Nevada Professor Wins Major Free Speech Ruling Before the Ninth Circuit

This week, the Ninth Circuit delivered a significant victory for free speech after Professor Lars Jensen won a critical reversal against Truckee Meadows Community College in Reno. Jensen had criticized the school’s lower standards.Jensen objected in 2020 and 2021 to proposed curriculum changes that he argued would have allowed remedial math classes to count for college credit. He distributed a flyer at an event detailing his concerns and warning that a student would be allowed to graduate from college while only being “ready for middle school math.”

TMCC Dean Julie Ellsworth told Jensen not to circulate his fliers during the break at the event, but he refused to relent. Ellsworth warned him that there would be consequences for his “disobeying” her.

In the two performance reviews following the confrontation, Jensen’s department chair suggested he receive an “excellent” rating, but Ellsworth gave him “unsatisfactory” ratings for “insubordination.” That designation required Jensen to undergo review for possible termination.

District Court Judge Larry Hicks dismissed the case in 2023.

Now the Ninth Circuit has reversed Judge Hicks and found that Jensen is entitled to his day in court. Moreover, the panel found that Judge Hicks erred in refusing to allow Jensen to amend his complaint.

The panel applied the Pickering standard that we have previously discussed. The Court has held that, when a public employer retaliates against an employee for workplace-related speech, the First Amendment requires “balanc[ing] . . . the interests of the [public employee], as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.” Pickering v. Bd. of Educ., 391 U.S. 563, 568 (1968).

That standard, in turn, triggers a five-part inquiry:

“(1) whether the plaintiff spoke on a matter of public concern; (2) whether the plaintiff spoke as a private citizen or public employee; (3) whether the plaintiff’s protected speech was a substantial or motivating factor in the adverse employment action; (4) whether the state had an adequate justification for treating the employee differently from other members of the general public; and (5) whether the state would have taken the adverse employment action even absent the protected speech.” Eng v. Cooley, 552 F.3d 1062, 1070 (9th Cir. 2009).

The Ninth Circuit ruled that:

“Jensen’s criticism of the changes in TMCC’s mathematics curriculum addressed a matter of public concern. “[T]he preferable manner of operating [a] school system . . . clearly concerns an issue of general public interest.” Pickering, 391 U.S. at 571. The handout Jensen distributed at the Math Summit spoke to the preferable manner of operating TMCC, specifically its math department. Jensen described how the math department’s lowered standards would impact almost a third of TMCC’s degree and certificate programs and how graduates would consequently have inadequate math and technical skills when entering the job market. Jensen also grounded his criticism in the effect these lower standards would have on the community, noting that employers in the surrounding area subsidize TMCC through their taxes and expect competent graduates in return. The decline of TMCC’s educational standards and the resulting impact on the community is a matter of public concern.”

The ruling remands the case back to the District Court of Nevada, where Jensen’s First Amendment claims can proceed. He may also choose to amend his other claims as necessary to proceed alongside them. Jensen is also represented by Nevada attorney John Nolan, who brought the lawsuit and wrote the briefs filed with the Ninth Circuit.

Here is the opinion: Jensen v. Brown

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.

 

117 thoughts on “Nevada Professor Wins Major Free Speech Ruling Before the Ninth Circuit”

  1. Let me understand this . . . Ms. Ellsworth lowers the school’s math standards, which cheats the students and businesses that hire their graduates . . . then she violates Jensen’s Constitutional rights to keep it a secret?

    1. #74. I Google it and historically JCs have not given credit for remedial math and English courses because they are non-transferrable.

      The lady will have to justify her decision?

      1. In fact, she has no legal obligation to justify herself to you or anyone. She is soley empowered to direct actions of her office. Think about that.

    1. Rubio is relying on a provision of the INA that permits the deportation of a non-citizen if the Secretary of State reasonably believes that the person is doing serious damage to US foreign policy. I don’t know if courts have determined whether this is a justiciable matter. I suppose they could require evidence showing that Rubio’s belief is reasonable. I don’t know if there could be a First Amendment defense to deportation on this basis.

  2. District Court Judge Larry Hicks passed last year, so at least he won’t be around to make anymore dismissal orders. It is always surprising, to me anyway, at how many federal judges won’t stand up for free speech…

  3. I hope that Mr. Turley will write a piece on the Mahmoud Khalil decoration mess. I have no use form Mr. Khalil’s position on Israel, but he should not be punished for merely stating his views. I could be that Mr. Khalil has done something besides talk to warrant his expulsion that I have not read about, but I would like some clarification about the situation and think that Mr. Turley is in a good position to clearly explain it to me.

    1. Tom,

      One of the terms in the Visa is for the recipient not to engage in, or support, terrorism, or incite terrorism, or endorse or espouse terrorist activity. Hamas is a terrorist organization. Khalil called for extermination of the Jews and destruction of Israel, in support of Hamas, in clear violation of his Visa. He’s essentially recruiting for a terrorist organization. He harassed and threatened Jewish Americans, and he organized a protest that trespassed on school grounds, breaking the law, physically prevented students from attending classes, and targeted Jewish students. He was found with flyers promoting “Operation Al-Aqsa Flood”, the Hamas code name for the October 7, 2023 terrorist invasion in which they committed mass murder, rape, and mutilation, and kidnapped hundreds of people.

      https://www.uscis.gov/laws-and-policy/other-resources/terrorism-related-inadmissibility-grounds-trig

      A US citizen has the First Amendment right of free speech. A condition on being allowed to live here, or in Khalil’s case, study here, in the United States, is not to participate in, support, or recruit for terrorism, and to obey all our laws. Violating that agreement will lead to being deported.

      There is no difference than if someone supported Al Qaeda, ISIS, or any other terrorist organization, while here on a student Visa. The 9/11 Hijackers were also here on a student visa.

      1. That’s not supporting terrorism. The government has to have concrete evidence. They haven’t charged him with a crime and have presented no evidence.

        He is being punished for expressing controversial views and criticism of Trump’s policies. That is all political speech. Even Turley would have a very hard time defending the government’s position. They don’t have evidence and Khalil has no criminal record.

        1. George
          How do you know what the FBI has on that idiot? When he orchestrated and participated in obstructing the rights of other students, he fked up. See Khalil move to Gaza.

