Boneless Chicken Wings with Bones

Posted on December 15, 2024 by Tom Liberman

It’s hard to believe I’m just now hearing about the Ohio Supreme Court case involving boneless chicken wings with bones which was decided back in July, but here we are.

What is this boneless chicken wings with bones case all about? It’s not quite as straight-forward as you might imagine. Michael Berkheimer had some boneless chicken wings at a restaurant named Wings. He ordered his usual boneless chicken wings. He ate them. A small bone got lodged in his esophagus and ended up causing extensive damage requiring multiple surgeries.

He sued and that’s where it all gets legal.

Is it a violation to have boneless chicken wings with bones?

The case went through several courts before arriving at the Ohio Supreme Court. The court decided that boneless is a term meaning cooking style, not an absence of bones. They dismissed the case with the author of the opinion writing the following: A diner reading ‘boneless wings’ on a menu would no more believe that the restaurant was warranting the absence of bones in the items than believe that the items were made from chicken wings, just as a person eating ‘chicken fingers’ would know that he had not been served fingers.

I think it can be argued that it’s possible a bone might accidently slip into a boneless chicken wing and therefore Mr. Berkheimer is not entitled to sue Wings or their supplier. I disagree, but I do think it’s an argument.

Can a Jury Decide if Boneless Chicken Wings with Bones is actionable?

Here’s where things get incredibly dubious, at least in my opinion. The Ohio Supreme Court argues that Mr. Berkheimer cannot even bring the case to a jury. They dismissed the case as unwinnable. No reasonable person might think the boneless chicken wings with bones is actionable.

It’s clear to me, and virtually everyone else who’s been writing about this case since July when it first appeared, a reasonable person might well find Wings and their suppliers liable. Of course, it’s possible they might not find them so. But to suggest the case is unwinnable, that no reasonable person would find for Mr. Berkheimer, smells deeply of corruption. Of judges bowing the will of their moneyed masters.

Conclusion

The system is rigged against people without the financial resources to influence court cases. That’s the facts.

Tom Liberman

Dark Chocolate with Cadmium and Lead is not Premium

Posted on November 14, 2024 by Tom Liberman

I just read about an interesting false advertising legal case making its way through the U.S. Court system involving dark chocolate with cadmium and lead. In this particular case it’s Lindt Chocolate made in Switzerland.

I’ve written about false advertising in the past and I do think manufactures should give a fairly reasonable description of the product. In this case, Lindt advertises its chocolates as expertly crafted with the finest ingredients. They do not write dark chocolate laden with cadmium and lead on the label, for obvious reasons.

Study Reveals Dark Chocolate with Heavy Metals

The reality is that dark chocolate is usually laden with at least some heavy metals. The Cadmium generally arrives from the cocoa plant itself while lead gets there during the processing phase. The study that led to the lawsuit examined a number of dark chocolate brands including Lindt.

The result from Consumer Reports showed Lindt dark chocolate contained high-levels of Cadmium. Cadmium is generally considered a dangerous heavy metal that can lead to a variety of negative healthy effects.

Of the dark chocolate tested, Lindt wasn’t the highest for cadmium and lead nor was it the lowest.

The Lawsuit over Dark Chocolate with Cadmium and Lead

At issue is the advertising statement of expertly crafted with the finest ingredients. The argument goes that this statement might lead a consumer to pay for Lindt with the expectation that it did not have some of the problems associated with dark chocolate of a lower quality.

Lindt lawyers call the advertising statement puffery. Puffery is a legal term indicating that a reasonable consumer knows it’s merely exaggeration, boasting, and blustering. That it isn’t a real indication of the product quality. Anyone who has ever seen any advertisement knows all about puffery.

Lindt Dark Chocolate Conforms with Regulations

There are regulations about how much cadmium and lead is allowed to be in various food products and there is no question that Lindt chocolate comes in under this level. The Food and Drug Administration considers it safe for consumers in the United States.

The Fate of the Lawsuit

I strongly suspect the suit will result in no damages for the plaintiffs but that, perhaps, is not the point. The lawsuit, in my opinion, aims to educate the average buyer as to what they are consuming when they eat dark chocolate. Which is often advertised as healthier than milk or white chocolate.

We’ve seen quite a few lawsuits of this nature. Tuna in Subway sandwiches. Strawberries in Pop-Tarts. Various ingredients in supplements. It’s an interesting way to illustrate, Caveat Emptor. Let the buyer beware.

While I suspect the lawsuit is going nowhere, I do applaud the effort. In this modern age it pays to be aware of what you are consuming. The origin of the product, the quality of the product, the way labor is treated by the manufacturer, the environmental impacts of production.

Whether it be dark chocolate with cadmium and lead or any other product, I think most people want to make the world a better place. The government can’t save us and neither can the courts. Your purchasing power is the last line of defense. Use it wisely.

Tom Liberman

Taxes and Perrier a Study in Law

Posted on May 1, 2024 by Tom Liberman

Do you think of Perrier as water? I do. I’d imagine the vast majority of people reading this do. Do you consider it soda? I don’t and I’d think the vast majority of people agree with me, including Perrier itself.

Sparkling Natural Mineral Water is what it says on the bottle. It is naturally carbonated, whatever that means and sourced and bottled at the site it emerges from the ground. I don’t drink a lot of Perrier, nor do I drink much soda but then again, as the saying goes, I don’t know art, but I know what I like. Perrier is water.

Why am I asking you about the nature of Perrier? Because the United States legal system decided Perrier is soda. Why you ask? Money. Taxes.

The Perrier is Water Lawsuit

Jennifer Montgomery filed a lawsuit in Pennsylvania when she paid a tax of twenty-four cents on a 16-ounce bottle of Perrier. She wants a refund because it is illegal to tax water in the United States. It being considered essential to life and all.

