An Open Letter to Dr. Zach Ruff, a Downingtown Assistant Principal

Anyone who reads this blog probably knows some stuff about me. I’m a First Amendment lawyer. I’m a conservative. I’m even openly Christian.

As you’re probably also aware, this video has taken the internet by storm, straight from my hometown of Downingtown, PA:

Apparently you do not have a First Amendment right to photograph the police in Pennsylvania. Unless you do a little jig.

This could be a significant blow to the First Amendment, as apparently videotaping the police is not protected speech in Pennsylvania. Unless, of course, you also decide to yell at them or do a jig at the same time.

I wish I were joking, but I’m not…

Two cases before the United States District Court, Eastern District of Pennsylvania, were recently consolidated into one for the purpose of determining “whether photographing or filming police on our portable devices without challenging police is expressive conduct protected by the First Amendment.”

This is the trial court’s entire opinion, if you want to read the decision in its entirety.

The underlying facts are simple:

In the first case, Temple University student Richard Fields was standing on the sidewalk. There were 20 police officers standing outside a house party. Fields thought it was worth photographing for whatever reason. The police officer asked Fields to leave and stop taking pictures. Fields refused and continued to film. The police officer then took his phone and arrested him. Fields wasn’t taping the matter to protest the police or anything like that. He simply felt like recording it, maybe to put on Facebook, Instragram, or Philly Law Blog (holla!). The student did not claim to be protesting the police (or the house party for that matter), but merely recording the event.

In the second case, Amanda Geraci was at a protest. During the protest, the Philadelphia police arrested one of the protestors. Geraci moved closer to get a better view and hoped to videotape the incident. Geraci claims Officer Brown “attacked her” by physically restraining her against a pillar and preventing her from videotaping the arrest. Geraci claims that “I was just legal observing.”

Both sued the Philadelphia Police Department under 42 U.S.C. §1983 for First Amendment Retaliation.

RooshV And His Family Get Lynched By the Social Justice Mob

Rape is currently a hot button issue. There are those who argue that a “rape culture” has been created across the United States, and that our women are in danger everywhere. On the other hand, there are bloggers like Scott Greenfield who have suggested that there is a difference between rape and regret.

We draw a fine legal line when it comes to the definition of consensual sex and due process. As Scott Greenfield put it, “[t]he law requires reason, or it fails to sustain its legitimacy.”

This Is the Article Central High School Doesn’t Want You To Read

A few weeks ago, Central High School student Michael Moroz wrote a piece for the student newspaper. It was part of a series on “Black Lives Matter”. One student wrote a piece supportive of Black Lives Matter, while Michael wrote a piece that was critical. Both articles were approved by a member of the faculty prior to publication. This is a PDF of both articles.

Michael’s piece created a firestorm of controversy at his school with the both the faculty and students. Since writing it, Michael has been subject to death threats and harassment. Others have called on the University of Pennsylvania to revoke Michael’s admission. All because they felt his view wasn’t the “right” one.

Yes, you read that right – there are people who want to destroy the life of a 17 year old young man because he has an opinion different than theirs.

Further, Central High School initially removed Michael’s article without removing the article supportive of Black Lives Matter. Then both articles were removed. Timothy McKenna, Central’s president — the school’s principal also serves as its president — admitted Tuesday that in hindsight, both pieces should have been removed simultaneously.

While Central High School might support censorship, Philly Law Blog does not. This is the article that Central High School doesn’t want you to read.

Can Lawyers Get Away With Anything? Court Declares the Dragonetti Act Unconstitutional

Generally, Pennsylvania attorneys’ actions are governed by the Pennsylvania Rules of Professional Conduct. However, if an attorney abuses process by filing and maintaining a lawsuit that was either grossly negligent or without probable cause, the attorney can also be held liable in a civil court under what’s known as the Dragonetti Act, 42 Pa. C.S.A. § 8351.

The standard to hold an attorney liable is high. Not only does one have to file and maintain a lawsuit that was either grossly negligent or without probable cause, but it also has to terminate favorably on the merits. This means you can go through years of frivolous litigation with little to no recourse. More often than not, litigants get burned out from incurring legal fees, and simply settle the case rather than take a chance on recovering their fees in a Dragonetti Action.

Nevertheless, and despite it’s high burdens, the Dragonetti Act is particularly important because Pennsylvania does not have an anti-SLAPP statute.

The Feminist Inquisition of Heretic RooshV

Earlier in the week, I learned that something was brewing up north. RooshV said some stuff that made people upset, so they decided to try and kick him out of Canada, untruthfully brand him a rapist, throw a beer in his face, and then brag about the whole thing on the internet. They even posted a video of the assault on the internet.

As you might imagine, the people responsible for this unlawful mob justice behavior promptly went to jail.

Just kidding.

The Canadian government not only failed to press charges against the assailants, but some government officials actually joined in protests against Roosh.

This weekend I flew up to Toronto to get a closer look (and eat poutine). I even attended an “anti-rape / pro consent” rally to figure out what this is all about.

After spending the weekend in Toronto, I’ve had an opportunity to put my thoughts together.

Flying the Banner of Rape – How Feminism Went From Promoting Equality to Becoming a Cult Religion

Rape is a terrible thing. Understandably, the word and the concept triggers deep emotions in many, especially those who are rape victims. 

RooshV Wins Battle for Free Speech in Montreal; Also Gets Defamed and Assaulted

There is a new threat to freedom of speech around the world. On the internet, they’re called “social justice warriors.” “SJWs” are basically a loose group of left wing activists who take offense to everything anyone says. They thrive on outrage, no matter how silly.

