Category: Columns

“Rage Bait” May Be the Word of the Year, But Free Speech Remains the Target

Below is my column on Fox.com on the Oxford University Press selecting “rage bait” as the word of the year. It is certainly fitting for our age of rage, but it is a term that has a more negative implication for the free speech community. It is often used to criticize social media sites allowing or favoring such postings. Rage bait may be the word of the year, but make no mistake about it: free speech remains the target.

Here is the column: Continue reading ““Rage Bait” May Be the Word of the Year, But Free Speech Remains the Target”

It is Time to End Our Sedition Addiction

Below is my column in USA Today on the revival of sedition as a speech crime in the United States. Despite my criticism of the Democratic members of Congress over their recent message to American military personnel, this is not a prosecutorial offense and would collapse quickly in court. More importantly, it is the return of a crime long ago criticized by James Madison as a “monster” that should not be prosecuted in the United States.

Here is the column: Continue reading “It is Time to End Our Sedition Addiction”

Trump Did It: Wasserman Schultz Accuses the President of Causing the Shooting of National Guard Members

Rep. Debbie Wasserman Schultz (D-FL) has long performed a key role for many on the left. When there is an argument barred by decency or decorum, Wasserman Schultz is happy to make it, from attacking journalists in her defense of censorship to attempting to rig an election and bar Republicans from ballots as part of her defense of democracy. However, on Friday, the Florida representative set a new low in American politics: attempting to assign some of the blame for the shooting of two National Guardsmen on President Donald Trump. Continue reading “Trump Did It: Wasserman Schultz Accuses the President of Causing the Shooting of National Guard Members”

Willis Circus Ends as “Reasonable Minds” Prevail in the Final Dismissal of the Trump Case

In her sometimes bizarre and often combative testimony, Fulton County District Attorney Fani Willis explained, “I just think men and women think differently.” At least when it comes to Pete Skandalakis, she is demonstrably correct.  Serving as Willis’s replacement after her removal from the Trump case for personal misconduct in hiring her former lover as lead prosecutor, Skandalakis found the case against Trump and his associates worthy of dismissal. In so doing, he suggested (as did many of us) that the entire foundation for the case was flawed from the outset. Continue reading “Willis Circus Ends as “Reasonable Minds” Prevail in the Final Dismissal of the Trump Case”

Try Again: Federal Court Dismisses Comey and James Indictments

If we are living in an age of lawfare, this is fast becoming a war of attrition. The dismissal of the indictment of James Comey and Letitia James is the latest twist in the controversial prosecutions of Trump antagonists.

Letitia James immediately posted her own message celebrating the decision, but she may want to focus on the prepositional phrase after the word dismissal: without prejudice. The Administration may still be able to resuscitate these cases. Continue reading “Try Again: Federal Court Dismisses Comey and James Indictments”

The Selective Outrage of Judge James Boasberg

Below is my column in The Hill on two controversies involving Chief Judge James Boasberg this week in Washington, D.C. Both involve claims that branches undermined or intruded on the authority of another branch. However, these separation-of-powers conflicts produced strikingly different responses from Judge Boasberg. It seemed that the court’s concerns depended greatly on whose ox was being gored in a tripartite contest.

Here is the column: Continue reading “The Selective Outrage of Judge James Boasberg”

How to Reverse the Dumbing Down of American Higher Education

Below is my column in The Hill on universities reporting soaring grade inflation and failing academic standards. Some of us have been writing about this trend for years, but there is little sign of commitment from departments that they are willing to take action to restore academic standards. Any solution will require a national compact of willing schools, a critical mass of institutions willing to adopt a standard curve and basic admission reforms.

Here is the column: Continue reading “How to Reverse the Dumbing Down of American Higher Education”

The Canine Menace: Dog Shoots Man in Pennsylvania

Next time your dog begs for a treat, you might want to give it to him. In Pennsylvania, a dog reportedly wounded his owner with a shotgun left on the bed, while in North Carolina, a dog was caught on camera setting a house (of the assistant fire chief no less) on fire with a damaged lithium battery. Since I just finished teaching my torts students about animal liability, these cases offer a teachable moment for humans and canines alike.