Let me pause for a moment to praise Montogomery. Filing this lawsuit required time and money. When the original case was decided against her, she appealed. You go, girl! Sadly, the Pennsylvania Department Board of Revenue Appeals court decided that revenue is the most important factor. We need those tax dollars and nothing is going to stop us from getting them.

Nix v. Hedden

I haven’t put on my Time Travel hat in a while and there was a case back in 1883 involving a similar tax situation and tomatoes. Something about fruits and vegetables. Let’s go back and see what happened then. Now, where is the cap, we did a bit of Spring Cleaning involving the We Got Junk people recently and I hope it didn’t get tossed out along with that hideous lamp.

Hmm, not in the closet. In the fridge? Nope. Here it is, in the Gloomhaven Box, what’s it doing there? Well, never mind, let’s plop it on, spin three times, focus on 1883 and kapow! Here we are. Wowzer, am I poorly dressed, look at all those suits and dresses. I’ll just observe here in back, that constable with the baton looks like he’s ready to use it.

“A tomato is a fruit,” says the lawyer holding the delicious red object in one hand and a large book with the other. “Right here, your Honor, it’s science!”

Bang, down comes the gavel. “It seems obvious, any counter-argument?” says the judge looking at the other lawyer.

“If a tomato is a fruit it’s exempt from the vegetable tariff.”

Bang, down comes the gavel again. “I declare a tomato is legally a vegetable in the United States forevermore.”

“Your Honor …,” says the first lawyer.

“Shut yer yap, contempt of court. Ten days.”

Oops, that constable is giving me the side-eye, spin three times, poof, back home! Remember where I put the hat, I say to myself as I toss it on a shelf.

Well, I guess it’s good to know some things haven’t change. Tax revenue is more important than reality. Yay!

Conclusion

Perrier is soda, the courts have spoken and the courts can’t be wrong.

Tom Liberman

Tribal Regalia in Oklahoma

Posted on May 26, 2023 by Tom Liberman

I just read an interesting story about Native Americans being allowed to wear traditional garb during school graduations. The Oklahoma legislature handily overrode Governor Kevin Stitt’s veto on the matter.

The reason I think it’s an interesting topic is the facts of the legislation and veto are largely misrepresented in the article and in public discourse. The legislature is largely being hailed for allowing the wearing of tribal regalia while Governor Stitt is being attacked for wanting to forbid such displays at graduation. This is largely false.

Neither Allowed or Forbidden

It’s important to understand the Oklahoma legislature didn’t simply allow students to wear tribal regalia, they made it illegal for schools to prevent them from doing so. Likewise, it’s useful to understand Governor Stitt isn’t forbidding students from wearing tribal regalia, his veto simply allows local schools to decide for themselves if such adornments to the traditional cap and gown are forbidden.

Libertarian View

It is my opinion Governor Stitt has the right of it. It’s not in the purview of the state of Oklahoma to dictate graduation garb. It’s not a problem for state government and by intruding on this local decision they extend an authoritarian control to the state which it should not have.

As I often say, if you agree with the state unilaterally giving something then you tacitly condone the state taking the same thing away. If the state of Oklahoma can tell a school district they must allow people to wear native regalia at graduation you are granting the state the authority to command students cannot wear such native regalia. This is the problem with government overreach in general.

The Slippery Slope

There is also the slippery slope argument if the state commands Native Americans cannot be stopped from wearing tribal regalia, other organizations will demand the same right. Can a Christian student carry a giant cross as they receive their diploma? Can a Satanist student wear a huge pentagram? Can a devotee of the Flying Spaghetti Monster wear a colander on her or his head? Can a student from France wear the French flag and sing La Marseillaise as they walk?

I’m not a believer in the slippery slope argument. If students of particular organizations want the right to wear such regalia, then each school district should decide on their own if it is allowed. This is the entire point of Governor Stitt in regards to tribal regalia. It must be up to the local school district or college to make that decision, not the state.

Conclusion

States’ Rights should not trump local rights although the judicial system in the United States seems to have taken another view on that subject. We have swung too much toward States’ Rights in this country. States now seem to have an almost totalitarian right to dictate to communities about anything they want, including whether or not a community is allowed to ban declawing cats. The state should not have the right to dictate to local communities any more than the Federal Government has the right to dictate to the states.

Tom Liberman

California Pork Supreme Court Ruling is good for Small Farmers

Posted on May 12, 2023 by Tom Liberman

The Supreme Court recently ruled California pork rules for items sold within the state are constitutional. The ruling itself came from an unusual 5-4 split decision but that’s not really what I want to discuss today.

The ruling is roiling politicians from pork producing states like Iowa and the leaders of factory farm proponents. Scott Hays of the National Pork Producers Council and Senators Chuck Grassley and Joni Ernst of Iowa all lambaste the ruling as working against small farmers. They are lying. Those three and others like them are not the friend of small farmers. Let’s get into it.

The Rise of the CAFO

Small farmers are being decimated by Concentrated Animal Feed Organizations. I wrote about them recently in a ruling that went in their favor in Missouri. The rule upheld by the Supreme Court for California hurts not the small farmer but the CAFOs.

Small farmers are under tremendous pressure from CAFOs. We’re losing small farmers at a tremendous rate to these enormous operations. Bankruptcy, suicide, and the selling of the family farm to bankers. That’s the reality of being a small farmer today.

Chuck Grassley and Joni Ernst aren’t on your Side

Small farmers are largely not affected by the California rule or, at the worst, can fairly easily comply. That’s why a number of organizations that support small farmers filed briefs in favor of the California rule. The organizations that are badly hurt are CAFOs. They cannot easily change their operations to treat animals in a more humane fashion.

When Grassley, Ernst, and Clark begin their wailing and weeping they show their true colors. They are all for the destruction of the traditional family farm. They hate the family farm. They want the big CAFO and the big campaign contribution. This is largely the state of the Republican Party. People in rural communities are voting for politicians that actively work to destroy the family farm all the while lying and telling the farmers the exact opposite. It’s vile.