      2. Karen,
        Excellent comment. He and the “rent a mob” have lost 400,000,000 federal dollars for Columbia and scared off alumni donations as well as trespassed on private property. They are dangerous in their support for terrorism and terrorists.

        The university does not belong to the students. They pay tuition and are gone a few years later. They are there at the pleasure of the institution.

      3. Obama supported Iran, a declared terror state during a period of war, he provided them billions in cash and precious metals. He did this while they were actively involved in killing US military deployed in Iraq and Afghanistan. Can we deport that fraud POS?

    2. Article 3, Section 3

      Treason against the United States, shall consist only in…adhering to their Enemies, giving them Aid and Comfort.
      _________________________________________________________________________________________________________________________

      18 U.S. Code § 2384 – Seditious conspiracy.

      If two or more people in the U.S. conspire to overthrow, destroy, or oppose the U.S. government by force or to prevent the application of the law or to take property of the U.S. contrary to its authority, they can be imprisoned for up to 20 years.

      1. #74. Thanks for Rubio video and Hamas is a designated terrorist group, an enemy of the UNITED STATES. He makes a good case.

    3. “he should not be punished for merely stating his views.”

      Don’t worry, whatever punishment he gets is based on what he did in the name of Hamas a US designated terrorist organization.

        1. Some of the claims were repeated on this blog and some were quoted from the media as well as officials close to Trump.

          Why don’t you tell us why you think they are wrong?

          Dunning-Kruger all the way.

          1. Claims are not evidence. What did he do? What crime did he commit? You’re in the same position as the government. All you have are claims, no proof, no evidence. That’s not a position you want to be in when you get in court. What are the charges?

            1. Numerous people have posted About Khalil’s actions on this blog, but you, being the Dunning-Kruger recipient of the year, don’t bother reading or, more likely, don’t understand. Go back to the many places where what he allegedly did was written out in third-grade English and deal with them.

              A person is arrested for murder or robs a bank. They are charged, and then evidence and proof are gathered. Despite the videos showing what happened, stupid people like yourself ask what he did. Where is the evidence?

              Unfortunately, you have to wait for precise details. There are many reasons for deporting Khalil, but we have courts to restrain excessive authority. One of the best reasons is that Khalil is here as a privilege, lied on his visa, and his actions are bad for America. If that holds, then Marco Rubio can sign for his deportation and others. Khalil and his ilk do not belong in this fine country and should be deported immediately.

    4. Turley will not write about Khalil because be will be in the unenviable position of having to criticize Trump and defend Khalil’s right to free speech.

      Turley will remain silent until he finds a way to justify Khalil’s deportation without having to defend his free speech rights.

      Turley knows the Trump administration is wrong and he doesn’t want to alienate MAGA unless its so obvious that he has to chastise the administration for attacking free speech.

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  5. OT

    “John Marshall has made his decision; now let him enforce it.”

    – President Andrew Jackson
    ________________________________

    If the judicial branch issues orders to the executive branch, the judicial branch becomes the executive branch.

    The judicial branch has no legal basis to exercise executive power.

    Congress may establish departments, but only the President may cause them to function, OR NOT, by exercising executive power, OR NOT.

    “Trump’s tyranny” is established by the Constitution that vests all executive power in “a President,” exclusively.

    The Constitution distributes the unassailable and absolute power of the King (1789) in distinct and particular areas of governance.

    The executive power is vested in a president.

    The legislative power is vested in the legislative branch.

    The judicial power is vested in the judicial branch.

    The legislative and judicial branches shall not usurp or exercise any aspect, facet, degree, or amount of executive power.

    The Constitution—Read It Very Carefully.

    1. Imagine!

      Once-free Americans are expected to cheer because, on this one occasion, the judicial branch did its sworn-oath duty and supported the Constitution.

      The judicial branch is supposed to support the “manifest tenor” of the Constitution every single day in every single case.

      What’s wrong with this picture?

  6. Truckee College??? And MATH??? Oh My!!! I feel like that Enya Song, How Can I Keep From Doing Irish Poems????

    Add, Damnum???
    An Irish Poem by Squeeky Fromm

    There was a Professor from Truckee –
    Who wasn’t the fvck-er, but fvck-ee!
    He suffered a loss
    When he first sued his boss –
    But then, on appeal, he got lucky!

    Note 1 – Ad Damnum, aka ad quod damnum, is like a prayer for relief, and means according to the harm, or something like that.

    1. @Squeeky

      Heaven forbid someone black, brown, or gay showed up to your Enya concert (that Enya herself never endorsed). 🙄🙄

  7. Good. This guy was just talking, some of our idiot children actually break things and hurt other people, and quite willfully; afterward they go home to dinner and laundry courtesy of mom and dad. I see a sea change, it’s just going to take a long time to get to the other side, so much, much damage has been done, even just over the past five years.

    Again: reforming education is likely the most Herculean task of all, it has all been thoroughly corrupted, from top to bottom. I have zero issues with Trump stopping federal funding to universities or eliminating the Dept. of Ed. (which is younger than me – I do not know why people pretend this some storied institution written into the law of the land with blood). The louder people shriek, the more you know they were on the take and have nothing substantial to offer whatsoever, even for pogress.

    We are at a point where we have to ignore the shrieking and deal with the acting out as best we can, just as we would with actual five year-old children. Could have been avoided; nobody cared when that mattered. So here we are, and it IS going to be difficult. Very, very difficult. But we have to hold the line. I love that precedents like this one are being set. It will get to the point where the crazies will literally have to attempt a violent coup to hold on, abandoning all pretense of law, and in America, where we have a 1A and 2A, that is not going to fly. This is completely lost on our foreign friends, they do not have our protections, and the globalists would like to keep it that way.

    Europe can waste away in their delusions of imaginary freedom, we actually have it. And we have to protect it. And we will.

    1. #74. Huge college donations from middle east . Suspicious they were the laundered of trillions from graft. Who’s funding it? The Treasury and IRS.

      I suppose it’s the best effort to prove christ isn’t coming once and for all?

      Maybe He never left.

  8. Jonathan: Elon Musk is taking a lot of hits these days. Tesla is tanking, people aren’t buying the car or the trucks. And Elon is facing adverse rulings by the courts that are holding him accountable. So what are Elon’s supporters doing to defend him?

