Author: jonathanturley

Academia, Constitutional Law, Free Speech

Clovis Community College Loses Critical Decision over Free Speech

Clovis Community College in California lost a major ruling in its effort to quash a free speech lawsuit by students censored by the school. U.S. District Judge Jennifer Thurston  granted a preliminary injunction against the college, which requires a finding of a substantial likelihood of prevailing on the merits. The college ordered the removal of flyers promoting Freedom Week in November 2021, a week in which student groups oppose socialism and support conservative causes. Continue reading “Clovis Community College Loses Critical Decision over Free Speech” →

Uncategorized

Res Ipsa Hits 64,000,000

crowd vj dayThis morning, Res Ipsa passed the 64,000,000 mark in views on the blog. We have used these moments to give thanks for our many regular readers around the world and share our traffic data to give you an idea of the current profile of readers around the world. We do not have a running data page so these periodic postings allow our community to see the traffic profile of our blog. So let’s get at it. Continue reading “Res Ipsa Hits 64,000,000” →

Columns, Congress, Politics

Swalwell’s Opposition to Parental Rights is Wrong Legally, Medically, and Politically

Below is my column in Fox.com on the Swalwell attack on parents seeking a greater voice in the education of their children. We discussed the tweet earlier and how it makes a curious argument based on legal and medical standards for clients and patients.

Here is the column:

Continue reading “Swalwell’s Opposition to Parental Rights is Wrong Legally, Medically, and Politically” →

Academia, Free Speech

Hastings College of Law Bars the “Heckler’s Veto” in Defense of Free Speech
For years, some of us have called upon schools to impose stricter rules against students or faculty disrupting classes or events by shouting down speakers or preventing them from being heard. While some law professors and legal sites have supported such cancel tactics, the University of California Hastings College of the Law has joined those schools in barring the use of what is loosely called the “heckler’s veto.” It is now routine for protesters to prevent others from hearing opposing views and there are often allegations that some schools quietly allow the use of the heckler’s veto. 

Continue reading “Hastings College of Law Bars the “Heckler’s Veto” in Defense of Free Speech” →

Constitutional Law, Courts, Criminal law, Free Speech

The Cuties and the “Younger” Doctrine: Netflix Prevails in Key Federal Ruling Over Controversial Movie

I previously wrote a column opposing calls by GOP members for a federal investigation of Netflix and the movie “Cuties” (or Mignonnes). Now, federal Judge Michael Truncale (left) has issued a preliminary injunction in the Eastern District of Texas to stop the prosecution of the company. The move is relatively rare since the Younger abstention doctrine ordinarily shields state prosecutions from such interventions of federal courts. However, the court highlighted deep flaws in the prosecutorial case. Continue reading “The Cuties and the “Younger” Doctrine: Netflix Prevails in Key Federal Ruling Over Controversial Movie” →

Congress, Free Speech, Media

“Always Risky to Attack Members of Congress”: Reporter Warns Musk Not to Run Afoul of Democratic Members

Twitter LogoIn a stark warning from a reporter, Politico’s Sam Stein weighed into a dispute over the verification of a fake account for Senator Ed Markey (D., Mass.), who has demanded answers from Elon Musk. Liberals are using such verification problems to attack Musk for threatening to restore free speech protections to Twitter. When Musk mocked Markey’s letter, Stein ominously warned that it is “[a]lways risky to attack members of congress. Especially risky with Dems assured of Senate power. Curious play by Musk here. He has many interests before Congress.” For many of us, it was a chilling message coming from a reporter that you would be wise not to risk the ire of powerful politicians.

Continue reading ““Always Risky to Attack Members of Congress”: Reporter Warns Musk Not to Run Afoul of Democratic Members” →

Constitutional Law, Media, Politics

Are Runoffs Racist? The Media Coverage Ignores the Democratic Purpose of Runoffs

Below is my column in the Hill on the Georgia runoff and how media stories have focused on the runoff as a racist invention. As a long-standing advocate of runoffs, I view the majority requirement for election as not just an enhancement but an embodiment of democratic values. Indeed, with the mantra this election that “democracy is on the ballot,” one would think that both parties would support such runoffs not just in Georgia but throughout the country.

