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Barbra Streisand, Miss Vermont, And Your Website

An anonymous reader writes "The NYTimes (sign up for free subscription) is reporting about a person who wrote about a prior relationship with a former Miss Vermont. He was ordered to remove any reference to the former Miss Vermont or the relationship by court order. This ruling has obvious implications for the First Amendment if allowed to stand. I wonder if I can get the same court order applied to my ex-girlfriends' websites." Read on to see what this has to do with Barbra Streisand.

An anonymous reader writes "A Silicon Valley millionaire, Ken Adelman, is being sued by Barbra Streisand for $50 million. Adelman photographed Streisand's sea-side Malibu mansion using a 6 megapixel Nikon digital camera from a helicopter flying over the Pacific Ocean. The photograph, along with over 12,000 other photographs, is part of an aerial photographic survey of the California coastline. This photographic database is intended for use by environmental and scientific research projects interested in the health of the coastline and coastal erosion. Streisand's suit complains that the photograph is of extraordinary clarity and violates her right to privacy, as it shows details of the property that one would not ordinarily be able to see from the road or the beach. California has an 'anti-paparazzi' statute on the books."

136 of 744 comments (clear)

  1. Google's Cache to this story .. by i_want_you_to_throw_ · · Score: 5, Informative

    Here you go! Useful links to this story...
    First the Google Cache of the Miss Vermont Story

    Katy's site which ironically has a Free Speech reference.

    1. Re:Google's Cache to this story .. by Gerad · · Score: 4, Funny

      Don't post that link here! The next thing we know, Miss Vermont will be suing Google and Slashdot!

      --
      Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
    2. Re:Google's Cache to this story .. by Anonymous Coward · · Score: 5, Funny

      Hmm, his reply to her question "How did you learn to f*** like that?" is "Home Schooling". Anyone else find that a little disturbing? (In a duelling banjos kind of way...)

    3. Re:Google's Cache to this story .. by Anonymous Coward · · Score: 3, Funny

      Is it me or does this look like a standard Slashdot troll, except involving adults of the opposite genders?

    4. Re:Google's Cache to this story .. by i_want_you_to_throw_ · · Score: 3, Funny

      Not unusual in West Virginia where the family tree is a telephone pole!

    5. Re:Google's Cache to this story .. by weston · · Score: 5, Insightful

      If half of the story told there is true, it could easily be in Katy's best interest to let it be told. For one thing, it works as a cautionary tale about letting your guard down and hooking up with the first total bastard with a law degree and some charm who crosses your path, so it could really help her platform. For another one, if she does finally go postal and put a few rounds in him, it'll be hard to blame her.

      Yeah, she sure had her vacant and stupid moments in that story, and sure, Tucker Max has that good ol' livin'-a-james-bond-flick appeal, but you know, none of that makes it all right to treat someone like that in real life. I wonder if this guy practices law the way he hooks up with women.

    6. Re:Google's Cache to this story .. by bedessen · · Score: 3, Interesting

      Mirror this if you object to the court decision!

      Using the google cache (remove the keywords at the end of the above URL to get rid of the highlighting), I think we should keep this information online, to show how we feel about crap court decisions.

      I have created a mirror: missvermont.dessent.net, please grab these files and mirror them if you agree. I will be forced to remove the contents if they are slashdotted, so please mirror!

    7. Re:Google's Cache to this story .. by pjt48108 · · Score: 2, Funny

      Why, oh tell me, WHY, did I have to follow that Katy link? I have never seen such vapid, insipid claptrap so well chrystalized into evidenciary form.

      I mean, the 'Miss Vermont' story, as entertaining as it is, is certainly self-involved, but that Katy link just made me embarrassed to have ever had ANYTHING to do with information technology, period. What a waste of pixels... What a waste of B A N D W I D T H...

      --
      Mmmmmm... Bold, yet refreshing!
    8. Re:Google's Cache to this story .. by gizmonic · · Score: 4, Insightful

      Don't post that link here! The next thing we know, Miss Vermont will be suing Google and Slashdot!

      I'd mod that funny, if I weren't afraid it might come true.

      --
      WWJD?
      JWRTFM!
    9. Re:Google's Cache to this story .. by Pig+Hogger · · Score: 5, Informative
      Hell, let's have Miss Vermont AND Max sue slashdot and myself for posting the whole thing here:

      The Miss Vermont Story

      This is the complete and unabridged story of my relationship with Katy Johnson, known to my friends and her fans as Miss Vermont. I normally don't like writing about the specific details of relationships or hook-ups for many reasons, but this is an exception. After putting up the giant hypocrisy that is her webpage, she has to be ready for what I write.

      I must prepare you, in advance, for what you are about to read...it is as ridiculous and surreal as anything I have have ever written, and possibly anything you have ever read. This relationship was outlandish even by Tucker Max standards. You may not believe some of what is written here. To that, I can only tell you that I have several witnesses to most of the events here, and the wedding was, well, a wedding, so there were hundreds of people there.

      Furthermore, this is a long story, because I didn't want to leave out any of the details, lest the story seem forced or less amazing that it really was.

      And to Katy: Even though you haven't responded to the email I sent you, I know you check this site every few weeks. You are welcome to email me with corrections or additions to the story. If I got something wrong or left something out, please let me know and I'll be happy to change it. In fact, I'll go farther. If you want to write your own version of our relationship, I swear to my god, that I will post it, COMPLETELY UNABRIDGED, right next to mine. This is your opportunity to rebut anything I say here.

      _____________________

      The summer after law school graduation, I moved to Boca Raton, Florida and took a job managing my father's restaurants. I wasn't really expecting to meet a girl I would like, as the general intellectual level of South Florida is somewhere above functionally retarded. After I had been in Boca about two months, I hadn't really had any sort of relationship other than emotionally uninvolved sex with morally suspicious girls, and I eventually resigned myself to vacant sex with the vapid idiots that infest South Florida.

      One day I was at my gym, The Athletic Club of Boca Raton. It is a massive airplane hanger of a building; a gym, health club, spa, lounge and restaurant rolled into one. Basically, it's the type of place where guttural grunts and flexing underneath tight shiny shirts passes for foreplay. Welcome to Florida. For several years it's been the in place to workout in Boca, one of the primest meat markets in a town full of butcher shops. I usually tried to avoid peak hours and the throngs of scantily clad gold-digging whores positioning themselves for fifth husbands. Don't mistake me--staring at dozens of immense fake breasts spilling out of sports bras is fun for a while, but it gets old quick, especially when those breasts are attached to faces that tell the story vacant personalities do not. These women have circled the drain a few times, and no manner of plastic surgery or trips to the spa can hide that despair that years of whorish behavior and emotional prostitution leaves in the eyes.

      I was in the free weight section of the gym, and one girl kept catching my eye, more for what she wasn't showing rather than what she was. She had a navy blue hat on, pulled tight over her face, a loose fitting white cotton T-shirt, and green basketball shorts. Not the standard Boca female gym outfit. Staring at her between sets, I realized that she was very attractive. By trying to hide that attractiveness, she became even better looking. The logo on her shorts said, Vermont Law, which gave me the perfect in. My law degree would finally get some good use.

      I approached her as she paused between sets, and asked if she had attended law school at Vermont. She told me she didn't, that she went to undergrad there, but that she was attending Stetson for law school.

    10. Re:Google's Cache to this story .. by errxn · · Score: 5, Insightful

      No kidding! As far as I'm concerned, he is a far more disgusting person than she will ever be. So what, she's vain and confused; other than that, she's pretty much harmless. On the other hand, do we really need yet another overly self-impressed jerkoff with a loud mouth and a law degree in this world?

      Umm, I'll go with the dumb blonde, thanks.

      --
      In Soviet Russia, Chuck Norris will still kick your ass.
    11. Re:Google's Cache to this story .. by Anonymous Coward · · Score: 2, Funny

      I eventually resigned myself to vacant sex with the vapid idiots that infest South Florida.

      Yeah, I'm sure it took him a long time to make that decision.

    12. Re:Google's Cache to this story .. by buzzcutbuddha · · Score: 4, Funny

      Tucker Max is not an overly self-impressed jerkoff! Just because Tucker Max speaks in third person and Tucker Max pretends he's James Bond, doesn't mean you should look down on Tucker Max.

      Tucker Max is not happy with you.

    13. Re:Google's Cache to this story .. by TopShelf · · Score: 3, Insightful

      Wow, this guy really needs to get a life - this reads like a Dear Penthouse letter or something. For a lawyer, he has no tact....

      --
      Stop by my site where I write about ERP systems & more
    14. Re:Google's Cache to this story .. by dipipanone · · Score: 3, Funny

      Perhaps it was just me, but every time I read the name 'Tucker Max', I somehow found myself substituting the name 'Disco Stu'.

    15. Re:Google's Cache to this story .. by Trolling4Dollars · · Score: 2, Funny

      Who said you need tact to be a lawyer? ;P

  2. oh no!! by Anonymous Coward · · Score: 2, Funny

    its... Mecha Streisand!!

    1. Re:oh no!! by lordgert · · Score: 5, Informative

      I think encouraging Trey and Matt to do an(other?) episode on people who think they should be ruling the world is an excellent idea.

      By the way, here's the direct link to the high-res mansion shot: huge image

  3. If only... by BrynM · · Score: 5, Interesting
    The judge also prohibited Mr. Max from "disclosing any stories, facts or information, notwithstanding its truth, about any intimate or sexual acts engaged in by" Ms. Johnson.
    Think of all the books and unauthorized biographies being entered into evidence in various cases by attornys who just got the news. I bet Ike Turner is wondering if the statute of limitations is up.
    --
    US Democracy:The best person for the job (among These pre-selected choices...)
    1. Re:If only... by rgmoore · · Score: 5, Interesting

      I'm not sure which is scarier, the fact that he's not allowed to post truthful stories (even ones that took place in front of hundreds of witnesses, as he claims some did) or that:

      Judge Lewis ruled on May 6, before Mr. Max was notified of the suit and without holding a hearing.

      Now IANAL, but I thought that one of the basic principles of jurisprudence is that you have to at least try to listen to both sides of the story before making a decision. Deciding the case not only without a hearing, but before the defendant has even been notified of the action seems as though it thoroughly violates the idea of due process.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    2. Re:If only... by Gerad · · Score: 3, Interesting

      IANAL, but AFAIK, Injunctions and the like can be made without both sides present when it is likely that irrevokable harm will occur if the injunction is not issued immediately. I guess the Judge believed that such harm would occur if Mr. Max was allowed to continue to operate his website.

      This part actually seems reasonable to me. The fact that the judge prohibited someone from writing about the truth seems absolutely insane.

