There is absolutely nothing legally actionable about [Allman's] statement. It is clearly rhetorical hyperbole, which is 100% protected by the First A… - Marc Randazza

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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.

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About Marc Randazza

Marc Randazza (November 26, 1969), is a First Amendment attorney, a commentator on CNN and Fox News on legal matters, and the editor of the law blog The Legal Satyricon.

Also Known As

Alternative Names: Marc J. Randazza Marc John Randazza

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Responsible journalism is hard. It isn't public relations. A responsible journalist digs for the truth, she doesn't just take her subject's agenda and run with it. That isn't journalism, that's "gossip," and like all gossip, it doesn't do anything positive for anyone.

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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.

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