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Charles Harder Tries And Fails To Censor Another Book About His Most Famous Client, The President

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Lawyer Charles Harder (who, yes, was once the lawyer for the guy who sued us) has built up a nice reputation now of the lawyer who tries and fails to stop people from saying stuff that upsets President Trump. You may recall that Harder, representing the president, threatened former Trump adviser Steve Bannon for his supposed quotes to author Michael Wolff. More recently, Harder, representing the Trump Campaign, has sued the NY Times, the Washington Post and CNN over various articles (often opinion pieces) that portray the President negatively.His latest move, representing Donald Trump's brother, Robert Trump, is to sue Mary Trump, Donald Trump's niece, over her new book that is quite critical of the President. The argument in the lawsuit? That Mary Trump was violating a confidentiality clause that was part of the settlement of a legal dispute over the estate of Fred Trump -- another of Donald's brothers, and Mary's father. It took all of about a day for the judge to reject the lawsuit, basically because Charles Harder messed up the filing.

At the outset, the court finds that the submissions suffer from several improprieties. First, a preliminary injunction is an order obtained by motion in a pending action or special proceeding... The caption utilized refers to a probate proceeding which terminated in 2001 by entry of a decre and is, therefore, non-existent. Consequently, a motion seeking injunctive relief may not be made in that proceeding. To the extent the accompanying petition, bearing the same caption, is supposed to provide the jurisdictional basis for said motion, it cannot do so as that petition is fatally defective.
Beyond that, they picked the wrong forum for this request:
Insofar as the petition seeks a declaratory judgment, this forum is presumptively improper as such relief should be obtained by means of an action in the Supreme Court and not a special proceeding in this court....
Of course, it appears that Harder is planning to just keep going and try again by fixing his mistakes:
Today, the Surrogate's Court ruled that it does not have jurisdiction over the dispute, Harder said in a statement. Therefore, Robert Trump will proceed with filing a new lawsuit in the New York State Supreme Court.
Mary Trump's lawyer, Ted Boutrous, said he hoped that Harder would stop, but recognizing that's unlikely, points out that no court may violate the 1st Amendment by imposing prior restraint and blocking publication of a book that is "core political speech."
Given Harder's history, it seems unlikely that he much cares about the 1st Amendment.

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posted at: 12:00am on 26-Jun-2020
path: /Policy | permalink | edit (requires password)

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Goldman Sachs Created A Font, But You Are Forbidden By Its License To Critique Goldman Sachs Using It

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Even if you find financial news incredibly boring, you will be familiar with investment firm Goldman Sachs. The famed investment bank has a list of purported controversies that rivals some small nations, which will become important in a bit. First, let's focus on this bit of hot news: Goldman Sachs developed its own font!

Goldman Sachs has released its own eponymous font, Goldman Sans, a contemporary sans-serif that garnishes merciless formality with a charming typographic "wink" here and there.
If you want to see what the font looks like, you can see it here. It's... certainly a font? To be honest, it looks clean and fine, but not especially unique. Unlike, say, the license it issues for the use of the font, which it is also giving away for free. Because, in addition to that license stating that Goldman Sachs can rescind the license at its whim -- turning anything created using it into a potential retroactive legal liability -- the license also states that you cannot use Goldman Sans to criticize Goldman Sachs, which is Goldman stupid.
(C)(2)(d) The User may not use the Licensed Font Software to disparage or suggest any affiliation with or endorsement by Goldman Sachs.(E)(2) Further, Goldman Sachs may terminate this License, without notice to the User, for any reason or no reason at all and at any time, completely at Goldman Sachs’s sole discretion.
For a company that has so many controversies listed on its Wikipedia page, it sure is thin-skinned. And given that thin-skinnedness and the fact that the license allows the company to basically make any content created with it infringement at its whim... why in the absolute hell would anyone ever create anything with this font? Like, at all?Other than the myriad of comments in the source article and elsewhere in which folks immediately started using the font to criticize Goldman Sachs, I mean.


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posted at: 12:00am on 26-Jun-2020
path: /Policy | permalink | edit (requires password)

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