    Fox host Laura Trump stepped up to the plate. DJT’s daughter-in-law declared yesterday: “They’re attacking his character, they called him a Nazi, they’re going after his businesses, they’re vandalizing property, they’re doing any and everything they can to this man…So people ought to be kissing the feet of Elon Musk and Donald Trump for being two people to do this [cutting federal spending, closing agencies and firing federal workers]”. So “kissing the feet” of the King and his Dark Vader Prince is what Laura Trump now expects Americans to do!

    Not to be out done DJT is doing his part to defend Musk. Yesterday, DJT turned the WH lawn into a makeshift showroom for Tesla. A new Tesla car was parked there. DJT got into the driver’s seat with Elon playing the role of navigator. DJT declared he was going to buy the new car–without a discount–to show his support for Elon. DJT then said “I think he’s been treated very unfairly by a small group of people”.

    DJT is again delusional when he says only a “small group of people” oppose Musk. DJT has not looked at Tesla sales lately. They have dropped anywhere between 45% and 70% worldwide. Tesla owners are dumping their cars and trucks but they are not finding buyers–unless the owner is willing to discount the price by at least $10,000. And then there is the worldwide boycott of Tesla and large demonstrations against Musk in front of Tesla dealerships in Europe and the US. In Europe there is a large campaign against Musk. At subways entrances there are large sign reading “Don’t buy the Swasticar!”.

    But ever the hawking salesman DJT thinks people should buy Tesla cars to show their support: “You should cherish him. We have to take care of our high IQ people, because we don’t have many of them”. On that point I couldn’t agree more. There are few if any people in the WH these days with high IQs. Turning the WH into a Tesla showroom when the economy is tanking is not exactly a smart move!

    1. Thanks, Dennis. Trump also said he didn’t think Biden could drive the Tesla. Last night, Rachel Maddow played clips of Joe Biden driving his classic Corvette and another of him driving a pick up truck. She also played clips of Trump saying that EVs can’t go more than 30 miles without a charge, that they are unreliable and that they are too expensive. Of course, that was BEFORE Musk gave him $250 million. Also, by turning the White House lawn into a car lot and hawking Tesla, Trump violated federal law by selling merchandise on federal property.

      1. Gigi,
        Tesla’s can drive themself – everyone even Trump knows Biden could drive a tesla – all he would have to do is get in and sit down.
        Trump joked that Biden could not get in.

        EV’s have downsides, they also have upsides. Buy what you want.

      2. Gigi – former President Biden couldn’t find his way off a stage without being led by the hand by his wife, or helped by foreign leaders.

        There’s also a difference between people choosing not to buy a Tesla, and the domestic terrorism of assaulting Tesla owners, destroying other people’s Teslas, and burning Tesla public charging stations.

        Why do Democrats resort to violence, assault, and property damage so easily? Is there something inherently violent and totalitarian in the Democrat Party? Frankly, it’s expected, at this point.

        1. Karen S: by watching MAGA media, you get emboldened to display your MAGA mania delusions and irrational hatred of Democrats. Biden did fine–he didn’t need to be “helped” by anyone—more MAGA media indoctrination. Biden brought this country back from the brink of the worst economic disaster since the Great Depression, strengthened NATO, imposed sanctions against Russia that helped Ukraine keep it at bay, and got more legislation passed than most presidents in recent history. What makes you think it is “Democrats” who are resorting to violence against Tesla, Tesla owners and Tesla dealerships? Plenty of Republicans and those moderates who oppose Trump and who were suckered into voting for him because they believed the grocery lie are taking to the streets, calling their representatives and showing up at town hall meetings to object to Trump and Musk. The fact is, you have no idea what the political persuasions are of people who are attacking Teslas, their owners and Tesla dealerships–so why would you say it is “Democrats”? This is one example why I cannot respect you.

          CNN’s latest numbers are: “A new CNN poll has some troubling numbers for President Donald Trump on an issue central to his presidency. The survey shows that 56% of Americans are dissatisfied with Trump’s handling of the economy. According to “Variety”:

          The poll found that 62% of U.S. adults agree that Musk does not have the “right experience” to make changes to the way the government works and 61% said he does not have the “right judgment” to do so.

          In a post on his Truth Social platform Wednesday, Trump wrote, “Wow!!! People are loving Elon, a GREAT PATRIOT. Nice to see!!! DJT.” More lies from the biggest liar ever to occupy public office in this country.

          You can’t even prove that those who engage in vandalism vote Democratic, much less expand that vandalism to “the Democrat Party”. What you wrote is a lie–something you made up– along with your stupid comment “frankly, it’s expected at this point.” The only political party that directly called for violence was Republicans—January 6th.

          1. giggles always quotes “polls” from CNN, MSNBC, WAPO, etc. That should tell you everything you need to know about giggles and how smart she is(n;t)

          2. Gigi,

            nearly the entire country watched Biden’s brain farts at the June debate.
            The moment that revealed the emporer had no cloths.
            Outside of a few dingbats like you – most of the country grasp that the claims of Biden’s incompetence were obviously true.

            Yet you still are denying.

            I am sorry that Biden has dimensia – I would not wish that on anyone.

            But he has been in decline since atleast 2015.
            That is not MAGA media propoganda – even the Special Counsel incvestigating him found that.

            “Biden brought this country back from the brink of the worst economic disaster since the Great Depression”
            ROFL.

            “What makes you think it is “Democrats” who are resorting to violence against Tesla, Tesla owners and Tesla dealerships? ”
            Rather than debate the ideology of those engaged in domestic terrorism – lets just catch them and prosecute them.
            But yes, many of us beleive that these acts of demoestic terrorism are by the same groups that claimed that the man who assassinated a United Health CEO was a hero.

            “The fact is, you have no idea what the political persuasions are of people who are attacking Teslas, their owners and Tesla dealerships”
            Do I personally KNOW ? nah.
            Would I BET very large amounts of money that it is not MAGA republicans , that these are far left democracts – yup.
            But lets arrest them, prosecute them and then we will know.

            “CNN’s latest numbers are: “A new CNN poll has some troubling numbers for President Donald Trump on an issue central to his presidency. The survey shows that 56% of Americans are dissatisfied with Trump’s handling of the economy. According to “Variety””
            According to Variety ? Really ?

