Columns, Constitutional Law, Free Speech, Politics, Society

“This is My Place of Business”: How Cakes and Coffee Continue to be Groundzero in an Age of Rage

Below is my opinion on recent incidents involving customers being forced out of businesses due to their political views or associations. There is a crushing irony for some who supported efforts to force businesses to prepare products from cakes to websites despite religious and political objections. In these cases, the owners were refusing to offer the same services (not expressive products) that they offer other customers.

Here is the column: Continue reading ““This is My Place of Business”: How Cakes and Coffee Continue to be Groundzero in an Age of Rage” →

Columns, Free Speech, Politics, Society

Assassination Sing-a-Long: Hasan Piker Mocks the Murdered Charlie Kirk to Cheering Crowd

We have seen protesters on the left around the country mocking the assassination of Charlie Kirk, even reenacting his murder. Hate traffickers like Jennifer Welch have even justified his assassination. It is all shocking and depressing, but none reached the level of Hasan Piker leading a huge crowd in mocking Kirk and his faith. Before he was murdered, Kirk debated Piker and called him a “socialist hypocrite.” What is shocking is not the utter depravity and cruelty of Piker, but the ecstasy of the crowd in relishing the death of someone with opposing views. It is part of the conditioning in an “age of rage.”

Continue reading “Assassination Sing-a-Long: Hasan Piker Mocks the Murdered Charlie Kirk to Cheering Crowd” →

Media, Politics, Society, Torts

“I Hope it Gives a Really Good Lesson Going Forward”: Rahil Prakash and the License to Lie

In this political season, there is one question that needs no poll: Rahil Prakash is a liar. The other thing we know is that he will likely get away with spreading fake polling results. Lies can be protected speech under the First Amendment and, while Prakash would not likely want to take a popularity poll, he is unlikely to face legal consequences for his “short-term social experiment.” Continue reading ““I Hope it Gives a Really Good Lesson Going Forward”: Rahil Prakash and the License to Lie” →

International, Torts

Azerbaijan Sues CNN Over Story on Cooperation with Israel in War on Iran

There is a novel (and highly dubious) lawsuit filed in Delaware by the nation of Azerbaijan against CNN for a story claiming that it was cooperating with Israel in attacks on Iran. Republic of Azerbaijan v. CNN, Inc. borders on the legally frivolous, but it is likely politically advantageous to show Iran that it contests the allegations. Continue reading “Azerbaijan Sues CNN Over Story on Cooperation with Israel in War on Iran” →

Criminal law, Politics

Anthony Seeks New Trial as Talarico and Others Raise Case in Texas Election

Karmelo Anthony is seeking a new trial in Texas as tensions increase over the conviction for the murder of Austin Metcalf. The criminal case was not a difficult one for the prosecution with overwhelming witness and video evidence of the stabbing. Anthony’s motion for a new trial is extremely weak, in my view, because it focuses on his decision not to testify (despite a record showing he made that decision knowingly and freely). At the same time, the case is now becoming a political issue with Democratic senatorial nominee James Talarico declaring that the case “prove[s] this system is not working for black Texans.” Continue reading “Anthony Seeks New Trial as Talarico and Others Raise Case in Texas Election” →

Constitutional Law, Courts

Fourth Circuit Strikes Down South Carolina’s Restrictions on Absentee Ballots under the 26th Amendment

This week, the Fourth Circuit issued a major ruling striking down South Carolina’s limits on absentee ballots. The relatively novel basis of this opinion (by Judges Roger Gregory, Judge Pamela Harris,  and Judge Julius Richardson) was that it violated the 26th Amendment as discrimination on the basis of age for voters. The opinion conflicts with rulings in other circuits and, in my view, is challengeable.

Continue reading “Fourth Circuit Strikes Down South Carolina’s Restrictions on Absentee Ballots under the 26th Amendment” →

Academia, Society

“Difference, Power & Oppression”: OSU Requires Students to Take Courses on How to “Disrupt” the “Systems of Oppression” in the United States”

As many criticize higher education for pursuing indoctrination over education, Oregon State University (OSU) appears to be doubling down on a mandatory woke curriculum. The university is under fire for its mandatory undergraduate courses on “Difference, Power & Oppression” (DPO). Much of the rhetoric on the university’s website reads more like the platform of the Democratic Socialists of America (DSA) than an institution of higher education. Continue reading ““Difference, Power & Oppression”: OSU Requires Students to Take Courses on How to “Disrupt” the “Systems of Oppression” in the United States”” →

Congress, Criminal law, Politics

FBI: Swalwell Did Admit to Sleeping with Alleged Chinese Spy and May Have Received Illegal Foreign Contributions

We all recall Bill Clinton’s infamous declaration that “I did not have sexual relations with that woman, Ms. Lewinsky.” One of his supporters, disgraced former Rep. Eric Swalwell (D., Cal.), now has his own “that person” moment. FBI material released this week shows that Swalwell admitted to what he refused to admit publicly: he did have sex with “that person.” Moreover, the material confirms that he not only enabled Fang Fang, an alleged Chinese spy, in pushing foreign interns for his office but may have received illegal foreign contributions. What is most striking about this report is that Nancy Pelosi was briefed on this information and still refused to remove Swalwell from the House Intelligence Committee. Continue reading “FBI: Swalwell Did Admit to Sleeping with Alleged Chinese Spy and May Have Received Illegal Foreign Contributions” →