      --
      Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
    3. Re:If only... by danb35 · · Score: 4, Insightful
      Judge Lewis ruled on May 6, before Mr. Max was notified of the suit and without holding a hearing.
      Based mostly on this statement, I'd guess that Judge Lewis's order was a Temporary Restraining Order, or TRO. A TRO is a fairly common device used when immediate action is needed, can be issued on an ex parte basis (as seems to have been the case here), and is (as the name implies) temporary--I believe in some jurisdictions they can only last 10 days or so. IOW, this didn't decide the case, it just put the order in place as a stop-gap measure to prevent the "irreversible harm" that supposedly would have happened if the order had not been issued. During that 10-day (or whatever) period, both parties can present evidence to the court, who can then decide whether to issue a preliminary injunction while a full trial is pending. If the plaintiff wins at trial, a permanent injunction can be issued. This order is just the beginning.

      Even as a TRO, Lewis's order sounds very (probably unconstitutionally) broad. The only possible justification for such an order that I can see is a theory of invasion of privacy, but I doubt that would apply to the bulk of the events described in Google's cache of the article--if true, most of them were witnessed by other people, and many of them by lots of other people. Not much privacy there. However, the invasion of privacy theory can be used to stop the publication of true statements (suppose you were to publish my complete credit history--it'd be true, so I couldn't sue for libel, but it'd certainly be an invasion of privacy, and I could get an injunction against it), which is why I think it's the only possible justification for this order.

      The rationale, I expect, goes something like this: If the statements are true and non-private, and we stop publication for a couple of weeks while we (the court) verify that, Max isn't harmed too much. However, if they aren't, and we don't, Johnson's reputation could be permanently damaged.

      In a nutshell, Lewis's order is troubling, but it's not yet time to panic. I'll be interested to see how the case progresses, though. And FWIW, IAAL, but this isn't legal advice, you aren't my clients, etc.

    4. Re:If only... by Mahrin+Skel · · Score: 3, Insightful
      Judge Lewis' order would be more disturbing if it wasn't totally self defeating. How many hundreds of thousands of people have checked out that Google cache by now? An ad in the New York Times couldn't have done a better job.

      He's a jerk, and she's a flake. She's obviously in desperate need of a personality transplant, and had the misfortune of having her first intense relationship with a complete asshole. I've met the type, the very pretty girl that has always been made so aware of it she doesn't know who she is beyond her looks. At this rate, she's not going to find out.

      --Dave

    5. Re:If only... by watzinaneihm · · Score: 2, Funny

      Funnily from her resume she is a lawyer to be
      Also a .com CEO to boot.

      --
      .ACMD setaloiv siht gnidaeR
    6. Re:If only... by geschild · · Score: 2, Informative
      And surely, you're right. The current page on the original location of the story reads:

      The [name removed] Story

      There is nothing here because a certain ex-pageant contest has obtained a temporary restraining order against me, forbidding me from posting anything referring to her name or her title, or linking to her page.
      --
      Karma? What's that again?
  4. sewer pipe? by NixterAg · · Score: 2, Offtopic

    Is that a sewer pipe sticking out of the cliff?

    1. Re:sewer pipe? by ClippyHater · · Score: 2, Insightful

      Is a Hollywood residence, they need someway to keep the BS at chin-level!

  5. you cant have your cake and eat it too by The+Terrorists · · Score: 2, Interesting

    You want to be taken seriously like real journalists? Then you will be subject to the same strictures. You must respect libel and slander laws and represent yourself honestly at all times or you will be prosecuted.

    1. Re:you cant have your cake and eat it too by offpath3 · · Score: 2, Insightful

      Unless I'm mistaken it's only slander if it's not true. The judge ruled that he could not post any stories about her regardless of whether or not they were true.

    2. Re:you cant have your cake and eat it too by jpmorgan · · Score: 2, Insightful

      In America, truth is absolute defence against libel.

    3. Re:you cant have your cake and eat it too by ThresholdRPG · · Score: 3, Informative

      It is a shame that people think adding "IANAL" to a post is a substitute for even making an effort to research their statement.

      First, I will say that I WAS a lawyer. I graduated from the University of Georgia School of Law in 1998. I hated being a lawyer. I started my own company and make internet RPGs for a living. I think I made a good choice.

      Second, a statement is not defamatory if it is true. For the MENSA people out there, defamation includes both slander and libel.

      Thirdly, the statement does not even have to be literally true in all respects. It only has to be substantially true. See: Restatement of Torts, 2nd, Section 581 A, Comment f.

      --

      -Michael
      Threshold RPG
  6. Re:Here's the story! Enjoy! (direct link) by DarkSkiesAhead · · Score: 4, Informative


    it's also possible to direct link as a google partner. thus, avoiding pasting the entire article into an overly long comment.

  7. Check out the self-admitted bullshit: by drinkypoo · · Score: 5, Insightful

    Ms. Johnson did not respond to telephone and e-mail messages seeking comment. In her lawsuit, Ms. Johnson maintained that Mr. Max had invaded her privacy by publishing accurate information about her and had used her name and picture for commercial purposes.

    Followed somewhat later by

    Mr. Santucci did provide a copy of a news release he issued after the order was issued. "This victory should send a clear message to all parasitic smut peddlers who live off the good names of others," he said in the release, which also noted that Ms. Johnson "emphatically denies the story contained on Tucker Max's Web site."

    Okay SO. Is the story accurate, or does she emphatically deny it?

    As the article notes:

    [...]raises difficult issues, Professor Zimmerman said.
    "If you're telling people they can't talk about something like this," she said of Mr. Max's memoir, "you're also telling them they can't talk about their own lives."

    This is exactly the basis to throw this case out of court. The judge, however, was obviously under some kind of pressure to issue the order, or is completely unfamiliar with the first amendment, or simply does not believe in it. If the story is inaccurate then it is clearly libel. If the story is not inaccurate, then on what grounds do you decide that it is not protected speech? The woman is a public figure, which means you pretty much waive your right to privacy anyway, but even if she didn't, if she does something in front of someone, they have the right to report it so long as they do so accurately.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:Check out the self-admitted bullshit: by patchmaster · · Score: 5, Funny

      The best part of this whole deal is on Miss Vermont's web page. Once you get past the idiotic animated intro, there's a cartoon US flag with "Free Speech" flashing on and off. Either somebody with a wicked sense of humor hacked the site or Miss Vermont is rather selective in her application of rights.

  8. Zing! by Anonymous Coward · · Score: 5, Funny
    From the Streisand article:

    "Besides," Adelman added, "Didn't she say she'd leave the country if Bush got elected? Well, we're waiting."

    1. Re:Zing! by Joey7F · · Score: 3, Insightful

      That is a bunch of shit and you know it. So some how he would only be appalled enough to leave the USA if the margin in Florida (which time and time again fell in Bush's favor) was bigger?

      You know that he meant "If Bush becomes president..."

      Just take it for what it was; a stupid celebrity, has flair for the dramatic, blowing off a lot of hot air. He never gave that thought any consideration, he was just saying words. They live in a different universe than the rest of us.

      --Joey

    2. Re:Zing! by untaken_name · · Score: 5, Interesting

      And if the answer had been yes, the recount that the democrats were asking for WOULD HAVE MADE BUSH PRESIDENT.

      I agree. The only problem is that those votes were and are simply the answer to a trivia question; they never became a part of our electoral process. The votes didn't make him president, the courts did. Well, the courts and Catherine Harris- who acted not as Secretary of the State of Florida, but as co-chair of Bush's Florida campaign.


      If you agree that the votes, *had* they been a part of our electoral process, would have been in Mr. Bush's favor, then you also agree that he would be still be president today if everyone had just shut the fuck up, stopped whining about 'hanging chads' and 'confusing ballots' and just let the guy with the most votes win. Like Mr. Spock said, 'A difference which makes no difference *is* no difference.' I don't see how it could really be all that complicated. I saw the Florida ballots, and if you 'did not understand the ballot' or 'did not know who [you were] voting for', please stick your head in the oven, turn the gas on, and go to nice, quiet sleep. Also, although I am a Libertarian, I find it vastly amusing that the Democrats couldn't seem to understand the whole voting thing. It just makes me laugh. No, we don't need more choice in education in this country, people. Just let those great public schools keep up the good work. Maybe in 20 years we can have an electorate that votes by making monosyllabic grunts toward pictures of candidates. 'Ungar vote him! He have shiny smile!' Bah. A two party system is a sucker bet anyhow. If you don't fit into one of those two parties, might as well not even register to vote. (Yeah, yeah, activist types. Of course you should try to change whatever, turn around the system blah blah bullshit. I'm registered, I vote, I care, I do what I can, but I don't have any illusions that we'll see a third party president (or female, or gay, or minority, or any combination of the above) until more Americans start coming to their own conclusions, instead of listening to and following blindly what they say. My views may not be popular, but I've come to them through study, thought, and experience. They are not based on feelings. They are not based on half-remembered conversations. They are not based on what I was taught in school. I really don't care if someone agrees with me or not, as long as they know *why* they agree or disagree. I can't talk to people about anything that matters if they say 'uh, i dunno' or 'i just feel that way' when I ask why they believe something. If you don't agree with me, that's fine. This country is built on differing opinions. Just be able to present a coherent rationale, to back up what you say with at least a logical argument.
      Also, on a slightly different note, I for one am very glad that it was Mr. Bush, not Gore, who did end up elected. I voted Libertarian, as I usually do (though not always), but I don't think Senor Brown would have handled 9/11 very well, and I'm positive Gore would not have. I don't like Mr. Bush as much as I have liked other Presidents in history, but would you really want Gore trying to get the Middle East to give up internal combustion engines instead of terrorism?

    3. Re:Zing! by untaken_name · · Score: 3, Interesting

      That's a pretty popular view, Mr unconventional thinker.

      Uh, not on slashdot. not on any board I post on.
      I've seen more Bush bashing than I have any other President.

      You sure you didn't arrive at that idea from something you heard on tv, or a "half-remembered conversation"? You must be basing this judgement on his record in the Congress. Right? Oh, and he invented the internet too, didn't he? Face it, you are a media-spewing idealogue, just like the rest of us.

      Uh, I arrived at the idea from reading his fucking book, you fucking idiot. He said right in there that he wanted to get rid of the internal combustion engine entirely. He also had a lot of other wacky ideas that I most definitely did not support. Also add to that his support of the Kyoto bullshit, and that sealed the deal for me.
      He reads like a loony, to me. I wouldn't use him as my example for brain, were I you. I am not a media-spewing anything. If you've read my other posts you know I'm critical of the media, as well as most of our government and also most of the rest of the world. If you haven't, shut the fuck up about what I do or don't do. I haven't read any of your other posts, and thus I don't comment on what you do or don't spew. However, your reactionary reply to me does force me to label you jackass. Plus, I never brought up the al gore + internet thing. Thanks for attributing a fallacy to me that I didn't commit. You're a stand-up guy.

