Federal Court Rules Against University of New Mexico in Free Speech Case

We have been discussing how colleges and universities have been using security concerns as a way to bar conservative and libertarian speakers. Another barrier has been the imposition of prohibitive security fees as a condition for such speakers to appear on campus, fees generally not required for liberal speakers. Now, in a significant free speech victory, U.S. District Judge David Urias has enjoined the University of New Mexico from imposing a $5,400 security fee for former collegiate swimmer and activist Riley Gaines after speaking on campus. 

UNM has a history of cancellation campaigns against conservative and libertarian speakers, as previously discussed on this blog.

Gaines has become a national figure in her campaign against biologically male students competing in women’s sports. While it is a position that is supported by an overwhelming majority of Americans, faculty and students have repeatedly targeted Gaines with cancel campaigns and disruptive protests.

In this case, UNM originally demanded over $10,000. The lawsuit brought by the Leadership Institute named UNM President Garnett Stokes and other UNM officials as defendants. Judge Urias was legitimately suspicious of the demand and found that it violated the First Amendment.

In his 16-page order in Leadership Institute v. Stokes (D.N.M.), Judge Urias noted that Gaines travels with her own security (itself a sad statement about this Age of Rage).  The court noted the rather fluid standard applied to Gaines:

[T]he quote of over $10,000 was for every officer UNM employed—thirty-three officers; nearly one for every three attendees the students expected. When TP-UNM asked why Defendant Stump intended to assign every officer to the Gaines event, and whether it was because of the speaker or the inviting organization, he responded that “it’s all based on individual assessments,” that they were looking at the “individual,” and that “there is not a criteria [sic].”

He also told the students that if an organization were to screen the Barbie movie in a venue on campus, he likely would not require even a single officer because the UNM police were “not worried about the Barbie movie.” He then said that security was “consistent” in how it assessed fees “to Turning Point” in the past. He described past TP-UNM events featuring other conservative speakers that generated protests at UNM. A few times during the meeting, he reiterated that UNM assesses security fees on a “case-by-case basis.” …

Notably, the court detailed how fewer than 10 protesters actually showed up and demonstrated outside of the room. Nevertheless, UNM hit Turning Point with the fee for twenty-seven officers at the event who charged for a total of 95.25 hours.

The court applied the holding in Forsyth County v. Nationalist Movement (1992) in which the Supreme Court held that the government can impose extra security fees due to the controversial status of speakers or groups. In writing for a 5-4 majority, Justice Henry Blackmun held that “Nothing in the law or its application prevents the official from encouraging some views and discouraging others through the arbitrary application of fees. The First Amendment prohibits the vesting of such unbridled discretion in a government official.”

Judge Urias found precisely such a barrier imposed by the UNM:

When a policy allows “appraisal of facts, the exercise of judgment, and the formation of an opinion by the licensing authority, the danger of censorship and of abridgment of our precious First Amendment freedoms is too great to be permitted[.]” Forsyth County.… Although the question in this case is closer than that in Forsyth, the Court nonetheless finds that Plaintiffs have demonstrated the security fee policy in this case is similar enough to render it overly broad. Although the policy lists criteria for officials to consider when assessing event security, such as venue size and location, the list ultimately leaves the decision of how much to charge for security up to the whim of university officials. For example, the policy does not explain a method for determining how much more security is required for a small venue as compared to a large one, or for a daytime event as compared to a nighttime event.

Significantly, the policy states that the “basic cost of security … will be charged to all groups” based on a schedule of charges that the UNM Police Department has on its website, but despite this, the department does not actually delineate the amount of this “basic cost of security.” Though the security fee policy also states that the police department “regularly” updates the “schedule of charges based on the factors” and that “[t]he basic cost of security according to this schedule will be charged to all groups,” there is no schedule of charges.

Additionally, the preamble to the policy indicates that university officials “may” assess security fees but does not provide guidance for when they may or may not assess these fees, which contributes to the problem of allowing university officials overly broad discretion. In sum, Plaintiffs have shown a substantial likelihood of success on the merits of their overbreadth claim because the security fee policy does not contain limiting language that includes “narrowly drawn, reasonable and definite standards[,]” and it does not include anything to prevent UNM administrators from exercising their discretion in a content-based manner….

The ruling is a notable victory for free speech in creating additional precedent against the use of security fees as a deterrent to groups in inviting targeted speakers like Riley Gaines. Conservative groups have long complained that far left speakers are rarely targeted by cancel campaigns and even more rarely hit with these security fees.  In past cases, a security deposit is demanded upfront, creating a barrier for many groups.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

187 thoughts on “Federal Court Rules Against University of New Mexico in Free Speech Case”

  1. The leftist group think at all forms of “higher education” is sickening and despotic. They are in total against any free speech that does not mimic their borg like opinions. If they can price a speaker out of the game they will. Such hypocrisy of the left…always hypocrisy with the left.