Constitutional Law, Politics, Religion, Society, Supreme Court

Browbeaten: Woman Forced Out of Virginia Salon Over Her Support for Israel

There is a disturbing controversy in Northern Virginia where Jessica Walton alleges that she went to Karimi Salon in Alexandria to get her eyebrows trimmed, only to be pushed out of the salon after the owner, Fatana Karimi, learned that Walton is Israeli. The incident raises a prior issue discussed on this blog: the right of business owners to refuse service based on political or religious beliefs as a matter of free speech. Walton posted a full account and a video on social media. Karimi, however, may not have a constitutional claim to defend against a discrimination complaint. Continue reading “Browbeaten: Woman Forced Out of Virginia Salon Over Her Support for Israel” →

Columns, Politics, Society

For the American Left, Nothing Succeeds as Much as Failure

Soviet-style poster of a woman holding an ermine with red star, gears, and wheat in background

Below is my column in The Hill on the familiar bust-and-boom cycle of socialism, where failure is used to call for even more radical changes. While House Minority Leader Hakeem Jeffries this week reaffirmed that Democratic Socialists are part of the Democratic Party, radical figures are demonstrating how extreme this agenda is for some. For example, Socialist State Assemblywoman Emily Gallagher has declared that stealing should be legal for those in need. If socialism takes hold in New York, many will indeed need five-finger discounts in the Big Apple.

Continue reading “For the American Left, Nothing Succeeds as Much as Failure” →

Congress, Constitutional Law, International

Israel Careens Towards Elections as Radicals Again Play Oversized Role in a Flawed Parliamentary System

As Israel moves toward one of the most impactful elections in its history, radical groups and voices are again using their oversized influence in what I have long argued is a flawed parliamentary system.  The current elections and fragile coalitions, in my opinion, highlight the system’s inherent vulnerabilities. Some of my Israeli friends disagree with me on the parliamentary system and point to our own tensions. It is certainly true that both our major parties can be captive to the more extreme groups due to the need for candidates to win primaries. However, I believe structural problems remain in the Israeli system.

Continue reading “Israel Careens Towards Elections as Radicals Again Play Oversized Role in a Flawed Parliamentary System” →

Congress, Constitutional Law, Politics, Society

Poll: Almost 60 Percent of Democrats Have a Favorable View of Socialism

Recent polls show steady growth in support for socialism among Democrats. A new CBS poll shows how popular it is, with 58 percent holding a positive view of socialism—26 points more than the 32 percent with a positive view of capitalism. This may explain why House Minority Leader Hakeem Jeffries, while rejecting core parts of its platform, embraced Democratic Socialists this week as part of the Democratic Party. In addition to a variety of anti-Semitic figures within its ranks, the DSA wants to get rid of the presidency, the Senate, the Supreme Court, and other institutions (as well as borders, immigration enforcement, and much of private property). Yet, Jeffries still believes they share values and wants them to be part of the Democratic party. In other words, there are many “fine people” in the DSA despite being committed to the destruction of our core institutions.

Continue reading “Poll: Almost 60 Percent of Democrats Have a Favorable View of Socialism” →

Columns, Politics, Torts

“Putting my Hand on Your Heart”: Former Senator Kyrsten Sinema Accused of “Alienation of Affection”

Former U.S. Sen. Kyrsten Sinema is continuing to challenge the lawsuit brought by the wife of her former security guard and lover, Matthew Ammel. Sinema has admitted to having an affair with Ammel while she was the Democratic senator from Arizona. Heather Ammel’s lawsuit alleges the tort of alienation of affection, an action many may find outdated in our more open or indulgent culture. I start teaching my torts class this week, and the alienation tort remains a controversy at the intersection of tort and constitutional law. Continue reading ““Putting my Hand on Your Heart”: Former Senator Kyrsten Sinema Accused of “Alienation of Affection”” →

Politics

Report: Newsom’s High Speed Train to Nowhere is Not Arriving Anytime Soon

California Gov. Gavin Newsom has been frantically trying to restart a presidential campaign that appears moribund, with polls showing him losing in some states to figures such as Pete Buttigieg and Alexandria Ocasio-Cortez. In his absence, his multibillion-dollar high-speed train also seems to be going nowhere fast. A new report from the state inspector general revealed that the train will be delayed again and that the public is being kept in the dark about ongoing problems with Newsom’s signature project. Oh, and one more thing: the project will run out of money by December 2027.

Continue reading “Report: Newsom’s High Speed Train to Nowhere is Not Arriving Anytime Soon” →

Congress, Courts

Rage Politics: Hakeem Jeffries Will Take a Baseball Bat to the Supreme Court

House Minority Leader Hakeem Jeffries has struggled to pander to the mob to secure power in the midterm elections, including brandishing a baseball bat on social media to show his radical bona fides. With Democratic Socialists chanting “you’re next” when seeing Jeffries, he continues to struggle to stay in front of the mob. This week, he doubled down on his pledge to throw the Supreme Court to the mob if they make him the next Speaker of the House of Representatives. Continue reading “Rage Politics: Hakeem Jeffries Will Take a Baseball Bat to the Supreme Court” →