      And while I hate Saddam just as much as the next guy, and even supported the war to the dismay of my liberal friends, Bush is a swaggering, shoot first, ask questions later, cowboy, manure licking simpleton in the world arena. His idea of diplomacy is "We're still mad at you Russia, but at least you're not as bad as France". In answer to your question, I would take brain (Gore) over brawn (GW) as foreign policy chief any old day of the week.

      Yeah, who's spouting now? Do you know Mr. Bush so personally well as to be able to back up the fucking reactionary sludge you just vomited? I make no claim on what kind of man Mr. Bush is. I only say that his publicly espoused views on terrorism more closely mirror mine, that is, that terrorists and terrorist states should be eliminated, rather than Gore's more pacific approach. Perhaps you consider running away from bullies to be brainy, but I can tell you from experience that they don't leave you alone until you kick the crap out of them. Perhaps Mr. Bush isn't the smartest person on the face of the earth. Of course, anyone's chances of being the smartest person on the planet aren't very large. However, he is President of the United States. Who are you, again? What have you done that's so wonderful? If you equate diplomacy with placating tyrants like saddam and human rights abusers like china, iran, libya, syria, most of africa, n. korea, et al then you, sir, are a spineless fuck. In case you forgot, we tried diplomacy for over 10 years. How long should it take? Media darling and Rhodes Scholar William Clinton sure didn't work any miracles with Iraq, and I thought he was supposed to be all diplomatic and shit. Al Gore's record in Congress is not really of interest to me, as I am not one of his constituents. The votes I've cared about, he's voted opposite me. Well, except for a 1984 vote where he voted for legislation that would have defined life as beginning at conception. However, once he got seriously into politics, he changed him mind on that issue and began to vote the party line. Al Gore is not a bad person, he is just not the person I want as my President. That's why I didn't vote for him. Mr. Bush wasn't my first choice, either, which is why I didn't vote for him either. My candidate did not win, however, and so since my first choice had no chance, I have to be satisfied with second best, and I feel he's done no worse than most presidents and better than a few. So now that we know you can call people names, perhaps we can move on to discuss why you felt you had to 'prove' that I don't truly have reaso

  9. Neal Stephenson was wrong by aborchers · · Score: 4, Funny

    There are five things we will be good at. He forgot about suing each other...

    --
    Trouble making decisions? Just flip for it.
  10. New Slashdot Poll by Nova+Express · · Score: 4, Funny
    My website reveals the sordid details of my passionate affair with:

    1. Natalie Portman
    2. Kristen Dunst
    3. Brittany Spears
    4. Kate Winslet
    5. Carrie-Anne Moss
    6. CowboyNeal never kisses and tells.
    --
    Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)

    http://www.lawrenceperson.com/

    1. Re:New Slashdot Poll by Kris_J · · Score: 3, Funny

      Much as I might like to think that all the female readers of /. are lesbians, I think you need to include a man in there.

    2. Re:New Slashdot Poll by Phroggy · · Score: 4, Funny

      Much as I might like to think that all the female readers of /. are lesbians, I think you need to include a man in there.

      You know something about CowboyNeal you're not telling us?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  11. Streissand has a point by Keith+Mickunas · · Score: 3, Insightful

    I don't like the woman at all, as I'm sure most /. readers don't, but that doesn't matter. She does have a right to privacy. There was no reason for her name to be mentioned on that website. One point in the lawsuit specifically states that the house is not listed in public records under her name. Like most of her property its registered under a corporate identity that can't be easily connected to her to protect her privacy. I can't help but wonder what would have happened if he hadn't disclosed the name of the owner, which is not required for the purposes of his site.

    1. Re:Streissand has a point by fishbowl · · Score: 5, Insightful

      >She does have a right to privacy.

      Does she? And does it trump the guy's Constitutional right to free speech?

      Where in the Constitution is your right to privacy codified, and what are the precise words? Contrast this with precise and clear
      unequivocal grant of the right to speech, and
      then explain how this ruling will stand up to judicial review.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:Streissand has a point by Keith+Mickunas · · Score: 3, Informative

      It may not be in the Constitution, but it should be. People on /. are always complaining about privacy, whether it be spyware tracking your movements, or Tivo watching your viewing habits. But celebrities have some real concerns, such as this (IMDB) actress would have if she wasn't dead now. Thanks to availability of public records, a psycho tracked her down and shot her. Now laws have been enacted, many inspired by this case, so that celebrities can protect their privacy.

      I'm not saying the guy shouldn't take the pictures. But he didn't need to use her name. That information wasn't available from public records, and it certainly isn't significant with regards to his work. Unless he's concerned her voice will lead to erosion of the cliff.

    3. Re:Streissand has a point by Gerad · · Score: 3, Interesting
      From http://www.law.cornell.edu/constitution/constituti on.billofrights.html

      Amendment IV

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      (Emphasis mine)

      Even though this amendment was designed to protect your privacy against the invasion of the government, there is still precedent for protection of privacy.

      --
      Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
    4. Re:Streissand has a point by Keith+Mickunas · · Score: 2, Interesting

      That's a very good point. Seeing as how the freedom of the press was meant to guarantee that newspapers could criticize the government without fear, and yet it has been stretched to the point of allowing tabloids to invade every aspect of a celebrities life, it only seems fair that they should also stretch other amendments of the Bill of Rights to protect themselves.

    5. Re:Streissand has a point by MillionthMonkey · · Score: 5, Insightful
      >>She does have a right to privacy.

      >Does she? And does it trump the guy's Constitutional right to free speech?
      >Where in the Constitution is your right to privacy codified, and what are the precise words? Contrast this with precise and clear unequivocal grant of the right to speech, and then explain how this ruling will stand up to judicial review.


      I didn't write this- my wife wrote it in an earlier post two weeks ago. But it looks like it will fit here.
      The right to privacy was originally a right derived from Common Law. We all have heard the expression "An Englishman's home is his Castle." This was the rough summary of the right to privacy enjoyed by freemen in England. Of course, it was an ideal, and was not perfectly executed in practice, but the same could be said of much that goes on in this country.

      In the US, much of our law is based on a combination of British Common Law, Statutory, and Constitutional law. And, once a statute is written that enumerates what was previously common law, the statutory meaning takes precedence. For instance, under Common Law, all that is required for a conspiracy conviction is evidence of a plan. You don't need to take any steps to enact the plan to be found guilty. But Statutory Conspiracy requires a plan, plus an act in furtherance of that plan, such as contacting someone to help, or buying a supply. This change was made in an attempt to avoid the concept of "thought crimes." But, if you have the misfortune of living in a state that does not have a statute defining Conspiracy, you are STILL subject to the common law "plan = conspiracy" standard.

      The right to privacy was one of those unspoken, but widely accepted theories of British Common Law. But with the publication and ratification of the US Constitution, many areas of Common Law became statutory. Nowadays, the right to privacy is a statutory one, carved out of the intersection of individual rights derived from the 1st, 4th, 5th, 6th, and 14th ammendments. For instance, the 5th ammendment gives you the right not to self-incriminate, the 4th gives you protection from unreasonable searches and seizures, and the 14th and 6th amendments insure that you have due process rights (although this seems to fly over the head of the Bush Administration). In the middle of the 20th century, the USSC began to interpret the nexus of these rights as creating an area of individual activity that should be free from government interference. Some of the more famous cases, Griswold v. Connecticut and progeny, Roe v. Wade and progeny, found that while the right to privacy was not enumerated, it was implied, in the same way that if you say "I consult with my attorney Monday through Sunday," you have implied that you also talk to your attorney Tuesday, Wednesday, etc.

      First Amendment concerns have previously been found insufficient to justify terroristic threats. The 9th U.S. Circuit Court of Appeals found that the Nuremberg Files did not enjoy First Amendment protections in listing the names and addresses of doctors on the Internet. A court in April ruled that burning crosses does not enjoy First Amendment protections either. And of course, First Amendment concerns may sometimes conflict with property rights (as in the case of spam). There is no right that is absolute and that trumps all others. You have to consider the situation.

      I don't know what's going on with Streisand, since the story doesn't seem to mention her at all. But it seems to me that you're insisting she has no right to privacy because you don't like her. But if she has no right to privacy, neither do you.

    6. Re:Streissand has a point by Sycraft-fu · · Score: 5, Insightful

      Not really. First, laws limiting the government are not construed to be likewise limiting the people. For example the first ammendment declares that the government may not limit speech. However, a person may very well do so. I can require that you not swear if you want to enter my house. If you do swear, I can then kick you out. I am limiting your free speech in my house, but that's fine. The law doesn't say that you are free to say whatever you want whenever you want and noone can do anything about it, it says that the government can't make a law restricting your speech and you can therefore speak freely in public places.

      Also notice that the text of the law deals with warrants. The idea is that police officers can compel a search of your house. This is something normal people can't do. I can't force my way in and search your place, that's breaking and entering. Well, neither can the police unless they get a warrant, which they require probable cause to get. So this law gives the police special rights that normal citizens don't have, but places limits on those rights.

      Also I see nothing in the constitution, and nothing I remember from case law, that would support the fact that you can't photograph the outside of someone's house. It is done ALL the time for lots of reasons. I also don't see or know of anything that gaurentees you a right to secrecy, which is really what Streistand wants. Her privacy wasnt' viloated, he didn't enter her house, photgraph the inside or anything like that. All he did was reveal the generally secret fact that it belonged to her. I fail to see how this is doing anything wrong or how secrecy is in any way legally protected in this case.

    7. Re:Streissand has a point by Raffaello · · Score: 5, Informative

      You're both missing the big picture. When the Bill of Rights was being crafted, many opposed the whole idea, not because they were against individual rights, but because they feared that what you two are discussing would happen: that people would come to believe that *only* those rights specifically mentioned in the Bill of Rights were protected.

      From: James Wilson, Pennsylvania Ratifying Convention, 28 Nov. - 4 Dec. 1787

      "A bill of rights annexed to a constitution is an enumeration of the powers reserved. If we attempt an enumeration, every thing that is not enumerated is presumed to be given[to the government]. The consequence is, that an imperfect enumeration would throw all implied power into the scale of the government, and the rights of the people would be rendered incomplete."

