Have a drink with: Fanny Hill
Grin grin, wink wink, say no more?
Ask her about: Sex and the (eighteenth-century) city
My friend Dan Klau, who writes a wonderful appellate law blog at Appealingly Brief, and who also just launched a government-accountability site at CT Good Governance – because transparency is very cool – recently posted this link about Ted Cruz’s advocacy as solicitor general in support of a Texas state law outlawing the sale or promotion of sex toys.
In 2007, Cruz and his team prepared a 76-page brief to the 5th Circuit, arguing to uphold the Texas statute and claiming in part that “‘any alleged right associated with obscene devices’ is not ‘deeply rooted in the Nation’s history and traditions.’”
I’ve got news for Ted: few things are a more consistent and popular part of the Nation’s history and traditions than alleging rights in the obscene.
Don’t believe me? Just ask the U.S. Supreme Court about Fanny Hill.
Have a drink with: The All Writs Act
Ain’t no party like a statutory party, because a statutory party
is subject to judicial review.
Don’t give it: your iPhone passcode
Beginning with the iOS8 version of its operating system, Apple has used encryption that makes it impossible for anyone but the user to access the passcode-protected information on their iPhone. Yesterday, a California district court issued an order asking Apple to create a bypass by which the FBI could access information on a recovered iPhone linked to the December shootings in San Bernardino, citing the All Writs Act – a piece of legislation derived from the Judiciary Act of 1789 – as legal basis.
In an open letter Apple has opposed the order, citing the integrity of its customer relationships and the sanctity of customer information.
This is fascinating, and on the bleeding edge of technology, privacy, law and communication as they intersect in the 21st century. But in the meantime, wait: did that say 1789? Are we really going after an iPhone with a muzzle-loader?
Have a drink with: The Gordon Rioters
Angry Protestant mob, muse to Charles Dickens
Ask them about: Looting, pillaging, using the word “popery” without laughing. (Try it: popery popery popery.)
“If they touch my work that’s a part of so many laws, what becomes of the laws in general, what becomes of the religion, what becomes of the country!”
You wouldn’t be wrong to wonder if this quote came out of Indiana in recent weeks, or perhaps Arkansas, in the face of debate over whether founding concepts of religious liberty could in fact literally be discussed over pizza. But in fact the quote is from Charles Dickens’ neglected novel Barnaby Rudge, in which a panicky hangman frets over religious freedom laws in 18th century England.
Dickens took his story from the events of June 1780, in which Protestants gathered with Lord George Gordon to march on Parliament and there present a petition for the repeal of Catholic relief legislation. The crowds grew and surged as they moved, and a week of “No Popery” violence broke out in London, requiring some 12,000 troops to restore peace.
Have a drink with: Captain William Kidd
Privateer, man of song and legend, unwitting pirate?
Ask him about: the tabloid trial of the (18th) century!
William Kidd, a merchant captain and commissioned privateer, was tried and executed in 1701 for throwing away the king’s commission to turn pirate in the Indian Ocean. Not 25 years later, Captain Kidd was renowned in England as the man “whose publick Tryal and Execution here, rendered him the Subject of all Conversation, so that his Actions have been chanted about in Ballads.”*
To the end Kidd denied he’d been a pirate, and lamented a perfect storm of mutiny, betrayal and scapegoating.
So: birth of a pirate king, or a complete bus-chuck?