Your Vote Matters

If the rural community continue to support politicians like Grassley and Ernst then it gets exactly what it wants and exactly what it deserves.

Conclusion

I’m not telling you for whom to vote but I am saying there are alternatives. It’s easy to get into a mindset where one party is the cause of all your ills and you vote the opposite. Remember, there are third- and fourth-party choices who offer a different vision.

Tom Liberman

Buy Marijuana in Missouri

Posted on April 13, 2023 by Tom Liberman

Everyone once in a while I need a reminder as to why I’m a Libertarian and my recent attempt to buy marijuana in Missouri gave me such. You see, I wasn’t trying to buy marijuana in Missouri for myself, that’s what the whiskey is for, I was trying to buy marijuana in Missouri for an 84-year-old woman with degenerative arthritis in her hip which causes chronic pain. Hint, it’s my mom.

Turned away. Why? Because I was buying for someone else. I can purchase recreational marijuana for myself. No problem. Credit card please. It’s for my mother who is in chronic pain, can’t walk, and can’t really get into the store without causing herself agony. Out you go, Tom. No demon gummies for you.

The Purpose of a Law

What is the purpose of this law? All I need do is go in and tell the clerk I’m buying it for myself. It’s not an impediment. This is the sort of thing that gets my Libertarian blood in a huff. A huff, I tell you. I rolled my eyes and left. I suppose I could have stayed and purchased the marijuana for myself but I figured I didn’t want to get the clerk in trouble. I’ll go back later.

Who Wrote this?

Someone wrote this law. A group of legislators voted to pass it. The governor signed it. I understand some people don’t like the fact marijuana is legal in the Missouri. That’s fine, at least that’s a defendable position, one I disagree with categorically, but at least an opinion.

Even if you oppose the sale of legal marijuana in Missouri you can’t possibly defend this nonsense. It’s totally useless. It does nothing. It stops nothing.

What could you do?

The simple solution is to limit the amount of marijuana I can buy. If I’m buying for ten people then this precludes me from purchasing so much. It’s still pretty stupid even then as the ten people can just come in themselves and buy it on their own, they don’t need me.

The Problem with the Law

My mother does need me to purchase because she isn’t particularly mobile. The only effect of this law is presumably to prevent me from buying marijuana for my mother, although, it obviously does not do that. Useless law.

Conclusion

Stupid laws are stupid. Legislators that pass stupid laws are stupid. Vote Libertarian.

Tom Liberman

Special Rules for Puerto Rico to enter the Union?

Posted on December 15, 2022 by Tom Liberman

I just read an interesting article about legislation passed in order for Puerto Rico to vote to enter the United States or separate from it. The reason it’s interesting to me is because the process of admitting a new state to the Union is spelled out directly in Article IV, Section 3, Clause 1 of the Constitution of the United States.

Why is any special authorization needed in order for Puerto Rico to apply for admission? It makes no sense to me at all, but maybe someone can explain it.

It’s all there Already

The entire process of joining the Union is completely laid out in the Constitution. Anyone territory or region that wants to join has a referendum and, if successful, can apply. Generally speaking, there is a waiting period while the territory or region puts together their state constitution and then Congress votes on whether or not to accept it into the Union.

It’s not rocket science. Are special rules required for Puerto Rico to apply for entry into the United States as a new state? It’s ludicrous. There is nothing to prevent any region or territory from applying. If some far-off country decided they wanted to apply, so be it. Congress is under no obligation to admit any territory or region.

Who is the United States to tell Puerto Rico they can or cannot Apply?

Since when do we make the rules for application for admission. It’s not up to us to determine if you want to apply or not, it absolutely is up to us to decide if we accept the application. Nothing else even begins to make any sense to me.

Why can’t anyone apply? It’s insane that Puerto Rico can’t apply. They’ve had a number of referendums ever since the United States took over from Spain in 1898 after the Spanish-American War. Puerto Rico has been a territory ever since with the people being United States citizens but without voting rights, no Congressmembers, and no federal income tax on earnings made in Puerto Rico.

Good Idea or Bad?

I’m not saying it’s a great thing for Puerto Rico to join the United States nor am I saying it’s a good thing for them end territorial status and become an independent nation. I’m saying it’s up to them and always should have been. Why would they need a special law to leave or join? It’s a baffling mystery to me.

Add States to the United States

I will say that I think it’s a terrible shame we’ve admitted no new states since Hawaii in 1959. The United States should never have let partisanship prevent the entry of states. I won’t get too deeply into this topic or the sham that is West Virginia but I do think we should be growing and incorporating more of the world in the grand experiment, not cutting ourselves off.

Conclusion

If the people of Puerto Rico want to join the Union, so be it. They can apply. It’s as simple as that.

Tom Liberman

Gambling is a Problem for a Libertarian

Posted on November 30, 2022 by Tom Liberman

I’ve written on the topic of gambling numerous times over the years and generally from the perspective of a Libertarian. That is to say, it’s your money and how you choose to spend it is up to you.

That being said, I’ve seen the destructive potential inherent in gambling from when I worked in the golf industry. Even then I thought the problem so wide-spread and influential on young golfers that I made a point not to gamble just to be a possible role-model.

Gambling in the United States is now easily accessible to just about everyone. Casinos are everywhere. Video games have Loot Boxes. Smart phones give access to betting games at all times of the day and night. Problem Gambling is an incredibly destructive addiction and, with greater access to gambling, more people are affected.

What’s a Libertarian to say about Gambling?

In various blogs on the subject my position is fairly clear. The government should not be in the business of enforcing gambling bans and putting people in prison for gambling. If people want to gamble, they will find a way and the prohibitions only create black markets and misery.

I also think government shouldn’t be facilitating gambling. Government should tax gambling houses in the same way it collects revenue from any other store. The rational being the government provides roads, utilities, and other things necessary for the operation of the store. The only special tax on gambling should be used to fund treatment facilities.

State run lotteries are antithetical to my understanding of how government should operate. They should not exist.

