Arizona Attorney General Kris Mayes promises to appeal anti-SLAPP ruling in “fake electors” case this morning: “It is not the lawful exercise of free speech to file forged slates of electors to deprive Arizona voters of their right to vote.”The ruling from Superior Court Judge Sam Myers is that the defendants (Anthony Kern, Mark Meadows) have cleared the “prima facie” hurdle to having the Motion to Dismiss further considered. Burden now on the State to prove the indictment was not to deter/retaliate.The “SLAPP” in AZ’s anti-SLAPP law stands for “strategic lawsuits against public participation”. The Arizona Legislature expanded the
Continue Reading BREAKING: AZ AG Mayes promises to appeal anti-SLAPP ruling in "fake electors" case
Civil Litigation
Time to change the copyright creative commons licensing terms?

Photo trolls suing for failure to provide proper “attribution,” stifling creativity?
Copyright policy is being called into question as more and more “not-so-benevolent” photographers are posting images on various websites such as Flickr and Instagram that can be synched with photo infringement detection websites such as Pixsy, which allow photographers to see if anyone is using their images, drawings, art, illustrations or other creative digital content. Pixsy will surf the internet and social media sites looking for any website that has posted the photographer’s images.
Once a “match” is found, a photographer belonging to Pixsy can send…
Continue Reading Time to change the copyright creative commons licensing terms?
Support Fair Use in the United States

Without fair use, their would be no documentary films or videos!
Congress should create public domain resources and clarify fair use in the United States
What can artists and filmmakers believe in anymore? They have to tell their stories, and THE PEOPLE want and need to hear the great stories that are begging to be told. But, the copyright fair use laws are super tough to understand and apply. Congress needs to create a fair use BILL OF RIGHTS, describing what you CAN and CANNOT do to be protected by the fair use doctrine condified under 17 USC 107. If…
Continue Reading Support Fair Use in the United States
BREAKING: Arizona Chief Judge Hopes President Biden Withdraws Veto Threat and Signs Bill Adding 2 New AZ Judges; Senator-Elect Gallego Agrees
The Chief Judge of Arizona’s U.S. District Court hopes that President Joe Biden will withdraw his veto threat and sign the bill adding two new judges in the state (and 61 additional judgeships) over the next several years.The House passed the bill today, 236-173. Earlier in the week, Biden issued the veto threat, noting that the GOP-controlled House had refused to take the vote before last month’s election. The Senate had passed the bipartisan measure in August.Chief Judge Jennifer Zipps told Arizona’s Law that Arizona greatly needs the two extra judgeships. “The District of Arizona is hopeful…
Continue Reading BREAKING: Arizona Chief Judge Hopes President Biden Withdraws Veto Threat and Signs Bill Adding 2 New AZ Judges; Senator-Elect Gallego Agrees
BREAKING, OOPS, NEVER MIND: Republicans DISMISS Election Challenge to Maricopa County Transportation Tax
The Maricopa County Republican Party filed a Sunday dismissal of their election challenge lawsuit against the passage of Prop. 479 (transportation tax extension). The Notice of Dismissal comes after the judge dismissed the Secretary of State from the action last week, and after Maricopa County filed a Motion to Dismiss on Saturday.The ill-fated challenge was brought by MCRC’s attorney, Bryan Blehm, and was based on a belief that it required 60% of voters to approve it rather than a simple majority. Previous case law had established that that requirement did not apply to county votes.The Motion to Dismiss also points…
Continue Reading BREAKING, OOPS, NEVER MIND: Republicans DISMISS Election Challenge to Maricopa County Transportation Tax
My silence
I’ve not posted in a while, just thought to mention the reason. My elder son, Mark William Hardy, was hospitalized on Nov. 3, and died on Dec. 3. I spent that time sitting in one or another ICU and was too distracted to blog. I still am.
Continue Reading My silence
BREAKING: In wake of Arizona's passage of Prop. 139, coalition of groups FILES SUIT to declare state's 15-week ban as unconstitutional
BREAKING: In wake of Arizona’s passage of Prop. 139, coalition of groups FILES SUIT to declare state’s 15-week ban as unconstitutional
This article was reported by AZ Law founder Paul Weich. “AZ Law” includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona’s Politics on the internet. AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read …
Continue Reading BREAKING: In wake of Arizona's passage of Prop. 139, coalition of groups FILES SUIT to declare state's 15-week ban as unconstitutional
EIGHT IS ENOUGH: List of Possible Arizona Supreme Court Justices Cut In Half, Public Input Requested

