Fake News or Viewpoint Discrimination: Can the President Ban Disfavored Media?

The Trump Administration is rushing to prepare for a fight that few knew was coming after President Donald Trump banned Politico, CNN, and MS NOW from the White House for spreading “fake news.” I understand the President had been planning this step for over a year, but he announced it with little notice to his staff. What will follow could be one of the most consequential fights over press rights in decades… and the odds are against the President. Continue reading “Fake News or Viewpoint Discrimination: Can the President Ban Disfavored Media?”

Unpacking the Narrative: The Supreme Court Remains a Court of Consensus

Below is my column in the New York Post challenging the narrative of the Supreme Court as hopelessly ideologically divided. As the Court heads into the October Session, it remains a court of consensus on the vast majority of cases. While this false narrative is central to the push to pack the Court, the statistics belie the claims of critics.

Here is the column: Continue reading “Unpacking the Narrative: The Supreme Court Remains a Court of Consensus”

Palestinian Activist Defaces Churchill Statue and Boasts About it in Court…British Jury Finds Him Not Guilty

Winston Churchill, an avid painter, always said that “audacity” is the key to every artist. If so, Caspar San Giorgi, 39, has a good start on an artistic career in Great Britain. The Palestinian activist, who is reportedly Dutch and also goes by the name of Olax Outis, took a ladder and a box of spray paint in February to deface the famous statue of Churchill in Parliament Square. Despite his admitting to the crime and rejoicing in it, a British jury just found him not guilty in a blatant act of jury nullification. Continue reading “Palestinian Activist Defaces Churchill Statue and Boasts About it in Court…British Jury Finds Him Not Guilty”

The Purge: Princeton Faculty Reach Perfect Zero in Support for Republicans

We recently discussed how Yale faculty reached academic nirvana after years of purging departments of conservatives and Republicans. The university finally showed zero political donations to Republicans. Now Princeton can claim that it has succeeded in a similar cleansing, according to a new study by Princetonians for Free Speech (PFS). The study shows that 98% of political donations went to Democrats or Democrat-affiliated groups and 0% went to Republicans or affiliated groups. Continue reading “The Purge: Princeton Faculty Reach Perfect Zero in Support for Republicans”

F— Around and Find Out”: Krasner Referred to U.S. Attorney for Criminal Investigation

Below is my column in the New York Post on the referral of Philadelphia District Attorney Larry Krasner for possible criminal prosecution by a federal judge. Judge Paul Diamond is only the latest jurist to reach the breaking point with Krasner, who has used a mix of rage and race politics to stay in office.

Here is the column: Continue reading “F— Around and Find Out”: Krasner Referred to U.S. Attorney for Criminal Investigation”

Sen. Paul Introduces Birthright Citizenship Amendment

Yesterday, I had the pleasure of speaking at the Constitution Day event at James Madison University about “Rage and the Republic.” and various constitutional issues. During the event, organized by the James Madison Center on Civic Engagement, one student asked me what I would change about the U.S. Constitution. I said that I would amend the Constitution to eliminate birthright citizenship, as have other nations who once followed this ill-considered practice. Well, Sen. Rand Paul (R., Kentucky) has wasted no time. He just reintroduced his bill to ban birthright citizenship. Continue reading “Sen. Paul Introduces Birthright Citizenship Amendment”

Self-Defense or Reckless Homicide? Indiana Homeowner Arrested After Shooting Alleged Felon

In my torts class, we just discussed the privilege of self-defense, the Castle Doctrine, and statutory Stand Your Ground laws. There is a new case out of Indiana where Martell Pickens, 30, is facing reckless homicide charges for the shooting of Khadolphee Taylor, 25, outside his Fort Wayne home. The case shows the conflicts that arise in the application of both common law and statutory privileges in the use of lethal force.
Continue reading “Self-Defense or Reckless Homicide? Indiana Homeowner Arrested After Shooting Alleged Felon”

The Dangerous Evolution of Gavin Newsom

Continue reading “The Dangerous Evolution of Gavin Newsom”

A Stunning Case in the Making? The Supreme Court Orders New York to Respond in Second Amendment Case

The Abolitionist Movement: Professor Argues for “Care and Accountability Circles” as an Alternative to Prisons

The prison abolitionist movement has been gaining steam across the country with the rise of radical left candidates such as New York’s Darializa Avila Chevalier, who will soon be a member of Congress. Many have asked what will replace prisons in the post-carceral society. Seattle University law professor Dean Spade has the answer: care and accountability circles.  If you are having that My Cousin Vinny moment of “you were serious about Dat?,” the answer is, yes, they are indeed very serious about that. Continue reading “The Abolitionist Movement: Professor Argues for “Care and Accountability Circles” as an Alternative to Prisons”

The Secret to “Sleeping Well”: A Response to Kevin Reddington

I was surprised to hear on a flight this week that Lindsay Clancy’s defense counsel, Kevin Reddington, had unleashed a torrent of criticism of my commentary on the trial. In the interview with Fox News reporter Bryan Llenas, Reddington even suggested that we meet and debate these issues. I wanted to briefly respond to Reddington’s criticisms. Continue reading “The Secret to “Sleeping Well”: A Response to Kevin Reddington”

“The Funniest Thing”: Academic Jokes About Celebrating the “Kirkiversary” by Assassinating Nick Shirley

Will Rogers once observed that “Everything is funny, as long as it’s happening to somebody else.” No one ever personified Rogers’ rule as much as University of California, Irvine instructor Matt Goldman, who cracked everyone up this week by joking about celebrating the anniversary of the assassination of Charlie Kirk by alluding to the possible assassination of independent journalist Nick Shirley. Continue reading ““The Funniest Thing”: Academic Jokes About Celebrating the “Kirkiversary” by Assassinating Nick Shirley”

Lock and [Re-]Loaded: Third Circuit Greenlights Major Challenge to New Jersey Gun Liability Law

Some of us have been closely following challenges to A1765, New Jersey’s gun industry liability law. In my view, the law is facially invalid and preempted under federal law, and we may now find out after the United States Court of Appeals for the Third Circuit greenlit a challenge from the National Shooting Sports Foundation (NSSF) yesterday. The court found that the NSSF has standing to bring the lawsuit, which could reach the United States Supreme Court. Continue reading “Lock and [Re-]Loaded: Third Circuit Greenlights Major Challenge to New Jersey Gun Liability Law”

Res ipsa loquitur – The thing itself speaks