Problem Gambling

The reason I’m writing this article is the increase in problem gambling. It’s a serious problem. Gambling addiction is real and it destroys lives. The greater access we have to gambling, the more lives are destroyed.

Prior to 1979, gambling was largely in the hands of the states and quite restricted. With the advent of Native American Gaming, that all changed. Soon lotteries followed, video poker, sports gambling, and more.

As a child, I remember reading the raffle games rules on the back of cereal boxes. Not valid in Missouri was often in the footer text. Such games were illegal in my state. Not anymore, not by a long-shot.

I’m not going to try to pretend because I’m a Libertarian and support legal gambling that it’s all wine and roses. It’s not. It’s a big problem and growing fast. It’s likely you know a problem gambler, I’ve known a few over the years.

What’s a Libertarian to do?

Where does that leave me? Should I change my mind and support prohibitions on gambling? Can I just pretend the people who suffer terribly in part because I advocated for gambling don’t exist? That their problems are not my fault, not my business?

My position is not simple or easy. As I’ve mentioned before, I think Critical Thinking skills must be taught to children starting at the earliest levels of education and reinforced every year thereafter. These lessons must include the basic principles of gambling. How it affects the human mind, the methods used to entice gamblers.

Biology classes should discuss the release of Serotonin and Dopamine into the human brain and why some people are much more likely to become addicts.

Treatment

Facilities for treating gambling addiction are on the rise, as can be expected, and that’s a good thing. As I mentioned above, I don’t think it unreasonable to have added taxes on gambling to fund these places.

Conclusion

I don’t think banning gambling works and I’m strongly opposed to the government funding itself from gambling. Banning gambling means those who are capable of doing it responsibly cannot do something they enjoy.

The only real solution is not a complete solution at all. It relies on educating people to the potential dangers, giving them the information they need, and then trusting those individuals to make good decisions.

Will this solve problem gambling? No. People will still make bad decisions. Brain chemistry will still bring on addictions. People will suffer and partially because I advocate legal gambling. I bear some responsibility for this enormous problem and that’s why I say gambling is a problem for a Libertarian.

Tom Liberman

Full Movies on Twitter and Section 230

Posted on November 20, 2022 by Tom Liberman

There’s an interesting situation in regard to Full Movies on Twitter being posted without repercussion. I can’t pass an opportunity to discuss any situation at Twitter but, in full honesty, I absolutely find this a fascinating from a legal perspective. It’s not just a matter of me piling on.

Twitter and other Social Media websites are generally immune to being sued for the content posted on their platforms under Section 230 of Title 47 of the United States Code. What I find interesting is the number of people who think this section makes Twitter immune to fines in this situation.

I’m a bit of a legal buff but not a lawyer. Therefore, if any actual lawyers out there wish to correct me, please have at it!

Is Posting Full Movies on Twitter Illegal?

Absolutely. Those movies are owned by entities with copyrights. Anyone who posts something like that on Twitter is subject to prosecution. This usually ends up with users banned from the social media platform rather than fines but repeated offenses will land the offender in the courts.

Is Twitter in Legal Trouble for what Others Post?

Reading the first few stories on this developing situation there are a number of people citing Section 230 as a reason Twitter and Elon Musk as the owner are under no legal peril. I disagree. Now, Twitter is absolutely not responsible for what other people post, that’s true.

The Motion Picture Industry and others actively monitor Twitter and other social media platforms for copyright violations. These entities and their agents then make copyright strikes against the person posting the movie, song, or other copyrighted media.

Once the automated system sees a copyright strike, the content is generally removed until a full review can be managed. There are problems with this system as well; people can and do use copyright strikes as weapons against social media users they dislike rather than as legitimate complaints. Let’s not get into that today.

The problem here is the copyright strike system seems to be broken. So, the industry is fulfilling their legal obligation but Twitter is failing to remove the movies after the strike. I think this is a serious violation and could end in enormous fines. Copyright infringement has stiff penalties pushed through the legal system by the entertainment industry. Stiff. Real stiff. Large fines for each violation. Every violation. Tens of thousands of them, potentially millions. As long as the copyright strike system remains broken more and more violations are piling up every minute.

Conclusion

Posting full movies on Twitter is a violation by the user and not Twitter under Section 230. Failing to promptly act on copyright strikes is outside the scope of Section 230. I wouldn’t be surprised to see Twitter shut down at least temporarily.

Naturally, I could be wrong and invite those with actual legal expertise to correct my mistakes.

Tom Liberman

Who is your Daddy Identical Twin Child Support

Posted on November 16, 2022 by Tom Liberman

I just read a fascinating legal case recently adjudicated in Brazil and it brings up some interesting questions, for me at least. It involves identical twin child support payments. It seems a pair of brothers have long used their identical twin status to impersonate one another, particularly in regards to swapping sexual partners without the knowledge of the woman.

In any case, a girl was impregnated by one of them and a DNA test proves this but not which one. The judge ordered both the men to pay child support in lieu of a second, more refined test that only sometimes differentiates between identical twins.

The Legal Ramification of Identical Twin Child Support

The case is salacious and thus getting headlines in the news but what interests me is the more esoteric legal questions. If it is sometimes impossible to use DNA to differentiate between identical twins, then who is the criminal, or in this case, the father?

In the United States the standard for conviction is proving the guilt of the defendant beyond a reasonable doubt. If the defendant has an identical twin and neither of them has alibis for the time of the crime, how am I to convict one or the other?

In the case of the identical twin child support, we know for a fact that a man who is not the father is now legally required to pay for the upbringing of the child. In the case of a murder or other crime, the punishment might well be years in prison.

What’s a juror to decide? What’s a judge to decide on appeal? Certainly, an appeal of any conviction is perfectly reasonable, I didn’t do it, it was my identical twin.

Wrongly Convicted

There are all sorts of expert witnesses who end up sending the wrong person to jail. I wrote years ago about how Blood Spatter Analysis is largely a bogus science and yet it still results in convictions.

