Author Archives: Michael Froomkin

This Sounds Like a First Amendment Issue to Me

It seems Florida has a law that makes it much more difficult to re-sell a used CD. Among its provisions is a prohibition on stores paying cash for used CDs — they can only give store credit. And stores must hold CDs for 30 days before reselling them. Worst of all, if reports are to be believed (I haven't seen the statute) stores must subject sellers of used CDs to the third degree:

No, you won't spend any time in jail, but you'll certainly feel like a criminal once the local record shop makes copies of all of your identifying information and even collects your fingerprints.

On top of that, stores that want to sell used CDs despite all these discouragements will have to post a $10,000 bond!

CDs, even used ones, are a form of speech covered by the First Amendment. The idea that one must register to traffic in speech strikes me as presumptively unconstitutional. I wonder how this statute could survive strict scrutiny (which I assume would be what applies?) given the assertion at ars technica that in fact there is “no proof that [stolen CDs] is a particularly pressing problem for record shops in general.”

Cites to the text of the bill, or thoughts from First Amendment mavens most welcome.

Posted in Florida, Law: Free Speech | 6 Comments

Basic Lessons in Democracy

Of the TV blowhards, Chris Matthews seems to be the one most likely to have reality-based moments. See him have a good one at the expense of a pro-war Iraqi vet sent out to repeat GOP spin points about not letting Congress micro-manage the war:

“…democracy: Politicians run countries. You got a problem with that?”

Well, yes, some Leo Straussian right-wing types do have a problem with that.

Posted in Iraq | 2 Comments

Meaningless Personality Quiz (pt. 13)

You know, I actually sort of believe this:


You Belong in Amsterdam


A little old fashioned, a little modern – you're the best of both worlds. And so is Amsterdam.

Whether you want to be a squatter graffiti artist or a great novelist, Amsterdam has all that you want in Europe (in one small city).

If it can't be Paris then, yes, Amsterdam.

Posted in Meaningless Personality Quizzes | 5 Comments

What I’ve Been Doing Recently

Since classes ended, I've been writing like mad.

wordcount.jpg

I did too much administration this year, and too little writing. It has been harder than I liked to get back into the swing of it, but now that it's getting fun again I can't understand how I let myself get sucked into doing anything else.

I'm going to have to see about that 139-word sentence. I hope it's that big quote from the court, not something I did….

Posted in Writings | Comments Off on What I’ve Been Doing Recently

Loonie Indeed

You might recall this post, Is that a Loonie in Your Pocket or is Someone Else Glad to See Me?, back from January. Basically, US security types got all excited about “bugged” Canadian coins. Here's a reminder of what they were saying:

Canadian coins containing tiny transmitters have mysteriously turned up in the pockets of at least three American contractors who visited Canada, says a branch of the U.S. Department of Defence. …

“On at least three separate occasions between October 2005 and January 2006, cleared defence contractors' employees travelling through Canada have discovered radio frequency transmitters embedded in Canadian coins placed on their persons,” the report says. …

Well, several months later, we know the truth: they're nuts. 'Poppy Quarter' Behind Spy Coin Alert:

An odd-looking Canadian coin with a bright red flower was the culprit behind a U.S. Defense Department false espionage warning earlier this year about mysterious coin-like objects with radio frequency transmitters, The Associated Press has learned.

The harmless “poppy coin” was so unfamiliar to suspicious U.S. Army contractors traveling in Canada that they filed confidential espionage accounts about them. The worried contractors described the coins as “anomalous” and “filled with something man-made that looked like nano-technology,” according to once-classified U.S. government reports and e-mails obtained by the AP.

But, of course, they weren't anything of the kind.

And we wonder why they can't catch bin Laden?

Posted in National Security | 3 Comments

Too True

This 'Goofus & Gallant: A DOJ Human Resources Primer' by Jesus' General is much too true.

It seems there's lots more rot to root out of DoJ. Don't miss the newscast that Ann Bartow linked to in a comment yesterday: DoJ's civil rights division isn't hiring (m)any minorities for its criminal division. Only two black lawyers out of 50. A number lower than any time since 1978. Although the broadcast doesn't say so in so many words, one gathers the overall number for the civil rights division including the civil side is better — or at least, the best in DOJ (whatever that means). But it's hard to escape the suspicion that there's a connection between the whiteness of the criminal division and this:

One Justice Department chart revealed that over a six-year period the Equal Employment Opportunity Commission had referred 3,200 individual complaints of discrimination to the civil rights division for action. They have resulted in only six lawsuits for race discrimination.

It never ends…

Posted in Politics: US: GW Bush Scandals | 1 Comment