    8. Re:Streissand has a point by wass · · Score: 2, Interesting

      I read this news story a few days ago, and one facet omitted from the /. summary was that a large part of Streisand's complaint was that the aerial photograph clearly showed hidden entrances and pathways that should have been obscured to those just wandering around the premise without the benefit of a 3-D view. She's had alot of problems with stalkers and she claims these aerial photographs give the stalkers easier access into her property than they'd have otherwise.

      --

      make world, not war

    9. Re:Streissand has a point by WatertonMan · · Score: 2, Insightful
      There is not an unlimited right to privacy. Further such rights are rights to privacy from the government. That's a rather different case than here.

      Further the right to privacy is far more nebulous than the right to free speech. And even the right to free speech has limits, such as the government's compelling interest in protecting secrets.

    10. Re:Streissand has a point by wass · · Score: 2, Interesting
      Out of curioisity, would you then not complain if someone was motivated enough to follow you around 24-7 (using consistent aerial photographs when you're on your own or someone else's property) and publish the photos and information on a webpage? You might say right now that you do not mind, but if you were as famous as Streisand, and even as remotely despised, and had several stalker problems (probably most stalkers out of dislike rather than infatuation), you'd most likely have problems with this.

      What do you feel about the fundamentalist anti-abortionists who publish the names, addresses, phone numbers, etc of doctors that perform abortions? What about those that continue to do so even after some of these doctors have been attacked or killed?

      How would you feel if everytime you bought porn or preparation-H or whenever you eyes strayed to another woman's boobs someone published that info on a website? Is this really free speech, or is it intrusive?

      Suppose I see you at a supermarket and catch your credit card # (say I even have a pocket videocamera with zoom lens). And I also see you enter your PIN # at the ATM. Is it free speech to publish this info? Suppose I see what the grooves of your house keys look like, is it free speech to publish this information? What about explicit instructions to produce a working duplicate of your house keys? Suppose I photograph you in Infrared through the walls of your house, and report consistently what rooms your in and what you appear to be doing. Still free speech?

      Just curious where you think the line should be drawn, if any.

      --

      make world, not war

    11. Re:Streissand has a point by LurkerXXX · · Score: 2

      Sorry, but HIPAA regulations are specific to agencies who obtain your medical records data. I'm under HIPAA guidelines at work. I cannot give your medical records I obtain at work to anyone else because of the classification of my workplace. However, if an individual off the street comes in and gives me medical information about you, I am allowed to record it, because the man off the street is not regulated under HIPAA guidelines.

    12. Re:Streissand has a point by DarkZero · · Score: 4, Insightful

      don't like the woman at all, as I'm sure most /. readers don't, but that doesn't matter. She does have a right to privacy. There was no reason for her name to be mentioned on that website. One point in the lawsuit specifically states that the house is not listed in public records under her name. Like most of her property its registered under a corporate identity that can't be easily connected to her to protect her privacy. I can't help but wonder what would have happened if he hadn't disclosed the name of the owner, which is not required for the purposes of his site.

      Holy shit! Not only do people not have the right to view my lawn and the exterior of my home, but they also don't have the right to figure out who owns it? I better call my lawyer, but I've got an entire neighborhood to sue. I've also got to go down to the local sign shop and print up a nice, big sign saying, "Thank you for driving by. My lawyer will be contacting you later today."

      I'm definitely in favor of privacy rights, but those rights should not extend to things that you can see on my block with the naked eye. It also shouldn't be applied selectively to celebrities. If someone can take a snapshot of my home and say who lives there, then they should be able to do the same thing for Barbara Streisand.

    13. Re:Streissand has a point by Fat+Casper · · Score: 4, Informative
      ...they feared that what you two are discussing would happen: that people would come to believe that *only* those rights specifically mentioned in the Bill of Rights were protected.

      Amendment IX (The forgotten amendment)

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      Remember that the second, more than the first, protects the rest. Oh, but we threw the second out a long time ago. That's why we have the USAPATRIOT Act and TIA. Because no one in Washington thinks they're at all accountable anymore.

      --
      I spent a year in Iraq looking for WMD and all I found was this lousy sig.
    14. Re:Streissand has a point by smallpaul · · Score: 3, Interesting

      Remember that the second, more than the first, protects the rest.

      What tripe. So Americans are substantially freer than all of the other countries of the world without such an amendment? Brits still have the courage and the right to criticize their PM for being a liar about WMD but Americans can hardly be bothered. The Dutch and Canadians can smoke pot without risking years in prison. Why is it that the G8 country with the most guns has the least freedom?

      Oh, but we threw the second out a long time ago. That's why we have the USAPATRIOT Act and TIA. Because no one in Washington thinks they're at all accountable anymore.

      I can't believe that even you believe this. Americans cannot look up from their television screens long enough to notice that their president is an empire-building liar but if they all had guns they'd be waving them in the street and he'd be afraid of them. "We'd better not pass that law. The terrorist-frightened couch potatoes are going to rampage in the street." Look, Bush's approval rating is about 60%. Not only will Americans NOT drive him out of office with weapons, they may not even bother to drive him out with ballot boxes when they get their chance. America has the USA Patriot act because Americans are willing to trade freedom for the illusion of safety.

      It is sickening to me when leftists claim that every problem in the world is caused by capitalism or poverty but really this takes the cake. TIA caused by gun control!

    15. Re:Streissand has a point by adelman · · Score: 5, Informative

      Actually, the relevent precedent when you're looking at the fourth amendment is California v. Ciraolo, 476 US 207 (1986).

      The Supreme Court in that case, per Chief Justice Burger, held that warrantless aerial observation of fenced-in backyard within curtilage of home was not unreasonable under the Fourth Amendment.

      "In an age where private and commercial flight in the public airways is routine, it is unreasonable for respondent to expect that his marijuana plants were constitutionally protected from being observed with the naked eye from an altitude of 1,000 feet. The Fourth Amendment simply does not require the police traveling in the public airways at this altitude to obtain a warrant in order to observe what is visible to the naked eye."

      Barbra's house underlies the Federal Airway (V299) between Ventura and LAX. It is basically located on an aircraft-freeway in a high-traffic area. It would be hard to imagine any place with a lower expectation of privacy from air traffic.

      Kenneth Adelman (Defendant)

    16. Re:Streissand has a point by adelman · · Score: 3, Informative

      I do. You can find it on www.solarwarrior.com.

    17. Re:Streissand has a point by adelman · · Score: 3, Informative
      I didn't put her name on the website. Our site has the ability for users to caption photographs. One of the users of our site captioned that one. Our policy is to leave captions that are not profane, not libelous, and accurately describe some part of the frame. This information is already available elsewhere -- go to Google and search for "Streisand and Malibu".

      With so much data, there is a "relevance" problem in finding what you want on our web site. The captioning system is a valuable way for users of our web site to exchange what they know about the photographs. The identification of her estate is of interest to the public because she has made it newsworthy -- for example, as recently as a week ago she lost a lawsuit with a neighbor over the height of their house.

      I don't disagree with her professed politics. The quote about her leaving the country was made jokingly. I really have no malice torwards Ms. Streisand and don't understand why she has singled me out for this treatment. It is, however, a little difficult at times to suppress the natural anger you develop towards someone when they sue you.

  12. No Rocks For YOU Ms. Streisand! by ackthpt · · Score: 4, Insightful
    What a poop-head. And as soon as the next storm comes along and carves away more of her sandstone she'll have her mouthpiece (or maybe even herself if she's not to shy about the size of the audience) beg for a pile of rocks to save her precious shack from tumbling into the Pacific as nature goes about it's inevitable business.

    "Sorry, but we have no photographic record of how your coastline used to look, so we, and the good taxpayers, will just assume it's always had that room hanging over the ocean."

    --

    A feeling of having made the same mistake before: Deja Foobar
  13. BAD precedent. by falsified · · Score: 2, Insightful
    As far as I can tell, this ruling has nothing to do with your rights online. This has to do with rights everywhere. Can a free society ban factual information about public figures? Nope, and if it tries to do so, it is no longer a free society. Imagine Dubya suing Harper's Weekly for saying unflattering things about him. The list goes on and on and it disgusts me that a judge has just agreed to such a list - without even a hearing. This is a court order, no trial or settlement.

    However, I give this about six weeks before it's overturned.

    --
    HI, MY NAME IS ISAAC.
  14. PLEASE STOP USING NYTIMES by stienman · · Score: 2, Informative

    Why oh why do so many story submitters encourage us to visit a site which requires some small amount of personal information to gain access to something which is freely available in so many other places????

    Google News has a whole list of news stories about this event.

    -Adam

    1. Re:PLEASE STOP USING NYTIMES by stevejsmith · · Score: 2, Interesting

      Uh...because it's damned good journalism and most people don't mind giving a little back (when this "a little" happens just to be the satisfaction of them being able to confirm that they have x amount of readers, and don't use it for anything else other than that)? You don't think those articles write themselves and the writers live off of your wet dreams of free everything, do you?

    2. Re:PLEASE STOP USING NYTIMES by LordNimon · · Score: 4, Informative

      God, you people are such morons. Just use the userid/password of cypherphunks/cypherphunks like everyone else and be done with it!

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    3. Re:PLEASE STOP USING NYTIMES by marko123 · · Score: 3, Funny

      When the datamining gets good enough, the postal address of the person registered as Cypherpunks will start receiving junk mail for Alzheimer's medication.

      --
      http://pcblues.com - Digits and Wood
  15. Libel by drdale · · Score: 2, Interesting

    Shouldn't the Miss Vermont case be handled under libel law? (This is a question for the lawyers, not an anssertion). As a public figure, she might have a tough time winning a libel suit.

    --
    This post is dedicated to all of those /.ers who do not dedicate their posts to themselves.
    1. Re:Libel by outsider007 · · Score: 4, Funny

      As a public figure, she might have a tough time winning a libel suit.
      and this, my firends, is why you must always secretly videotape sexual encounters with hot chicks.

      --
      If you mod me down the terrorists will have won
    2. Re:Libel by Wordsmith · · Score: 5, Funny

      the videotape i understand. how do you arange for the sexual encounters with hot chicks?

  16. Close your eyes when on an airplane or cruise ship by Brian_Ellenberger · · Score: 5, Insightful

    Streisand's suit complains that the photograph is of extraordinary clarity and violates her right to privacy, as it shows details of the property that one would not ordinarily be able to see from the road or the beach.

    So under "right to privacy", we are never allowed to include someone's home in a photograph? I guess that makes this product completely illegal.

    Or is it only rich and famous Hollywood stars whose homes are covered by "privacy" acts. After all, who would want to look at a picture of my shaby old 200K home.

    Streisand only seems like she is for the "little people" when it benefits her---either by raising publicity for her or by making her feel better by "fighting the EVIL REPUBLICANS". Strange that it is *HER* that is fighting this environmentalist's work and not some land developer or corporate polluter. But you can be sure if she wins, every land developer and corporate polluter will be using her case as a precedent. After all, don't they and their workers deserve privacy as well?