  2. Lol now tell us about security for pro Palestinian speakers and roving bands of ex IDF thugs on college campuses. I’ll hold my breath….

  3. To use Trump’s words, one of Trump’s complaints about the “obsolete” NATO is that NATO does not do enough to counter
    terrorism. Well, Russia has been committing acts of terrorism against Ukraine for almost 3 years. There’s a lot terrorism there.
    NATO could do something about terrorism by stopping Russia from committing terrorism in Ukraine. I’m sure Trump would like to see this, seeing how he is so against terrorism and would like to see NATO combat it.

  4. I doubt most student “protesters” are really passionate about a cause unless there is an agitator stirring up strife. (Like Charlie Manson’s Family). I remember the night before some of the “mostly peaceful protests” wire baskets full of rocks mysteriously appeared, rent a thugs were bussed in and email blasts went out to the angry unemployed people who had nothing better to do than to show up and “protest.” Yeah, right.

    As the previous poster pointed out, this is a female who is upset because a dude who couldn’t cut it swimming against other men, so decides to enter as a female at a great disadvantage to the hardworking women. Yet again, man crushes the aspirations of women. She disagrees and is cancelled and shunned.

    Those gullible enough to think this is a good thing should see me about some oceanfront property in the Chihuahuan Desert.

  5. Best headline:

    Visibly shaky Walz says the world needs ‘steady leadership’

  6. So what the University of New Mexico is telling us in this case is, they have conducted an exhaustive security survey and determined that the LGBTQ community is opposed to free speech and will use mass violence in order to stop this free speech. In order to insure the safety of this speaker and prevent the LGBTQ community from commiting mass mayhem a large police presence is needed. Is that what the University of New Mexico is telling me?

  7. Step back a minute and think what led to this case. It is a woman wanting to speak against having men in women’s sports and women’s locker rooms. That such a position would be controversial and so violently opposed by the academic Left reflects the total moral and spiritual collapse of the American Left. If you went back in time even 50 years and told people in 1974 that this would be happening (and that the Left would be virulently anti-free-speech) in the year 2024 you would have been laughed at.

    1. There seems to be some hierarchy applied. LGBTQ trumps women for instance. LGBTQ may trump every group in every arena. Somewhat interesting that the left thinks LGBTQ people are the most oppressed even to the point of absurdities. LGBTQ trumps the rights of children.

      1. The LGB is not always aligned with the T on child grooming. There’s even a group called gays against grooming. I think the LGB and the T may eventually go separate ways.

  8. There are no “colleges” and “universities” anymore. They have been replaced by Leftist Indoctrination Entitites (“LIEs”). Their sole raison d’être is to inculcate into the easily manipulated youth the deranged, depraved, and degenerate Dunceocrat-Marxist policies and practices.

    All LIEs should be taxed on not only their income, but on all cash coming flows into them and on their assets as well. And, of course, their 501(c)3 tax-exempt status must be revoked.

    Only genuine educational institutions can be free of taxation.

  9. Off Topic: ICE released into our country over 435k illegal immigrants with criminal convictions. That’s like the Bureau of Prisons setting free 1/3 of our prison population and 13k of them being convicted of murder. Without any idea where they went.

    Probably even more alarming is the 24k+ military-aged Chinese nationals illegally in the country, without any idea where they are. And unlike those 435k above, the illegal Chinese immigrants are completely off the radar. What are they up to?

  10. More intolerance from the Left on our college campuses:

    “Today, while I was registering voters at ASU, a radical leftist threw a drink at me and ran away,” Halperin told the Globe. “I was shocked, then a little bit angry, but now, I’m proud. Because I realized that this means they know they’re losing.

    “This isn’t about my mom. This isn’t about President Trump. This is about us, the young generation, breaking free from all of the liberal indoctrination we’ve been receiving, thinking for ourselves, and proudly declaring that we’re ready to put America First.”
    https://www.thecollegefix.com/kari-lakes-daughter-assaulted-at-arizona-state-u-voter-registration-drive/

  11. I meet a woman mid 40’s yesterday with her asking me who I was voting for. I told her the only logical choice is Donald Trump, then I asked her who was her choice, and she said Kamala Harris. I immediately asked her is that the model of the Presidency of the First Female President you want? I didn’t expand on anything beyond that point where she honestly said NO while blushing. Did I change her mind I have no idea nor will I ever.

    1. When people (falsely) say conservatives don’t want to vote for a woman, I point out that if I could I would gladly vote for a Margaret Thatcher or a Georgia Meloni.

      The sexists are the people who say that because they can’t tolerate – or sometimes even imagine – a female politician being a strong-principled conservative

      1. Oldman, I understand what you are saying and perhaps there were better candidates, but just wondering if you supported Republicans Elizabeth Dole in 2000, Michele Bachman in 2012, Carly Fiorina in 2016, or Nikki Haley in 2024? Thanks.

