Congress, Constitutional Law, Free Speech

Congress is Set to Expose What May be the Largest Censorship System in U.S. History

Below is my column in the Hill on the first hearings this week to be held by the Select Subcommittee on the Weaponization of the Federal Government. It could be one of the most consequential investigations for free speech in decades if it pulls back the curtain on government censorship programs. After the historic release of the Twitter Files by Elon Musk, questions remain on any similar coordination with other social media companies with federal agencies like the FBI to target views considered “disinformation” or “misinformation.”

Here is the column: Continue reading “Congress is Set to Expose What May be the Largest Censorship System in U.S. History” →

Constitutional Law, Courts, Criminal law, Justice

“The Framers Weren’t Perfect, but They Weren’t Fools”: Biden Administration Loses Another Gun Rights Case

We recently discussed the ruling of the United States Court of Appeals for the Fifth Circuit striking down a ban on gun ownership by individuals accused of domestic abuse. Now, U.S. District Judge Patrick Wyrick in Oklahoma City dismissed an indictment against Jared Michael Harrison for violating a federal law that makes it illegal for “unlawful users or addicts of controlled substances” to possess firearms. It is only the latest such loss for the Justice Department as the Biden Administration pushes sweeping rationales for limiting Second Amendment rights in the wake of last year’s ruling in New York State Rifle & Pistol Association v. Bruen.

Continue reading ““The Framers Weren’t Perfect, but They Weren’t Fools”: Biden Administration Loses Another Gun Rights Case” →

Academia, Free Speech

Survey: Many MIT Faculty Fear Speaking Freely While Students Support Barring Speakers with Opposing Views

There is a fascinating and chilling survey on the state of free speech at the Massachusetts Institute of Technology (MIT). The newly released Foundation for Individual Rights and Expression (FIRE) survey shows a growing fear among faculty over their ability to speak freely in classes or other forums on campus. Conversely, a majority of students believe that it is acceptable to shout down or block speakers who hold opposing views. The survey captures the downstream impact of students who have been taught in their primary, middle, and high school educations that speech is harmful and preventing free speech is a noble and necessary action.

Continue reading “Survey: Many MIT Faculty Fear Speaking Freely While Students Support Barring Speakers with Opposing Views” →

International, Torts

Calling Abbe Lowell: The Chinese Make Familiar Claim Over Mysterious Balloon [Updated]

Various intelligence and defense figures including former Defense Secretary Mark Esper have suggested trying to capture the Chinese surveillance balloon to analyze its equipment and any content. China admits that this may be its balloon but denies that it is used for surveillance. It says that it was lost accidentally due to weather. So the balloon may be ours but it was lost. However, the government is likely to oppose anyone collecting or using information from the balloon. That sounded vaguely familiar. Indeed, Abbe Lowell may have a new client (Indeed, a client with past dealings with his current client, Hunter Biden).

Update: After the United States shot down the balloon, China appeared to send out a Lowell-like message that “China will resolutely uphold the relevant company’s legitimate rights and interests, and at the same time reserving the right to take further actions in response.”

Continue reading “Calling Abbe Lowell: The Chinese Make Familiar Claim Over Mysterious Balloon [Updated]” →

Society

Buzz Kill: Critics Shrug as Musk Wins Major Victory in Court

For months, media has been relishing the investor lawsuit against Elon Musk, who became persona non grata when he moved to restore free speech protections on Twitter. Coverage spoke of Musk losing billions in the lawsuit while others speculated that Musk might be “setting himself up to lose Tesla.” Not yet. Not only are stock prices up for Tesla, but Musk just won a unanimous verdict in the investor trial. The reaction to the trial has been a shrug from critics as they continue to try to hammer Musk into submission. It does not appear to be working.

Continue reading “Buzz Kill: Critics Shrug as Musk Wins Major Victory in Court” →

Constitutional Law, Supreme Court

Bruen 2.0? Fifth Circuit Rules Against Biden Administration on Barring Gun Possession in Domestic Violence Case

There is a major ruling this week in the United States Court of Appeals for the Fifth Circuit where a three-judge panel ruled unanimously in United States v. Rahimi that the federal bar on gun possession for individuals under a domestic violence restraining order violates the Second Amendment. The opinion is most notable for its exploration of the historical analogues supporting the rule, as required under New York State Rifle & Pistol Association, Inc. v. Bruen. The case also relied on a dissenting opinion in an appellate case, Kanter v. Barr, by then Judge Amy Coney Barrett, which I discussed during her nomination.

Continue reading “Bruen 2.0? Fifth Circuit Rules Against Biden Administration on Barring Gun Possession in Domestic Violence Case” →

Columns, Criminal law, Media

“Dirty Political Trick”: Hunter Biden Calls for Criminal Investigations of Critics and Media

Below is my column in the New York Post on the letters sent by Hunter Biden’s lawyer Abbe Lowell calling for criminal investigations, the removal of tax exempt status, and other measures targeting critics and media. It also appears to confirm that the laptop is indeed Hunter’s. However, the next day, Lowell told NBC “These letters do not confirm Mac Isaac’s or others’ versions of a so-called laptop.” It is a curious position when asking for criminal investigations like asking police to look for people who may or may not have stolen a car that may or may not be yours. The defamation and privacy claims suggested in the letter are dubious and ill-defined. However, Hunter is apparently asking for money to pay for his high-priced legal team. It is not clear if these donations would also be used to fund his cruel and craven effort to prevent his daughter from using his surname. Nevertheless, Hunter is outraged that the computer that he abandoned has been used for what his lawyer calls “this failed dirty political trick.”

