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New York, 2:37 AM
Thu Dec 3
50 posts in the last 24 hours

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  • posts about #firstamendment more →

    Supreme Court Justice Censors High School Newspaper's Puff Piece About Him

    Floyd Abrams' Spurious First Amendment Excuse for S&P

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    Dsmvwl  Admin  Promote to frontpage Approve user Ban user ×
    Image of depardoo depardoo
    11/11/09

    In reply to Supreme Court Justice Censors High School Newspaper's Puff Piece About Him
    No uniforms at Dalton, alas. #prepschool
     Reply
    depardoo was starred depardoo was unstarred
    Image of naugahydeinplainsight naugahydeinplainsight
    11/11/09

    In reply to Supreme Court Justice Censors High School Newspaper's Puff Piece About Him
    Dear Gawker Community,
    We are unable to comment on this post due to numerous publication constraints.
    I knew I shouldn't have given the editors the right to check my quotes.

    Actually, the NYT should be familiar with this sort of quote-check pre-publication approval. John Cook showed last week how reporter Jeremy Peters entered into a similar deal with Paterson chief of staff Charles O'Byrne. [gawker.com]
     Reply
    Edited by naugahydeinplainsight at 11/11/09 8:56 AM naugahydeinplainsight was starred naugahydeinplainsight was unstarred
    Image of Mo MoDo Mo MoDo
    11/11/09

    In reply to Supreme Court Justice Censors High School Newspaper's Puff Piece About Him
    This would make such a cool episode of Gossip Girls. #prepschool
     Reply
    Mo MoDo was starred Mo MoDo was unstarred
    Image of skahammer skahammer
    06/02/09

    In reply to Floyd Abrams' Spurious First Amendment Excuse for S&P
    Fricking awesome illo, by the way.
     Reply
    skahammer was starred skahammer was unstarred
    Image of depardoo depardoo
    06/02/09

    In reply to Floyd Abrams' Spurious First Amendment Excuse for S&P
    I don't begin to understand it, but I've been told that this First Amendment argument has some merit and a real chance of prevailing.


    Separately, it seems to me that the conflict of interest (i.e., being paid by the people who benefit from the higher rating) is hard to argue your way around. I think the government's decision long ago to turn over to the private sector what was essentially a public or quasi-public function (ratings) was a huge mistake and should perhaps be reversed.

     Reply
    depardoo was starred depardoo was unstarred
    Image of Rumpelstilskin Rumpelstilskin
    06/02/09

    In reply to Floyd Abrams' Spurious First Amendment Excuse for S&P
    Is the dog in the drawing supposed to be Bo-bama?
     Reply
    Rumpelstilskin was starred Rumpelstilskin was unstarred
    Image of dado dado
    06/02/09

    In reply to Floyd Abrams' Spurious First Amendment Excuse for S&P
    If the rating agencies lose, and are forced into a structured settlement, I would like to securitize those cashflows into a senior subordinate deal and have the rating agencies rate those tranches in order for them to get their money back.
     Reply
    dado was starred dado was unstarred
    Image of Astigmatism Astigmatism
    06/02/09

    In reply to Floyd Abrams' Spurious First Amendment Excuse for S&P
    This argument is complete bullshit, but so what? Floyd Abrams is a partner at a big New York law firm that's neck-deep in the securities industry, so it makes perfect sense that they would use him as part of a kitchen-sink strategy to keep their clients out of trouble. This says nothing about his First Amendment work or his reputation: as the New Yorker has put it, remember, lawyers "can only afford to do all this pro bono because of how much anti bono pays."


    [www.cartoonbank.com]

     Reply
    Astigmatism was starred Astigmatism was unstarred
    Image of City_Dater City_Dater
    06/02/09

    In reply to Floyd Abrams' Spurious First Amendment Excuse for S&P
    So S&P has been providing "advertorial content" all this time.
     Reply
    City_Dater was starred City_Dater was unstarred
    Image of Mike_Jonze Mike_Jonze
    06/02/09

    In reply to Floyd Abrams' Spurious First Amendment Excuse for S&P
    Consumer Reports gave my air conditioner 5 stars and said it was "nearly silent", but every time I turn it on it sounds like a fucking truck engine. I'm suing.
     Reply
    Mike_Jonze was starred Mike_Jonze was unstarred
    Image of britneyspearstears britneyspearstears
    06/02/09

    @Mike_Jonze: To the courthouse!
     Reply
    britneyspearstears was starred britneyspearstears was unstarred
    Image of lawyergay lawyergay
    06/02/09

    In reply to Floyd Abrams' Spurious First Amendment Excuse for S&P
    This is idiotic. Any first-year law student knows that commercial speech enjoys fewer protections than, say, political speech. The fact that the ratings agencies are paying Floyd Abrams to defend them is an indication of how piss-their-pants terrified they are of litigation.
     Reply
    lawyergay was starred lawyergay was unstarred
    Image of skahammer skahammer
    06/02/09

    @lawyergay: Any first-year law student knows that commercial speech enjoys fewer protections than, say, political speech.

    As a general principle, sure.

    But whether that principle is properly invoked here gets into complicated policy issues, I think. Like whether S&P knew that its representations were false/fraudulent. And that seems like a pretty high bar for a prosecution to clear.

    The more I think about this, the more I think Abrams might be right on the First Amendment question. On the other hand, I think it's possible that S&P's status as an NRSRO creates some kind of enhanced duty here. If I were prosecuting, I'd be looking for something like that to mitigate the First Amendment issue -- because I don't think that issue is a winner for the govt here.
     Reply
    skahammer was starred skahammer was unstarred
    Image of miss_msry miss_msry
    02/09/09

    In reply to Reporter Roughed Up for Questioning Obama's CIA Pick
    Dear boobyguard, you're doing it wrong.
     Reply
    miss_msry was starred miss_msry was unstarred
    Image of BxgrlJeri BxgrlJeri
    02/07/09

    In reply to Reporter Roughed Up for Questioning Obama's CIA Pick
    This is not a First Amendment violation. Prior restraint is when you try to cease a publication BEFORE it is published because it says something bad about you.
     Reply
    BxgrlJeri was starred BxgrlJeri was unstarred
    Image of Mediahohoho Mediahohoho
    02/07/09

    In reply to Reporter Roughed Up for Questioning Obama's CIA Pick
    I see Politico remains desperate to grab more than its daily quota of headlines. Have they tried reporting the news, or are they merely content, their Republican blow job recipients out of power, to always try to be the story.


    I suggest the boys from Politico go back to tricking frat boys in Georgetown.

     Reply
    Mediahohoho was starred Mediahohoho was unstarred
    Image of Uncle_Billy_Slumming Uncle_Billy_Slumming
    02/07/09

    In reply to Reporter Roughed Up for Questioning Obama's CIA Pick
    Manhandled. Roughed up involves things like pistolwhipping doesn't it?
     Reply
    Uncle_Billy_Slumming was starred Uncle_Billy_Slumming was unstarred
    Image of onebadclam onebadclam
    02/07/09

    @Uncle_Billy_Slumming: That's the way we old school goons still do it. Ba Da Bing!
     Reply
    onebadclam was starred onebadclam was unstarred
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