These are the people who just finished college. You know, the kids we all try and avoid interacting with, because doing so will result in having stupid conversations about the dangers of heteronormative cisgendered privilege. While I find it just absolutely fascinating that you have a masters degree in gender studies, use big words I don’t understand, and work at Starbucks, can’t we just talk about sports or something fun? In years past, they were nothing more than a minor annoyance.

But lately it’s gotten a bit more, shall we say, real. Disagree with a political position? That’s “harassment” and “hate speech.” Suggest that men and women are equally responsible for their sexual endeavors? That’s “misogyny” and promotion of “rape culture.” SJWs fabricate assaults, death threats, rape threats, and all kinds of other crazy stuff to try and turn internet flame wars into real life. Social Justice Warriors are trying to ban speech of anyone who disagrees with their opinions, manipulating the concepts of “harassment”, “safety”, and “hate speech.” At the same time, they make actual physical threats against the people they disagree with, but apparently it’s okay because the SJWs think they’re right and it’s justified. Just look at what they tried to do to Mike Cernovich over an internet flame war.

As PDQ puts it: “SJWs turn to the same identity politics that they espouse to despise on its head and use it in ironic fashion to silence critics based on their identity: sex, gender, age, religion and sexual-orientation.  It’s easier to shut down a critic with “WTF DO U KNOW UR WHITE” than it is to have an NPR-style thoughtful exchange.  In the brevity of Twitter, SJWs have created a social-support system for each other against critics, which conjures up the new suffix “-splain”.   #Whitesplaining.  #Mansplaining.  #Cissplaining.”

Even a college professor admits that “[t]hings have changed since I started teaching. The vibe is different. I wish there were a less blunt way to put this, but my students sometimes scare me — particularly the liberal ones. … This shift in student-teacher dynamic placed many of the traditional goals of higher education — such as having students challenge their beliefs — off limits.”

The goal of SJWs is to silence anyone who disagrees with them or challenges their beliefs, through any means necessary.

In 2015, the internet is serious business.

Differentiating Attorney Advertising and Blogging – The California Bar Thinks People Are Too Stupid to Use the Internet

DISCLAIMER: CLOVER THE CAT THINKS YOU SHOULD HIRE ME FOR ALL YOUR CAT NEEDS. THIS MAY OR MAY NOT BE ATTORNEY ADVERTISING.

I’m an attorney. I have a blog. What do I write about? Whatever I feel like writing about. Sometimes I write about cats. Sometimes I write about cheesesteaks. Sometimes I write about law stuff. I don’t wake up in the morning and say “I should write an article about such and such topic because it will generate more clients.”

Do I get clients from writing this blog? Indirectly. I get very few calls that go like this:

“Hey, I read that post about cheesesteaks on Philly Law Blog.”
“Oh yeah? Did you like it?”
“Yeah, it was great! By the way, my son got sick from a cheesesteak and we need someone to represent us. Clearly, you are a cheesesteak lawyer and an expert in your field. I also hear you like cats. Can you help us?”

Jordan Rushie joins Randazza Legal Group

When I was in law school, I used to read The Legal Satyricon. I remember thinking “This blog is awesome! But I could never do anything like that.” Marco has always been known for his high flyin’, foul mouthed, unique breed of legal representation. Something I always wanted to do but couldn’t. Because I was a nameless, faceless associate at a law firm billing hours and serving corporate clients.

One fateful day in April of 2011, I was checking my email before going to Whole Foods. Little did I know how much my life would change that fateful morning. As I was checking Solosez (a lawyer listserve where stupid people go to ask other stupid people stupid questions to get stupid answers), I learned that I had been named as a defendant in Rakofsky v. The Internet (hysterically and appropriately named by Scott Greenfield). Not sure what to do, I called Brian Tannebaum, a lawyer who used to write a good blog (two, actually), that I read regularly. When Brian got done yelling at me for interrupting his day, he put me in touch with Marc Randazza, who became my lawyer and proceeded to decimate the lawsuit.

Since then, I have started my own firm, wrote an ABA 100 Law Blog, and have had a career that I never could have imagined in my wildest dreams. Much of which involves protecting the First Amendment, intellectual property rights, and zoning. I went from working in a law job to having a practice that I feel excited and energized about every single day. Life is good. [Editor’s Note: Scott Greenfield nominated Philly Law Blog to the ABA 100. I love him forever.]

I blame Marc for most of it. 

Over the last few years, we’ve done a lot of work together, a lot of which was in the press. Just one of many examples, Me and Marc handled The Bellwether Trial, which was the first bittorrent case ever to see the inside of a courtroom. We are currently working on other interesting cases throughout the country, most of which I can’t blog about just yet. (stay tuned).

It’s been a wild ride.

So, in the interest of keeping things simple, I have decided to join Randazza Legal Group as Of Counsel. This actually happened awhile ago, but I was too busy to write about it.

It’s a great honor to be working with someone who I have idolized for many years, who defended me in my first lawsuit, and helped me get my own career off the ground.

And don’t worry. Fishtown Law won’t be changing one bit. Me and Leo continue to be your neighborhood Fishtown Lawyers, drinking all the craft beers and hanging around town. I will still be working out of 2424 Studios here in Fishtown and harassing Leo on an everyday basis (although I will be in Vegas from time to time, mostly to skirt open container laws).

 

Sometimes, our clients get ridiculous lawsuit threats…

View this document on Scribd

Sometimes, those ridiculous threats warrant an equally ridiculous response.

View this document on Scribd

Bagels, anyone? [Ed: “Liable Per Se”? What’s that?]

Read more here: http://www.philadelinquency.com/2014/08/01/pdq-receives-lolsuit-threat-legal-dept-responds/