Here is the column:

Continue reading “Are Runoffs Racist? The Media Coverage Ignores the Democratic Purpose of Runoffs” →

Congress, Lawyering, Torts

“Please Tell Me What I’m Missing Here”: Eric Swalwell’s Curious Case Against Parental Rights

Parental rights are becoming one of the defining issues for 2024. Building from Glenn Youngkin’s 2021 gubernatorial victory in Virginia, school boards races and educational initiatives have become some of the most fiercely contested areas on local and state ballots. Rep. Eric Swalwell (D., Cal.) weighed in this week into the area with a curious attack on parents demanding more say in the education of their children. The California Democrat insisted that it is akin to “Putting patients in charge of their own surgeries? Clients in charge of their own trials?” These were curious analogies to draw since patients and clients are in charge of the key decisions in their surgeries and trials. What Rep. Swalwell is missing is called informed consent.

Continue reading ““Please Tell Me What I’m Missing Here”: Eric Swalwell’s Curious Case Against Parental Rights” →

Criminal law, Free Speech, International

Erin Go Britain? Ireland Considers Enacting a Bill Criminalizing the Possession of Hateful Material

We recently discussed a troubling conviction in Great Britain of a man for his “toxic ideology.” Now Ireland appears ready to replicate that case a thousand fold. The proposed Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 would criminalize the possession of material deemed hateful. It is a full frontal assault on speech and associational rights. The law would allow for sweeping authoritarian measures in defining opposing viewpoints hateful. Ireland appears to be picking up the cudgel of speech criminalization from Britain, an abusive power once used against the Irish.

Continue reading “Erin Go Britain? Ireland Considers Enacting a Bill Criminalizing the Possession of Hateful Material” →

Torts

Crossfire: Alec Baldwin Countersues Over “Rust” Fatal Shooting

We previously discussed the litigation and criminal investigation surrounding the fatal shooting on the set of “Rust.” Alec Baldwin and others are being sued for negligence in the death of cinematographer, Halyna Hutchins. Now Baldwin has filed a countersuit against the first assistant director, armorer, ammunitions supplier and prop master in Los Angeles Superior Court. The case may turn dramatically on California’s comparative negligence rules. Continue reading “Crossfire: Alec Baldwin Countersues Over “Rust” Fatal Shooting” →

Academia, Free Speech

“Your Words are Violence!”: Coulter Cancelled at Cornell
This week, we saw another incident of protesters shutting down an event to prevent others from hearing opposing views. At an event with commentator and author Ann Coulter, one protester yelled “Your words are violence.” It is the latest example of how some on the left are treating free speech as harm on college campuses. Unlike many other incidents, however, Cornell has stood by the right of the student group, Network of Enlightened Women, to hold the event and pledged to hold students accountable for the cancellation of the speech.

Continue reading ““Your Words are Violence!”: Coulter Cancelled at Cornell” →

Academia, Constitutional Law, Free Speech

“China Was Right”? A Response to Professor Jack Goldsmith

Harvard Professor Jack Goldsmith has penned a column this week contesting my characterization of his past call for limiting free speech on the Internet.  Professor Goldsmith insists that when he and Professor Andrew Woods said “China was right” about such controls, he was not advocating censorship or in any way opposing free speech. I felt that I should respond. There are views that Professor Goldsmith and I share. I regret that we are at loggerheads over free speech, but this disagreement highlights a growing divide among academics and advocates over censorship.

Continue reading ““China Was Right”? A Response to Professor Jack Goldsmith” →

Congress, Constitutional Law, Courts

“Not Ruled by an All-Powerful Executive”: Federal Judge Declares Biden Loan Forgiveness Unconstitutional

We have previously discussed how the Administration stretched the 2003 Higher Education Relief Opportunities for Students (HEROES) to the breaking point as the basis for waiving roughly half a trillion dollars in debt owed to the public in college loans. Now, U.S. District Judge Mark Pittman of the Northern District of Texas has issued an opinion declaring that President Joe Biden violated the Constitution in unilaterally forgiving the debt before the midterm election. Judge Pittman wrote “[i]n this country, we are not ruled by an all-powerful executive with a pen and a phone.” It was former President Barack Obama who defied Congress with unilateral actions and declared that he would go it alone if needed because “I’ve got a pen, and I’ve got a phone.” Continue reading ““Not Ruled by an All-Powerful Executive”: Federal Judge Declares Biden Loan Forgiveness Unconstitutional” →

Columns, Congress, Constitutional Law, Media, Politics

“Giddy” as All Get Out? The Winners and Losers in a Shift in Control of Congress

Below is my column in the New York Post on why the self-described “giddy” White House might want to consider the impact of a loss of one or both houses of Congress. While many are still debating who will prevail in contested districts or states, the shift in power could produce its own “winners and losers.” Indeed, the President may find himself as giddy as all get out if he loses control of the House and possibly the Senate.

Here is the column:

Continue reading ““Giddy” as All Get Out? The Winners and Losers in a Shift in Control of Congress” →