        1. Anonymous… you believe that Michele Bachman would have been a worse choice in 2012 than the last four years of Obama/Biden once Obama no longer had to worry about any more elections?

          That Carly Fiorina in 2016 would have been worse than four years of Hillary Clinton?

          Or that Nikki Haley this year would be worse than four more years of Biden (or worse Harris)?

          Get your head out of your ass please.

          Thanks.

          1. Did you (or oldman or anonymous) support any of those Republican women candidates during the Republican primary season?

            1. Many of them yes. I supported the person I though was the best candidate – sometimes that was a women, sometimes that was a democrat.

              Frequently I vote straight democrat in local elections – as the local GOP is corrupt statists who pretend to be limited government conservatives

            2. Why is it that you believe that someone must vote for a woman or would not vote for a woman ? Or a …. ?
              Why is it that you beleive I or the others you noted always voted in a republican primary ?
              Why is it that you beleive I or the others you mentioned only voted for Republicans ?

              You appear to live in a bubble and do not know anything about those outside your bubble, while at the same time presuming that you do.

              I would suggest stop presuming you know anything about others beyond what they have said.
              Certainly stop presuming you know what they think, or how they have acted in the past.
              You are not very good at that.

              This is a delusion much like Trump derangement syndrome – except that it predates Trump and goes far beyond Trump.

              There was an essay somewhere tittled “Please stop making me defend Trump”
              I thought that was a perfect sentiment

              I have never voted for Trump.
              But I have frequently defending him from idiotic left wing nuts – not because Trump is great, but a lie is a lie, and because if the choice is between Clinton, Biden, Harris and Trump – Trump wins hands down.

              While he is NOT the great president he claims to be. He is still the best president in the 21st century – as we have had a bumper crop of bad presidents in the 21st century.

              Regardless, I have voted for women, minorities, lesbians, gay men, even Democrats. The best person for the job.

    2. There’s an elderly man in my neighborhood who rages that immigrants in our town are stealing people’s pets and eating them. What’s telling isn’t so much the false claim, because under certain circumstances such a thing has happened before (during wartime, disasters, economic collapses, etc). What’s telling is that this old man makes his claim and says it’s true cuz he saw it on TV, without any awareness of how easy it is to check it and disprove it. And then, maybe he actually believes it. That makes his dementia even worse. Good thing he’s not a candidate for POTUS.

      1. Those of you on the left make far stupider claims all the time.

        I would further note that the old mans claim is NOT false, it is merely improbable. This is a common mistake those on the left make.

        Pretending something is binary when it is probabilistic, or when there are many choices.
        It is a logical fallacy.

        You say the man beleives it because he saw it on TV – SO ?

        You beleive stupid things you saw on TV.
        Further you constantly tell the rest of us that we must beleive a media whose credibility is near zero, that has been constantly caught lying and spinning.
        What is worse about beleiving Something Trump or vance said ? They have a far better record for truth.

        You also expect that we will beleive some Mayor or town councilman – Why ? Again haven’t we had enough of government lying to us – even government experts ?

        Is there anyone the media has asked about the hatians eating pets story that has better credentials than Fauxi ? Yet Fauxi lied repeatedy.

        My point is there is no reason to trust anyone – I do Trust that Vance received multiple constituent reports that Haitians were eating pets.
        Among other reasons – because the police have confirmed they received multiple such reports, and even the town counsel and AG have confirmed that.

        Are those reports true ? Those in city government who were asked claim that they found no evidence they were true.

        That means they PROBABLY are false -or the investigators were to busy looking into other crimes and traffic accidents that skyrocketed.
        Regardless at best the story is improbable. It is not within 10,000 miles of “proven false”.

        You demanded that the rest of us believe the highly improbable story that Trump colluded with th Russians or that the Hunter Biden laptop was russian disinformation,
        or …..
        You asked us to believe authorities in government – as you are requiring again right now to conclude this man is wrong.

        Would believing improbable things lead one to vote for someone else as president ? Sure – presuming the alternative was not much worse.

        Trump is not a great president, he was just bettern than Biden and better than Harris is likely to be.
        Again he is the best president in the 21st century – but that is not saying much.

    3. George W: “the only logical choice”–what constitutes “logic” to YOU, George? Trump is an actor. The quicker you figure that out, the better you will understand why the majority of Americans did not vote for him in 2016 or 2020, and, according to polls, will not vote for him in 2024. Is it “logical” to vote for a convicted criminal, who, just yesterday, said that persons suspected of crimes should be viciously beaten? You spoke with a woman–is it OK with her and “logical” to vote for someone adjudicated liable for sexual assault and defamation and also for fraud? Similarly, is it “logical” to vote for a chronic, habitual liar? Just yesterday, Trump lied when he claimed that Biden did not even speak to Governor Kemp–even though Governor Kemp denied it, Trump still doubled down and said “no he didn’t” when he was confronted with Governor Kemp’s statement. Here’s what NBC News reported:

      “Former President Donald Trump falsely claimed that Georgia Gov. Brian Kemp hasn’t been able to reach President Joe Biden to discuss Hurricane Helene’s impacts on his state.