Here is the column: Continue reading ““Dirty Political Trick”: Hunter Biden Calls for Criminal Investigations of Critics and Media” →

Academia, Free Speech

Wisconsin Survey Finds Almost 60 Percent of Students Fear to Speak Openly in Class

A new survey of students at the University of Wisconsin found that almost sixty percent of students are afraid to share their opinions in class due to the intolerance on campuses today. It is only the latest such poll on how the orthodoxy and intolerance of higher education is having a chilling effect on student speech and class discussions. Notably, this is almost identical to earlier polling at other schools.

Continue reading “Wisconsin Survey Finds Almost 60 Percent of Students Fear to Speak Openly in Class” →

Academia, Columns, Criminal law

“All Clear”: How the FBI Handling of the Biden Investigation Could Make Things Difficult for Hur

Below is my column in the New York Post on the latest developments in the Biden classified document investigation. The latest search occurred on the first day at the office for Robert Hur as Special Counsel. He may find that any potential criminal case has already been made more difficult by decisions by the FBI.

Here is the column: Continue reading ““All Clear”: How the FBI Handling of the Biden Investigation Could Make Things Difficult for Hur” →

Academia, Columns, Criminal law

Delawhere? The Justice Department Remains Silent on Curious Omission from Searched Locations

Below is my column in Fox.com on the current status of the investigation into the Biden classified documents. The search of the Rehoboth Beach residence did not find classified material. The search, however, raises the question of a massive amount of Biden material held at the University of Delaware. Biden has pledged to be “very transparent” but continues to block any public or press access to this material.

Here is the column:

Continue reading “Delawhere? The Justice Department Remains Silent on Curious Omission from Searched Locations” →

Media, Politics

“Objectivity Has Got To Go”: News Leaders Call for the End of Objective Journalism

We previously discussed the movement in journalism schools to get rid of principles of objectivity in journalism. Advocacy journalism is the new touchstone in the media even as polls show that trust in the media is plummeting. Now, former executive editor for The Washington Post Leonard Downie Jr. and former CBS News President Andrew Heyward have released the results of their interviews with over 75 media leaders and concluded that objectivity is now considered reactionary and even harmful. Emilio Garcia-Ruiz, editor-in-chief at the San Francisco Chronicle said it plainly: “Objectivity has got to go.”  Continue reading ““Objectivity Has Got To Go”: News Leaders Call for the End of Objective Journalism” →

Academia, Columns

Captives or Consumers? Public Education Could Be Facing a Major Change

Below is my column in the Hill on moves by some states to create greater choice and control for parents over the education of their children. The move to use funding to change the status quo could soon be used in higher education. Not only are alumni beginning to withhold contributions to schools with little or no diversity or tolerance on their faculties, but states could reduce their levels of support.

Here is the column: Continue reading “Captives or Consumers? Public Education Could Be Facing a Major Change” →

Criminal law

Pro-Life Father Acquitted in Trial Over Abortion Clinic Confrontation
Thomas More Society

Mark Houck, 48, was acquitted yesterday in a high-profile prosecution by the Biden Administration under the Freedom of Access to Clinic Entrances (FACE) Act.  Houck was accused of pushing a Planned Parenthood escort during a clash outside an abortion clinic. It is a rare victory for Houck and the Thomas More Society (which represented Houck) under the act. Houck insisted that he was trying to protect his twelve-year-old son in the encounters with Love. There is also an interesting wrinkle in the jury deliberations. Continue reading “Pro-Life Father Acquitted in Trial Over Abortion Clinic Confrontation” →

Uncategorized

Res Ipsa Hits 67,000,000

crowd vj dayLast night, Res Ipsa passed the 67,000,000 mark in views on the blog. We have used these moments to give thanks for our many regular readers around the world and share our traffic data to give you an idea of the current profile of readers around the world. We do not have a running data page so these periodic postings allow our community to see the traffic profile of our blog. So let’s get at it. Continue reading “Res Ipsa Hits 67,000,000” →

Academia, Criminal law, Politics

Does the “Word of a Biden” Extend to the Biden Delaware Documents?

Below is my column in the New York Post on the pledge of transparency by President Joe Biden in the classified documents scandal. Yesterday, President Biden assured the public that it could take “the word of a Biden” on their bright future. That would be more reassuring if he would fulfill his pledge to be “very transparent” on his storage of documents from his time as senator and vice president.

Here is the column:

Continue reading “Does the “Word of a Biden” Extend to the Biden Delaware Documents?” →

Res ipsa loquitur – The thing itself speaks