In the case of DNA analysis, the chance for an unjust conviction is greatly reduced, which is a great thing. It’s not perfect and this case illustrates one of the problems.

I recognize the situation of the identical twin child support is quite rare in the annals of criminal law but I still find it fascinating.

Conclusion

If a case like this went to trial and you found yourself as a juror, what do you think is the correct resolution?

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Tom Liberman

Depp and Heard are a Billion Dollar Industry

Posted on May 18, 2022 by Tom Liberman

Depp and Heard are in the middle of contentious legal battle and it’s a billion dollar industry. I’m conflicted. I’m talking about Amber Heard and Johnny Depp but I don’t think anyone needs that clarification. Who isn’t cashing in on the Depp and Heard drama?

I’m conflicted about this blog. Writing it means I’m part of the legion of Depp and Heard opportunists. Am I expressing genuine thoughts here or do I just want clicks and eyes on my blog? Maybe this post will go viral and indirectly result in the sale of millions of my novels.

On the other hand, the sheer volume of people trying to cash in on this terrible and tragic story is nauseating. I suppose it’s all moot in the end, you’re reading this and that means I wrote it. Let’s get on with it.

Depp and Heard Trial

The trail is all over the news and I’m not going to expend any time talking about the awfulness of one party versus the other. It’s a terrible tragedy. A marriage gone horribly wrong. Two people whose love turned into an international tragedy and lawsuits.

Cashing In

Who is the big winner in all of this? Not Depp and Heard. It’s mainstream news channels. Alternate news channels. Misogynists, social justice warriors. It’s social media personalities, all the influencers. Even morally bankrupt politicians are trying to garner a few votes by picking sides. Scalpers! Yuck.

Twitch watch parties with some of the biggest streamers. YouTube personalities with millions of subscribers releasing daily videos with sensationalistic titles. Depp this! Heard that! The Big Moment! Twitter is trending Depp and Heard. TikTok. Name a social media outlet and I’ll show you opportunists trying to take advantage of the situation to make some money.

Sick to my Stomach

I’m honestly feeling nauseas just writing this. I’m regretting it. I’m thinking I shouldn’t be doing it just because it means I’m part of the problem. Still, I think it’s important to call out everyone profiting off this situation.

I know this lurid story is interesting and people are genuinely picking sides. That being said, there is no doubt that a YouTube video that suddenly generates millions of watches is a strong motivator to make more such content. A Twitch streamer watching the legal case live with thousands of viewers is cash in the bank. It’s money and its gross money, at least I think so.

Human Nature

People love a train wreck. It’s undeniable. People cheer at the hockey game as much during a fight as they do for a goal. Many people enjoy the lurid, the sensational, the exciting. Depp and Heard is all that. Everyone has an opinion and if they can make some money expressing it, all the better.

I suppose I’m tilting against windmills here, just the same as when I rail against drafting in professional sports.

Conclusion

I think I’ll wrap this up quickly and then go wash my hands. Gross. It’s all so gross.

Tom Liberman

Cremated and Unable to Rapture Lawsuit

Posted on March 24, 2022 by Tom Liberman

There’s an interesting lawsuit making its way through the courts in Arkansas against a funeral home that cremated the remains of man against his and his family’s wishes. The man believed that if cremated his body could not ascend to heaven during the rapture. The lawsuit indicates the cremation caused significant emotional distress on the family.

It’s been a while since I wrote a legal blog as I’ve been preoccupied with entertainment and I thought I’d chime in on this one, particularly after reading the comments. The comment thread on the story seems focused on the idea that god can do anything and the man’s beliefs and that of his family are wrong.

I’m happy to say your beliefs are not on trial, whatever they might be.

The Rapture Lawsuit

It seems pretty clear to me that when the Roller-McNutt Funeral Home cremated the remains of Harold D. Lee they violated a contract. They certainly acknowledge as much, waived all fees and returned the deposit to the family.

The family members believe Lee’s cremation means he cannot ascend to heaven. Thus, the rapture lawsuit. I’m not going to get deeply into religion in this blog as we’re talking law, but we must consider it to some degree. Here in the United States, we have something called Freedom of Religion. People can have whatever religious beliefs they want without fear of legal ramifications.

Anguish

If the Lee family believes Harold can’t get into heaven, then that’s what they believe. It doesn’t matter the vast majority of comments involved the idea an all-powerful deity isn’t restricted by a cremation. The comments largely ridiculed the family for this belief. The Lee family believes it so, and that is their right. That’s all that matters. Not your opinion nor my opinion of their grief.

It’s important to understand mental anguish in regards to the rapture lawsuit is not debatable. If they claim to be anguished, they are anguished. You cannot prove someone is or is not suffering mental anguish. As nonsensical as this atheist finds their beliefs, I cannot argue against their anguish.

Damages

The thing the court must decide in this rapture lawsuit is what actual damages the family suffered. Seeing as the funeral home refunded all fees there are no immediate financial damages. However, if the family can prove the anguish of the event caused them to miss days of work, firing from work, suffering financially, then the rapture lawsuit has merit.

It’s clear the funeral home made a terrible mistake. Personally, I want to be chucked, wearing only my beloved St. Louis Cardinals jacket, into a hole and left to the worms. Sorry for any damage that image burned into your brain. If the funeral home did something else, it’s possible my family members might be anguished. No matter her or his anguish, they have to prove damages in the lawsuit.

Getting into Heaven

The court cannot offer damages for the ascension, or lack thereof, of Harold into heaven. You cannot assign a price that. Nor could my family sue religious organization if they performed some rites that supposedly sent my non-existent spirit to heaven.

I won’t mince words here. I don’t want to go to your imaginary heaven. I’m morally and ethically disgusted by the Judeo-Christian-Islamic god as depicted in your holy books. I want no part of it. But my family can no more sue for damages for you believing I ascended than the Lee family can sue for their belief in the lack of his ascension.

