — Nicholas @ 08:25

Last week, I linked to a story about the Scottish government introducing a new “child protection” program that would assign a “named person” as guardian for every child. Christopher Booker has more on this rather disturbing Big Brother initiative:

We are familiar with the idea that state employees are expected to take an interest in a child’s welfare, from health visitors to teachers at school. But this proposal that local authorities should be empowered to appoint an official to act as a personal “guardian”, or social worker, to oversee every aspect of a child’s life from birth onwards is a world first.

In fact, the Bill is remarkably vague about the powers to be given to these “named persons”. Will they be free to arrive unannounced at the family home to check on how a child is being treated by its parents, when it goes to bed, what food it is given, what political or religious opinions it is being brought up with? In other words, the Bill gives no idea of how this hugely ambitious scheme, estimated to cost Scotland’s local authorities up to £138 million a year, will work in practice. And most worrying of all, to anyone familiar with the failings of our existing “child protection” system, is how often the most damaging errors can arise when professionals are charged with reporting to social workers their suspicion that something in a child’s life might be amiss.

In too many of the cases I have followed where children have been removed from their families for what seems to be no good reason, their nightmare began with a report by a teacher or a doctor that got some overheard remark or slight injury absurdly out of proportion. Too often, such suspicions then harden into allegations that are never properly tested against the evidence, and the damage is done. However admirable, in theory, the thought of appointing a “guardian” to watch over every child might seem, experience suggests that, in practice, this may exacerbate those weaknesses in our existing “child protection” system, which make a mockery of the noble aims it was set up to promote.

May 25, 2013

James Delingpole, that intellectual lightweight

Filed under: Britain, Law, Media, Religion — Tags: , , , , — Nicholas @ 08:16

Here he is again, banging on about his failings, particularly over the Woolwich murder:

On occasions like this I really do feel a bit of an intellectual lightweight, I must say. There am I, stuck in the fuddy-duddy mindset where you see a 25-year old father of a one year old boy being hacked to death with meat cleavers on a busy London street and all you can do is respond with the gut feeling that “This is wrong. This is totally wrong!”

Whereas if I were a bit younger, less reactionary and I’d had a proper educational grounding somewhere serious like the LSE, what I would have realised is that you just can’t judge things like this at face value. Sure, there’s a temptation to dwell on what a terrible way to go it must have been for that poor young man; to think about what his family must be going through — his wife and mother especially, who will surely be re-living his imagined death every day from now on till they die; to get quite angry, even, about the perverted political values and warped mindset that led to this barbaric act — and also about the cultural relativism that helped make it possible. But succumbing to this temptation would, of course, be a serious mistake.

No, if you’re a truly enlightened citizen of the modern world, the correct way to respond is the way all those sophisticated intellectual types on Twitter did. You recognise straightaway that the horror of the murder is just a distraction from the real issue. The real issue being, of course, that this regrettable event was the sadly inevitable consequence of Britain’s racism, intolerance and Islamophobia — as demonstrated by Nick Robinson’s bigoted, ignorant and inflammatory use of that reprehensible “of Muslim appearance” comment on BBC news for which he has since, quite correctly, apologised.

Until, as a society, we learn to face up to our collective responsibility for Drummer Lee Rigby’s death, young men like Michael Adebolajo and Michael Adebowale ought to have every right to go on drawing attention to this rampant injustice in whatever way they deem fit. It is frankly outrageous that in order to make their point they had to resort to the blunt instrument of execution by motor vehicle and butcher’s knife. A truly considerate society would have made public funds available for them to afford some properly functioning automatic weaponry. That way these gallant, oppressed freedom fighters could have made their vibrant and refreshingly direct contribution to our national debate with a lot less fuss and a lot less mess — perhaps preventing the disgraceful public overreaction we have witnessed over the last couple of days, everywhere from the hateful, violent racist English Defence League to the hardcore, fascist right-wing BBC.

May 24, 2013

The first amendment applies to everyone, not just the professional media

Filed under: Law, Liberty, Media, USA — Tags: , , — Nicholas @ 08:33

Jonah Goldberg on the bits of the first amendment that the mainstream media tends to forget about:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

That’s the full text of the First Amendment. But (with apologies to the old Far Side comic), this is what many in the press, academia, and government would hear if you read it aloud: “Congress shall make no law respecting an establishment of religion, blah blah blah, or abridging the freedom of the press, blah blah blah blah.”

[. . .]

The press can always be counted upon not just to speak up for itself, but to lavish attention on itself. “We can’t help that we’re so fascinating,” seems to be their unspoken mantra.

And that’s fine. What’s not fine is the way so many in the press talk about the First Amendment as if it’s their trade’s private license.

The problem is twofold. First, we all have a right to commit journalism under the First Amendment, whether it’s a New York Times reporter or some kid with an iPhone shooting video of a cop abusing someone.

I understand that professional journalists are on the front lines of the First Amendment’s free-press clause. But many elite outlets and journalism schools foster a guild mentality that sees journalism as a priestly caste deserving of special privileges. That’s why editorial boards love campaign-finance restrictions: They don’t like editorial competition from outside their ranks. Such elitism never made sense, but it’s particularly idiotic at a moment when technology — Twitter, Facebook, Tumblr, Vine, etc. — is democratizing political speech.

