#Legal Analysis

[shu-of-the-wind]

Okay so I have been asked to cast an eye over SB197 in the WV legislature, which is a new bill introduced to both add a new section to WV law as well as amend an existing section about child neglect and abuse, to see what potential issues I see.

TLDR: this is not only really dangerous from a standpoint of people being trans publicly, since one of the big editions is making being trans a display of obscene material and punishable by law, particularly within school grounds, but I am also seeing a lot of parental rights additions that make me REALLY SCARED of how trans kids are going to be treated in WV. I’m going to go thru it section by section and break down why each section frightens me, so hopefully this is educational for folks.

My creds: I worked in family law as an attorney for three years, I was affiliated with a public defenders office for that same amount of time working primarily with juvenile offenders, and I am still an attorney even if I haven’t worked in those fields for the last six months. Plus I’m trans. And I love WV and wanted to live there. So.

WEST VIRGINIA'S FUN NEW SHITSHOW HORROR HOUSE TIME.

The new section (formally titled §18-5-29, Obscene matter in public schools prohibited [I will be calling it the Obscenity section]) is about 700 words of absolute garbage. Essentially what it distills down to is the following.

Section A: prohibiting anything they label as “obscene matter” in or within 2500 feet of any public school library, classroom, building, or other facility under the supervision of the state board of education and requiring that any school officials or personnel who become aware of the material remove it from school grounds. “Obscene matter” is currently defined in §61-8A-1 of the WV code, pretty fuckin broadly (unconstitutionally so in my opinion but ~that’s me~). So basically anything an “average person applying contemporary community standards would find taken as a whole appeals to the prurient interest or is pandered to a prurient interest” (basically, anything ~unwholesome~), anything that an “average person applying community standards” would find depicts sexually explicit conduct in a “patently offensive way,” or anything that a reasonable person would find “taken as a whole, lacks serious literary, artistic, scientific or political value” which basically means E V E R Y THING.

Section B. This is the one that scares the shit out of me tbqh, cause this is folding in the amendment section I mentioned earlier to another part of the WV code specifically relating to child abuse and neglect. This section mandates that any “school officials or school personnel while engaged in a professional capacity or activity” shall be found to be a “custodian of children” under WV law. This basically makes EVERYONE a mandatory reporter, which like…most professionals already are, but at the same time this is EXPLICITLY MAKING ANYONE WHO WORKS IN THE SCHOOL IN ANY CAPACITY (see: any school officials or school personnel) mandatory reporters regarding “obscene matter.” So if an adult working at the school even SUSPECTS that a child has been exposed to “obscene material “while in any public school facility (unclear from the phrasing if the exposure happened on school property, or if the professional just learns about it there) and they decide not to report it (or they “fail to make a TIMELY report” when there’s no real definition of what timely means) then they can be prosecuted for a misdemeanor and imprisoned.

Section C. The state superintendent is going to establish a procedure to file complaints alleging violations of subsection A. If they find that a violation occurred, they will TELL THE COPS THAT IT HAPPENED.

Section D. No government funds (state or federal) can be used to develop or operate programs “designed to promote or encourage sexual activity, whether homosexual or heterosexual” or “to distribute or aid in distribution of any legally obscene materials” within 2500 feet of a school building or facility. Which, woof. We could unpack everything about that one, but it’ll be most of the review.

Section E. If an adult is found to have committed a felony under the child neglect statute related back to this one (if they’re found to have neglected kids by allowing them to view or possess “obscene material” is my understanding, this bill isn’t written that well) then they will be subject to penalties set forth in a felony, which I’m guessing (on average) is at least a year in jail and a thousand dollar fine, from what I’ve seen of WV felony statutes.

Section F. THIS IS THE OTHER REALLY SCARY ONE TO ME FROM A LEGAL STANDPOINT. “Any student or parent, guardian, or custodian on behalf of a student shall have civil cause of action against a county board, public charter school, state board” if the entity caused or was negligent in allowing a violation of the preceding sections, basically if they let anything slide PARENTS CAN SUE THE SCHOOL which like…if you’re talkin about a trans kid who is not out to their parents, they’re found to have “obscene material” (fanfiction?? Fanfiction could qualify here??? Risque art that isn’t even definitionally pornography?? A book abut transitioning that they’re hiding from their parents???) the school is mandated to not only out this kid to their parents, but the parents can then sue the school if the school DOESN’T OUT THE CHILD. Just spinning a hypothetical here but I hate this.

The rest of the bill is adding in definitions to Article 8A of the WV code, which are as follows. Anything italicized is the new language that has been proposed to be added by the bill; anything NOT italicized was already in the law:

(g) "Graphic," when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.

(h) "Identifiable minor" means a person: (i) who was a minor at the time the visual depiction was created, adapted, or modified; or (ii) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and (iii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature;  and shall not be construed to require proof of the actual identity of the identifiable minor.

(i) "Indistinguishable" used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct.