Conclusion

If the Lee family can prove their emotional distress caused them damages, the funeral home will have to pay. They made a terrible mistake and the family member’s anguish cannot be debated.

Tom Liberman

Texas Gun Law if there is no Crime why do Time?

Posted on June 29, 2021 by Tom Liberman

Crimes that No Longer Exist

A new Texas gun law overrides previous illegal activities, particularly in regards to rules for carrying a firearm. Yet there are many people in prison for violating those laws in the past. Should we release those prisoners immediately?

The same goes for prisoners serving time for drug behaviors no longer considered criminal. I find it an intriguing question worth exploring and that is my aim today.

It was a Crime Then

Some will say the prisoners committed crimes at that time. Or at least a jury found them guilty of doing so. Just because carrying a weapon without a permit or training is now legal thanks to the new Texas gun law doesn’t mean people doing so didn’t break the law in the past.

I understand the argument although I disagree with it. Now, if you argue someone who drove fifty miles per hour down a thoroughfare with a speed limit of thirty but where the limit is now sixty should be released, I don’t agree. Driving over the speed limit is still a crime. Just because the limit changed on that particular street doesn’t absolve someone of breaking the existing rule.

I think a crime like carrying a weapon without a permit is different than running a red light at an intersection that no longer exists. If the state decides it’s perfectly legal to carry a firearm without a permit or training, then immediately release anyone incarcerated for doing so in the past.

What is a Crime?

To a large degree my argument comes down to defining a crime. It is my opinion, if we decide a certain activity is not criminal any more, then it behooves us, in the name of justice, to release anyone who committed that supposed crime during the period it was considered against the law.

What is the point in declaring something a crime in the first place? It’s largely designed to protect the people of region from some negative outcome. One of the biggest problems we have in the United States, in my opinion, is that we use the legal system to punish people we don’t like.

If the state legislators of Texas declare people can carry a gun without a permit, then no one should be in jail for doing so. Who exactly are we serving when we keep such offenders in prison? They did something now considered perfectly legal.

If you want to keep people in jail for committing that particular crime, then you should be against changing the law now. Freedom is not something to take away lightly.

Tom Liberman

Apple Buy or Rent Lawsuit

Posted on April 23, 2021 by Tom Liberman

What is the Difference between Buy or Rent?

A federal judge allowed a class-action lawsuit against Apple involving the difference between the options buy or rent to continue. At question is the option at offer in selling music, should customers of Apple Buy or Rent their music, movies, and television shows? I love the law so let’s examine the issue.

As it stands in the Apple Buy or Rent conundrum the company offers people the option to buy but in reality, if the owners of that content ever decide Apple no longer has rights to it, the customer also loses the ability to consume the media.

When you buy something from Apple you are not really buying it. Apple gives you the opportunity to consume that media on your device at the time of your choosing but nothing more. People seem to think the store should use the word rent instead of buy because you never actually own the content.

I have a couple of problems with the lawsuit; primarily I ask what end result the litigants hope to get. I also see no damages resultant of the difference and therefore I’m not sure if compensation is in order.

Compensation for Apple Buy or Rent

I don’t want to, and am not capable of, getting into an in-depth discussion of Tort and Contract law but one of the principles involved is damages. In order to receive compensation, the plaintiff must show damages. If Apple does not lose rights to the media in question and revoke it; there are no damages. Therefore, the entire lawsuit seems aimed at making a point. What is that point?

What Result do Litigants Want?

Change it to Rent

If the Apple Buy or Rent wording changes, what difference does it make? I rent something rather than buy it but that doesn’t change the fundamental nature of the business. It’s exactly the same either way. The consumer is not helped in any way.

If the content creator revokes the license from Apple the customer loses rights, exactly as things currently stand.

Rent the Content from the Creator

If the litigants want to force Apple to allow us to purchase the content outright it essentially drives Apple out of the business entirely. Customers must buy directly from the content creators who do not have convenient stores available to the consumers.

Essentially, every content creator will make their own store front and buyers will navigate a myriad of avenues in order to purchase their content, and, in reality, things don’t even change. When we purchase the media from the content creator, we still merely rent it. If they revoke the license, we’re exactly where we started.

Buy the Content Outright

The final intended goal is possibly that we simply purchase the content outright from the creator. In this case we have to store the content and that costs money. After years of purchasing, we have enormous volumes of media stored on the cloud by Apple. That’s really what our payment is all about. Apple holds all our content on enormous servers and grants us access to that content when and where we desire.

If we want to own the content outright, just like any physical product, we must take care of it ourselves. Ford doesn’t make a garage for our car and keep it shiny and clean and away from thieves. We do that, or we don’t, but it’s up to us in the end.

If I decide to store the media on a home server and there is a fire, it’s gone. If I rent a server from some company and they go out of business, likewise, all my content is gone. I prefer the current model and I think the vast majority of people agree with me.

Conclusion

The convenience Apple offers us through Cloud Storage is the reality of the Apple Buy or Rent question. The remedies to the lawsuit seem to be either pointless or actually an enormous inconvenience. They only make things worse for everyone.

What difference do the words Buy or Rent really make? Nothing. Yet, if this lawsuit somehow persists and proves triumphant in the courts; we lose. Great.

Tom Liberman

Josh Hawley and the Book Publisher

Posted on January 8, 2021 by Tom Liberman

I, once again, get to discuss the implications of Freedom of Speech thanks to Senator Josh Hawley and his disagreement with Simon and Schuster. Apparently, Josh Hawley planned to release a book but after his involvement in the riots at Capital Hill the publisher decided to cancel the project. Hawley believes this is a Freedom of Speech, First Amendment issue and he’s right, sort of. Let me explain.

Josh Hawley argument goes as follows: This could not be more Orwellian. Simon and Schuster is canceling my contract because I was representing my constituents, leading a debate on the Senate floor on voter integrity, which they have now decided to redefine as sedition. Only approved speech can now be published. This is the Left looking to cancel everyone they don’t approve of. I will fight this cancel culture with everything I have. We’ll see you in court.

