"[t]he panel has unanimously voted
to deny the petition for panel rehearing. Judge Berzon has
voted to deny the petition for rehearing en banc, and Judges
Tashima and Timlin recommend denial.
The full court has been advised of the petition for rehearing
en banc, and no judge of the court has requested a vote on the
petition for rehearing en banc. Fed. R. App. P. 35(f)."
" The petition for rehearing and the petition for rehearing en
banc are DENIED.
No further petitions for rehearing or rehearing en banc may
be filed." OPINION''
"Political language is designed to make lies sound truthful and murder respectable, and to give the appearance of solidity to pure wind." ~George Orwell
Supreme Court Of U.S. criticizes the District Court for its attempt to change the rules “at the eleventh hour” to treat “this high-profile trial” differently contrary to federal statutes and policy.
Chief Judge Alex Kozinski of the Court of Appeals for the Ninth Circuit issued an order allowing for real-time broadcasting to five federal courthouses, but did not address broadcasting the trial online due to technical difficulties encountered by the District Court staff. In a per curiam decision, the Supreme Court held that the revision of the local district rule did not follow procedures designated by federal law
He admits using the computer to research a legal split in the Ninth he opposed from his server in the article he wrote called Don't Split the Ninth Circuit. The files Kozinski was using are found here.
This shows that Judge Kozinski knew the general public could retrieve specific material from that directory, and in at least that case he invited the public to do so.
Alex Kozinski was also hand-picked to decide case 04-50189, U.S. v Sutcliffe, a watershed, "sea change" case in the law of Internet jurisdiction, affecting millions of Americans lives and freedoms. How ironic Kozinski's decision in that case now could land him in prison (MP3) under his own "circumstantial inference rejection."
During oral arguments in case 04-50189, where jurisdiction had yet to be ruled on, Judge Alex, Stephen S. Trott, and the ringer they brought in from out of state to "visit," who by the way knew nada about computer MAC address,FTP or IP address, Monroe G. McKay; to induce a little, good ol' days "nostalgia about telephones," just to help them conjure up and invoke jurisdiction to obtain the power to "shut down" the Internet. Which conveniently ignores law which requires specific intent and proof the accused transmitted, i.e., "loaded/posted" the offending speech being called illegal. McKay and company prefers to use "circumstantial" evidence as a standard to convict Citizens. Listen here.
A step-by-step pictorial depicted a woman shaving her pubic hair and other images showed masturbation and what one news paper called "contortionist sex."
The images were posted to a sub domain of the judge's web site that could only be accessed by directly typing in the correct URL. The domain, however, was not password-protected. In addition to the pornographic images, the sub domain contained legal writings, music files and the judge's personal photos.
Kozinski said he thought some of the photos were "funny" but acknowledged that the photo of the women painted as cows was "degrading" and "gross." He said, however, that he didn't think the images were obscene.
Another site reported that there was a folder "which included a photo of naked women on all fours painted to look like cows and a video of a half-dressed man cavorting with a sexually aroused farm animal.
Some of the material was inappropriate, he conceded, although he defended other sexually explicit content as 'funny.'
"The sexually explicit material on the site was extensive, including images of masturbation, public sex and contortionist sex. There was a slide show striptease featuring a transsexual, and a folder that contained a series of photos of women's crotches in snug-fitting clothing or underwear."
Contemptible police tactics - Cops raid the home of a licensed medical marijuana provider in Washington, handcuff the fourteen year old son and put a gun to his head, and search the nineteen year old daughter and take the contents of her mickey-mouse wallet.
How To Survive Traffic Stops in America, Submit, Instantly! - What the cops want is immediate obedience and submission. Many cops are ex-military and view the civilian motorists of America about like they viewed the hapless peasants of Iraq and Afghanistan, that is, with contempt, not as fellow citizens deserving of civility and respect. It is a possibly lethal mistake to do anything other than submit, instantly and obey! Or be ready to shoot first. But aim high.