(i)(l) "Matter" means any visual, audio, or physical item, article, production transmission, publication, display, exposure, exhibition, or live performance, or reproduction thereof, including any two- or three- dimensional visual or written material, stereopticon, moving picture, slide, film, picture, drawing, not exceeding $500 video, graphic, graphic novel, or computer generated or reproduced image; or any book, not exceeding $500 magazine, newspaper or other visual or written material; or any motion picture or other pictorial representation; or any statue or other figure; or any recording, transcription, or mechanical, chemical, or electrical reproduction; or any other articles, video laser disc, computer hardware and software, or computer generated images or message recording, transcription, or object, or any public or commercial live exhibition performed for consideration or before an audience of one or more.

(j)(m) "Minor" means a an person under eighteen years of age or a person representing himself or herself to be a minor. Any prosecution under this article relating to a victim who is representing himself or herself to be a minor shall be limited to investigations being conducted or overseen by law enforcement.

And the big doozy here is this one:

(k)(n) "Obscene matter" means matter that:

(1) An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest, or is pandered to a prurient interest;

(2) An average person, applying community standards, would find depicts or describes, in a patently offensive way, sexually explicit conduct; and

(3) A reasonable person would find, taken as a whole, lacks serious literary, artistic, political, or scientific value.

(4) For the purposes of any prohibition, protection, or requirement under any and all articles and sections of the Code of West Virginia protecting children from exposure to indecent displays of a sexually explicit nature, such prohibited displays shall include, but not be limited to, any transvestite and/or transgender exposure, performances or display to any minor.

(l)(o) "Parent" includes a biological or adoptive parent, legal guardian, or legal custodian. (underlining this one for the legal side note that remember that custodian language from before??? that's where this kicks in)

(m)(p) "Person" means any adult, partnership, firm, association, corporation, or other legal entity.

(n)(q) "Sexually explicit conduct" means a ultimate definitive sexual act, normal or perverted, between persons of the same or opposite sex, actual or simulated, including genital-genital, oral-genital, anal-genital, or oral-anal sexual intercourse, sodomy, oral copulation of any kind, sexual bestiality, sexual sadism and masochism, masturbation, excretory functions and lewd exhibition of the anus, genitals or pubic area of any person, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited.

okay. well.

I mean. This is all just gonna be an absolute garbage hellscape if this gets passed. THE IMPORTANT THING IS IT HAS NOT BEEN PASSED. If you live in WV, you can call folks and say that you are AGAINST the passage of SB197. Call your state or county representatives! They are the people who vote on this! If your representative is on the Judiciary Committee, so much the better, that’s where the bill is being evaluated right now!!! Here is the list of delegates on the committee! Call them!! Make a point to be upset!!! Explain why you don’t want this bill to pass!!! Keep an eye on the Committee website for the dates that the public hearings will be held on this bill, because there likely will be a public hearing people can speak at!! You CAN actually do something, it’s not the end of the world.

Even if you do not live in WV and you live NEAR WV, then 100% reach out to folks you know who live there and give them a safe space to land if they need to get out of the state!!! There are things you can do. Just….a heads up to everyone that this is on the table and it’s something they’re going to be discussing.

[wafflesrisa]

Why “on loan from Red Bull” is not a good thing

As a Daniel girlie who happens to also be a lawyer, I have to say that this is unfortunately a bad thing.

Daniel has an existing contract with red bull with a term of 1 year covering third driver/marketing duties.

As a contract lawyer I’m willing to bet this contract either already includes provisions, or was recently amended to include provisions, covering how Daniel is to be properly compensated if he were to drive any races for red bull or sister teams.

The contract is between red bull and Daniel. This continues to be the case even if Daniel drives for the sister team Alpha Tauri.

So “on loan from Red Bull” doesn’t mean they are considering Daniel for the RB seat. It actually means that Daniel only has the Alpha Tauri seat for the rest of the original term of his Red Bull contract.

It means Daniel only has six months to prove his worth.

[alwaysbewoke]

[perfectlyphil]

A Young Royals Legal Analysis

Here’s my take on the legal side of Young Royals Season 2! I have my legal research so you can see the different thoughts and a basic roadmap/outline of where I started before writing out my legal memorandum. Then I have my legal memorandum so you can just read the analysis and how I applied the law! Please feel free to give me your feedback, thoughts, and comments (Although it’s probably best if you sent your thoughts and feedbacks to me at @perfectlyphil on Twitter)

Enjoy!

https://drive.google.com/drive/folders/1d69R5ldLdyOXcgAy2Tj5s0cVZ_79ZPCE?usp=drive_link 

Disclaimer: None of my legal analysis takes into account any possibilities of appeal. The laws that I have also used in both my research and memo are official government translations from the Swedish government website, or I relied on Google Translate or Deepl. Finally, I am not Swedish nor have I studied law in Sweden, so my analysis might be a little different since I’ve been trained and studied in common law jurisdictions. 