      “He has been calling the president, but has not been able to get him,” Trump said at a news conference at a furniture store in Valdosta, Georgia.

      Yet earlier in the day Kemp, a Republican, said that he initially missed Biden’s call but that he called back and that the two were able to connect Sunday evening.

      “He just said, ‘Hey, what do you need?’” Kemp told reporters. “And I told him, you know, we got what we need. We will work through the federal process.”

      Kemp said Biden told him to call directly if he needed any additional resources. Kemp said he has “been playing phone tag” with Vice President Kamala Harris, the Democratic nominee for president, but praised the bipartisan response.

      Biden ripped Trump over the false claim Monday.

      “He’s lying, and the governor told him he was lying,” Biden told reporters in the Oval Office. “I don’t know why he does this. And the reason I get so angry about — I don’t care about what he says about me, I care what he what he communicates to people that are in need, implies that we’re not doing everything possible. We are.”

      “So that’s simply not true, and it’s irresponsible,” Biden added of Trump. He also said he plans to survey storm damage in North Carolina on Wednesday.” Trump can’t even let a natural disaster that has cost over 100 people their lives go by without trying to score political points. Is it “logical” to vote for such a creature?

      How about his “concept of a plan” regarding health care? Trump has had 9 years to come up with a plan, and is either lying or intending to use the plan Republicans came up with–which would allow insurance companies to deny coverage for preexisting conditions. That would bankrupt thousands of families. How about those tariffs? Even though all reputable economists say that history has taught us, going back to McKinley’s administration, that tariffs only increase the price of goods, Trump insists on tariffs for ALL imported goods–economists say it will cost the average American family thousands more to purchase the things they buy now–as high as $4,000 in some cases.

      How about Project 2025 and Trump’s lie about implementing it–something most Americans strongly oppose, which is why he is lying about it being his playbook? Vance wrote a foreword and over 40 former Trump administration members wrote portions of it–which is described as the outline for the administration of the next Republican President. Key features–no abortions, no IVF, no Department of Education or NOAA, 50,000 plus civil servants fired and replaced with Trump flunkies who have pledged allegiance to him and any harebrained idea he has, support for the fossil fuel industries and withdrawal of support for renewable energy, the DOJ and FBI weaponized to go after Trump’s perceived enemies, among other features.

      How about his proven track record of failures–failed marriages, failed businesses, 6 bankruptcies, started an insurrection when he lost in 2020 and can’t stop lying about it, cheating on taxes, cheating on wives, cheating at business. How about his obvious cognitive decline–aimless rambling speeches that don’t even make sense–like evoking the “late, great Hannibal Lector, talking about men without muscle mass, talking about windmills causing cancer, lying about Haitians in Springfield, OH being illegal and stealing and eating people’s pets….the list is very long. Then, there’s his age–78. What’s “logical” about electing someone with this much baggage?

        1. Tom: EVERY word I wrote is provably true, and you know it, so, just like MAGA media, you attack me.

      1. Gigi ranted: Then, there’s his age–78. What’s “logical” about electing someone with this much baggage?

        Meanwhile, Joe Biden was 81 years old two months ago when the Harris Insurrection took him out and replaced him. Just as the Biden Insurrection in 2020 took Bernie Sanders out to be replaced with Biden.

        Gigi, just two months ago you were desperately pimping for the much older, three years older, Inindicted Felon, The Big Guy, the senior partner in Biden White House Crime LLC.

        No baggage in 150 Suspicious Activity Reports filed with the DoJ about his money laundering and influence peddling from the Vice President’s office before Trump ever ran for office?

        No baggage in being an unindicted felon because your employee, carefully selected to be your Special Counsel, said he could see into the future and his Ouija Board whispered in his ear that no jury would convict his boss?

        Just two months ago you were telling us Biden was working aids half his age to death, had a firm grip on foreign policy, etc.

        What’s logical about you coming here to drop a load of crap like the human version of a seagull, when the only response you get is being mocked and called a pathetic liar?

        1. Did Biden ever talk nonsense like Trump does—like the examples I gave? Did Biden constantly lie like Trump does? Did you hear his rant yesterday about his “beach body “? If there is a Biden Crime Family why haven’t the Republicans been able to come up with any proof, despite holding so many hearings?

