On the recent hearing in Missoula federal court Marc Randazza and Mat Stevenson represented Andrew Anglin. Mr. Randazza said “I’d like to see my client’s activism defeated in the marketplace of ideas. Whatever the rule you lay down for the Nazi here, you also lay down for the civil rights activist.”
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In diversity cases where there is a conflict between the laws of the states of the parties, the federal court has to determine which state's laws to apply. New York federal courts will use a multi-factor test to determine which state has the "most significant relationship" to the legal dispute, and will use that state's laws.
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Some credible scholars say that making mass murderers famous motivates other mass murderers. (One might even argue that this article is part of the problem). Elliot Rodger sent his lengthy diatribe to the media before he went on his killing spree -- correctly predicting that his actions would propel his ideas (such as they were) into the marketplace of ideas on a digital billboard larger than he could ever have enjoyed had he not amplified them with his psychotic rampage. Accordingly, should we not silence him? Wipe his words from the Internet forever? Let him be forgotten?
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But, the notion of an American citizen going to jail for a nonviolent political protest is utterly antithetical to what this country is all about. It is a disgrace. Officer Coronado is a disgrace for arresting her. The prosecutor is a disgrace for charging her. The jurors are disgraces for convicting her.
There is absolutely nothing legally actionable about [Allman's] statement. It is clearly rhetorical hyperbole, which is 100% protected by the First Amendment. I think there would be no legal repercussions should someone write this about Queen Elizabeth or the President or anyone else. Of course, that does not mean that some abject moron of a lawyer wouldn't take the case — and lord knows that Florida [where Hogg lives] has a bumper crop of them. But any lawsuit would be foolish and wouldn't last long.
The government should not be in the business of deciding what is moral, immoral or offensive. The section of the trademark act in question in this case is a leftover from Victorian times, and is used now primarily, I would argue, (and have argued) to promote social agendas with coercive censorship. I do not trust any government to tell me what I can and cannot handle. The marketplace of ideas will do that for us.