Simon and Schuster is a private company that publishes books. It is quite clear they can publish whatever books they want and they can choose not to publish other books, say twelve fantastic Sword and Sorcery fantasy novels written by a fellow I know. That’s their right and while I can certainly argue that said twelve novels are among the greatest in human literature, I can’t force them to publish any more than Josh Hawley can do so.

From a Freedom of Speech there is an important difference in me ranting about how unfair it is and Hawley trying using his position as a government official to force Simon and Schuster to publish his book. He is violating the Freedom of Speech clause of the First Amendment. It is quite unambiguous to interpret but that doesn’t stop Josh Hawley from getting it completely wrong, his understanding of the clause is actually the opposite of its real meaning.

Congress shall make no law … abridging the freedom of speech ….

That’s it. That’s the wording. Josh Hawley is a member of Congress. Simon and Schuster is not a member of Congress, it isn’t even a person. It’s a private company that gets to choose what they do and do not publish which is at the very center of our freedom from government interference.

When Josh Hawley claims Simon and Schuster must publish his book, he is in direct and obvious violation of the Freedom of Speech clause. His ignorance in regard to the meaning of the Constitution of the United States is disheartening although entirely expected.

Tom Liberman

Oh contraire Alan Dershowitz you can Count on the Courts

Posted on December 13, 2020 by Tom Liberman

Esteemed lawyer Alan Dershowitz seems to be of the opinion the Supreme Court sent a message to Donald Trump that he cannot count on the court. The full quote is: The three justices that President Trump appointed, his three justices, voted not to hear the case. I think it’s a message to him and his team that you can’t count on the judiciary, you can’t count on the courts.

I cannot begin to tell you how this quote by Alan Dershowitz displays his utter disregard for the law and for the courts, a sentiment he mouths in ever-growing examples. Sorry, Alan Dershowitz, President Trump can count on the courts. The courts uphold the law not your personal vendetta, that’s the entire point of the legal system. A fact that Alan Dershowitz seems to have either forgotten or completely abandoned in his towering arrogance.

The courts are not here to do favors for those who appoint judges and, sadly, the entire political spectrum of the United States seems to have forgotten that vitally important fact along with Alan Dershowitz. It is has led to what I consider a Supreme Court that is wholly invalid and without legal standing.

Now, I’ve had my troubles with decisions of the Supreme Court all the way down to defining a tomato as a vegetable but my understanding of the court differs wildly from that of Alan Dershowitz. In rejecting the case in question, they were not sending a message, they were upholding the law, their job.

I’m reminded of my novel, yes fair readers, self-promotion time, The Sword of Water. In it, Jon Gray is explaining the nature of trust to Tenebrous the Shade. Jon trusts Tenebrous to do what is in his self-interest even if that is not in Jon’s interest. That is the point of the courts. They are not there to do the bidding of one party, one president, one befuddled and aging jurist. The entire court system can be counted on to uphold the law. That’s what this entire episode proves.

Jon relies on knowing how Tenebrous will react to a situation, and this allows Jon to further his own goals, even if they are diametrically opposed to that of the shade. We must have that same opinion of the Supreme Court and the courts in general. That is trust, that is counting on something, that is reliability.

No, Alan Dershowitz, the Trump administration and lawmakers can count on the courts, that’s the lesson to be learned from this sorry episode of United States history.

Tom Liberman

Rodchenkov Anti-Doping Act Insanity

Posted on December 5, 2020 by Tom Liberman

President Trump just signed into law something called the Rodchenkov Anti-Doping Act which passed through Congress without so much as a whimper of disapproval. The law allows our government to arrest any athlete, for up to ten years, who uses a prohibited substance or method in any competition in which a U.S. athlete takes part.

The bill passed the house by a voice vote and senate with unanimous consent. That means no one particularly objected to the idea of the United States government arresting and imprisoning athletes from other countries, participating in events in other countries, for such violations. To paraphrase the Sopranos; Where do we get the balls?

For those of you who think this is perfectly acceptable; would you agree to another country passing such a law and arresting U.S. athletes, imprisoning them for up to ten years, seizing their property and forfeiting it to that country? No? I thought not.

Any athletic organization can make any rule it wants as far as I’m concerned but why is the government of the United States getting involved? If some Somali runner tests positive for a steroid while running in a race in France, law enforcement from the United States can swoop in and arrest her or him? Imagine if the United States now had Femke Van den Driessche in prison for her actions in cycling.

The idea we can police the citizens of other countries in this manner is insane. When a U.S. citizen is murdered by a foreign national in a foreign country, it is up to that country to prosecute the criminal, not the United States. The Rodchenkov Anti-Doping Act overtly gives law-enforcement from foreign nations the right to operate in the United States.

In Afghanistan the limit for blood alcohol in a driving accident is a big 0.00%. Can law enforcement in that country come to the United States and arrest anyone who had an accident involving an Afghani? Would you support that? No! Obviously.

By passing the Rodchenkov Anti-Doping Act we give every law, in every foreign nation, the right to be enforced in the United States regarding the citizens of the original country. No one in Congress managed to think about this? None of our esteemed Representatives and Senators?

Where do we get the balls? Where?

Tom Liberman

Oregon Leads the Way on Drug Legalization

Posted on November 5, 2020 by Tom Liberman

All praise Oregonians and their enlightened stance on drug legalization. Hail magnificent, glorious Oregon for defying an out of control federal government led by decree wielding autocrats issuing executive orders as a way to wage war on the citizens they perceive as the enemy.

Oregon just decriminalized small amounts of cocaine, heroin, and LSD, among others so-called hard drugs. This action, this glorious defiance of an overreaching federal and state governments warms the cockles of my heart, wherever they might be found.

