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April 05, 2008



Any seasoned observer will find it hard to go beyond the first few words where we quickly discover that Kozinski, CJ, is about to plumb. Next up, “It was a dark and stormy night.”

I have some percipient knowledge about this kind of litigation. The Internet permits vile and considered defamation without any real recourse or remedy. Attempts to discover the real names of anonymous posters who have caused real harm are expensive and generally useless. That is not to say that a substantial plaintiff can bring a lonely poster to his knees.

While this decision might be limited to those few cases where “don’t ask” is at issue, for a litigator, this is a discovery godsend. After all, in a slightly different case, whle Roommates, LLC, likely has no resources, Google might. I’ll sleep better tonight.


Hmm. Kozinski and Easterbrook interpret the same statutes in the same context within a month.

And they come down on different (but reconcilable!) sides?

And I'm with Easterbrook?

I'm going back to the office. It's saner there.


Listen. I've paid no attention to this and don't intend to, but if you can discriminate in who you choose to room with than how can you not be free to advertise those preferences? It seems dumb to me. Not allowing people to be upfront about their preferences makes the rental ad service useless frankly. People will be spending way too much time meeting and talking to people they'd never share their living quarters with.


but if you can discriminate in who you choose to room with


shhhhhhh that will be next



The above story tells of a guy in my hometown that put an ad to rent his apartment and added this at the end.

"Well suited for professional adults"

Now he's been in court for 4 years accused of discrimination by fair housing.

I'll admit there is subtle discrimination against families with children in this beach community, this case is a joke.


That is preposterous. To say something is particularly suited to one class of potential renters, is not in any way to discourage others who may be interested from renting it. IDIOTIC.


"but if you can discriminate in who you choose to room with"

I do not believe you can, at least when advertising.

I beleive the government, whether it's the Fair Housing Council or another government agency, does review newspaper advertisements for evidence of bias.

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