          Trump is a convicted criminal and is under multiple other indictments. He has proven his incompetence. The rest of your post is nothing but a regurgitation of the MAGA media propaganda people like you rely on. You cannot respond to facts so you imitate the MAGA tactic of attacking people who relate inconvenient facts.

          1. Poor Gigi, broken record. Gigi, what is this article about? It is about the UNM and RIley Gaines. WHy Why WHy Why Why Why is the only thing out of your mouth about Trump. I laughed yesterday when you taunted by plaigiarizing some one else’s phrase about “living in your brain.” Why does Trump live in your brain like this. You get yourself so worked up every single day, no matter WHAT the topic of the blog is about.

          2. “Did Biden ever talk nonsense like Trump does”
            Yes, constantly – and according to SC Hurr he has been doing so since 2015.
            BTW Trump does not talk nonsense – he exagerates, and over generalizes.

            Biden is clearly suffering from dementia.
            Harris constantly talks absolute nonsense.
            On the rare occasions that she does NOT talk nonsense, she talks deliberately meaninglessly – appeals to emotion without meaningfully answering questions.

            “*Did you hear his rant yesterday about his “beach body “?”
            No, nor do I care.

            Why should I care about Trump’s physical self image ?
            Regardless I thought those on the left beleived everyone was beautiful ?
            Trump is fit enough to play golf several times a week. That is better than Biden, it is probably better than Harris who is significantly younger.
            It is better than my health and I am near Harris’s age.

            But it would not matter i Trump was morbidly obese.
            Glowing claims about his own body are of far less consequence with respect to a president than idiotic claims that price controls have EVER worked.

            We are electing a president – not a fashion model.

            “If there is a Biden Crime Family”
            There is no “if”

            ” why haven’t the Republicans been able to come up with any proof, despite holding so many hearings?”
            They have. There would be little trouble convicting Biden in courts in 2/3 of the country.
            The evidence Republicans have produced meets the “beyond a reasonable doubt” standard.

            “Trump is a convicted criminal and is under multiple other indictments. ”
            False – conviction does not occur until sentencing. While it is highly unlikely – Merchan can still throw the case out.
            Further even if he does not – the case is 100% guaranteed to be thrown out on appeal – for any of dozens of reasons. An appelate court reversal voids any conviction.
            Finally Trump has been found innocent by the jury that matters – voters.

            Further your argument is stupid garbage. Is all you have to do to disqualify your oppoent is to get them indicted ? or convict them in a show trial ?
            These cases are all election interferance. Election FRAUD.

            “He has proven his incompetence.”
            How so ?

            “The rest of your post is nothing but a regurgitation of the MAGA media propaganda people like you rely on.”
            In the real world there are these things called FACTS.

            Gigi, we are past “you are not credible, because you hav been cuaght in multiple lies”.

            You can not type two sentences without multiple false claims.
            Your credibility is so bad if you said it was raining – I would doubt it.

            Quit spining naratives and stick to actual facts. and maybe you can get some credibility back.

            One does not have to follow Fox news or be MAGA to know you are almost never right.
            Frankly you are far more nuts than the left wing media.

            Almost no one beleives the conspiracy theory nonsense that you do.

            “You cannot respond to facts so you imitate the MAGA tactic of attacking people who relate inconvenient facts.’
            I have responded to your false claims with FACTS tons of them.

            Alas, alas for you
            Lawyers and pharisees
            Hypocrites to a man
            Sons of the dogs who murdered the prophets
            Finishing off what your fathers began
            You don’t have time to scorn or to scoff
            It’s getting very late!
            Vengeance doesn’t wait!
            You snakes, you viper’s brood
            You cannot escape being Devil’s food!
            I send you prophets, and I send you preachers
            Sages in rages and ages of teachers
            Nothing can mar your mood

            Blind guides, blind fools
            The blood you’ve spilt
            On you will fall!
            This nation, this generation
            Shall bear the guilt of it all!

      2. “Trump is an actor.”
        We are all actors. Walz and Harris are bad ones.

        “according to polls, will not vote for him in 2024.”
        Gigi, it is unlikley this will be close. At this point in 2020 – Biden was polling 7.2pts ahead of Trump – Clinton was ahead similarly.
        How did that turn out ?

        Both Dropped 4pts in the last 6 weeks.

        Will that happen again ? I do not know – but the polls that were the most accurate in 2020 and 2016 have Trump winning the popular vote.

        “Former President Donald Trump falsely claimed that Georgia Gov. Brian Kemp hasn’t been able to reach President Joe Biden to discuss Hurricane Helene’s impacts on his state.”

        You say that is false – yet even Biden admitted that he has spent all of 2 hours a day dealing with Helene.
        Did Biden evertually talk with Kemp – likely. Was Kemp able to reach Biden when Kemp called ? Unlikley.

        While Helene is an emergency – it was NOT a surprise. Biden and Harris knew about it for days before it struck, and were unprepared.

