blog report

Legal Tenets

June 3, 2004

It’s 152 days until the election, but the voting never stops in the blogosphere, where every voice counts. And while most of you won’t get paid for voting on November 2, (we’ll leave Chicago out of this), MaxSpeak is offering prize money up to $50 for those who participate in his contest for the most “vicious” post from a member of the Instapundit blogroll. Given the cash prize, Maxspeak anticipates that the “voting for this will be thoroughly corrupt and inaccurate, but I don’t have the wherewithal to do much better. Sort of like the State of Florida, which still isn’t ready for self-government.”

Over at the Volokh conspiracy, Eugene waxes legal in response to anti-Kerry group Swift Boat Veterans for Truth’s suggestion that they might sue Kerry for using a photo in a campaign television ad that includes some of its members. Volokh writes, “Would the objectors have a good legal case?” “No,” he answers, as he plows through the “right of publicity,” the Lanham Act, and the “false light invasion of privacy” to back up his assertion. However, he concedes, “[A]ll this is just the legal analysis — as a political matter, the veterans’ objection might well be powerful and effective, either at getting the Kerry campaign to change the ad, or more broadly at hurting the Kerry campaign politically.”

Pandagon’s Jesse links to the Volokh post, while commending the Kerry campaign for alerting reporters that Swift Boat Veterans for Truth used the photo in a news conference announcing its incarnation in May. Cracking wise, Jesse adds, “I look forward to the Yale Hockey Team’s eventual suit, as well.”

Passing back to serious punditry, Andrew Sullivan offers his own take on pollster Stan Greenberg’s results (via Ryan Lizza) that show Bush’s support dropping amongst the traditionally Republican “Country Folk.” Sullivan writes, “My own hunch is that these voters do not like a massive increase in government spending, a huge jump in public debt, and a post-war policy in Iraq that seemed blindsided by reality. But here’s my other belief, and it’s about Abu Ghraib. … For me, at least, even though I am fully committed to the war, the images from Abu Ghraib are indelibly part of my memories of the Bush administration. I can move on in my head; but my conscience will be forever troubled.”

As for the breaking news of the day we direct you to Campaign Desk favorite Ana Marie Cox reporting that “On his way into Marine One, Bush thought of something he forgot to mention at the press conference with the Australian prime minister: namely, that CIA director George Tenet has resigned for ‘personal reasons.'”

“No biggie,” Wonkette! allows. “Not like it has to do with anything. Nope. Bush then turned back around and shouted over his shoulder, ‘Oh, and I knew about 9/11! Later.'”

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–Thomas Lang

Thomas Lang was a writer at CJR Daily.