Flickr by Jamie Anderson
Paul Alan Levy
It was disheartening to say the least to hear a Major League Soccer (MLS) team player use abusive language with a ball boy in the middle of a game, but it’s positively shameful that the MLS decided to go after a fan who later posted a small clip of the game on YouTube to further discussion of the widely publicized incident.
There’s no question that the clip was taken from the copyrighted telecast, but there can also be no doubt that the fan is protected by fair use in posting a 20-second clip from a 90-minute game. MLS responded with an abusive DMCA takedown notice that caused the YouTube clip to be removed – an overreaction that boils down to attempting to deny the fan his right to free speech.
Colin Clark, a player for Major League Soccer team Houston Dynamo, made a significant mistake in lashing out at the ball boy at the Seattle Sounders stadium at the March 23 game, using a gay slur because the ball was not delivered directly into the player’s hands, but rather tossed onto the ground for Clark to pick up. Even though Clark issued an apology, the video prompted a widespread discussion among soccer fans, who compared the incident to recent controversies in Europe over racist comments there.
The U.S. House of Representatives refuses to let up on its quixotic mission to destroy public safeguards. Its latest incarnation is H.R. 4078, the “Regulatory Freeze for Jobs Act of 2012,” a misguided bill that seeks to halt regulatory protections until the unemployment rate is equal or less than six percent.
photo by Derek Keats vis flickr
It was the topic of the hour at a hearing of the House Judiciary Committee’s Subcommittee on Courts, Commercial and Administrative Law, featuring two professors associated with the Hoover Institute, Allan Meltzler and John Taylor, who were there to bolster a weak argument that by “freezing” regulations, somehow all of our country’s jobs problems would magically disappear.
Fortunately, Public Citizen President Rob Weissman was there to speak on behalf of reality.
Weissman, who also serves as co-chair of the Coalition for Sensible Safeguards, reminded the subcommittee it was regulatory failures that helped create the current jobs crisis. He said a freeze on public protections not only would fail to create jobs, but would place the economy in serious jeopardy, particularly if newly created financial regulations were weakened or blocked. A little more on that in minute.
One of the hot topics these days is income inequality and the out-of-sight paychecks that CEOs get, even if the company goes downhill on their watch.
That’s why a Public Citizen is helping organize a conference today about executive compensation and how it should be changed. The conference is hosted by Americans for Financial Reform, a coalition where Public Citizen leads leads the executive compensation task force. The point is to examine how the Dodd-Frank Wall Street reform law was intended to reduce the excessive earnings of senior executives and reduce the risks these pose to the economy. Proposed implementing rules meant to bar compensation schemes that incentivize excessive risk-taking are weak and have been delayed. Speakers include Richard Trumka, president of the AFL-CIO; Robert J. Jackson Jr., a former senior adviser to the Treasury Department on executive compensation and corporate governance; a number of professors and others.
Also today, one of our senior attorneys, Paul Alan Levy, is making an oral argument before the Indiana Court of Appeals in Indianapolis. The case is Miller v. Junior Achievement, and Levy is arguing as amicus curiae. The suit arose from an attempt by the former CEO of Junior Achievement and his wife to unmask online critics who commented about the company’s financial situation. Levy will argue that the Millers have not met the test needed to unmask the identity of the anonymous posters.