Does Judge Kozinski Hate Blogs?
Despite his recent public criticism of blogs, we’ve always viewed that colorful legal genius, Judge Alex Kozinski, as a great friend of blogging.
Judge Kozinski’s nomination of himself as a “judicial hottie” played a crucial role in the development of our original blog, Underneath Their Robes. And he has been a supporter of our blogging over the years. Even his criticism of us has been constructive and well-intentioned (even if harsh).
But if Judge Kozinski has soured on blogging, perhaps it is showing through in his jurisprudence. Check out today’s decision by the Ninth Circuit in Fair Housing Council of San Fernando Valley v. Roommates.com (PDF).
We haven’t finished reading the opinions just yet. But based on Robert Loblaw’s this write-up, which provides a helpful summary and pellucid analysis, the decision doesn’t look like good news for bloggers — or any other websites that host user-generated content.
Sigh. This whole “blogging” thing ain’t as much fun as it used to be.
Fair Housing Council of San Fernando Valley v. Roommates.com, LLC
[U.S. Court of Appeals for the Ninth Circuit (PDF)]
Important Ninth Circuit Decision on Websites’ Legal Immunity under the CDA [Decision of the Day]
Earlier: Kozinski On Blogs: “Hateful Things”
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Robert Loblaw? Really?
Lat is being disingenuous. Kozinski doesn't hate blogs; what Kozinski hates are name-smearing, harassment-inducing, trashy websites (cf. autoadmit; just kidding).
Footnote 10 is a classic.
Footnote 10 is a classic.
I don't think Lat knows about Bob Loblaw.
http://www.youtube.com/watch?v=8TewF6FX_8k
Call me a dumb-ass, but I am surprised there's no exception in the Fair Housing Act for people who are going to live in the _same apartment_. It seems totally reasonable that you should be able to express a preference for at least the gender of a roommate (as opposed to a person who rents a separate room from you).
Good point, 4:12. Though what's your distinction about "a separate room from you"? Other than in college, I would think all roommates are in separate rooms, just in the same apartment (so that more technically they are apartmentmates, not roommates). I still think the FHA would/should make an exception for that.
Rob Loblaw is a pseudonym. (Not surprising.) I'm surprised if Kozinski has turned against blogs. One of his current clerks is one -- Heidi Bond (who'll be clerking for retired Justice O'Connor next term).
Rob Loblaw is a pseudonym. (Not surprising.) I'm surprised if Kozinski has turned against blogs. One of his current clerks is one -- Heidi Bond (who'll be clerking for retired Justice O'Connor next term).
His clerk IS a blog? Neat trick!
:-P
That wasn't my trick, Michael...
That was my illusion!
10“The female we are looking for hopefully wont [sic] mind having a
little sexual incounter [sic] with my boyfriend and I [very sic].”
I love AK.
"Call me a dumb-ass, but I am surprised there's no exception in the Fair Housing Act for people who are going to live in the _same apartment_. "
There is an exception for roommates/housemates, but only for gender. 24 CFR 109.20.
ATL probably soured his opinion of blogs when it published crap about one of AK's colleagues on a plane
Judge K please make a stand against the elitism in our profession. Please hire tier 2 students. I shouldn't be punished simply because I went to a tier 2 law school.
I really love the Bob Loblaw Law Blog!
I really love the Bob Loblaw Law Blog!