thewayne: (Default)
Of course the big news is someone got indicted on a few counts of mishandling documents, but that's hardly worth talking about when we can discuss dog chew toys and nursing homes!

Jack Daniels sued a toy maker that makes parody dog chew toys, including one that largely duplicated the appearance of the very famous Jack Daniels' whiskey bottle, calling it Bad Spaniels. Jack Daniels makes lots of merchandise and claimed that the toy diminished their brand. A lower court ruled in favor of the toy maker, claiming that it was their First Amendment right under protected parody ruling. The Supreme Court, in a surprisingly unanimous ruling, said 'Nuh uh!' and overturned the lower court, citing Aqua's Barbie Girl song. I'm not kidding. Barbie Girl was quoted IN COURT.

The nursing home ruling is really good! The family of a patient sued the nursing home that a husband was in, saying that they doped him up on psychotropics, making him unable to walk or feed himself, then tried to transfer him to a state facility. The home claimed that the family couldn't sue to enforce his rights, the court ruled 7-2 'Uh-huh, they can', with - guess who? - Thomas and Alito dissenting. It's the last few paragraphs of the Jack Daniels article.

https://www.npr.org/2023/06/08/1181012952/supreme-court-jack-daniels-decision
thewayne: (Default)
The putsch putz is Texas-born, and Texas passed a law saying that social media companies cannot delete posts for expressing political beliefs. Here's what he posted that was deleted:

"Over the next 24 hours, I would say lets get our personal affairs in order. Prepare our weapons, and then go get’em,” Smocks wrote on Parler from a Washington, DC hotel on January 7th. “Lets hunt these cowards down like the Traitors that each of them are. This includes RINOS, Dems, and Tech Execs. We now have the green light."

He posted this on January 7th from WASHINGTON, DC, after posting other inflammatory posts prior to 1/6. Parler deleted these posts. Now, I may be missing something here, but I see a couple of problems with the suit.

First, the law passed in August of '21, seven months after the post was removed. There's a little problem with Ex Post Facto. As soon as the owners of Parler bring this up in court, that should pretty much be the end of it.

Second, PARLER AS AN ENTITY IS BROKE. CURRENTLY IT DOES NOT REALLY EXIST. They were bought out by a larger media company who were not operating the system then and can probably declare immunity from the suit. Now, if he'd filed BEFORE Parler was bought out, that would be a different as bankruptcy doesn't necessarily discharge legal action against an entity.

The article describes the guy's rather amusing criminal history going back many years. One thing that I wish it clarified was whether he was a Texas resident when the posts were deleted - it specifies he's a TX native, but not whether or not he was living there at the time. It's known the posts were made out of state. If he wasn't living in Texas, he might not have standing to file.

I can't wait for the suite to be tossed - I hope! - and the tears being shed while he moans about the Deep State controlling the court system!

Oh, also: this guy was the second person convicted in the insurrection and sentenced to 14 months in prison. No idea if he's done his time yet or what.

https://gizmodo.com/parler-january-6-convict-troy-smocks-sues-over-ban-1850479781

(EDIT: originally posted the amount of the suit was $470 mil, simple typo)

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