            “In a post on his Truth Social platform Wednesday, Trump wrote, “Wow!!! People are loving Elon, a GREAT PATRIOT. Nice to see!!! DJT.” ”

            Trump Vareity – who to beleive.
            Cease fire and peace deal in progress in Israel.
            Working towards peace deal in Ukrtaine
            Price of gas – down – lowest since Trump left office.
            Price of eggs – down.
            Bird Flu – fading.
            Inflation – headed down.
            Huge gain is jobs for private sector americans – not rigging the jobs numbers by hiring non-productive govenremtn workers, or illegal immigrants.
            DOGE finding waste Fraud and corruption – everywhere.

            “You can’t even prove that those who engage in vandalism vote Democratic, much less expand that vandalism to “the Democrat Party”. ”
            Correct – but I would bet heavily on it.
            I personally can not prove the moon is not made of green cheese – but you would challenge that ir Trump said it wasn’t.

            No republican directly called for violence – Few if any of the protestors on J6 called for actual violence.
            Some did engage in exagerated political rheotiric – just as leading democrats do all the time.

            Inciting violence is something very specific – read the requirements in Brandengurg V Ohio.

    2. Mr. Stupid, don’t you ever shut up??? Is all your snippiness because of the inflation issue, and it going down, instead of going up??? Which, is kind of Freudian, in a way, now that I come to think of it. . . Hmmm , , , !!! You deserve another Irish Poem!!!

      Hard Times, Come Again No More???
      An Irish Poem by Squeeky Fromm

      Mr. Stupid, he suffered “dysfunctions,”
      And neither the “blue pills” nor unctions –
      Could help with “inflating”,
      The part for used for mating,
      Which led to his Troll-like compunctions!!!

      Note 1. Hard Times, Come Again No More, is an old Stephen Foster song

    3. Tesla Stock
      3/12/2024 177
      3/12/2025 248

      Tesla Stock is about 40pts higher than it was immediately before the Election.
      It has dropped from its 440 high in Dec 2024. But Y/Y Musk is doing extremely well

      But lets assume Musk lost a fortune in Tesla ?
      So What ?
      Why is that your business ? Invest in Tesla or don’t.
      But an electric car or don’t.

      You really are a pretty dispicable person – not only do you take joy int he misfortunes of those you disagree with.
      But aparently you take joy in the FAK misfortunes of those you disagree with.

      BTW inflation dropped in February for the first time since June.
      Egg prices dropped. Bird flu cases are down.
      Real progress is being made on a Ukraine peace deal.
      Canada threatened to retaliate on Tarriffs and then backed down.
      NH Sen Sehan will not seek re-election – that is another prospective GOP senate pickup in 2026
      JP Morgan took measures to thwart the religious and political debanking that was going on during the Obama and Biden administrations at the direction of the executive branch.
      Greenland voted for political independence from Denmark.
      Fentanyl deaths Dropped,
      The boarder is more secure than it has ever been.

    4. People like YOU should be kissing Trump and Musks feet – not because they are king – but because they may have saved you from yourself.

    5. I do not recall anyone kissing Darth Vader’s feet at anytime in Starwars.

      Your having severe metaphor issues.

    6. The Tesla Model Y remains the top selling vehicle in the world.
      Tesla’s US market share is 42%. Ford and GM together are about 1/3 of Tesla Sales.

      Tesla sales dropped precipitously in China and the EU – because those countries are likely headed into recession.

      But again – Why do you care ?

      Do you spend your life looking for obscure statistics so that you can gloat over faux harm to someone you hate without reason ?

    7. As to the IQ’s in the Trump administration – Less than two months and we have a peace deal in Gaza, a near peace deal in Ukraine,
      inflation dropping, egg prices down. bird flu fading. border crossings down, Fentanyl overdoses down.
      Employment of americans in private jobs the highest it has been in years.

      If this is stupid – “Please Sir can I have some more ?”

      1. There is no Ukraine “peace deal”—Putin rejected it. There’s no “peace deal” in Gaza either. Egg prices keep going up. And, no— employment is lower than what was predicted. Biden did much better and he left Trump with an economy that was the envy of the world— something Trump and MAGA keep lying about.

        According to polls, Americans overwhelmingly reject Trump and his policies, his stupid tariffs, the arbitrary firing of government employees, shutting down the Department of Education, shutting down USAID, cutting off aid to Ukraine and siding with Russia. Trump keeps losing one court case after another. He has started a trade war with our closest neighbors.

        The dumb bottle blondie Trump named as AG dropped a lawsuit against Danka petrochemical in what is called “cancer alley”— why? Because the people living nearby who are dying of cancer at alarming rates are predominantly black— the dumb fake blonde cited anti-DEI as the reason for shutting down the environmental justice division that was prosecuting these polluters. This is one example of why American oligarchs set up MAGA media to convince gullible people to vote for Trump and Republicans and to spread lies.

        So the people living in cancer alley will keep on getting cancer and dying while Danka rakes in the money without fear of being held accountable for the suffering and death caused by their pollution. They not only are getting away with all the deaths they’ve already caused— they can keep right on killing people—but the victims are predominantly black— so doing something about it like the EPA laws require would violate Trump’s anti DEI agenda.

        There’s a special place in hell for this ignorant bi!ch.

        1. “There is no Ukraine “peace deal”—Putin rejected it.”
          I said a near peace deal.
          Negotiations are ongoing.
          Progress is being made
          Putin will be back – just as Zelensky left and returned.

          “There’s no “peace deal” in Gaza either.”
          A fragile one – but YES a peace deal.

          “Egg prices keep going up.”
          ROFL

          “And, no— employment is lower than what was predicted.”
          Please read what I actually wrote. I was specific and clear.
          ” Biden did much better”
          By massive govenrment hiring – all Trump’s firing so far, do not reduce the federal govenrment to the number of people it had in 2022.
          Bidenb was gaming the unemployment numbers with large numbers of government employees and illegal immigrants that he made eligable to work. Private sector employments gains were far below replacement values.

          “he left Trump with an economy that was the envy of the world”
          Correct – two things can BOTH be true at once – the US economy has been the envy of the world for most of the time since the end of WWII.
          The EU economy has been in a dark hole for the past 4_ years.
          At the same time – remove inflation from Biden’s GDP gains – and growth was feeble – much worse than Bush or Obama Far worse thatn Trump 45. Adjusting for inflation it is likely we were in a mild recession from 2022-2024.
          Household income went DOWN after inflation.