        ““He has been calling the president, but has not been able to get him,” Trump said at a news conference at a furniture store in Valdosta, Georgia.”
        What part of that is wrong ?

        “Yet earlier in the day Kemp, a Republican, said that he initially missed Biden’s call but that he called back and that the two were able to connect Sunday evening.”
        So ? How does that alter what Trump said ?
        Kemp was the governor of a state with a national disaster – he was busy and needed help. Biden was president – and lounging on the beach in Delaware – he was NOT busy

        Biden knew this was coming – and went to delaware – making himself unavailable.

        ““He just said, ‘Hey, what do you need?’” Kemp told reporters. “And I told him, you know, we got what we need. We will work through the federal process.””

        Trump was there – with others bringing help when actually needed.
        This has been a pattern of this administration – no help for east palestine, ignoring the border – and now clueless in dealing with a huricane that everyone knew was comming.

        “Kemp said Biden told him to call directly if he needed any additional resources. Kemp said he has “been playing phone tag” with Vice President Kamala Harris, the Democratic nominee for president, but praised the bipartisan response.”

        Why phone tag ? Again Trump was there – its not his job – but he was there – it is Harris and Biden’s job.
        A governor in a disaster should ot have to plave phone tag.

        “Biden ripped Trump over the false claim Monday.”
        And you beleive Dementia Joe or Kackling Kamala ?

        Joe is a demented angry old liar that has been sacked by his own party.

        Why does Trump do this – because it is True.
        Does Biden care about Trump – absolutely – or why the rant from the Oval office.
        Biden was knocked out of the reace by Trump – TKO, of course he is angry with Trump.

        I care what Biden communicates – he communicated by going to Delaware for vacation with a major huricane coming.
        He communicated by ADMITTING that he has spent 2hrs a day on the phone over this. That is probably a full day for sleepy Joe.

        Trump is not impliying anything – Democrats DO NOT CARE – we have seen that again and again.

        I woud not Trump mentioned Harris and Biden once when asked by reporters.
        He came on his own, he came BEFORE FEMA, Before Harris, before Buttigeig,
        And he brought help. And he talked about helping, and he actually helped – both with resources and by actually working himself

        Where were democrats ? At Rehoboth on the beech.

        The “plan” for healthcare is simple – get rid of PPACA which has cost us 2T/decade atleast, driven consolidation of healthcare, putting small parctices out of business, putting small hospitals out of business, increasing the cost of healthcare all while US left expectancy started to DECLINE for the first time after passing PPACA.

        I know this is hard for you – but Government does not even do those few things that only government can do well.
        Everything else – inluding healthcare is best left to free markets.
        Government has DESTROYED the free market in healthcare – the rise in healthcare costs and the decline in quality over the past 60 years correspond EXACTLY to increased govenrent involvment in health care.

        Nor is healtcare the only place Government ha F#$Ked up – everything that government has touched – has gotten worse and more expensive – such as education.

        Of course insurrance companies should deny coverage for pre existing condidtions – do you expect car insurance to repair your car if you wait til after the accident to buy it ?

        You do not grasp the concept of moral hazard.

        YOU forced everyone – including people who were making wise choices to pay for insurance they did not want, to lose insurrance they actually liked,
        YOU forced that to Pay for insurance for people who unwisely CHOSE not to get insurance. And still you had to add $2T to the national debt each decade to pay for it.

        PPACA was/is an absolute disaster – and worse still – life expectancy has DROPPED since it past. So much for the STUPID claims that you save millions of lives.

        LIAR!

        BTW Republicans did not “come up with a plan” – they did not need to. Aside from the damage by prior govenrment meddling our healthcare system worked fine.

        You say thousands of families went bankrupt. Yes. They STILL got healthcare – Healthcare that by going bankrupt they DID NOT PAY FOR.

        You have claimed over and over that PPACA was to improve healthcare – it did not – life expectancy has DECLINED since it passed.

        PPACA was about Bailling out FINANCIALLY? people who gambled financially and lost.

        It has NOTHING to do with healthcare.

        With respect to Tarriffs – one of the FEW policies of Trump that Biden left in place were his tarriffs.

        And yeas of course Tarriffs increase the price of goods – and that decreases the demand for those goods. Which is bad for China.

        I am not a proponent of Tarrifs – but they are NOT solely an economic matter – they are also a foreign policy tool – which is why Biden has left Trump’s tarrif’s in place and expanded them.

        I would note that democrats support sanctions against russia – a Sanction is just a 100% tarriff – economically it is the worst of all tarrifs.
        Yet I do not hear you bemoaning the Sanctions on Russia ?

        As to overall costs – under Trump working class families spendable income rose 4500 – AFTER TARRIFS and all other Trump policies.
        Under Biden spendable income has declined by 3500.