Australian police in a lather over 3D printed guns

Filed under: Australia, Law, Liberty, Technology — Tags: , , — Nicholas @ 08:17

In The Register, Simon Sharwood covers the anguished response of police in New South Wales over the availability of “The Liberator”:

The New South Wales Police Force, guardians of Australia’s most-populous state, have gotten themselves into a panic over the Liberator, the 3D-printable pistol.

The Force’s Commissioner Andrew Schipione today appeared at a press conference to denounce the Liberator and urge residents of the State not to download plans for the gun.

Schipione offered this advice after the Force’s ballistics team acquired a 3D printer, downloaded plans for the Liberator and assembled a pair of the pistols.

One, when fired into a resin block said to simulate human flesh, is said to have penetrated to a depth of 17 fatal-injury-inducing centimetres.

The other experienced “catastrophic failure”, as we predicted a couple of weeks ago. […] That failure didn’t stop Schipione declaring the Liberator a threat to public safety.

To understand why, you need to know that NSW has of late experienced gun violence at rather unusual levels by Australian standards (which means over a year all of Sydney had about half an episode’s worth of gun violence on The Wire). That spate of shootings has led to Operation UNIFICATION, an effort kicking off this weekend that encourages Australians to rat out strike a blow for public safety by informing Police about illegal guns.

May 21, 2013

Conflating rules for “sexual harassment” with “sexual assault”

Filed under: Bureaucracy, Law, Liberty — Tags: , , , , , , — Nicholas @ 10:17

Wendy Kaminer on the issues of sexual harassment rules on campus:

What’s the difference between an unwelcome request for a date and rape? Pursuant to the Obama administration’s definition of sexual harassment, this is not an easy question to answer.

You have to read the administration’s latest diktat to colleges and universities to believe it. In a joint letter to the University of Montana (intended as ‘a blueprint’ for campus administrators nationwide), the Department of Justice (DoJ) and the Education Department’s Office of Civil Rights (OCR) define sexual harassment as ‘unwelcome conduct of a sexual nature’, verbal or non-verbal, including ‘unwelcome sexual advances or acts of sexual assault’. Conduct (verbal or non-verbal) need not be ‘objectively offensive’ to constitute harassment, the letter warns, ignoring federal court rulings on harassment, as well as common sense. If a student feels harassed, she may be harassed, regardless of the reasonableness of her feelings, and school administrators may be legally required to discipline her ‘harasser’.

They are also required to promulgate detailed policies parroting the DoJ/OCR definition of harassment, as well as procedures for reporting and prosecuting alleged offences: ‘Federal government mandates unconstitutional speech codes at college and universities nationwide’, the Foundation for Individual Rights in Education (FIRE) accurately declares:

‘Among the forms of expression now punishable on America’s campuses by order of the federal government are:

  • Any expression related to sexual topics that offends any person. This leaves a wide range of expressive activity — a campus performance of The Vagina Monologues, a presentation on safe-sex practices, a debate about sexual morality, a discussion of gay marriage, or a classroom lecture on Vladimir Nabokov’s Lolita — subject to discipline.
  • Any sexually themed joke overheard by any person who finds that joke offensive for any reason.
  • Any request for dates or any flirtation that is not welcomed by the recipient of such a request or flirtation.

There is likely no student on any campus anywhere who is not guilty of at least one of these “offences”. Any attempt to enforce this rule evenhandedly and comprehensively will be impossible.’

FIRE is right to note that fair, inclusive enforcement of this mindlessly broad policy is impossible. But I doubt it’s intended to be fairly enforced. I doubt federal officials want or expect it to be used against sex educators, advocates of reproductive choice, anti-porn feminists or gay-rights advocates if their speech of a sexual nature is ‘unwelcome’ by religious conservatives.

“… and Lord Tebbit as the Bursar”

Filed under: Britain, Law, Liberty — Tags: , — Nicholas @ 09:05

In case you didn’t catch it, this is a Discworld reference.

May 20, 2013

18-year-old charged with two felonies due to relationship with 15-year-old

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:08

An 18-year-old Floridian is facing two felony charges of “lewd and lascivious battery on a child 12 to 16” due to a relationship with a 15-year-old girl:

“These people never came to us as parents, never tried to speak to us… and tell us they had a problem with the girls dating,” Kaitlyn Hunt’s mother, Kelley Hunt-Smith, wrote in an statement posted to Facebook. “…They were out to destroy my daughter. [They] feel like my daughter ‘made’ their daughter gay.”

According to Hunt-Smith, police arrived at the family’s home Feb. 16 and put her daughter in handcuffs. Local news website TCPalm.com listed Kaitlyn Hunt’s arrest for “lewd and lascivious battery” on Feb. 18, and the girl’s mug shot is still easily accessible on the Internet.

But the trouble didn’t stop there. The other girl’s parents repeatedly tried to have Kaitlyn, a senior, expelled from school. Despite the Sebastian River High School administration’s denial of their request, and a judge’s order allowing Kaitlyn to remain in school (so long as the girls had no contact), the 15-year-old’s parents successfully petitioned the school board to have Hunt removed from school weeks prior to graduation.

On the one hand, it’s outrageous that Hunt has been charged, but it’s oddly re-assuring that even though it’s a lesbian relationship, it’s being dealt with exactly the same way that a comparable heterosexual relationship would be: treated as a sex crime. And yes, in either case it’s absurd that teenagers are being classed as sexual predators for relationships that would have been considered quite ordinary a decade ago.

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