          “something Trump and MAGA keep lying about.”
          No they just compare the US economy under Biden to the economy under Trump – even with Trump’s crash and rise in 2020 – you are correct – that 2Q 2020 was the worst single qtr crash in US history. But 3Q 2020 was the greatest single qtr gain in US history. The net result was that 2020 was a wash – despite the negative impact of Covid. When Biden took office – growth for 2021 was projected to be 7% if Biden did NOTHING. Adjusting for inflation Biden’s TOTAL growth for 4 years was less than 4%. That is pretty bad.

          “According to polls, Americans overwhelmingly reject Trump and his policies, his stupid tariffs, the arbitrary firing of government employees, shutting down the Department of Education, shutting down USAID, cutting off aid to Ukraine and siding with Russia. Trump keeps losing one court case after another. He has started a trade war with our closest neighbors.”
          Only in the left demonto verse. In reality the results are quite different.

          There is no such thing as environmental justice, There is no such thing as social justice. There is only justice and it is entirely individual.

          “So the people living in cancer alley”
          There are cancer clusters all over the country. If the average rate of cancer is x/100K. Then accross 300M people there will be many places that it is X*3 and others it will be X/3. You need more than a cancer cluster to prove causation.
          BTW EVERYTHING causes cancer. All humans will get cancer if they live long enough.

          If you beleive that you got cancer from Danka – file a lawsuit. If many people beleive they got cancer from Danka – file a class action lawsuit.
          Many companies have been destroyed by class action lawsuits. If the plantiffs in such cases proved their case – that is the right outcome.
          Furthe rthose harmed are compensated.

          No need for DOJ to be involved at all. Outside of force or fraud DOJ should stay out of the private economy. They are not needed.

          I have no idea what the Truth about Danka is. Nor do you.
          But I know if there is a real case – and possibly even if there is not – they will be destroyed by mass torts.
          And if there is a real case – that is the best outcome.

          You left wing nuts are constantly under the delusion that if Government does not interfere that free markets and limited govenrment will result in horror. But the truth is that free markets and limited govenrment result in those harmed being made whole – as best as possible.
          While government intervention does not.

          “will keep on getting cancer and dying while Danka rakes in the money without fear of being held accountable for the suffering and death caused by their pollution. They not only are getting away with all the deaths they’ve already caused— they can keep right on killing people—but the victims are predominantly black— so doing something about it like the EPA laws require would violate Trump’s anti DEI agenda.”
          This is a legal blog, you are expected to know what a tort is, and what a mass tort – or class action lawsuit is.
          It is entirely false that if DOJ fails to act – that people will die.

          “There’s a special place in hell for this ignorant bi!ch.”
          I doubt Bondi is headed to hell – but YOU shoudl be seriously concerned for youself.

          You advocate for stealing all the time.

    8. Dennis:

      Can you explain why you support domestic terrorism against an electric car manufacturer, and owners of its electric vehicles, because the owner, who collaborates with NASA and holds a top security clearance, was tasked with going through the books to identify wasteful spending, and make recommendations to the President?

      Obama went through the books. Clinton went through the books.

      The movie “Dave” had a pivotal plot point where he and his accountant went through the books.

      There’s a difference between not buying Tesla, selling a Tesla vehicle, and assaulting Tesla owners, burning Tesla chargers, and destroying other people’s Teslas. The latter acts are terrorism.

      Some people really, really, don’t want government waste and politicized spending revealed.

      1. Karen S: why do you write sh*t like this?

        From CNN:

        “Elon Musk is now considered a “special government employee” by the White House. But exactly what kind of access that provides—and whether he has appropriate security clearance to access the nation’s most sensitive data—is still unclear to even top officials in the Trump administration.

        CNN’s chief White House correspondent Kaitlan Collins pressed the issue during a briefing Monday, grilling White House press secretary Karoline Leavitt as to whether the world’s richest man had received a clearance or a background check to operate within the federal government.

        “Can you confirm that Elon Musk is a special government employee?” Collins asked. “And what kind of security clearance does he have?”

        “I can confirm he’s a special government employee,” Leavitt replied. “I can also confirm that he has abided by all applicable federal laws. As for his security clearance, I’m not sure, but I can check back with you.”

        “Did he pass a background check, do you know?” Collins continued.

        “I don’t know about the security clearance, but I can check,” Leavitt repeated.

        Leavitt was also unaware as to whether Musk’s team—which consists of young people between the ages of 19 and 24—had received their own security clearances.

        “I don’t, no, but again, I can check on that for you,” Leavitt said.

        Musk never “went through the books”–he had his 19 and 20 year old tech bros demand that everyone in the federal government either resign or be fired. And, WHY do you believe there is “government waste” that is a widespread problem? There’s no proof of that either.

        1. “Elon Musk is now considered a “special government employee” by the White House.”
          False – Musk has been and many of those in DOGE have been SGE’s since the start of the Trump admin – others are regular govenrment employees. Regardless they take the same oath that all govenrment emplyees must take.

          “But exactly what kind of access that provides”
          Fairly significant access to non-classified information.

          “and whether he has appropriate security clearance to access the nation’s most sensitive data”
          Musk specifically has a TS/SCI – just as he had during the Biden presidency.
          Do you really think that DoD would put dozens of highly classified spy satellites on a spaceX rocket without everyone who got near it having extremely high clearances ?

          Regardless Musks TS/SCI was confrmed by the media DURING THE BIDEN ADMIN.
          There was even a govenrment lawsuit involving clearances at SpaceX

          “is still unclear to even top officials in the Trump administration.” No it is unclear to CNN and you.

          I would note if Musk had absolutely no clearance. The president can just say – YOU HAVE ACCESS TO EVERYTHING – and he would.
          All clearances come from the president – read the constitution – national security is the near exclusive domain of the president.

          All your WH press nonsense is just left wing nut political theater.

          It is not the WH press secretaries job to know who in government has what clearances.
          I would further note that security clearances are NOT public record.
          Who has security clearances is itself classified. You do not want hostile foreign powers to know who to target.