The War on Drugs is a war on the citizens of the United States, there is no question this war has caused more misery than any other federal program in the history of the country. I’ve written numerous times on why this war destroys families, communities, law enforcement, the legal profession, and everything it touches so I will not wax poetic today. Today I shower praise on Oregon for charging forward.

The entirety of whether or not marijuana, or any other drug, is something federal or state governments can regulate is wrapped up in a cased called Gonzales v. Raich and it is interesting reading. Drug legalization is freedom for people.

The point here is fairly straight-forward from my perspective. Those in power like telling you what to do and drug legalization is something they don’t want. The pecking order is Federal, State, Local. The party in power at each level enjoys forcing their view of right and wrong on everyone they control. It is my opinion the Constitution of the United States was written with a full understanding of the nature of humans to want to force others. The powers of the Federal Branch are barely limited anymore, what the Federal Government wants, it gets. What the State wants, it gets.

There are few solutions left to freedom lovers who have no desire to dictate to anyone else how she or he leads life. We are overwhelmed by do-gooders who know what gun I should own, what weed I should smoke, what medical procedure I should have, what religion I should pursue. We the People must pass laws, in our municipalities and states, contrary to the authoritarian decrees of out of control federal and state governments.

This is the power of the people. Well done, Oregon.

Tom Liberman

The Problem is there was no Crime in the Breonna Taylor Case

Posted on September 24, 2020 by Tom Liberman

The Breonna Taylor case is making a lot of headlines and people are upset only one criminal charge, reckless endangerment, was filed against the officers. The problem isn’t that a single charge was filed, the problem is that everything the officers did, except shooting blindly into a room, was perfectly legal. The problem is that none of them can be charged with a crime.

The problem is that police can, and all to frequently do, murder people legally. It’s vitally important to understand this is a problem for the people and for the police, both are the victims here.

This is the state of our legal system as a result of the failed War on Drugs that allows police to kill with legal impunity, to steal your money with legal impunity, to throw flashbang grenades into baby cribs with impunity, to intimidate, harass, abuse, imprison, torture, absolutely legally. That’s the problem and if you don’t see it, you’ll be a victim soon enough under the unlikely circumstances that you have not been already.

The problem isn’t the police, the problem is our society, our laws, our willingness to give up freedom and reduce safety at the same time.

Many right-wing Trump supporters out there are angry about what is going on to poor people in this nation. What’s happening to poor black people is exactly why you voted for Trump, except it was being done to you. You in West Virginia, Alabama, Mississippi, and lots of other places were left out when the rich got richer, laws designed to protect wealthy people left you out in the cold in a crap job without enough money to feed your kids and no hope for advancement.

Farmers see their land taken by corporate bankers. Energy workers see their livelihood being taken from them. President Trump promised you he’d stop it all but instead he’s redirected your anger to poor, largely minority people, who are being trampled upon in exactly the same way. These people are your allies in this fight. Antifa, Alt-Right, Libertarian, BLM, the police themselves; the Trumps and Pelosis of the world want you to fight each other so you don’t line them up against a wall and put a clip into their center mass.

Breonna Taylor is dead because you gave away your freedom. You stood by and watched as politicians passed laws for the War on Drug, the War Powers Act, The National Emergency Act. You stood by while local officials made it impossible for you to drive to work without violating the law and if you get on the wrong side of the police department, they will figure out a way to fine you to within an inch of your life to finance their bloated government.

Breonna Taylor was absolutely murdered by police who got a stupid no-knock warrant to kick in her door with guns drawn because she was dating a guy who sold drugs. She was murdered and it’s not against the law. That’s the problem. Police officers, everyone wants to kill you because politicians have set you up to take the fall, no matter how much they pretend to be on your side, they are murdering you. They are sending you out to take bullets for them.

You all need to figure this out. All those organizations fighting each other in the streets of Louisville need to get together, then we will actually see change.

Tom Liberman

Jacksonville Strippers and the Case Justice Ginsburg will Never Hear

Posted on September 19, 2020 by Tom Liberman

There’s an interesting legal case involving Jacksonville Strippers and I thought with the news of Justice Ginsburg’s passing it would be something that might interest her and certainly does me. In Florida a new law prevents Jacksonville strippers from being under the age of 21 in clubs that do not serve alcohol. This city ordinance is being challenged as unconstitutional and might, if pursued diligently, end up in the Supreme Court.

Justice Ginsburg spent her life championing the cause of women and Jacksonville strippers are in that category. The justification for the law is that women under twenty-one are closer in age to the current limit of eighteen, that the closer a woman is to eighteen, the more likely she is to be unduly influenced into a career she does not want.

In Jacksonville the city representatives decided all strippers must be fingerprinted and licensed before they can pursue their profession. They also came to the conclusion they would not issue such licenses to anyone under twenty-one. They do this in the name of stopping “sex trafficking”.

The reality is relatively simple, for whatever reason we’ve established eighteen is the age when citizens are legally adults and can largely make their own decisions. If someone is eighteen, they can have sex with whomever they want, they can take their clothes off for money, they can model in a skimpy swimsuit, they can do anything any other adult can do and the government should not get involved, no matter how repugnant we, personally, might find the situation.

You’ll notice the do-gooder city hall members in Jacksonville have not asked to fingerprint and license members of the University of North Florida Osprey Division I football team. These young men are playing a violent game and run an enormous risk of personal injury but no one seems all that concerned about their welfare, despite them being under twenty-one. I’m sure you find that as surprising as me, as in not at all.

Today’s question is What Would Ruth Do? Justice Ginsburg lived a life actively and vigorously fighting for women to have the same rights as men in this world of ours, that includes Jacksonville Strippers. Once we’ve decided the legal age of adulthood is eighteen, we must not start picking and choosing particular professions and genders to protect from their own decisions. This is Big Brother at his worst, picking on adult women because Big Brother knows better how to lead their life than they do themselves.

Big Brother says young women are too weak of mind, too easily preyed upon, and we must protect them. Big Brother is, as usual, wrong.

The question is easily answered for me. What about you?

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Tom Liberman