Colorado’s tourism slogan, “it’s our nature,” has a menacing meaning for free speech advocates. Colorado is now arguably the most anti-free speech state in the union, pushing an array of measures attacking those with opposing social and political views. The irony is that the state has proved a bonanza for free speech with spectacular legal failures that reaffirmed rather than restricted the First Amendment. Now, the Democratic legislature and governor are back with new unconstitutional measures, including a requirement that lawyers not share information with federal immigration officials as a condition for filing with state courts. Continue reading ““It’s Our Nature”: Colorado Doubles Down on New Assaults on the First Amendment”
Category: Columns
Below is my column in the Hill on the expected reaffirmation of birthright citizenship by the Supreme Court after the oral arguments in Trump v. Barbara. The question raised in the column is whether such a decision should be the final word on the subject or whether we should have a national debate on a possible new citizenship amendment. Some countries among the minority recognizing birthright citizenship had such debates and decided to reject it. Polls indicate that most Americans support birthright citizenship. If so, an amendment would obviously fail. However, it may be time to have such a national debate.
Here is the column: Continue reading “The 28th Amendment: Is it Time for a New Amendment on the Meaning of Citizenship?”
Former Vice President Kamala Harris is rallying Democratic donors to oppose “additional justices” that might be nominated by President Donald Trump “before they happen.” Harris is heralding the fundraising by Josh Orton, president of the dark-money group “Demand Justice” (made infamous for its campaign to get Justice Stephen Breyer to resign). Demand Justice has pushed a radical agenda, including court packing.
Below is my column on Fox.com on the removal of Attorney General Pam Bondi and the start of one of Washington’s favorite sports lines: the cabinet sweepstakes. The city is in a frenzy over who will replace Bondi in a job that has everything but job security.
Here is the column: Continue reading “Help Wanted: Trump Offers Cabinet Position With Perks, Power, and Zero Job Security”
Below is my column in the New York Post on the termination of Chicago Bulls guard Jaden Ivey after his posting of religious views on social media. The controversy should allow for a broader debate on the endorsement of political and social causes by sports teams while gagging players and coaches with opposing views.
Here is the column: Continue reading “Poison Ivey: Chicago Bulls Release Forward After He Speaks Out Against Pride Month”
Justice Ketanji Brown Jackson is again warning of a growing threat to the nation. In her lone dissent in Chiles v. Salazar, Jackson observed that “to be completely frank, no one knows what will happen now.” The ominous tone stemmed from the fact that free speech had prevailed over state-imposed orthodoxy in a Colorado case. Eight justices, including her two liberal colleagues, ruled that Colorado could not prevent licensed counselors from “any practice or treatment” that “attempts or purports to change” a minor’s sexual orientation or gender identity. Continue reading ““No One Knows What Will Happen Now”: Justice Ketanji Brown Jackson Warns Against Unbridled Free Speech “
Below is my column in the Hill on the argument this week in Trump v. Barbara, the birthright citizenship case. There are good-faith arguments on both sides and lawyers are divided on the question. For that reason, the most notable brief may have been the amicus brief of the American Bar Association, which filed a strident defense of birthright citizenship.
Here is the column: Continue reading “Whatever the Ruling on Birthright Citizenship, ABA will likely be the Biggest Loser”
Below is my column in the New York Post on the California verdict against Google and Meta. Google’s “Don’t Be Evil” went from a motto to a jury verdict. The jury clearly believed that these companies were malicious and manipulative toward minors, but there remain considerable questions over the basis for the liability of social media companies.
Here is the column: Continue reading ““Don’t Be Evil”: Google’s Motto Becomes a Jury Verdict in Calfornia”
The University of Southern California (USC) is under fire after canceling the California gubernatorial debate with less than 24 hours’ notice. The reason? None of the polling candidates are people of color. It was a crushingly revealing moment in a state where universities have long defied voters who demanded an end to affirmative action in admissions. Continue reading “USC Cancels Gubernatorial Debate Due to Absence of Candidates of Color”
Below is my column in The Hill on the news that former FBI Director James Comey has been subpoenaed in Florida as part of the Russian collusion investigation. Yes, there was a Russian collusion conspiracy, but not the one that the media relentlessly pushed during the first Trump term.
Here is the column: Continue reading “Truth Will Out: A Grand Jury Investigates the Real Russian Collusion Conspiracy”
Below is my column on Fox.com on the victory this week of Joseph E. Foreman, aka “Afroman,” in defending a lawsuit brought by police officers who raided his house. While perhaps lost in the theatrics, the Foreman verdict was a victory for free speech in protecting the right to parody government officials.
Here is the column: Continue reading ““Will You Help Me Repair My Door?”: Rapper Afroman Wins Major Free Speech Verdict”
Below is my column in Fox.com on the recent public account by former FBI Director James Comey on how he sang Beyoncé’s “Sandcastles” to FBI officials in a classified briefing. If true, the story shows another instance where Comey appears to have disregarded security protocols for personal reasons. Comey, who found Hillary Clinton was “extremely careless” in handling classified and sensitive information appears to have a musical exception for sharing code names. It appears that it cannot be classified if it is karaoke.
Below is my column in The Hill on the recent significant victory for free speech out of the United States Court of Appeals for the Ninth Circuit. It is a story of how this little first-grade girl schooled her principal and a federal judge on the essence of free speech.
Here is the column: Continue reading “How a First-Grader Taught Her School District and a Federal Judge about Free Speech”
Below is my column on Fox.com on the land dispute of Gov. Josh Shapiro. The only thing murkier than the legal merits is the political implications of the litigation. Welcome to the intersection of adverse possession and American politics.
Here is the column: Continue reading “The Adversity of Josh Shapiro: Pennsylvania Governor Claims Neighbor’s Property to Build Fence”
Below is my column on Fox.com on the new push by Democrats to impose a wealth tax nationally. While the proposal currently focuses on billionaires, this legislation would be a test case for the federal courts in asserting this new and unlimited tax authority. If allowed, Congress would then be able to set any wealth level for special taxation. At the same time, Democrats in states from Washington to Virginia are moving to impose a ten percent millionaire’s tax on income.
Here is the column: Continue reading “Eat the Rich: Sanders and Khanna Introduce Federal Billionaires Tax”