    Brian Ellenberger

  17. Also from Tucker Max... by BitwizeGHC · · Score: 2, Flamebait
    --
    N4st0r, trixx0r h0bb1tz0rz! Th3y st0l3 0ur pr3c10uzz!
  18. What's she worried about? by hardave · · Score: 2, Funny

    In a couple of years, that cliff will erode to the point where her house will be in the ocean. Then she can build something else totally different, maybe a bit more inshore.

    That of course begs the question, how badly do insurance companies bilk you for building a house on top of a cliff on the ocean? Since I'm landlocked in the middle of Alberta, Canada, I can't say that I know too much about that.

  19. Re:Barbara's house is now my wallpaper by carl67lp · · Score: 2, Insightful

    Her house isn't my wallpaper, but some of the beautiful, breathtaking scenes from the San Francisco Bay area are definitely going into my archive.

    This is some incredibly beautiful photography. It's really rather sad that Ms. Streisand can't see the larger picture here. I can't imagine that all of the denizens of San Francisco proper will be suing the company as well. After all, if nothing else, this site and the photos will inspire people to perhaps take up lanscape photography, maybe to visit the California coast, or even to buy property in the area. No matter what happens, sites like these (and projects like these) can be a real boon to the economy of the region.

  20. heat/kitchen by Restil · · Score: 5, Insightful

    This is pretty much a slam dunk for free speach. His comments, by her own admission, are accurate, so she can't claim libel. She's a public figure, so she can't whine about privacy. If she wanted privacy in her life, the best way to accomplish that was to not strut around in a swimming suit for a national public audience. OF COURSE old boyfriends are going to come back from the dead when you reach celebrity status. If you're going to be a celebrity, make sure there isn't anything in your past that's going to embarrass you or others, or learn to live with the fact that somewhere out there some nutball is going to get his two minutes of fame by telling a story that nobody really cares about anyway. Well, the tabloids will care, but they're just as likely to make something up anyway, probably something worse.

    -Restil

    --
    Play with my webcams and lights here
  21. Thank you, Ken Adelman by jjeffries · · Score: 4, Funny

    I will print this picture out and add it to my "places to avoid if you don't want to run into Barbra Streisand" file.

  22. Wait a sec... by OrangeHairMan · · Score: 5, Interesting

    This is cleary explained on the site:

    Privacy Concerns

    We are aware that we have photographed a number of homes in the process of documenting the California Coast. The California Coast is a unique and beautiful place, and those people who have chosen to live on it have made the coast a part of their lives, and their lives a part of the coast. It should come as no surprise that the public at large would be attracted to view this beautiful place some call home. We have little sympathy for those who would feel that in order to enjoy the beauty of the coast that they must deny others access to it.

    All of the photographs on this site have been taken from a public place and in compliance with applicable Federal and State laws. (emphasis mine)

    Please be sure to review some of the highest resolution photographs before forming your own opinion. You cannot see much detail, for example, identify individuals or see into a house. Also, as discussed in the next section, this information is available elsewhere.

    A very good book about how technology will affect the privacy of all of us is The Transparent Society: Will Technology Force Us to Choose Between Privacy and Freedom? by David Brin.

  23. So the best thing that one can do... by TWX · · Score: 2, Insightful

    is to post what we feel about Mr. Max and Ms. Johnson on our own weblogs, right? expressing our opinions on the veracity of the information that Tucker Max posted?

    We should also comment on the "Free Speech" banner on Katy Johnson's page, and I personally feel she is a huge hypocrite.

    --
    Do not look into laser with remaining eye.
    1. Re:So the best thing that one can do... by mbogosian · · Score: 3, Funny

      Her web site is just a broken image.

      How apropos.

    2. Re:So the best thing that one can do... by ksheff · · Score: 2, Interesting

      A topic that was on the radio the other night was about how to spot liars. One of the tips that someone is lying is that they often give too detailed accounts of events. I couldn't help but think about that while reading his version of events. "I forget what I made.." and then rattles off a bunch of specifics. (Does he record everything down in a journal after the hours of fucking her? Who would remember exact quotes after that?) The guy makes himself sound like the Mike Hammer of the S FL restaurant business. I agree that her site is horrible, but his reads like a piece of trashy fiction. I'm guessing the judge in this case thought so too.

      --
      the good ground has been paved over by suicidal maniacs
  24. Unreal .... by pherris · · Score: 3, Funny
    Rant mode on ...

    To Barbara Streisand: Blow me. The guy really doesn't give a rat's ass about "just your house", it's a photographic survey. If you don't like it might I suggest you get your sorry butt down to Home Depot and buying a few acres worth of tarps and covering up that mansion (or collection of McMansions as the case may be). This is America. If it's in plain view from a public place then you are SOL.

    To Miss Vermont: Blow me. Seriously, you sound like a party animal. Maybe next time you'll think twice about getting nasty with just any guy. I think you need your dates to sign NDAs or you need to stop being such a _________ (fill in the blank). This lawsuit will most likely sink any goodwill you expected to get from your "title". I wish you the best of luck in your future endeavors (and don't put the eggs on the bottom of the bag).

    Again, this is the US. The first amendment bigger than you low life, money grubbing trolls. Remember, it gives you the right to act like such jerks.

    --
    "And a voice was screaming: 'Holy Jesus! What are these goddamn animals?'" - HST
    1. Re:Unreal .... by IO+ERROR · · Score: 3, Funny
      To Miss Vermont: Blow me.

      Careful what you wish for. She probably will blow you.

      --
      How am I supposed to fit a pithy, relevant quote into 120 characters?
    2. Re:Unreal .... by sessamoid · · Score: 3, Insightful
      The problem (as I understand it) is that he published her name, and assiciated it with her house. That information is not published publicly, and she feels that this violated her rights.

      Land deeds are public information, even in Malibu, California. The LA County Office of the Assessor has these documents for public perusal upon the asking.

      From their website:

      Q: HOW DO I FIND OUT THE NAME OF THE OWNER OF A PARTICULAR PROPERTY?

      A: The Office of Assessor maintains the property assessment roll, which lists the assessee (normally the property owner). The roll may be inspected by the public at the main office or regional offices. For a list of the offices, go to the Assessor's website at: http://www.lacountyassessor.com/contactUs/contactI nfo.asp. You may also request this information by phone at (213) 974-3211 or by e-mail at assessor@co.la.ca.us

      --
      "No, no, no. Don't tug on that. You never know what it might be attached to."
    3. Re:Unreal .... by jlanthripp · · Score: 2, Insightful
      However, the "famous" among us are entitled to a certain amount of privacy

      In a word: Bullshit.

      Huge, heaping, stinking mounds of badly decaying bullshit. Bullshit so deep that hipwaders are completely inadequate.

      The "famous" are entitled to NOTHING more than the rest of us. Period.

      We have this wonderful thing in the United States called the Constitution. It has been amended 27 times. The 14th of those amendments contains a clause that is commonly referred to as the "equal protection clause." This clause states that all the people in the United States have "equal protection of the laws." It does NOT say "equal protection of the law, and a little extra protection to those who are famous."

      A logical conclusion of your otherwise reasonable point is that it should be OK to publish somebody's credit card details

      Credit card details are protected by 3 things: Laws that make it illegal to open someone else's mail, laws that make fraud illegal, and the caution practiced by credit card holders.

      or their health records

      health records are protected by doctor/patient privilege

      or the government's defence plans

      These are protected by the National Security Act and other laws.

      Real estate records, on the other hand, are protected by none of these. It's public information, and anyone who cares to stroll into the local courthouse can find the full name and address of every property owner in the county, along with the location, description, appraisal value, and a convenient diagram showing the shape and size of each piece of property they own. If someone goes through the trouble of taking a picture of my house from the street and finding the deed to my house in the county courthouse, they have every right to publish that information. I may not like it if someone did that, but I would like it less if property records weren't public. Why should Barbara Streisand have greater protection under the law than I? Does being famous somehow give one extra rights? How famous does one need to be to get those extra rights? Or does one only need to be rich? How rich? How much does it take to buy some of those extra rights?

      --
      "Alcohol, Tobacco, & Firearms" should be a convenience store, not a government agency.
  25. Oh for crying out LOUD. by Faust7 · · Score: 3, Funny

    And folks wonder where the stereotype of celebrities as self-absorbed narcissists comes from. Well, no, perhaps they don't, but regardless--the photograph, taken from a big frickin' distance at that, was part of

    environmental and scientific research projects interested in the health of the coastline and coastal erosion.

    It isn't about you, dear heart, it's about science. You were old news years ago, though you enjoyed a brief revival with South Park. Get over yourself.

  26. Stand up and face the music, Tits. by bethanie · · Score: 5, Interesting

    Oops. I mean Toots.

    The major problem I have with the whole Miss Vermont thing is that the tales told about her are ADMITTEDLY accurate (RT[F]A). Now, she is holding herself up as a model of abstinence, temperance, steadfastness... and a whole other load of crap (see the saccharin-sweet-make-you-puke intro to her website, which I'm not gonna link to here 'cause she's on a litigious rampage, apparently *cough* www.katyjohnson.com *cough*)

    The problem isn't that she's being hypocritical -- everyone has the right to change their mind about the values they hold and what they want to represent. But the truth is, SHE DID THE STUFF that Max is writing about.

    Don't we all have dirty little secrets in our past (like, say, those 2 consecutive French Quarter Mardi Gras back in the 90s... I've still got sacks and sacks of beads -- my daughter *loves* playing with them!)??

    If you can't face up to your past, DON'T pursue a role as a public figure (like Miss Pure-and-Proper America -- DUH). Eventually, it's gonna come back and bite you in the ass. Either have the ovaries to stand up and address the "mistakes" you've made, or STFU and retire to a quiet life of obscurity.

    If you're really lucky, you can buy a house in Barbra Streisand's neighborhood and be ensured of your privacy! :-)

    ....Bethanie....

    1. Re:Stand up and face the music, Tits. by schlach · · Score: 2, Insightful

      Are you advocating that "ordinary folks" shouldn't be able to discuss their encounters with public figures? What if they restrict their conversations to other po' folk who can't afford to sue them? I fail to see how the world would be a better place if Americans were denied the legal right to shine a light on the bullshit being shoveled by someone, especially if they have the money to bring a lawsuit.

      If you've got so much money and want to shut someone up, hire a professional. I am so sick of thugs hiding behind the law. =p

      I for one want normal people with all their flaws running the country. I don't care about their dark secrets, I want to know what they can do TODAY.

