- “Scott Gottlieb’s FDA Is Moving Toward a Stealth Ban on Cigarettes and Cigars” [Jacob Grier, Reason]
- Supreme Court should take Melissa and Aaron Klein cake-refusal case from Oregon and resolve the issues of free expression it dodged in Masterpiece [Ilya Shapiro and Patrick Moran, ABA Journal, earlier on Melissa and Aaron Klein cake-refusal case including oppressive $135,000 fine levied by Oregon BOLI (Bureau of Labor and Industries)]
- “Administrative Law Is Bunk. We Need a Bundesverwaltungsgericht” [Michael Greve, responses from Mike Rappaport, Philip Wallach, and Ilan Wurman, and rejoinder from Greve]
- New York’s family court system is failing children and their families [Naomi Riley/City Journal, thanks for quote]
- “The Emmys People Are Opposing A Pet Products Company Named After A Dog Named ‘Emmy'” [Tim Geigner, TechDirt]
- Metaphor alert: “Lawmaker Injured by Flying Constitution” [Kevin Underhill, Lowering the Bar, and funny throughout]
An Oregon appeals court has upheld the oppressive $135,000 fine levied on bakers Melissa and Aaron Klein, who turned away a gay couple’s wedding cake order [Whitney Woodworth, Salem Statesman-Journal] As I observed two years back, the use of ruinous fines to punish non-ruinous conduct is a wider problem in our law, not just here. The Oregon court did reverse one state finding related to the Kleins’ supposed announcement of a future intent to discriminate, to which I and others had taken particular exception.
As my colleague Roger Pilon put it about the Colorado case, “If there is intolerance here, it is from those who would force a man to choose between his religious beliefs and his livelihood.”
The Oregon Bureau of Labor and Industries, recently in the news for ordering Melissa and Aaron Klein to pay $135,000 for not wanting to make cake for a commitment ceremony, in 2013 ordered the owner of the Twilight Room Annex, a gay-friendly bar in North Portland, to pay $400,000 for disinviting a trans club from meeting at the nightclub on Friday nights after business from other customers dropped off [Oregonian]
- Eugene Volokh weighs in again on Oregon Sweet Cakes case, agrees with my view that agency’s order against Melissa and Aaron Klein’s speech is overbroad;
- Canada: “Ruling in Twitter harassment trial could have enormous fallout for free speech” [Christie Blatchford/National Post, earlier]
- Also in Canada: Law Society of Alberta cites controversial-speech veteran Ezra Levant, a lawyer, over column criticizing human rights commission [National Post]
- “Lawyer Can’t Unmask Anonymous Critic on Avvo, Court Rules” [Robert Ambrogi]
- “Couple ordered to pay $280K for ‘frivolous’ lawsuit against Hoboken bloggers, judge says” [Jersey Journal via @NJCivilJustice]
- Las Vegas lawyer’s libel suit provokes laughs but there’s a serious point at stake [Adam Steinbaugh, Popehat]
- “Freedom will not bow to bloody attacks”: legislature in Iceland repeals blasphemy law in response to Paris massacre [IB Times] But Charlie Hebdo itself, in Paris, says it will run no more prophet Muhammad cartoons [WaPo and more: Michael Moynihan, Politico Europe]
Can sober correction ever catch up with viral junk about legal cases on the internet? Two new instances, one from the right and one from the left, leave me wondering.
I’ve now updated this 2008 Overlawyered post on a convict’s hand-scrawled, soon-dismissed “ban the Bible” lawsuit to reflect the story’s re-emergence in recent days as a much-shared item at mostly conservative social media outlets, which have passed on the story as if it were a new and significant legal development, typically omitting its date, circumstances, and disposition.
Meanwhile, Raw Story has now corrected a post in which it claimed that Oregon cake bakers Melissa and Aaron Klein were fined for supposedly “doxxing” (maliciously revealing personally identifying information about) their adversaries. (It credits a Eugene Volokh post for flagging the error.) But the source on which Raw Story based its report, blogger “Libby Anne” at Patheos Atheist, still hasn’t corrected her deeply flawed account, which has now had more than 252,000 Facebook shares.
Please think before you share.