Archive for March, 2007

That’s so — er, stupid.

Rebekah Rice, a high school freshman, was teased about being Mormon. She responded by saying, “That’s so gay.” She was reprimanded by the school principal, and a “notation” was put in her file. She was upset, but she got over it. Ha! Just kidding. This is Overlawyered. Actually, she filed a lawsuit, claiming her constitutional rights (to call things gay?) were violated.

It’s not clear what sort of “notation” was put in her file, but the lawsuit demanded (in addition, of course, to money) that it be expunged. In the abstract, one might be sympathetic to the notion that informing college admissions offices that she was punished for using derogatory slurs might be damaging to her future prospects. (Rice denies — credibly, in my view — that the phrase was aimed at gay students.) Except, of course, that filing a lawsuit is hardly the way to keep her disciplinary history a secret.

(Previous posts about teenagers suing over school discipline: Feb. 22; Jan. 5)

Search engines are not common carriers

The First Amendment and Section 230 of the Communications Decency Act protect search engines’ decisions about what content to carry; Google can’t be forced to run ads or “honestly” rank websites, according to a federal judge in Delaware. Eric Goldman has the details.

Goldman notes that this particular case, filed by a pro se litigant, was clearly frivolous, but the decision is still useful for Google, which, as the dominant player in the search engine game, faces suits elsewhere based on similar theories.

John Stossel on vaccine scares

It was one of the topics of his prime-time special last Friday:

[Attorney Allen] McDowell is now debating whether to file new lawsuits claiming that vaccines cause autism. I said to him, “You scare people and make money off it!” After a pause, he replied, “True.”

(“The Fear Industrial Complex”, syndicated/RealClearPolitics, Feb. 28; Autism Diva, Feb. 23 and Feb. 24). More: Mar. 8, 2006 and many others.

Pay-for-play, the Gotham way?

New York City Comptroller William Thompson, Jr. regularly hires outside law firms to represent city pension funds in shareholder lawsuits, as with a recent suit against Apple Computer. The New York Sun “[obtained] the names of the nine law firms in the ‘securities litigation pool’ that the city uses to file these shareholder suits” and found that lawyers associated with the firms had donated more than $100,000 to Mr. Thompson’s campaign coffers. (“Thompson’s Trial Lawyers” (editorial), New York Sun, Feb. 27). See Aug. 14-15, 1999 (ABA delegates defeat proposal to ban pay-for-play); Sept. 25-26, 2001. The Committee on Capital Markets Regulation aimed some criticism at the practice: see Point of Law, Dec. 1.

Prince Charles v. McDonald’s

You don’t want to know how many calories are in one of HRH’s Cornish pasties. The authentic Cornish style of pasty always did seem heavy to me, as one raised on the Upper Peninsula Finnish kind. (Rebecca English and Sean Poulter, “The Royal pasty that’s unhealthier than a Big Mac”, Daily Mail (UK), Feb. 28; “Prince Charles says ban McDonald’s food”, AP/Seattle Post-Intelligencer, Feb. 28).