      You might. Allegations of corruption, murder, extortion, embezzlement don't concern you? How would you recommend people choose a baby-sitter? I happen to believe, probably not uniquely, that the best indicator of future behavior is past performance. Having the law bar me from discovering what that is hardly helps me decide "what they can do TODAY", no?

    2. Re:Stand up and face the music, Tits. by nathanm · · Score: 2, Informative
      Bush, for instance:

      - was AWOL for 2 years - and never served time for it
      This is absolute BS! Read here and here.

      - was/is an alcoholic
      He's admitted this, and that he hasn't had a drink in years.

      - was/is a cocaine addict
      This is pure speculation.
  27. Clinton? by grub · · Score: 4, Insightful


    Sooooo... you can't write about a former girlfriend, yet any and all dirt on Bill Clinton (a President, no less) including cigars, cum stains and other sordid crud is suitable for public consumption?

    --
    Trolling is a art,
  28. error in article by ketan · · Score: 5, Informative
    The article states:
    Katy Johnson, who was Miss Vermont in 1999 and again in 2001, uses her site to promote what she calls her "platform of character education."
    That is incorrect. As you can see at the Miss Vermont previous winners page, the winner in 2001 was Amy Johnson, not Katy Johnson, who won in 1999 and is the subject of the article. I should know; I went to high school with Amy and lived one street over.

    Furthermore, it just doesn't make sense for someone to be able to compete twice. Did it not occur to anyone at the NY Times or other papers to check this? I have seen the same error in several places.

    --
    You have a choice: tax and spend Democrats, or borrow and spend Republicans. Choose wisely.
    1. Re:error in article by Jade+E.+2 · · Score: 3, Informative
      You can tell I'm bored. I was curious about this, since the same claim (that she was Miss Vermont twice) appeared in the disputed web page (thanks to earlier poster for google cache.) In the 8th paragraph after the seperator line it states "One of the specific things I remember us talking about was that she was Miss Vermont, twice..."

      So, I went and looked it up. Turns out she won Miss Vermont in the Miss America pageant in 1999 (The one you linked to.) But, she also won Miss Vermont in the Miss USA pageant in 2001. (Their very slow site is here but there's no past winners link, you can see their description of her on this google cached page, apparently she was a judge last year.)

      I'm going to go do something more interesting like watching paint dry now.

    2. Re:error in article by HeghmoH · · Score: 4, Funny

      I went to high school with Amy and lived one street over.

      Hello? Have you learned nothing? That kind of information is illegal to give out!

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
  29. "Miss Vermont" didn't think this one through... by Robber+Baron · · Score: 4, Funny

    Prior to today, I didn't know her name, never mind her reputation, as I had never even heard of her, and had never run across Max's site. Now everyone who reads Slashdot knows that she's a drunken slut! Way to protect that reputation! Perhaps "vapid" doesn't even begin to describe it...

    --

    You're using her as bait, Master!

    1. Re:"Miss Vermont" didn't think this one through... by Robber+Baron · · Score: 3, Funny
      Imagine I put up a website claiming I fucked your mother, complete with photoshopped pics, eyewitness accounts, etc.

      Now you get a restraining order forcing me to take down the site because it's all complete BS. I made everything up.


      Ahhh there's where you're wrong...I wouldn't bother with the restraining order, I'd simply hunt you down! It's simple, it's direct, it's effective!

      ...either that or I'd post some "photographic evidence" of my own showing that you and the goatse guy are VERY close!

      Restraining orders are for wimps.

      --

      You're using her as bait, Master!

    2. Re:"Miss Vermont" didn't think this one through... by maxpublic · · Score: 3, Insightful

      And we also know that 'Tucker Max' is an arrogant, mysogynistic little boy whose mama shoud've bitch-slapped him more when he was growing up. Scum like this little turd makes me think that forced castration for assholes is the only way to clean up the human gene pool....

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
  30. Re:Close your eyes when on an airplane or cruise s by mr.henry · · Score: 5, Interesting
    Or is it only rich and famous Hollywood stars whose homes are covered by "privacy" acts.

    Yes, exactly right. For example, in the freely available property tax database for central Texas, Sandra Bullock's place is listed as "NOT AVAILABLE." Yet the name (and often spouse info) of every other person on her block is listed.

  31. She should be mad about the photo by charon_on_acheron · · Score: 2, Funny

    Our backyard was bigger than her land. She paid millions for a couple hundred feet. And now everyone knows. No wonder she's pissed. Besides, the beach looks crummy, full of rocks and such. Not the picturesque smooth sand I would expect from a person of her supposed caliber.

  32. Tucker Max galore by EZmagz · · Score: 4, Interesting
    Honestly, I just came across Tucker Max's website a few weeks ago by pure chance, and I have to admit...the kid knows how to push the limits. He's no dumbass off the street who just decided to throw up a website bashing his ex-girlfriend. Tucker Max graduated from Duke Law school and made an archive of sorts of all of his premiscuous adventures around the country. Debauchery galore, it's actually a pretty interesting read if you're into mysogonistic humor (so I'm appreciate vulgar stories...sue me).

    Regardless, it's a fine line sometimes between what's libel and what isn't. I'm a huge fan of First Ammendment rights, and even if it comes at the cost of someone's pride, then so be it.

    --

    "Hell hath no fury like a woman scorned for SEGA. ..."

    1. Re:Tucker Max galore by rycamor · · Score: 4, Insightful

      Maybe I'm an old-fashioned kind of guy, but I don't know what's scarier: the implications of this lawsuit to free speech, or the fact that this narcissistic blowhard of a guy is now being celebrated by wanna-be's all over slashdot.

      The humor is definitely Beavis & Butthead quality, IMHO.

    2. Re:Tucker Max galore by maxpublic · · Score: 2, Insightful

      the fact that this narcissistic blowhard of a guy is now being celebrated by wanna-be's all over slashdot.

      Celebrated by mysogynistic geek losers who hate and fear women because they can't get a date with anything other than a RealDoll. Katy Johnson may have been too stupid to avoid a fuckwit like Tucker Max, but most women can spot these sorts of losers pretty quickly, and avoid them like the plague.

      Why else do you think there are so many frustrated nerds out there? If most women were as lacking in the ability to judge character as Ms. Johnson, we'd be overrun with little nerdlets by now.

      And as for Beavis and Butthead, I show I loved: these two were deliberately written as over-the-top losers of the worst sort. No one could mistake them for anything but losers. That's one of the things that made them so funny. Tucker Max, unfortunately, isn't immediately identifiable as a real-life Beavis, at least to some people.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
  33. What if you could see inside her house? by kaltkalt · · Score: 2, Interesting

    Just to play devil's advocate here, what would you guys think of this if you could clearly see inside her house. Ya know, with one of those 600x zoom, infra-red heat-sensing 10,000 megapixel digital cameras that are just around the corner. Then would she have a case worthy of trumping the first amendment right to put said picture on the internet?

    --

    Stupid people make stupid things profitable.
    1. Re:What if you could see inside her house? by frodo+from+middle+ea · · Score: 2

      Dude,
      This is Barbra Streisand we are talking about, not natalie portman.
      Why whould you ever want to do that ?

      --
      for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
    2. Re:What if you could see inside her house? by liquidsin · · Score: 3, Insightful

      I don't really think this is a first ammendment issue. This is about reasonable expectation of privacy. A photo taken from a public place of the outside of a building shouldn't be considered to be violating a reasonable expectation of privacy. A photo taken through and uncovered window probably would violate that privacy. By the same token, using strange magic to photograph the inside of the home is probably a violation of privacy too. Would you want the cops too see straight through your walls and catch a glimpse of the bong on the table? Probably not...

      --
      do not read this line twice.
    3. Re:What if you could see inside her house? by kaltkalt · · Score: 4, Interesting

      If the court (the government) is going to enforce a judgment making this guy take down his picture (restricting speech) then it is a first amendment issue. If they both sign contracts to go on "Judge Judy" to have the dispute resolved (the contestants on those court shows sign contracts agreeing that they will abide by the mock-judge's ruling; failure to do so is breach of contract) then it would not be a first amendment issue. As far as I know, Barb is suing in a real "gubment" court. Note that first amendment and right to privacy are not mutually exclusive issues.

      If the cops looked through my walls it would violate the 4th amendment, unless they had a valid warrant. No first amendment issue, no right to privacy issue. Solely a 4th amendment search and seizure issue.

      --

      Stupid people make stupid things profitable.
  34. Re:Streisand has a point by dagnabit · · Score: 5, Informative

    A[ctually|llegedly] _he_ didn't make the identifying entry. The way the gallery of images is set up, anyone can make comments and/or add captions to the photos. And that's what happened to Ms. Streisand's estate photo, and other celebrities' homes that were snapped as well.

    <Linda Richman>
    "I'm verklempt. Twok amongst yourselves. The topic is: she needs to get over it, and get over herself."
    </Linda Richman>

    You know, no big whoop.

  35. Re:Best quote in the Streisand story by Gerad · · Score: 2

    Forbidding someone from writing about their own life, when what they're writing is the truth, is crazy. Wanting not to have detailed pictures of your house (and the land connected to it) posted on the internet seems pretty reasonable to me.

    Yes, it may seem like it goes against freedom of speech, but there are also privacy concerns. Is it freedom of speech if a corperation violates your privacy and sells your personal information (say, medical records, financial records, or data on your recreational habits)? Is it freedom of speech for spammers to send out the millions of messages that they send? I don't think it's nearly as clear-cut as you'd make it sound.

    --
    Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
  36. Re:laws against harassment == "threat to 1st Amend by kaltkalt · · Score: 4, Insightful

    She's holding herself out as a public figure (and she is one by being miss vermont, anyway). As the lawyer said, the public has an interest in knowing if she lives up to the image she is portraying of herself. She's milking her public figure status for money/attention. It's a two-way street. If you are a public figure portraying yourself as a model of morality, the public always has an interest in knowing if you're full of bullshit and really an immoral piece of shit. For examle, Bill Bennett. He constantly holds himself out as a czar of morality, and the Right treats him as such. He's come out against porn, gambling, abortion, homosexuals, etc. So, when it turns out he has a huge gambling problem and has lost over a million bucks in casinos, the public has an interest in knowing that. If it were you or me (poor schlub nobody knows about) then making a website saying we have gambling problems may constitute harassment. Maybe. It would actually be more of a "false-light invasion of privacy" cause of action, and not all states have that.

    --

    Stupid people make stupid things profitable.
  37. Comment removed by account_deleted · · Score: 3, Funny

    Comment removed based on user account deletion

  38. "King of the Hill" by Hao+Wu · · Score: 5, Funny

    She totally reminds me of the "Luanne" character.... if you know what I mean.