[grits-galraisedinthesouth]

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RachelKing #Ambush #Jealousy #ShadowOfJealousy #YouTube #Video #Top20 #Ranking #Hashtags #Unveiling #Drama #Mystery #Thriller #Suspense

Unveiling Rachel King's Ambush: The Shadow of Jealousy

In this exclusive video, we delve deep into the scandalous ambush orchestrated by Rachel King, exposing the dark shadow of jealousy that lurks within her. Watch as we uncover the truth behind the intricate web of deception and betrayal. Don't miss out on this gripping tale of envy and revenge. Subscribe now for more shocking revelations and behind-the-scenes drama. Stay tuned as we unravel the mystery of Rachel King's ambush and confront the demons of jealousy that haunt her every move. Join us on this thrilling journey as we shine a light on the dark side of ambition and rivalry. Who will emerge victorious in this epic showdown of emotions? Don't miss out on the must-see event of the season.

Like, comment, and share this video to spread the word about Rachel King's ambush and the shadow of jealousy that looms over her. Let's dive deep into the heart of this gripping saga and uncover the truth behind the mask of envy. Subscribe now for exclusive updates and bonus content. Don't miss out on the drama unfolding before your eyes.

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Thanks for watching don't forget to subscribe and like :) Video Title: Rachel King's Ambush: Unveiling the Shadow of Jealousy#RachelKing This episode of "The Real Crime Diary" delves into the harrowing murder-for-hire case of Rachel King, a beloved Philadelphia teacher, ambushed in a drive-thru with her son present. We explore the intricate web of jealousy, meticulously planned by Julie Jean and Zakkee Steven Alhakim, culminating in Rachel's tragic demise. Through interviews and analysis, we uncover the motivations, the investigation's twists, and the community's heartbreak, offering a tribute to Rachel's life and examining the impact of jealousy-driven violence. https://youtu.be/GlCqGQ-QGHQ

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[lawwiser2023]

India's first video-only legal knowledge platform

Simplifying laws for businesses

LawWiser is an online platform that creates videos on corporate and commercial laws, including business laws in India, start-up funding, contract law, etc. It brings the latest update that provides information on laws that impact business and helps create awareness of corporate and commercial laws in India.

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[poorly-drawn-mdzs]

My Lawyer is going to Get Your Ass.

[First] Prev <–-> Next

[clownowo]

I think that if Miles Edgeworth were to ever have a Tumblr blog it would be entirely Steel Samurai based with a carefully organized tagging system. He posts lengthy formally worded analysis about Steel Samurai and nothing else. He doesn't check his notes. He does check his asks, because they're kind of like emails. He has anon asks and dms turned off. Someone sends an ask about his interests outside of Steel Samurai and he immediately blocks them. He doesn't have pronouns or a name to be called by in his bio. The only hint about Edgeworth's personal life is that when he refers to the death of Jack Hammer or the conviction of Matt Engarde he only refers to Phoenix as "that man".

Maya definitely has a tumblr and it has a canon Pink Princess url. She actually hoarded a bunch of Pink Princess urls long before the character was officially announced because she knew she needed to have them. Her tumblr header is "the real pink princess ask sal manella". Her pinned post has these

[ID: Two blinkie banners. The first has a lesbian flag background and says "Pink Princess is canonically gay." The second is light pink and says "PinkSteel shippers dni". End ID] (thank you @princess-of-purple-prose)

Maya follows him and sends Edgeworth asks periodically. He thinks she's a wonderful conversationalist. He has no idea of her identity. Maya is fully aware he's Edgeworth.

[the-cat-and-the-birdie]

'Miguel is cold and angry and-'

That is the face of a man dedicating all of his mental energy to not caving into the catastrophic cuteness he is enduring.

He can't even look at her. Hes stopped speaking. Lost his train of thought. SO FOCUSED ON NOT GIVING IN CAUSE SHE'S SO CUTE

she's trying sooo hard to get him to look at her cause she's like 'He won't be able to resist playtime LOOK AT ME MIGUEL'

She came right to him even before she came to Hobie. She sees her dad going to Miguel's lair and she comes swinging him towards him cause it's TIME TO PLAY OMG

Like look at this!!!

Mayday swings in and starts climbing on the ceiling (in Miguels direction). Peter follows her up there, puts her in the carrier, and she falls out.

He catches her - but remembers the photos. So he puts her down to go show Gwen & Miles -

AND THE NEXT TIME WE SEE MAYDAY tWO SECONDS LATER LOOK WHERE SHE IS

She's already up there, chilling, all comfortable

He's not even trying to take her off he's like I NEED to focus.

She wanted to play with Miguel the second they walked in and as soon as her dad put her down she was like IM CLIMBING ON THE GIANT ISNT THAT CUTE

he probably plays with her all the time but this one time he's like MAYDAY PLEASE JUST LET ME DO THIS trying to keep it together in front of Miles

CAUSE

EVEN AFTER MIGUEL WAS YELLING AND TOLD PETER TO STAY BACK SHE DOES THIS WHEN HE WALKS OUT THE ROOM Like...

Look at how she's looking at him as he walks away even after everything she doesn't see him as scary🥺 She likes being around him

More Migs and Mayday please

[grits-galraisedinthesouth]

American Attorneys who break the law! No worries about that Hollyweird strike because American politicians have it all covered. It is entertaining to watch Attorney Robert Gouveia breakdown this poop show.

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