          I would separately note that all of this was addressed in the IRS access lawsuit – and the court ultimately found that DOGE had the access that it needed and the TRO was lifted and they are proceding.

          “Musk never “went through the books””
          There are no actual “books” that is the term used today – in any financial operation for reviewing computer financial records – that is what DOGE is doing.

          “he had his 19 and 20 year old tech bros demand that everyone in the federal government either resign or be fired.”
          no there are about 3M govenrment employees, less than 10% have resigned, been ROF’d or fired.
          And it was not done aribitrarily. DOGE developed a variety of means to determine quickly whether people were doing their job.

          ” And, WHY do you believe there is “government waste” that is a widespread problem? There’s no proof of that either.”
          First in 2011 in the Obama administration – people beleived there was 1/6T in federal waste and fraud per year – and Biden was appointed by Obama to do a version of DOGE. But Biden did next to nothing.

          Most americans beleive there is large scale waste and fraud in the federal govenrment.

          Actual economic data gathered by harvard economist Robert Barro – almost 2 decades ago established that almost 75% of govenrment spending is waste.

  9. Arthur, below, made a very good comment. It ties into something I was wanting to say. I ordered a book, None Dare Call It Treason, by John Stormer, 25th Anniversary Edition, (1992). There are about 21 of them left out there, for around $7 each. The later edition contains all the previous edition, plus additional material. You have to be prepared to discount up to about 25% of the contents, due to bad sourcing, and opinions stated as facts. But like I always said, there may not be a Communist behind every tree, but there are plenty of Communists behind plenty of trees. What is great about the book, is some of the source material and excerpts.

    I found out that Walter Trohan (former Chief of the Chicago Tribune, Washington Bureau) wrote a book, in 1951, called The Decline of the Fourth Estate. It is not yet out of copyright, and there seems to be no copies out there. Anyway, he said:

    In Washington, where a thousand newspapermen ply their trade, there is mounting suspicion that members of the press have begun to grow weary of the exacting watch-dog role and have been attaching themselves to the First Estate, the ruling class.

    The simple truth is that the press has given up on fact-hunting for the less arduous and frequently more profitable role of interpreting what has gone before and predicting what is to come, in conformity with the Administration’s pattern.

    It is not difficult to convince a reporter that it isn’t the news, but the way he writes it that counts. Especially when he finds that

    1. those who hew the line most consistently are acclaimed as journalistic greats. . . and when he becomes aware that Pulitzer Prizes go to reporters taking handouts from law firms defending loyalty suspects or from a foreign nation.”

      So the rot has been there for close to 75 years, at least

      1. Another thing I learned about is the Battle of Newbergh – a 1963 NBC White Paper. Supposed, the crying man was paid $50 bucks to cry and to make his kids look worse. I am watching it now:

        1. Precisely!

          The singular American failure is the judicial branch, with emphasis on the Supreme Court.

          The entire communist American welfare state is unconstitutional including, but not limited to, admissions affirmative action, grade-inflation affirmative action, employment affirmative action, quotas, welfare, food stamps, minimum wage, rent control, social services, forced busing, public housing, utility subsidies, CRT, DEI, WIC, SNAP, TANF, HAMP, HARP, TARP, NPR, Health and Human Services, Housing and Urban Development, Environmental Protection Agency, Agriculture, Education, Labor, Energy, Obamacare, Social Security, Social Security Disability, Social Security Supplemental Income, Medicare, Medicaid, “Fair Housing” laws, “Non-Discrimination” laws, etc.

          Article 1, Section 8, provides Congress the power to tax for ONLY debt, defense, and “general Welfare” – ALL or THE WHOLE WELL PROCEED through governmental provision of security and basic infrastructure – omitting and, thereby, excluding any power to tax for individual Welfare, specific Welfare, particular Welfare, favor or charity. The same Article enumerates and provides Congress the power to regulate ONLY the Value of money, Commerce with foreign Nations, and among the several states, and with the Indian Tribes, and land and naval Forces.

          Further, the 5th Amendment right to private property was initially qualified by the Framers and is, therefore, absolute, allowing no further qualification, and allowing ONLY the owner the power to “claim and exercise” dominion over private property.

          Government exists, under the Constitution and Bill of Rights, to provide maximal freedom to individuals while government is severely limited and restricted to facilitating that maximal freedom of individuals through the provision of security and infrastructure only.

          The Necessary and Proper Clause is nothing more than a perfunctory redundancy for the purposes of clarification—a reinforcement of that which was previously codified—and may not be wielded to amend and impose separate acts that do not represent but alter the letter and spirit of the Founders and Framers.

  10. Jonathan, the people of America no longer give 2 fracks about the Democrats and their cult oracles in the MSM

    Once-upon-a-time mega stars like Don Lemon and Jim Acosta, formerly of CNN, and former MSNBC anchors like Joy Reid have all departed their networks in recent years, their farewells relegating them to the world of podcasts and blogging.

    Lemon, who CNN fired in 2024, raised eyebrows in late February when he tore through the New York city subway system showing straphangers pictures of memes on his phone in a stunt that some critics labeled as desperate and bizarre.

    Another one of Lemon’s former CNN colleagues, Jim Acosta, seems to be handling his network departure even more poorly.

    Acosta, who left the network and pivoted to his Substack blog after CNN tried to move his poorly-rated show from 10am to midnight, recently implored his media colleagues to stop covering Trump.

    “Saying that you shouldn’t cover Trump is just ludicrous,” Dan Turrentine, a former Democratic strategist who now co-hosts a popular interactive news show on the “2Way” platform, told the Caller.

    “He’s the president of the United States. He’s the leader of our country, and we happen to be the most powerful country in the world. It’s just silly to not cover him. Are you gonna put your head in the sand and just wait four years? Like, it’s just idiotic,” he continued.

    Acosta has managed to cobble together a fairly large following on the platform — over 270,000 subscribers to date. But his partisan bent has rendered his coverage to one particular silo of the political spectrum, restricting his broader reach.

    A media clipper shared a recent hour-long podcast Acosta recorded featuring former Trump fixer Michael Cohen. The clip has under 27,000 views on X as of Tuesday afternoon.

    The inability for current and former cable news stars to objectively cover Trump is likely a prime factor in their network’s declining ratings, Turrentine also pointed out.