    --
    I suggest you read Slashdot
  39. Since when does the Times check out its stories? by L.+J.+Beauregard · · Score: 3, Insightful
    Did it not occur to anyone at the NY Times or other papers to check this? I have seen the same error in several places.

    Have you forgotten Jayson Blair already?

    --
    Ooh, moderator points! Five more idjits go to Minus One Hell!
    Delendae sunt RIAA, MPAA et Windoze
  40. Re:Actually... by WatertonMan · · Score: 2, Funny

    Thank you J. Jonah Jameson.

  41. Tucker Max by iCoach · · Score: 2

    is the funniest website ever. I stumbled onto it a few months back, and he has been posting about this "issue" of a woman "who shall go unnamed".

    I find it humorous that the NYT was the one who let me in on Tucker's little secret instead of Tucker... :)

    Funny sh|t Especially the Absinthe story...

    --
    "Never upset a goalie, getting hit with a blocker is an unpleasent experience - facemask or not." -Me
  42. Interesting Angle for Babs Suit by Maxwell'sSilverLART · · Score: 5, Interesting

    An interesting angle on the Barbara Streisand suit:

    The photographer claims to have taken his pictures "from a helicopter flying over the Pacific Ocean." This could present a jurisdictional issue.

    SCOTUS precedent holds that the federal government has sole jurisdiction to the airspace over the US, as well as to lands off the coast (United States v. State of Texas, 1950, for the latter decision, which was used to support the former as well; a previous case, US v. California, also deals with offshore rights, and was used to support US v. Texas). If the location from which the picures were taken was outside the jurisdiction of California, then California would have no claim; in this case, he may have been twice out of their jurisdiction: once offshore, once in the air. Without jurisdiction, the State of California can blow and go all it wants, but can't bother the photographer. 'Course, he'll probably have to fight in Federal court to establish that, but it's still an interesting position.

    You'd think the First Amendment would take care of such things, but it wouldn't be the first Amendment (no pun intended) to be ignored in California....

    (IANAL, but I did help write a textbook on Aviation Law; US v. Texas is discussed in Chapter 7.)

    --
    Moderate drunk! It's more fun that way!
  43. Re:retaliation by The_dev0 · · Score: 3, Funny

    Yeah, that's just what you want. A class action launched against you by a whole gaggle of drunken sluts.

    --
    Never fight naked, unless you're in prison...
  44. Ken Adelman also has a point by kimgh · · Score: 5, Insightful
    If you walk down a public street with a camera, you can take pictures of any house you like without anyone seriously able to challenge your right to do so. If you are in a public place you can take all the pix you want.

    The airspace over all our houses is a public place, controlled by the FAA. There have been numerous challenges to this in this country, but generally it's been held that only the Federal Gov't has the jurisdiction to control the airspace. Taking aerial photos is therefore similar to taking photos from the street, in that both are public places.

    Adelman has taken these photos of the entire California coastline, even getting permission from the military to photograph the parts controlled by them. He has had several complaints from rich people who object to pix of their houses on the web, but he makes no exception for any of them. He has not singled out Streisand or anyone else, and he is not selling pix of her house for personal profit. The proceeds of sales go, as I understand it, to fund environmental preservation. He is legally allowed to fly in the airspace he was occupying at the time. Finally, hi-res satellite photos of the Streisand compound can no doubt be purchased from a for-profit organization, and presumably these have been available for years with no complaint from Ms. Streisand. So I think her case is pretty weak.

    Interestingly, I had no idea that Streisand owned a home on the coast, and even though I knew about the California Coastline project, never would have had much interest in looking at her home. But the news of this lawsuit changed that; I simply had to go look. Adelman made it easy by putting a link to it right on the home page. I'm sure that many people who didn't know about the project at all, or at least didn't care particularly, are now fully informed about it. If privacy is what Streisand is after, she has chosen a funny way to get it. Even if a judge orders the removal of the picture from the website, copies of it will no doubt remain available all over the web. Even if the project is shut down as a result of this suit, and all the pix disappear from the web, the picture of her house will be famous, and will persist as long as there is a web and interest in Streisand.

  45. Far More Important Life Lesson by NoData · · Score: 4, Insightful

    I urge all Slashdotters to read the Google cache of this story. Wow. It's unbelievably crass, misogynistic, and utterly puerile.

    It's also the stuff of life you're completely missing out on sitting at home playing Counter-Strike and Evercrack.

    Seriously, Tucker is a ridiculous caricature of the antithesis of geekdom (which is not to see he's not a really bright guy). But use his extremism to find the golden mean: Especially you younger Slashdotters, go out and make some MEMORIES. Do something STUPID. Take some (respectful) CHANCES with women.

    Tangents:
    The shocking of hilarity of Tucker's story is that it has the ring of truth...Even Katy accuses him of "invading privacy" by conveying "accurate details" of her life.

    On the other hand, the shocking hilarity of Katy's site is its utter vapidity that resonates with Tucker's assessment. Her cartoons...wow...I mean, I could draw better cartoons and I'm so bad at drawing I'd be ashamed to show them to my own mother. And the humor(?!). Wow.

    Check out these tortured puns:
    Make it your philosophy not to be Gossipy! GOSSIP -> G(R)OSS(L)IP. Get it? Gross Lip! Ha. Ha?
    It's unfair that most comics are drawn by men. It's time for DISS*"WOMAN"ATION to end! Please kill me.

    The groaners keep coming. It's amazing. I mean staggering.

    1. Re:Far More Important Life Lesson by dipipanone · · Score: 2, Insightful

      You'd think we could expect more from a member of MENSA.

      I found myself wondering what it says about the American education system. This is a woman who apparently made Dean's List, got into law school and passed the Florida State Bar.

      Fortunately for the people of Florida, her only work experience in this area was as a summer receptionist -- presumably for Lionel Hutz.

  46. Re:Close your eyes when on an airplane or cruise s by david@ecsd.com · · Score: 2, Funny

    That's probably a good thing, considering it keeps weirdos like me from peeking in her bathroom window.

  47. Katy Johnson mirror by touretzky · · Score: 3, Informative
    The Google cache doesn't last forever, you know. That's why I made this mirror of the disputed essay.

    It will be interesting to see how long this case survives now that Mr. Max has legal representation.

  48. Check the speeding tickets... by Life2Short · · Score: 2, Insightful

    One thing that should be verifiable is the two speeding tickets that are referred to in the story. That doesn't make the rest of the story true, but it would be an interesting place to start.

  49. Max can safely ignore the order. by bmasel · · Score: 4, Interesting

    It's invalid because it was issued without giving him an opportunity to contest. From
    CARROLL v. COMMISIONERS OFPRINCESS ANNE, 393 U.S. 175 (1968)


    "The 10-day order here must be set aside because of a basic infirmity in the procedure by which it was obtained. It was issued ex parte, without notice to petitioners and without any effort, however informal, to invite or permit their participation in the proceedings. There is a place in our jurisprudence for ex parte issuance, without notice, of temporary restraining orders of short duration; but there is no place within the area of basic freedoms guaranteed by the First Amendment for such orders where no showing is made that it is impossible to serve or to notify the opposing parties and to give them an opportunity to participate."...


    and citing A Quantity of Books v. Kansas, [393 U.S. 175, 182] Ê 378 U.S. 205 (1964)."


    " In the latter case, this Court disapproved a seizure of books under a Kansas statute on the basis of ex parte scrutiny by a judge. The Court held that the statute was unconstitutional. MR. JUSTICE BRENNAN, speaking for a plurality of the Court, condemned the statute for "not first affording [the seller of the books] an adversary hearing." Id., at 211. "



    --
    Ben Masel: 51,282 votes for US Senate in the Wisconsin Democratic Primary
  50. Re:Frivolous shit by Fryed · · Score: 3, Funny

    Have you read the rest of the story? I'm sure the reason she didn't respond was because she wouldn't be able to put together a cohesive story that's longer than about 10 sentences. God, it have worse grammar and spelling than Slashdot...

  51. Don't feed this guy's page counter by The+Tyro · · Score: 4, Insightful

    C'mon... isn't this a little too escapist-fantasyish, even for slashdot? I know every geek dreams of hitting it off with a Ms.(insert state of choice here), but isn't living it through the eyes of her lawyer Ex-BF a bit much? Talk about living vicariously through others...

    So her intelligence is not Ph.D-in-number-theory Slashdot elite... that's really no excuse for her class-deficient Ex-BF to write a kiss-and-tell website about their entire relationship. Frankly, I'd say it's pretty weak. I understand wanting to do it; everyone's lived in bimbo limbo at some time in their life. Everyone who's ever had a bad breakup, whether they saw it coming or not, has wanted to do the same thing; it's actually doing it that's over the line. Be an adult and walk away, thankful that the other person is out of your space.

    There's something to be said for being the bigger man about these things. Let it go... such people tend to get what's coming to them anyway; all it takes is time.

    --
    Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
  52. Oh No! If you look close... by confused+philosopher · · Score: 2, Funny

    You can see her naked in her swimming pool! No wonder she is so upset. Now if they'd used a crumby 5MP camera instead of a 6MP, then she might make a deal.

    --
    Why slashdot? Why not?
  53. this is just wrong by Anonymous Coward · · Score: 2, Insightful

    I went to school w/ Miss Vermont & have firsthand knowledge of things that are way cruder than the story this guy posted. I would feel bad if she didn't set herself up as an abstinence advocate (not that theres anything wrong w/ it).

    poor girl tho. according to his story she serviced him quite well & only made a fool of him a bit. she is stupid but doesn't deserve the anger that comes seeping out in his writing. unfortunately, I wouldn't be surprised if she tried to commit suicide. this is upsetting her deeply no doubt. but deal w/ it I guess, she made her bed, now LIE in it.

  54. The most dangerous sentiment, and it's growing... by gilroy · · Score: 3, Interesting
    Blockquoth the poster:

    I think over time the guidelines on privacy may have to change, first amendment or not.

    To the extent that anything in American political life can be sacred, the First Amendment is. It is the greatest contribution of the US to human politics. It saddens me to witness the increasing frequency with which the citizens -- and leaders -- of this country are willing to toss it aside. If the statements are untrue, there are well-established mechanisms for Ms. Johnson to collect damages or have the statements removed. But if they are true then she has no leg to stand upon.


    The privacy to which Ms. Johnson is entitled -- celebrity or not -- involves restrictions upon other people investigating her, not upon statements about situations into which she has entered voluntarily. If the story is about, say, a party she attended, I don't see how she can possibly claim that she has a right to suppress it.


