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  • Jul 1st, 2015 @ 5:12am

    Public Records Laws Vary by State

    The laws in Texas may not be the laws we are used to in Florida. Each state has its own law; I think there are a few which modeled their law on Florida.

    Such a request for money also happens in Florida, but occasionally the records-seeker is referred to the First Amendment Foundation. There is case law concerning reasonableness of charges in Florida.

    Our problem is that, every year, the legislature enacts some tens of new exemptions. They now number over a thousand. My favorite example is a campaign treasurer's report which redacted the address of the campaign treasurer. It was probably perfectly legal under the statute.

    Another exemption says you can no longer review records to see if your city manager or other high-level officials live in the city they govern.

  • Jul 1st, 2015 @ 5:02am

    She Should Have Called the First Amendment Foundation

    They could have provided her with some good information, and maybe discussed Carden v. Chief, 696 So.2d 772 (2DCA 02-Nov-1996).

  • Jun 19th, 2015 @ 4:48am

    Anti-SLAPP Bill Has Surprise Buried Therein


    The court shall award the prevailing party reasonable attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section.

    From Ch 2015-70, Laws of Florida.

    File your anti-SLAPP motion. Lose, perhaps because the judge is reluctant to grant judgment that early in the case. The SLAPPer is now entitled to fees.

    Not the first time, and probably not the last, but I have to remind people how close Tallahassee is to Chattahoochee. Or maybe, with work product like this, I do not have to remind people because it is fairly obvious.

  • Jun 17th, 2015 @ 12:39am

    Re: Payments to Majesty Law Group


    First, thanks to all who support my fight.


    Normally, a party to litigation is well advised to listen to his atty. His atty will generally advise him not to have any comment on the pending litigation.

  • Jun 4th, 2015 @ 7:20pm

    Re: Re: Re: Re: Re:


    The bad PR they generate doesn't seem to stop them gaining new clients

    Some day they are going to send the C&D letter to the wrong target, and his response will be delivered by deputy sheriffs. ``Here, have these papers. You have been served.''

    The C&D letters certain appear to be setting up a declaratory judgment action. If properly pled, the non-infringing recipient might even get his fees back.

    I imagine that, when that happens, word will get out to the companies using Mark Minotaur to send these letters.

  • Jun 4th, 2015 @ 2:52am

    James Butts, Potential Butt of Jokes

    While Butts is the obvious target of the criticism, the suit was filed on behalf of the city as a municipal corporation. That means that either the city delegated the power to sue, or the entire commission had to vote for this suit.

    I express no view as to which of these options is dumber.

  • Jun 3rd, 2015 @ 4:58am

    Site is Called ``Bumblehive'' for a Reason

    The ``hive'' comes from Utah, the beehive state. As for bumble, well, some people thought it referred to a variety of bee. No such luck, it refers to the operators of the site.

  • May 24th, 2015 @ 12:39am

    Definition of Obscenity


    What is the legal definition of obscenity in the US?

    The standard definition is given by Justice Stewart in his concurring opinion in Jacobellis v. Ohio, 378 US 184,197 (US 1964): ``I know it when I see it''. Thus the job of any seller or distributor is to revive the long-deceased in order to show the material to him and see if he deems it unclean.

  • May 9th, 2015 @ 2:22pm

    Re: NFL Banks Use of Periscope Streaming

    Not sure this is a real problem. Last I heard, live hockey games lost in the ratings to reruns of poker tournaments.

    At some point the NHL may want to investigate making itself relevant. But why bother. Surely they can cadge a half-dollar from someone for the right to periscope stream a zamboni scraping the ice during the intermission.

  • May 5th, 2015 @ 4:49am

    Re: Re: [taxpayers get to pay]

    Depends on how she brings it. She can surely have an action for uncompensated taking against the officers directly, and may also have a claim against their agency.

    If the claim is against the officers, then they may bear the cost of the device. Split amongst them, it is probably not a great price.

    She might also have a claim for battery if she can make out a clearly established right not to be battered by armed thugs. I presume that they and their agency will argue that such a right is not well established, and many federal judges will agree.

  • Apr 30th, 2015 @ 5:55am

    Not Certain to Help Sales


    I imagine that this book will sell tonnes more copies as a result!

    Not so sure of that. If it is removed from the market it will be hard for the author to sell many copies. I have to think that someone screwed up pretty badly to grab someone's engagement/wedding pic and not clear the rights.

    Version 2, with a properly licensed photo, may get less publicity.

  • Apr 17th, 2015 @ 11:09pm

    (untitled comment)

    The really sad thing is that, assuming you bring FDCPA claims against them, there is probably no way to collect. They'll be out of state, or have no assets other than the questionable receivables.

  • Apr 3rd, 2015 @ 6:21am

    Re: West Virginia


    hence the West Virginia is for lovers motto


    That was ``Virginia is for lovers''. Ironic, too, in light of Loving v. Virginia, 388 US 1 (U.S. 1967), where the state tried unsuccessfully to maintain its ban on loving and marriage.

