The Campaign For DA

9.04.2015

Random Friday Morning Thughts




  • If I fire off a draft of a random thought that gets me thinking (and researching), I know what I'll end up writing something which may be for an audience of one: Me. You have been warned. 
  • Sports: (1) Despite the close final score of 23-17, TCU shouldn't be worried about last night's performance, (2) TCU should be worried that QB Trevone Boykin is going to get injured if they keep letting him get exposed, (3) Or Boykin needs to learn to get down. Given the choice of two more yards and getting killed or dropping like a rag doll, I'd tell my star QB to drop like a rag doll, (4) Two Baylor players were suspended for today's game so you don't have to tell me about it, (5) Michael Irvin's math at the the Cowboy's Opening Banquet as well as "closing" the preseason last night were golden. I'll try to find links for it. 
  • Someone always writes that I voted for Obama twice, favor gun control, and am pro-choice. Uh, buddy, spend the weekend trying to find where I have ever said that. Unlike saying that marijuana should be legalized (which I have), you may think I've said those things or even implied it, but I've never unequivocally stated it. 
  • Legal disclaimer: There is no cash prize for someone presenting evidence in the next 30 minutes which makes me wish I never wrote the above bullet point. 
  • Get ready, I'm going a little deep . . . 
  • A "revenge porn law" has gone into effect in Texas. (Very Over Simplified: It makes it a crime for Person Two to post a naked picture of Person One even if Person One sent Person Two the photo so long as Person One did so "with a reasonable expectation that it would remain private"). We aren't talking about Person One being able to sue Person Two for money. We are talking about the government making it a crime with possible jail time. Think about this: A guy posting that pic is engaging in "speech". (If he writes something, it is speech. The same is true if he paints a naked picture, or took and saved a photo of someone naked. Or has a photo of someone else and sends it to someone else. All of those examples are "speech" under the constitution. If you don't understand any of this, stop reading.) So does the Revenge Porn law violate his right to Free Speech? The photo in itself is not illegal -- just like Playboy is not illegal. So can the government make it a crime because the person photographed didn't "reasonably believe" it would go public?  Should that even matter? I'm not allowed to repeat your speech just because you thought I wouldn't? What if the law read that it was a crime to describe in words what the photo looked like? Remember, words and photos are both "speech". Let's go further: What if the law read that it was a crime for Person B to reveal to a written fantasy authored by Person A that she sent to Person B when Person A had a reasonable expectation that her writings would remain private?  Man, I love this stuff. 
  • Donald Trump has signed a pledge to not run as a third party candidate and support the GOP nominee regardless of who it is. At first I thought he was caving and acting like a true politician. However,South Carolina requires that type of pledge in order to get on the primary ballot. (Side note: How is that constitutional?) Even if he is doing a bit, he would want that bit to last past the South Carolina primary.
  • I've received the autopsy report of Alan Alverson in the case involving the Police Dog Pepper Shooting. No news in it that hasn't already been released. But I've learned that in addition to the Messenger who has tried to obtain information from Paige Williams, Montague DA, so has Barbara Green of the Bowie News.
  • Open Records abuse rant coming. I'm going in deep again  . . . 
  • I wrote the other day about the  552.108(a)(2) which is the exception law enforcement uses to dodge open records requests. They use it because it has been so wildly interpreted that it is now abused. That exception allows records to NOT be released if: "it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication."  I promise you the following is true: Right now if your local police agency decided to follow you around, photograph you, interview friends and acquaintances, gather your DNA from a restaurant glass, pretend to be someone else on the Internet which caused you to engage in email exchanges, etc. and that "investigation" created 1,000 pages of information, you could never get those records from the police under the Open Records Act because (1) the agency could simply say "we heard there might be criminal activity going on so we were trying to detect it", and (2) you were not convicted or received deferred adjudication probation. 
  • There are criminal penalties for violating the Open Meetings Act, but I don't think there are any criminal penalties for violation of Texas Public Information Act. 
  • Wait? Don't we have dashcam videos and 911 calls typically released to the press within days after an incident and before a case goes to the grand jury? How is that possible?: The agency voluntary releases it and doesn't try to rely on some BS exception. 
  • This day's Random Thoughts are CLOSED.


32 comments:

Anonymous said...

Contrary to conventional wisdom, BG votes Republican in every presidential election, is a member of the NRA and belongs to the National Right to Life Committee.

Anonymous said...

...and you consider this mindful behavior?

Triple Fake... said...

Kind of a broad definition to call a photo "speech", especially if you weren't the one taking the picture (although sometimes that may be the case). Why don't we change it from free speech to free expression, that way it covers more than just what is said.
However, the intent is meaningful, like when someone yells "Fire!" in a crowded theater when there is no fire. The intent is to create panic

Would anybody be surprised, and would his supporters abandon him, if Trump went back on his pledge to not run on a third party ticket?

Anonymous said...

You may have never unequivocally stated that you voted for Barack Hussein Obama, favor control, and defend a woman's right to have her child killed. However, you still appear to be in denial that the content you share and the ridiculing of conservative politicians reveals your political leanings very clearly. Nothing to be ashamed of BG. Man up and own it.

Anonymous said...

Wow, Barry. Extra shot of espresso this morning? You seem particularly hyped up today!

Anonymous said...

I see, once again, you obtained you pics from the websites:


clawmyeyesout.com
putabagoverit.com
whatnomanwantstosee.com
disgustingchics.com

zsleepwalker said...