        This is from GOVERNMENT DATA.

        How about project 2025 ? How about all the stupid blueprints from left wing nut think tanks ?

        You get to blame Trump for what HE promises and what HE does.

        “no abortions”
        False
        Not true of Trump not true of project 2025.

        “no IVF”
        False, more left wing nut propoganda – even the most right wing state in the country restored the right to get IVF withing days of the alabama supreme corut ruling that centuries old Alabama la that now took effect again banned IVF.

        You think Trump and republicans are going to ban something that even Alabama re-legalized in DAYS ?

        “no Department of Education ”
        Not part of Trump’s plan – however the Department of Education serves NO PURPOSE.

        Public education is entirely paid for by STATES.
        It is almost entirely regulated by States.

        “NOAA,”
        Fine with getting rid of that – and no majority’s of americans do not oppose getting rid of an agency they do not even know exists.

        “50,000 plus civil servants fired”
        Too few. Government does NOT produce anything, Govenrment must employe the bare minimum of people necescary to do the jobs that only government can do.
        Few of those are federal.

        “replaced with Trump flunkies”
        Again you can not read – Cutting government – which is going to occur one way or the other means eliminating 50,000 jobs.

        But lets assume falsely you are correct – as Obama has said – “Elections have consequences”.

        While Trump has promised to CUT government – if he fires 300K goverment employees and hires 50K Republicans to replace them – that sounds like a step in the right direction.

        “support for the fossil fuel industries”
        No he has promised to quit interfering – not the same thing.

        “withdrawal of support for renewable energy”
        Correct – fossil fuels and renewable energy should compete on a level playing field.
        Then EACH of us through our personal choices decides what wins.

        “the DOJ and FBI weaponized”
        Trump can not do that – you have already done it.

        I expect large cuts in DOJ an FBI, and I expect those left to enforce the actual law – blind to politics.
        I fully expect that will result in more democrats in jail for abuse of power.

        “How about his proven track record of failures–failed marriages,”
        After th incredibly dysfunctional Biden family you can bring this up ?

        Biden’s were tstifying under oath that they were sleeping arround addicting each other to drugs and entirely dysfunctional.

        An then we have Hunter and Ashley.

        Regardless, Trump is on good terms with his ex wives, and all his children.
        There are no cancelled grand children.
        There are not even any hildren out of wedlock,
        Or borothers sleeping with their brothers wives.

        Please check out Forbes Net Worth on thier web site.
        Every single thing Trump has touched has not turned to gold – but most of it has.

        “started an insurrection”
        No insurrection – and the whole garbage claim gets worse by the day.
        Trump ORDERED the Sec Def to send the Guard to the Capitol the MOMENT Pelosi agreed. He ordered that DAYS ahead.
        Pelosi REFUSED to request the NG until long after the CP F#$Ked up and started a riot by tear gassing themselves and peaceful protestors.
        Unless you wish to beleive they did that deliberately.
        And an Army Major General sat on that request – despite STANDING orders from Trump through Sec Def for another 3hrs.

        The DC NG was 2mi from the capital waiting on busses for th order to deploy since early in the morning – ON TRUMPS ORDERS.

        BTW every single thing I noted above is evidence gathered by Pelosi’s fake J6 committee and BURRIED.

        We now have the unreleased transscripts, we have the transcripts from DoD’s on investigation, and we have the transcripts from IG Horrowitz’s investigation.

        The Entire Trump J6 narrative of the left IS A HUGE LIE.

        There was no inssurection. The only armed forces at the capital were from the govenrment.
        No one sought to kill Mike Pence – the infamous gallows was barely capable of holding together and had a prominent sign on it “This is ART”.

        The only people killed were protestors.
        There were no firearms at the capitol with protestors – nearly all of whom owned firearms.
        There were no molotov cocktails.
        There was no arson,
        There were no frozen bottles of water.
        There were no lasers to blind police.
        There were no fire crackers of fireworks

        In short there was nothing that a group intending violence would have brough.
        There was nothing that the BLM rioters had in abundance

        The probability that Trump won in 2020 is very high – and the tremendous efforts of democrats to avoid any hearings on the merits are roof of that.

        “cheating on taxes”
        Nope.

        “How about his obvious cognitive decline”
        Project much.

        The haitians in springfield are illegal – they currently have temporary amnesty – that does not make them legal.
        US law does not allow assylum for Hatians who are economic refugees, nor does it allow even a fraction of the hatians in Springfield to legally immigrate.
        They are here in violation of US law, and remain because for the moment Biden/Harris have given them temporary amnesty.

        There have been numerous reports of Haitians stealing pets and some reports of them eating them.
        One person who reported her cat stoen has had the cut return – that does not alter lots of 911 calls and police reports.
        Are those true ? Maybe if springfield police were not so tied up with rising crime and traffi accidents because of illegl hatiasn they could find out.