    But the most disturbing thing is the issuance of an order of prior restraint, something that has long been anathema to American jurisprudence. It might have been a simple temporary restraining order but the reaction of people quoted in the Times article seems to imply that this was not routine. I find it ironic and sad that, in the middle of the Viet Nam war, the Pentagon could not obtain a prior restraint upon the Time to prevent publication of the actually secret Pentagon Papers, but Miss Vermont can pre-emptively gag this guy.

  55. Hypocrisy & Misogyny by bettiwettiwoo · · Score: 2, Interesting

    So the woman got drunk, acted like a fool and slept with a real lout. In addition, she went on to aggravate these loathsome crimes by endorsing, on her website, abstinence and temperance (and this despite her previous behaviour, cf. supra). And as if this wasn't enough she topped it off by pretending to be in favour of free speech while sneaking off to seek an injunction against aforementioned lout. Obviously, for being such a hypocritical slut she deserves -- at the very least -- to be tied up and burnt at the stake.

    My dear misogynists:

    (A) Slander/Libel isn't protected by 'free speech' unless in the 'public interest':it is perfectly possible to be in favour of 'free speech' and still not support the right to slander/libel other persons.

    (B) Do we know whether her opinions on temperance and abstinence were the same prior to the 'Tucker' incident? She could only be called a hypocrite if they were. And after reading that story, can you really blame her for thinking that maybe abstaining from sex and alcohol in the future might be a good idea. At least for her personally. Trying to learn from experience isn't necessarily the same as hypocrisy.

    (C) So her drawings are ... shall we say, somewhat childish; her homilies are purely asinine; nor does she come across as the most fascinatingly interesting person in the world (indeed, are there any interesting Mensa members out there? And if yes: are they all in hiding?) So what?! Surely, she too has the right to free speech?! Or is that a right that becomes slashdotters only?

    --
    The liver is evil and must be punished.
  56. Hey Babs.. by nadaou · · Score: 2, Funny

    Hey Babs.. if I were you I'd be more concerened with the toxic green gook flowing out of the tube and down the cliff on the north side of your property. Or that semi-clothed homeless guy on the beach looking for a place to climb up and 'soil' your pool. Then again, maybe he can save your marriage [man that movie sucked].

    --
    ~.~
    I'm a peripheral visionary.
  57. Please Read. by boogy+nightmare · · Score: 2

    Why should an actor or actress have more protection than any other person, if they are allowed to hide their addresses etc to stop stalkers why is it that everyone else's address's are out there.

    What makes the life of an actor or actress any more valuable than my life or yours.

    Ok he tracked them down and shot them dead but whats the difference between that and the other thousands that are shot dead every day in the rest of the world. You could even argue the fact that they make no real contribution to the real world, only in make belive (although this is not my point of view) no life is any more or less important than any other life.

    S

    --
    Kingdom of Loathing (www.kingdomofloathing.com) Addicted is me
  58. Great God Almighty! by TygerFish · · Score: 3, Insightful

    Of the two people in the man story, Johnson is by far the more scary. In fact both of them are *way* scary followed by the judge in the case who is scary AND ignorant.

    Tucker is a creep. The man is an IQ-test for women living in a modern, pluralistic society where women are free to choose sexual partners. In any place like the United States or Western Europe where women can choose one, many, or no sexual partners, women learn to avoid the Tuckers of the world, usually in high school, or they fail to and it isn't anyone's business.

    The fact that Johnson hadn't learned it and didn't avoid Tucker is telling with respect to her... a cautionary tale about classic prudery and its abstinence-as-ignorance-as-virtue attitude. In the real world, Johnson got off lucky in that She could have gotten more than just a Tucker: she could have gotten a Tucker with a disease.

    The judge in the case is a horror who in a better world would wake up covered in a sweat of realization and retire from the bench after reversing herself .

    Yes, Tucker's portrayal of Johnson is painful to Johnson. Tucker is an egotistical turd, a man an earlier age would have called a cad, but the judge's decision sacrifices Tucker's right to free speech -- and by precedent, anyone's who comes before a court in a similar case -- in order to protect Johnson's right to hypocrisy; essentially, her right to foist on young women a standard of behavior that she herself obviously coudln't live up to and that was just as obviously harmful to her.

    Johnson couldn't keep her legs closed when a Tucker rolled around, and she is selling the same set of attitudes that made her situation possible to impressionable young women; basically setting them up with the same sexual ignorance and social naivete that lead to her experience. Tucker's rebuttal, as nasty as it might be, would have provided a counterbalance to Johnson's B.S. and denial, working exactly as our free-speech provision is supposed to, and the judge shot that down. Honestly, that judge shouldn't be a judge anymore.

    I can't stand the Tuckers of the world but I can only hope he appeals and wins.

    --
    To mail me, remove the 'mailno' from my email addy.
    "Yeah. It smells, too..."
  59. undisguised rant. by cosyne · · Score: 2, Interesting

    Katy Johnson ... uses her site to promote what she calls her "platform of character education."

    Uh-huh. Really. She's clearly evil because her site is in flash and has one of the longest and most boring skip-intro's I've ever seen. And all though there's plenty to nitpick (although I like the 25 and 36 star American flags- I was just thinking that most of those states in the middle are useless anyway), one thing bugs the shit out of me: the cast of characters for her comic strip. And not just the fact that they're all skinny and well endowed (and thus excelent role models for the young girls I assume this is aimed at). I take offense at Bekka's intro

    Bekka studies a lot and the kids mock her ...
    She doesn't care; She's going to be a doctor...

    Hrm. Let's promote the American cultural tradition of mocknig smart people. That's a great approach to character education. Seriously- when I was in high school I wasn't even cool enough to wear a black trench coat. The last thing I feel like seeing is a washed up beauty queen reinforcing the whole 'pick on the nerd' mentality. I think the US is singularly fucked up in the cultural assumption that smart guys don't get girls* and that you have to be some kind of steroid swilling football watching smooth talking asshole to automatically get women. Why are there never movies where the football player wishes he could get the cheerleader away from the chess team captain?
    But I guess beauty pagents, and people like Katy, are direct results of this culture, and thus blindly propogating it.
    Sigh. I think I should go to sleep before I get into my theories about the pick-on-the-nerd mentality leading to school shootings.

    *or rather that smart people don't get members of their desired group.

  60. It's Babs' Turn to Utter the Phrase.... by LittleGuy · · Score: 2, Funny

    "I can see my house from here!
    .
    .
    .
    .
    . .... call my lawyer!"

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  61. Miss Vermont, personality and therapy by pdjohe · · Score: 4, Interesting

    After spending quite a long time reading that Max Tucker story and then looking through Katy's website, I believe I have a good picture of the mentality of this woman's life.

    1. Overprotective parent (mother from what I've read)
    2. Easily taken in by an agressive male 'player'
    3. Because of the strict rules placed on her, she is eager to rebel and gets carried away with the sex and booze.

    4a. Eventually realizes (as most people figure out later in life), that her parents might have had some good points growing up - create a website with their rules to make her parents proud and hide her past experiences.
    4b. Feels that she has been taken advantage of and makes a website that can help other girls who might fall into similar situations.

    Judging by the way she handles situations in the Max story, she doesn't appear to catch on quickly what's going on (polite 'dumb blond' statement). I would venture to guess it is the same with many of the guys she's dated - unable to know if they are in it for just sex and then dump aside. It seems to me that due to her personality and her position as a beauty queen, etc, that men would generally be in a relationship to take advantage of her.

    I can easily understand why somebody who went through such relationship as she did with Max would try and publicize abstinence from sex and alcohol and from letting men take advantage of them. It seems like a defence mechanism to somehow correct her own mistakes.

    However I feel she should seek councelling herself and come to more of a balance between her inner desires/emotions and the rules she grew up with. From looking that the two websites, it seems like it is an all-or-nothing approach from her part.

    I honestly feel sorry for the woman. She is trying to help women out there - moreover, making somewhat of a career out of it. I think she would be better off to be somewhat honest with the audience of her website. Something like, I've been there, don't do it, instead of trying to hide her past with this lawsuit. Perhaps simply as Max to tone down the site, removing the profanity (i.e. "pull down my pants and eat my member for dinner"). If her website was more upfront about her own experiences, this Max guy might not have written the story to begin with. Although, I feel many of the cartoons on her site are probably somewhat auto-biographical.

    Nevertheless, I'm sure some therapy would help her.

  62. This man is a git! by Erik+Corry · · Score: 2, Insightful

    He keeps telling you at the start of the story how amazing it's going to be, and when you get to the end you realise it's just a standard girl-meets-bastard, girl-gets-treated-like-dirt story. The only amazing thing is that he has no shame, so he isn't embarassed to admit how nastily he treated her.

  63. Re:you didn't read the story, did you? by Kintanon · · Score: 2, Funny

    Yes, but the average intelligence of the MENSA meeting is MUCH closer to functionally retarded than is the population of South Florida.

    Kintanon
    Yes, I do think MENSA members are useless wankers.

    --
    Check out JoshJitsu.info for Brazilian Ji
  64. Case law for 4th Admendment searches - Privacy by Shiftlock · · Score: 3, Interesting

    I just happened to be reading the book "The Right to Privacy" (Ellen Alderman, Caroline Kennedy) page 26 concerning a case where a man attempted to prove a search was unreasonable because the search was conducted from an aircraft. (He had marijuana in a large field).

    The author's reference notes to the Supreme Court ruling states:

    The Supreme Court case holding that aerial surveillance of a California man's backyard did not constitute a Fourth Amendment search is California v Ciraolo, 476 US 207, 1986 US LEXIS 154 (1986). The Court's determination that it is unreasonable to protect one's garden from aerial observation is from id at 213-214.

    Three Years after Ciraolo, police acting on an anonymous tip flew a helicopter four hundred feet over a greenhouse in order to observe a marijuana crop. The Supreme Court held that Ciraolo was controlling an that there was no significant difference between a plane at one thousand feet and a helicopter at four hundred feet. Neither was held to be a search. Florida v Riley, 488 US 445, 450-51, 1989 US LEXIS 580 (1989).

    Maybe Babs isn't growing the herb, but the Court ruled unreasonable to protect one's garden from aerial observation.

    Shiftlock

  65. NewsFlash for Tucker Max by hndrcks · · Score: 2, Insightful

    From Mr. Max's website:

    "Of course, there is always the small flickering of hope that a hot, intelligent, emotionally stable girl will see my site, recognize my value, email me, we'll fall in love, get married, raise a gaggle of children, and live happily ever after. "


    Sorry to say it, chum, but any girl who fulfills requirement #2 will run in the opposite direction at top speed when they see your site.

    --
    Everyone will start to cheer when you put on your sailin' shoes.