    “I think there is this kind of reckoning that a lot of people in the media and a lot of Democrats — and those two circles are concentric … In many instances they just refuse to understand Donald Trump, they refuse to just hear anything he has to say, to study why he is successful, to have respect for why he is successful,” Turrentine said.

    Turrentine also noted that former network stars like Lemon and Acosta are now struggling to attract independent audiences as they try to adapt to a new media landscape, a point which a fellow media critic from across the aisle concurred with.

    “It goes to show just how much these powerful corporate liberals are reliant upon their 20-something staff members to basically direct their movements and tell them what to think and how to act,” Curtis Houck, the Managing Editor of NewsBusters, told the Caller. “It just screams that you had all these people propping them up, and now they’re kind of left on their own to function, and it just doesn’t seem very appetizing,” he continued.

    One terminated CNN personality, however, has managed to return to relevancy on the back of a bipartisan approach.

    CNN fired former star anchor Chris Cuomo for the way he covered his own older brother, former New York Governor Andrew Cuomo, during the Covid-19 pandemic. But the younger Cuomo landed on his feet as an anchor on NewsNation, where he regularly hosts alternative voices on his eponymous show “Cuomo.”

    While the smaller NewsNation network pales in comparison to Fox News, CNN or MSNBC, Cuomo still landed a multi-year deal while maintaining a strong presence on the independent circuit.

    Mark Halperin, Turrentine’s 2Way co-host, has also garnered intrigue and investment in his new platform. Years after NBC News ousted the longtime producer, Halperin has generated buzz around his twice-a-day show by engaging with all sides of the political spectrum.

    Other network emigres have not been so lucky.

    Chris Cillizza, who CNN let go in 2022, has been publishing consistently on Substack but has fewer than 30,000 subscribers on the platform. Compared to popular independent reporters like Matt Taibbi, who has over 500,000 subscribers, or even Acosta, Cillizza is lagging behind.

    “The number of people who were closely following me leaving CNN, tracked me to Substack and/or YouTube and immediately became paying subscribers was, well, humbling-ly small,” Cillizza himself admitted in a Substack post.

    Chuck Todd, a former top NBC anchor who hosted “Meet the Press” for almost 20 years, is trying to keep his name in the zeitgeist by appearing as a regular guest on a former competitor, CNN, which enjoys far worse ratings than his former employer.

    Acosta, Lemon and even Joy Reid, whose Substack has become a top paid page in the wake of her MSNBC exodus, have managed to bring a bulk force over to their new independent homes, but they aren’t making waves outside of their online bubble. Few seem to be turning to these ex-cable stars as a necessary part of their regular news diet. This, Houck argues, is likely because they aren’t doing real journalism.

    “If they were serious independent journalists, where’s the investigative work?” Houck asked. “You look at Don Lemon, and all he’s doing is reading the comment section like a desperate teenage girl looking for affirmation.”

    https://dailycaller.com/2025/03/11/left-darling-cable-stars-don-lemon-jim-acosta-chuck-todd-catherine-herridge-scott-jennings/

    reading the comment section like a desperate troll seeking attention. That is our little Dennis

  11. Jonathan: The 9th Circuit Court of Appeals has struck a blow for the “free speech” rights of professor Lars Jensen. I have no problem with that decision.

    But I’m curious. Why did you ignore a much more important ruling by the same court? On 2/19 a 3-judge panel of the 9th circuit, composed of a DJT appointee, one appointed by Jimmy Carter and another appointed by George W. Bush, unanimously rejected DJT’s emergency appeal of a Washington state federal judge’s decision that DJT cannot rewrite the 14th Amendment by denying birthright citizenship. The panel said: “This is not a case about ‘immigration’. It’s about citizenship rights that the Fourteenth Amendment and federal statutes intentionally and explicitly place beyond the President’s authority to condition or deny”.

    And in another important decision yesterday by the 1st Circuit Court of Appeals, which you also ignore, that 3-judge panel also unanimously agreed with the 9th Circuit. So now we have two courts of appeal who have ruled that DJT cannot rewrite the Constitution with a stroke of his pen. No doubt DJT will try to appeal to the SC hoping “his” court will declare him the “King”. I seriously doubt even the right-wing of the Court will want to go that far.

    So why do you ignore two very important decisions by two different Courts of Appeal on a fundamental constitutional issue? I suppose silence is bliss!

    1. JURISDICTION TO COMPEL PARENTS TO JURY DUTY

      “The UnConstitutionality of Citizenship by Birth to Non-Americans”

      The constitution of the United States does not grant citizenship at birth to just anyone who happens to be born within American borders. It is the allegiance (complete jurisdiction) of the child’s birth parents at the time of birth that determines the child’s citizenship–not geographical location. If the United States does not have complete jurisdiction, for example, to compel a child’s parents to Jury Duty – then the U.S. does not have the total, complete jurisdiction demanded by the Fourteenth Amendment to make their child a citizen of the United States by birth.

      The framers succeeded in their desire to remove all doubt as to what persons are or are not citizens of the United States. They also succeeded in making both their intent and construction clear for future generations of courts and government. Whether our government or courts will start to honor and uphold the supreme law of the land for which they are obligated to by oath, is another very disturbing matter.

      – P.A. Madison, Former Research Fellow in Constitutional Studies, February 1, 2005

    2. Why is Turley ignoring a decision that is predictable and pretty far afeild of the core topic of this blog – free speech ?

      The question answers itself.

      Regardless the Trump Birthright citizenship EO is the ONE Trump EO that is with near certainty going to be obliteraded by the courts.
      Not only is it at odds with the constitution and SCOTUS precident,
      but it is improper for an EO. Not only can’t you change the constitution by EO, you can not change or make law by EO.
      EO’s are directives to the executive branch – not the nation. They are only valid to the extent they dictate how the executive should act.

      Next contra many on the right – Birthright citizenship is a non-issue – there are not millions avoiding deportation by having a baby in the US.
      In fact having a child in the US would not prevent deportation.

      But nations without birthright citizenship have even worse problems than the US. \

      This EO has always been a throw away – red meat for his base.
      It is going nowhere.

      But it DOES send a message – both to Trump’s base and to potential illegal immigrants, that Trump is very serious about illegal immigration.