        Do we really need to go into Harris’s baggage ?

        Really ? Those of you on the left rant about Daniels and Trump.

        Harris is the Stormy Daniels of the Willy brown story – and many others.

        If you think Trump has problems with “family values” – please look at Harris

  12. Professor Turley,

    You did not discuss whether the University of New Mexico actually acted arbitrarily – which was the standard set by SCOTUS. The legal bar is very low for determining whether a policy is arbitrary. Even so, UNM may not have done a good job documenting an otherwise rational process – informing a request for security based on past experiences of UNM and peer institutions with the organization. There would have been nothing wrong with a formalized policy like this. And it is clear that security must be heightened for Turning Point USA – not because it is conservative, but because it is violent.

    https://www.insidehighered.com/news/quick-takes/2024/04/25/turning-point-usa-workers-admit-harming-arizona-state-instructor

    For example, this year, at neighboring Arizona State University, two Turning Point USA workers admitted to charges from an October 2023 incident in which they followed and filmed a queer ASU instructor on campus, with one of them pushing the instructor face first onto the concrete.

    Had UNM simply recognized and documented these cases of violence — and developed a content-neutral basis for security based on the clear violent actions of Turning Point USA – I would have had no problem with UNM determining that Turning Point USA requires heightened security. This is thus NOT a political decision, but a content-neutral one. To be clear, that would lead to charging more for left wing speakers with a history of violence, as well.

    1. @Anonymous

      I guess I’m just feeling confrontational today, but there is no ‘Professor Turley’ reading your idiocy. Free speech is the only reason the rest of us have to endure it, daily. Literally, daily, verbatim. Take your ‘Turls’, and stick it where the sun don’t shine. Nobody cares, and but for us poor other commenters, no one even sees it.

      This blog’s readership grows monthly, globally and verifiably. Your comments get scrolled past, daily. Stop wasting the grown ups’ time; much like the modern DNC, you are not convincing any person of anything whatsoever. We all know you are a tool.

  13. The only constitutional answer is that government actors such as public universities can not impose fees that have anything at all to do with viewpoints

  14. I wonder how many of the Iranian missiles launched at Israel today were bought with the planeloads of American cash sent to Iran by Obama, Biden and Kamala?

    I doubt any of these three is truly American.

    1. * the descendents of the Shah are about to take back Persia. No one likes Iran.

    2. Now I wonder if US military assets sent to the Middle East are there to protect Iran or protect Israel or, as is typical of this administration, nobody really knows what in hell they are supposed to be doing.

    3. Young,
      It has been noted about the increased activity of Iran since Biden came into office.
      Iran showing increasing boldness toward U.S. with spies, assassination plots, and hacks
      “Evidence shows that Iran has grown increasingly brazen during the Biden administration, especially in its apparent attempts to organize the assassination of GOP nominee and former President Donald Trump.”
      https://justthenews.com/government/security/iran-showing-increasing-boldness-towards-us-spies-assassination-plots-and-hacks?utm_source=referral&utm_medium=offthepress&utm_campaign=home

      1. You have got to stop using Just The News for your “news.”

        Just look at the article you posted: “Iran showing increasing boldness toward U.S…. Evidence shows Iran has grown increasingly brazen during the Biden administration…”

        And then, it proceeds to spend the majority of the article discussing Abouzar Rahmati, who acted as an agent for the Iranian government in the US from 2017 to 2024.

        Why would an article that criticizes BIDEN be about someone who was hired under Trump in 2017 (and employed for the majority of his term)?

        Come on, man. This is yellow journalism.

        1. You have got to stop using Just The News for your “news.”

          You must read CNN/the NYT, the WaPoo instead.

          How else will you finally realize that the “Russia Dossier” is real.

          And the Biden laptop is only Russian election disinformation.

  15. Regarding the often cited “…But when a long train of abuse…” I’ll say:
    In yesteryear there could be an overthrow of governors’ especially in the new land of America, the overthrow of a Despotic Royalty from which the new Guards came and conquering the native peoples allowed some of the most intellectual political and societal new guards to form the perfect Republic. Today no matter the size of new guards they will never be able to overthrow the United States, notice I didn’t say it couldn’t be modified and that is what is happening with functional ill-educated occultists seeking to limit speech (thought) with propaganda and lovely jargon. (One of many rights under attack.)

    Regarding our current administrative state, it is totally wacky and tilted with political hooligans whose blinders are hindering their weak minds thinking their proposed way to a stable future is anything but skipping to Purgatory.

    Today I have hope that the fools currently steering the ship see their course is assuredly ending in misery not just for their opponent but themselves and their progeny!

    God Help us All!

  16. Liberalism is a mental disorder.

    The KKK is and has always been a project of the Democrat party.

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Res ipsa loquitur – The thing itself speaks

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