And then there were eight. Arizona Supreme Court Chief Justice Ann Timmer convened a rare meeting of the Commission on Appellate Court Appointments (“CACA”)today, and they cut in half the list of candidates to replace the retiring Justice Robert Brutinel.17 attorneys and judges submitted applications for the position last month. The Commission will interview the remaining eight in a public meeting on December 9. Written comments will be accepted until December 4.The whittled down list includes two judges from the Court of Appeals (Maria Elena Cruz and Andrew Jacobs), attorneys from various local, state and tribal governments and two…
Continue Reading EIGHT IS ENOUGH: List of Possible Arizona Supreme Court Justices Cut In Half, Public Input Requested
UPDATE: Apache County Election Certification Can Proceed, Court REJECTS Navajo Nation Suit To Allow For More Ballot Curing Time (READ Filings, Order)
Apache County will not have to delay tomorrow’s canvass of the election results in order to give voters additional time to cure any signature mismatches, a Superior Court judge ruled. As of this afternoon, the Navajo Nation had not appealed the ruling, meaning the canvass will proceed in a timely manner.The Navajo Nation filed the suit last week after the Arizona Supreme Court had rejected another effort to extend the ballot curing period (which ended on November 10). The suit was based upon information that approximately 180 voters had not been notified by the Apache County Recorder’s Office of issues…
Continue Reading UPDATE: Apache County Election Certification Can Proceed, Court REJECTS Navajo Nation Suit To Allow For More Ballot Curing Time (READ Filings, Order)
BREAKING: Kyrsten Sinema's Final Deal (For Now)?; Biden's Last Confirmed Judge May Be Arizona's New Judge Desai

The last Biden judicial pick to get approved for the U.S. District Court bench may well be Arizona’s Sharad Desai, we learned today. During a brief, sometimes-testy meeting today, the Senate Judiciary Committee recommended Desai to the full Senate, and there is reason to think that outgoing Arizona Senator Kyrsten Sinema is the reason.Before that vote, North Carolina Senator Thom Tillis blasted the Biden Administration and warned his Democratic colleagues on the committee to not vote for the White House’s pick for the 4th Circuit. He warned payback in the coming session, when Trump begins nominating judges that Democrats…
Continue Reading BREAKING: Kyrsten Sinema's Final Deal (For Now)?; Biden's Last Confirmed Judge May Be Arizona's New Judge Desai
A good decision from the Southern District of Illinois
Barnett v. Raoul, S. D. Ill. The beginning is unusual, and the end is wonderful:
“Most importantly, considering all of the evidence presented, the Court holds that the provisions of PICA criminalizing the knowing possession of specific semiautomatic rifles, shotguns, magazines, and attachments are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment. Therefore, the Plaintiffs’ request for a permanent injunction is GRANTED. The State of Illinois is hereby ENJOINED
from the enforcement of PICA’s criminal penalties in accordance with 720 ILL. COMP. STAT. §§ 5/24-1(a)(14)-(16) (bump stocks and…
Continue Reading A good decision from the Southern District of Illinois
BREAKING, "DEMOLISHED": Conservative Groups Lose Appeal of Constitutional Claim Against Arizona's "Stop Dark Money" Measure (READ Opinion)

The Arizona Free Enterprise Club and Center for Arizona Policy today lost their appeal claiming that the Voters’ Right to Know Act (“VRKA”, also known as “Stop Dark Money”) violated their constitutional rights.A unanimous three judge panel soundly rejected the groups’ arguments that the disclosure measure – which just completed its first election cycle in effect – violated Arizona’s constitutional protections for free speech, association and for private affairs. They claimed that donors and potential donors would be (or were) harassed because they could no longer hide their identities. (The measure calls for disclosure of the original source of…
Continue Reading BREAKING, "DEMOLISHED": Conservative Groups Lose Appeal of Constitutional Claim Against Arizona's "Stop Dark Money" Measure (READ Opinion)
Online seminar at the 9th Circuit
“Tackling the Bruen bear,” an online (and in-person) seminar featuring Steve Halbrook, Adam Winkler of UCLA, and William Taylor of Everytown, will be held on November 20, at 5:30-8 PM PST. You can register here.
Continue Reading Online seminar at the 9th Circuit
Electoral amusement
From the Babylon Bee: “Gun owners call for common-sense Democrat control.”
Continue Reading Electoral amusement
SCOTUS takes cert in Smith & Wesson v. Mexico
Hurrah! Over at the Volokh Conspiracy, Steve Halbrook explains the significance.
Continue Reading SCOTUS takes cert in Smith & Wesson v. Mexico