    3. “So why do you ignore two very important decisions by two different Courts of Appeal on a fundamental constitutional issue? I suppose silence is bliss!”

      False – we had two boring and predictable decisions.

      You seem to beleive that if you prove Trump gets it wrong once – that he must be always wrong.

      Other posters here do not call you Dennis McInliar – because you were wrong ONCE,
      But because you lie constantly.

  12. Speaking of freedom of speech. It seems Turley is strangely quiet about the Khalil arrest. It’s the biggest free speech issue dominating the news and Turley is staying silent? No critique of Trum trampling on free speech rights?

    You would think Turley would be among the first to defend Khalil even FIRE is criticizing the Trump adminstration for it’s blatant violation of Khalil’s free speech rights. Turley is a fan of FIRE. Surely he is opposed to the Trump adminstration’s clear attempt to censor speech by threatening deportation. Come on Turley, where’s the well deserved criticism?

    1. Quiet huh? Maybe he’s drafting a post. Or maybe its not worth addressing? Couldn’t have figured that out by yourself.
      Think before ranting.
      Oh, your off topic as usual.

    2. “. . . the Khalil arrest.”

      When you are a guest in this country, you don’t get to agitate for terrorism and stay in this country.

      1. Exactly. George pretends it’s about free speech, totally ignoring that Khalil was involved in incitement, harassment, property destruction, interference with university operations, and the like. He lied on his visa application, saying he just wanted to be here to study. George is not fooling anyone.

        And I hope Turley does write a column where he can point out how Khalil’s case is vastly different from a free speech case.

        1. George suffers from the Dunning-Kruger effect. He read a few lines on a leftist website and now thinks he is an expert and his opinion is the only valid opinion. Everyone else recognizes it is not a slam dunk because no one has complete information. That demonstrates the Dunning-Kruger effect is strong in George-Svelaz.

    3. #74. Kahlil is a product of hate and death. He’s a demonic force last seen in Nazi Germany. The middle east has poured billions of dollars into US colleges unreported to the DOE.

      Demons aren’t welcome. Give him a party cruise home. His wife can go with him. No one will.stop her.

    4. Treason – adhering to their Enemies, giving them Aid and Comfort.

      This direct and mortal enemy of the United States should be Drawn and Quartered at dawn.

    5. DOJ’s claim is that Khalil is being deported for CONDUCT – not speech.

      If they can prove that – Khalil will be deported.
      If they can’t he won’t.

      This is not a big case.
      I expect Turley to defend Khalil’s right to free speech.
      I will defend Khalil’s right to free speech – even if what he has said is despicable.

      But if DOJ demonstrates that he incited violence or planned violence or participated in violence – then he will be deported.

      The courts are NOT going to deport Khalil if there is no proof of something beyond protected speech.

      “FIRE is criticizing the Trump adminstration for it’s blatant violation of Khalil’s free speech rights.”
      Again – if the deportation is purely about speech – Trump will lose.
      I would be very surprised if that is the case.

      I am not taking a position yet – and I suspect Turley is not either – because Khalil was CLEARLY entwined with those engaged in violence.
      We have not yet been able to determine if Khalil went beyond protected speech.

      I do not want to be defending Khalil only to have video show up if him beating up jews.

      “Turley is a fan of FIRE.”

      AS am I – but I can wait to see if DOJ has evidence of Conduct.
      “Surely he is opposed to the Trump adminstration’s clear attempt to censor speech by threatening deportation.”
      DOJ’s claim is that Khalil is being deported for his participation in violence.

      We KNOW there was lots of violence at events he was associated with.
      We do not KNOW if DOJ has connected the dots – as hey say they have.

      Regardless the Trump administration is NOT claiming to seek to censor speech – just to keep it peaceful.

      There can be no Well deserved criticism until it is determined whether Khalil did more than engage in protected speech as DOJ claims.

  13. So the professor points out how absurd it is to allow remedial math count toward college credit and the dean tries to punish him for it? Just more progressive policies that lower the standards, push people along through the system and do not give them the knowledge and tools in life to succeed. What would be even more twisted is if she did it just for the money and not the progressive agenda.

  14. the ruling should include FIRING the people who punished him!
    Time to END federal aid to colleges and students….it isn’t being used well!

    1. Firing huh? You dumba$$. You know nothing about employment law. You are a Nazi if ever their was one.

      1. IANAL, but it seems for too long we have had a system where those who bring such punishments either received a small fine (which they don’t always pay out), or no punishment at all. Looking at the #MeToo and divorce courts, mostly, but it is present at all levels of the Circuits.

    2. Fire? Why? Somebody doing their job within the bounds of their authority? Initiate or change school policy with the board.
      That’s what court are for, to regulate the gray area in employment law.
      This case is not about conservative vs liberal.

    3. So penalize a school administrator for doing what she held to be appropriate within the bounds of her position, because you don’t like it?

      1. I agree with not firing, but it looks like she violated the First Amendment. That is not within the scope of her employment.

        1. What about all the other Americans whose constitutional rights, freedoms, privileges, and immunities have been denied?

          For example, Goofy Gavin Newscom seized private property to “claim and exercise” dominion over it and set wages for the most unskilled of unskilled workers, hamburger flippers, at $20 per hour.

          Karl Marx eliminated private propriety and so did Comrade General Secretary Goofy Gavin Newscom et al.

          The singular American failure is the judicial branch, with emphasis on the Supreme Court.

  15. Dear Mr. Turley, for years I had given up on the 9th Circuit Court, as it seemed so hopelessly lost in liberalism. I am glad for this small, but important victory for free speech. Imagine the nerve of someone telling their employee there would be consequences in “disobeying”. Frightening!!!

  16. Judging by the Ninth’s ruling, the lower court appears constrained to uphold Professor Jensen’s claim to free speech. I think that’s a good thing. Too bad Judge Hicks was a Bush appointee (may he rest in peace).

    1. #74. JCs have faced this reality for 15-20 years. It had become 2 more years of high school. Some students took a GED out of high school at grade 10, 16 years old and enrolled in college straightaway not wanting to waste time. Smart kids…

      Yes, this teacher’s free speech is critical. It’s very common in all workplaces. You stick with what the boss wants and likes.

      1. #74. Isn’t it possible to take remedial math as an elective? In such a case it would be college credit. What about remedial American History as an elective?

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