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Thursday, March 01, 2007 

Only in a Posner Case...

I was doing some reading for my Media Law class this morning and came across Haynes v Alfred A. Knopf, Inc., 8 F.3d 1222. This is a Seventh Circuit case from 1993. Nicholas Lemann wrote a book about sharecropper migrations from the 40's to the 70's. He discussed the socioeconomic troubles they faced generally, but he also specifically told the story of one woman's hardships. In the course of telling the story, some shaddy details about the woman's ex-husband came to light (drinking, adultery, unstable employment, etc). He sued for libel and invasion or privacy. He lost.

The best part about the case is that Judge Richard Posner was at the pen. Two lines in particular jumped out at me...
"Although it is well known that every human being defecates, no adult human being in our society wants a newspaper to show a picture of him defecating."
And...
"Entering one's bedroom with a bottle in one hand and a cigarette in the other is not foreplay."
You may need a little more factual background to get the context of the second one. It's pretty funny on its own though. Posner should write every case for every court in the country. It would make my reading for class much more enjoyable.

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