In teaching torts, I begin my discussion of the intentional infliction of emotional distress by having students write in their notes “not everything is the infliction of emotional distress.” The reason for the cautionary line is that law students tend (particularly on exams) to call any insult an infliction of emotional distress, ignoring the elements of the tort requiring severe forms of conduct or speech to qualify. That line came to mind in reading the recent decision of the Utah Court of Appeals rejecting tort claims, including an IIED claim, in Keisel v. Westbrook. The case involves Russell Westbrook, the Thunder’s point guard who reacted angrily to the taunting of Shane Keisel, a Jazz fan, at a game in March 2019. Keisel brought an array of tort claims that have now been correctly rejected by the courts. Continue reading ““Disagree Better”: Court Rejects Torts Claims of Taunting Fan Against Russell Westbrook”
Year: 2023
Michael Cohen, former President Trump’s onetime fixer and lawyer, has admitted to a federal court that he was the source of fake case citations used to support his effort to end his supervised release from his earlier criminal convictions. He blamed Artificial Intelligence (AI) for the error, he also seemed to throw his own attorney under the bus for not checking his work. Continue reading “AI Did It: Disbarred Michael Cohen Admits to Sending Fake Case Citations to Get Early Release from Supervision”
For years, we have discussed the alarming shift in the Democratic party on free speech with candidates running on pledges to censor opposing views and politicians supporting blacklisting and censorship on social media. Many citizens oppose such efforts to restrict their rights under the First Amendment, but are unaware of the work of their representatives to limit free speech. Now, a filing in the Supreme Court supporting censorship efforts by the Biden Administration has supplied a handy list of the anti-free speech states for citizens. Continue reading “Are You in an Anti-Free Speech State? We Now Have The Definitive List”
The University of Wisconsin–La Crosse is embroiled in a controversy surrounding its Chancellor Joe Gow after it was revealed he and his wife made porn videos under the name “Sexy Happy Couple.” He has been removed from his position, though the now unhappy couple could now challenge the action in the courts. Continue reading ““[Un]happy Sexy Couple”: Wisconsin–La Crosse Chancellor Removed Over Porn Videos with Wife”
The office of Colorado Secretary of State Jena Griswald issued a statement that, since the appeal was filed with the Supreme Court, Trump’s name will remain on the ballot “unless the U.S. Supreme Court declines to take the case or otherwise affirms the Colorado Supreme Court ruling.” That clause or provision from the opinion may offer a welcomed escape option for both the Supreme Court and the state.
Beer analysts are saying that Bud Light is still struggling with the boycott that has reduced its sale by a whopping 28% over the four weeks leading up to Dec. 9 — and heading to the all-important New Year’s sale period. The tragic irony for the company is that Alissa Heinerscheid, vice president of marketing for Bud Light, sought to dismantle Bud Light’s “fratty reputation.” She succeeded. It is now the symbol of woke companies for many and consumers seem to be treating the company as a vehicle to express their opposition to the social and political campaigns of companies from Disney to Nike. Continue reading “Going Flat? Bud Light Sales Still Down 28 Percent as Consumers Continue Boycott”
When my family and I were driving back from Chicago, a vote of the city council was revealed that perfectly captured the hypocrisy and politics surrounding undocumented migrants in major cities. The council voted down an effort to allow voters to decide on whether Chicago should remain a sanctuary city. The measure was defeated 16-31.
There are a number of new laws that will kick in in 2024, but one of the most interesting fights are likely to over the new California law requiring stores with more than 500 employees to carry “gender-neutral” toys over face state fines. The law, signed by Gov. Gavin Newsom in 2021, is likely to trigger free speech challenges. Continue reading “New California Law Requires Stores to Carry “Gender-Neutral” Toys”
There is an interesting ruling in the ongoing litigation of the case of Mark McCloskey. We previously discussed the case, which became a cause célèbre for many on the left and the right after Mark and Patricia McCloskey of St. Louis appeared outside of their home in an armed standoff with protesters in St.Louis. I was highly skeptical of the charges brought by Circuit Attorney Kim Gardner, who was later removed from the case due to ethical concerns. Mark McCloskey later pleaded guilty to two misdemeanors to end the case, but was then granted a pardon. He then sough the return of two firearms. The Missouri Court of Appeals has now prevented that return of the weapons by denying a motion for replevin. The basis for the decision is very interesting: McCloskey is pardoned but still considered guilty. Continue reading “Missouri Court: Mark McCloskey Pardoned But Still Guilty”
Georgia Secretary of State Brad Raffensperger has again called upon Georgia to follow most states and get rid of election runoffs — allowing for candidates to assume office with less than a majority of support of voters. While I have great respect for Raffensperger, I think that he is wrong on this question. As I have previously written, Georgia should be a model for other states rather than the opposite. Continue reading “Georgia Should Keep Its Election Runoff System”
Below is my column in The Messenger on the Supreme Court’s rejection of the motion by Special Counsel Jack Smith to curtail the appellate review of Donald Trump’s claim of immunity. While denounced by many in the media, it was not just a predictable but principled decision to stick with regular order in the consideration of such appellate issues. For too many legal experts, Trump offers the release of rage and the ability to adopt of the same dismissive, cavalier attitude of others when it comes to legal rights.
Long civil libertarians can experience the momentary freedom from the confines of blind justice and due process. They can just vent and demand abridged appeals for a presumed guilty defendant. They can embrace broad interpretations of criminal provisions and narrow interpretations of constitutional rights. Years of circumscribed restraint can be set aside for a cathartic demand for disqualification and incarceration. The Supreme Court, however, resisted such demands in a decision that declined to create a fast-track to favor the Special Counsel.
Here is the column:
Continue reading “The Supreme Court Holds to Regular Order for the New Year”
Best wishes to everyone celebrating Christmas. We are celebrating our four children, extended Turley clan, and, of course, Luna. So far, Christmas has avoided the series of unfortunate events that made last year so … well … memorable. Continue reading “MERRY CHRISTMAS!!!”
Below is my column in The Hill on the reemergence of separate but equal policies from housing to graduation to even holiday parties. Many on the left are now embracing race-based exclusions as a certain article of faith. That was vividly shown in the race-based holiday party thrown recently by Boston Mayor Michelle Wu.
Here is the column: Continue reading “Happy Plessivus! The New Rage in Separate-but-Equal Celebrations”
Below is my column in the Hill on the new emerging narrative or defense from the Bidens. It has become increasingly obvious that the Bidens were influence peddling, as now acknowledged by many Democrats and media pundits. The new defense is that Hunter Biden and his uncles may have been selling influence, but that it was “illusory” and not actual. In other words, it was a grift. There is an obvious problem with this effort to portray Hunter as a type of Harald Hill, Music Man, selling marching bands. It is still corruption and the President may have not only known about it but fostered it. If that is the case and we just dismissed it as the natural order of things, as Professor Henry Hill warned, we truly do “have trouble right here in River city.”
Here is the column: Continue reading “The Grifter Defense: The Bidens Move to Embrace Influence Peddling with a Twist”
Below is my column in The Messenger on the Colorado Supreme Court’s decision disqualifying former President Donald Trump from the 2024 election. There are now over a dozen states considering similar demands from advocates to prevent voters from being able to vote for the current leading candidate for the presidency. In California, Lieutenant Gov. Eleni Kounalakis publicly called upon the Secretary of State to “explore every legal option” to follow the same path as Colorado. It is a temptation that is irresistible for Democratic politicians in a race to the bottom of our rage politics.
Here is the column: Continue reading “Yielding to Temptation: Colorado’s Supreme Court Blocks Democracy to Bar Trump on the 2024 Ballot”