  • Apr 1st, 2015 @ 3:39am

    Re: Re:


    However, complaining to the police costs the business nothing.

    I'd love to think that the complainant would be required to show up in court as a witness.

    True, in this case the state got a default judgment, but at least the threat of having to show up in court might motivate them to do better. In this case, I'd probably want to try to vacate the conviction on the ground that there is no actual crime charged.

  • Mar 9th, 2015 @ 7:10am

    Re: [conditions of merger]


    [condition merger appoval on agreement not to lobby]
    including the support of bills and laws in their jurisdiction

    Fails. You cannot impose an unconstitutional condition in order to permit or license exercise of another. Aptheker v. Secretary of State, 378 U.S. 500 (US 1964).

    You would ask them to choose between the exercise of rights of speech and rights to associate in commerce.

  • Mar 5th, 2015 @ 4:32am

    Re: Re: Re: Minor change:


    form your own corporation and give a PO Box and answering service or standalone voicemail number as contact information.

    It may be easy, but it is not legally sufficient. You have to give at least a street address for your registered agent, who may be ``CT Registered Agent Corporation'' or ``Corporation Services Company''. Those are two of the biggest here, and probably they are to be found in other states as well.

    The registered agent companies just send you the documents when they get served, so you and they can be anywhere. Your business mailing address (the P.O. box) is probably at least close enough to where you really are to give some help if we need to find you. There are some requirements with these boxes as well, like giving your real address on the PO box form.

  • Mar 5th, 2015 @ 4:22am

    Re: [Possible California Ptfs in Florida]


    Wouldn't surprise me if Hollywood start to file cases in Florida against The Pirate Bay and other websites in the world

    It would not surprise me. However, at least a few of them will fight back, and there are some pleading problems for the folks. Especially in that ``other'' Hollywood, out in California.

    To sue someone from out of state, you have to plead the facts to bring them within the long-arm statute. The standard is not very high, Zippo Mfg v. Zippo Dot Com, 952 F.Supp. 1119, but you do have to both have and plead the contacts with Florida. International Shoe and all that.

    I suspect that most of the California ``Hollywood'' folks cannot even spell Florida, much less ``minimum contacts''. And for that matter, even if California were not full of loose nuts, Tallahassee is. Ever notice how close it is to Chattahoochee? There is probably a reason for that proximity.

    Our geniuses up there in Tally have probably entirely failed to consider how they might enforce such a requirement. I see some dormant commerce problems there, and no good way to distinguish a web site viewable in Florida from a clear channel radio station audible in Florida. Oh well, two more months and we can send them back to Chattahoochee for the next ten.

  • Jan 21st, 2015 @ 4:08am

    Re: [billfleming] real donuts

    You should have covered real donuts such as what they serve at Krispy Kreme.

    It is very hard to pass the ``hot now'' sign when it is lighted up. Even if one of those inferior cake donut places got a hot donuts sign, it would not be the same.

    You might run an ordinary red light, but why would you run the lighted ``hot now'' sign? Just inside, that machine is pushing them through the hot oil and then that waterfall glazer.

    I'll trade you two wall-marts if you'll put in a KK instead.

  • Jan 17th, 2015 @ 5:22am

    Re: [two different comments]

    So he was acquitted, or convicted? The article said he was convicted in municipal court, but the later says he was acquitted by the judge


    The article suggests that it was a trial de novo in ``real'' court following a conviction in municipal court. Some places still have municipal courts and it is not uncommon for the defendant to be able to demand a new trial in real court as a matter of right.


    Given the officer didn't feel offended (otherwise, he surely would've put that in his report)


    The general rule of thumb is that you cannot disturb the king's peace. In other words, someone who is not a cop has to complain or there is no disturbing of the peace.

    This still leaves the police with a fair amount of discretion. We have, here in the City, a fair number of street screechers who come out on Friday afternoons to yell at people about the need to adopt their religion. It disturbs downtown businesses, downtown pedestrians, even people inside offices with windows closed can hear these guys.

    A church north of town trains them in how to be loud. The training does not appear to include any reference to making salvation appealing. Indeed, if one were to judge by the street screechers, hell might be a more attractive option. However, the complaints to the police are not about the message, just the volume at which it is delivered.

    Complaints are frequent, but the police have declined to act. This is probably reprehensible on their part. I suspect that if someone were to go out there and yell rude words, it would get some attention.

    The cops are correctly fearful that the street screechers will at least have representation at all stages of any legal proceedings. The problem is that an arrest for the rude words would then be content-based.

  • Jan 17th, 2015 @ 4:39am

    Re:

    And they call themselves a democratic republic

    Seems appropriate. The term ``democratic republic'' is usually used to refer to a certain class of freedom-loving countries, notably E. Germany and N. Korea.

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