Continue reading “The Canine Menace: Dog Shoots Man in Pennsylvania”

In Vino Veritas: Punch-Drunk Pundits Reveal Plans to Pack the Supreme Court

Below is my column in the Hill on moments of honesty after the recent Democratic victories in California, Virginia, New Jersey, and New York. In the euphoria that followed, Democratic politicians and pundits admitted that they intend to pursue radical changes, including packing the Supreme Court, once they retake power.

Here is the column: Continue reading “In Vino Veritas: Punch-Drunk Pundits Reveal Plans to Pack the Supreme Court”

The Supreme Court Hears the Trump Tariff Case: Time for Plan B?

The oral argument yesterday on the Trump tariffs was fascinating as justices struggled with the knotty question of whether a president has the sweeping authority claimed by President Donald Trump under the International Emergency Economic Powers Act (IEEPA). The justices were skeptical and uncomfortable with the claim of authority, and the odds still favored the challengers. However, there is a real chance of a fractured decision that could still produce an effective win for the Administration.

Continue reading “The Supreme Court Hears the Trump Tariff Case: Time for Plan B?”

“We’re Coming After You” — How Some on the Left Found Peace Through Hate

Below is my column in the Hill on how some on the American left have learned how to hate. Virginia Attorney General Jay Jones is actually leading in the polls after admitting that he wanted to see a political opponent and his children killed. It appears that many Democratic voters have now embraced the rage as leaders ratchet up violent rhetoric. Those who once demanded the criminalization of hate speech appear to relish it.

Here is the column: Continue reading ““We’re Coming After You” — How Some on the Left Found Peace Through Hate”

Illinois Bars ICE Arrests in State Courthouses and Safe Zones

Sanctuary by Richard Burchett

Illinois has now joined California and Connecticut in barring federal immigration agents from conducting “civil arrests” of illegal aliens in or around state courthouses. The sanctuary law appears largely performative since it also appears unconstitutional. It is difficult to see how a state can bar the exercise of federal jurisdiction, at least after the Civil War. Continue reading “Illinois Bars ICE Arrests in State Courthouses and Safe Zones”

Harvard’s Unblinking Hypocrisy: Dean Retained After Denouncing ‘Evil’ Police, ‘Whiteness’

Below is my column in the Hill on the hypocrisy of Harvard in yet another controversy involving a resident house dean. Gregory Davis is accused of hateful, racist messages, but, so far, it is not viewed as “untenable” by the university. His rage is righteous in the view of many.

Here is the column: Continue reading “Harvard’s Unblinking Hypocrisy: Dean Retained After Denouncing ‘Evil’ Police, ‘Whiteness’”

Why We Must Protect Both Turning Point and Mark Bray

Below is my column in The Hill on the recent controversy at Rutgers University, where different groups are pushing to ban Turning Point USA and Professor Mark Bray, the author of the “Antifa Handbook.” The campus has become a microcosm of a broader debate in higher education, which continues to struggle with drawing lines on free speech and academic freedom. Notably, the faculty and the student body recently overwhelmingly voted to support Bray, but few have spoken out in support of the TPUSA group.

Here is the column:

Continue reading “Why We Must Protect Both Turning Point and Mark Bray”

Antifa Denial: How a Violent Anti-Free Speech Group Became a Non-Entity in American Politics

Below is my column on the rise of Antifa deniers in Washington. Once embraced and even marketed on the left, Antifa has become the group that must not be named as political violence rises across the country. It does not matter that radicals identify as Antifa, coordinate protests, carry Antifa flags, wear signature clothing, and espouse the same ideas from the “Antifa handbook.” There have even been people elected as Antifa representatives. Yet, the current spin is to pretend that they do not exist as a single organization to deflect the debate over violence on the left.  Even with the past and current FBI directors saying that they exist as a group, politicians are mocking those who object to Antifa, even journalists and others targeted by its members.

This week, Minnesota Attorney General Keith Ellison (D) claimed that “nobody” knows what the left-wing terrorist organization Antifa is and that it does not exist. However, he previously promoted the “Antifa Handbook” in 2018 and praised the group as terrifying Trump. Now, however, he has joined the chorus of Antifa denials as political violence rises around the country.

Here is the column:

Continue reading “Antifa Denial: How a Violent Anti-Free Speech Group Became a Non-Entity in American Politics”

Res ipsa loquitur – The thing itself speaks