The law about revenge porn is wrong, in my opinion, if for no other reason than the person sending a naked picture is too stupid to use up good air and needs this hard lesson in consequences for stupid behavior.

Anonymous said...

Nothing about the new "Dancing With the Stars" lineup?

Come on, Barry! Cover the topics that interest ME!!!

Anonymous said...

Yeah, suppose you post a rear-view RTG in which some or all of the buttocks are exposed ("intimate parts" is defined as "buttocks," not "entire buttocks"). You have no idea if that picture was taken with the subject's expectation of privacy.

Then suppose someone else posts "Hey, I know her -- that's Jane Smith!" either as a comment that you somehow approve or even on a completely separate page with a link to your post (such as "sharing" your post on Facebook while identifying the subject of the picture).

Have you committed Unlawful Disclosure or Promotion of Intimate Visual Material?

If so, how can that possibly be constitutional, since you published "speech" and have no notice of either the subject's expectations or the third-party's actions?

Anonymous said...

BREAKING NEWS: Baylor suspends two players for today's game

Anonymous said...

How about those Rangers !

Anonymous said...

Rhome police were on Fox News about their Facebook page. The comments from former Rhome cop, Robert Gillock, about the corruption of the Rhome police and 2 of its council members are scary.

Anonymous said...

If left RTG had right RTG's jugs, we would be cooking with fire. BTW, is that Chelsea Clinton on the right?

Anonymous said...


The pledge that the republican candidates signed really means they will all support Trump. So now they are all saddled with his lunatic positions.

Pure genius by the circular firing squad!

Anonymous said...

How dare you have an open mind and want equal justice for all. Damned liberal Obama lover!

Anonymous said...

I agree with 9:22. You shouldn't make a law to protect a group of dumb-ass people that went crazy with new technology and decided to expose all of their thoughts, deeds, and body parts. Live and learn would be the better way.

Anonymous said...

Wildly Interpreted or Widely Interpreted?

DF National Enquirer Reporter - Enquiring minds want to know!

Anonymous said...

I think your testosterone therapy is working, Barry!!

Anonymous said...

Is the Pledge "the Donald" sign binding in South Carolina...(if he does do it can he be on ticket as third party) if not, he's just playing with us.
It seems simple but don't be sending no naked pictures of yourself to nobody, hell Barry may post it one day!
I think the chick from Kentucky should spend her time in the can reading the Bible, she missed a few chapters like the one on divorce and not throwing rocks and stuff like that.

Anonymous said...

Two Baylor players were suspended for today's game.

mzchief said...

I would think, the moment Person A sends their naked photo to Person B, there is no "reasonable expectation that it would remain private," since Person A willingly gave up their right to privacy by disseminating their naked picture.

Big lesson: NEVER, EVER send naked pictures to ANYONE!

Another lesson intelligent people learn at an early age: If you can't keep your own secrets don't expect/require other people to be better at keeping them, than you.

Turmoil in a Teapot said...

Sooo, after I broke up with my girlfriend, she sent me a pic of her chewing a weiner. This is significant because you see, we participate in the type of love that has no polite name. I mailed that sucker (ha ha, get it?) to everyone I knew not so much as revenge but to show our like-minded friends that said ex is a switch hitter. The question is, did I break some stupid law? If so, good. As always, hail Satan and on with the show.

Anonymous said...

Now I know that Rage and Skippy are the same person. They both say they didn't vote for Obammy but they sure do defend him at every opportunity.

Anonymous said...

Naked pictures flying over the airwaves? Once again a reason that cell phones are killing society. People, pocket your cell phone and go see naked people in person, like God intended!

DF Gypsy Rose Lee

Anonymous said...

Remember this weenies. The law is only sacred when it furthers a liberal value.

Anonymous said...

I guess you were conveniently not listening to The Little Ticket this morning when they brought up the study done that showed Baylor as having the 23rd most intelligent fans of the top 25 football teams? Just above Alabama (25th) and Georgia (24th) Auburn came in 1st and, I believe, TCU was 2nd. At first I was shocked by how low Baylor was, and then I remembered this blog and my internal screaming at every spelling and grammatical error. But, I'm still here every day, bad grammar or not.

Anonymous said...

The new porno law...too much he said she said for most cases to stand up in court, if you ask me. I believe anything you post on the web, including facebook, is free to do with as you please. Why people should be very careful what they post...words & photos.

Anonymous said...

Barry chose a profession where he is a witness to misery and it energizes him. He's not complicated and he voted twice for Obama.

CT said...

Amen, MZ! Never, ever send naked pics of yourself to anyone,,

Anonymous said...

Turmoil, you sound well adjusted. You might be the the least desirable lesbian ever if you're turning them straight. It is good to see you are equally abrasive in all aspects of your life though.

Oh well, at least you didn't call for your ex to be jailed for participating in hetero sex which somehow became illegal in your mind once gay marriage became legal.

Anonymous said...

Thank God MzChief promises never to send us naked pics of herself.

Rage

Anonymous said...

Barry, I've learned from my past comments. All you have to do is point out an issue--such as a person should have a right to CHOOSE whether he or she believes abortion is ok or not--and someone will assume you are in favor of abortion and make a personal attack on you. Add in the Fox News bias against academia and you don't stand a chance if you sign your name...

BU '92
UT '94
TCU TBA

Nevermind if you're a fiscal conservative that has never voted Democrat. The mystical "they" will still assume you're evil if you look at any topic with an open mind.