Category: Columns

Columns, Congress, Constitutional Law

Madison’s Nightmare: Dan Goldman and The Wrong Type of Ambition

Below is my column in the New York Post on how Madison’s famous objective of making “ambition … counteract ambition” in the constitutional system depends on the right type of ambition. Today, some members exhibit an ambition that transcends any institutional or constitutional interests. They act more like social media influencers than constitutional actors. One of the best examples is New York Rep. Dan Goldman, who vividly shows the distinction between partisan and institutional interests in a Madisonian system. Continue reading “Madison’s Nightmare: Dan Goldman and The Wrong Type of Ambition” →

Academia, Columns

Mamdani’s Plan to Ruin the New York Educational System

Below is my column in The Hill on the pledge of Zohran Mamdani to end some of the early Gifted and Talented programs in the New York educational system.  The move is part of a national campaign against such programs as racist or privileged due to the higher percentage of White and Asian students who qualify. The fear is that the Mamdani administration will return to the disastrous policies of the de Blasio administration in rolling back on the programs.

Here is the column: Continue reading “Mamdani’s Plan to Ruin the New York Educational System” →

Columns, Politics

“Let Your Rage Fuel You”: Politicians and Pundits Embrace Rage Politics

Below is my column in the Hill on the rise of rage politics. There was barely a respite from the rage rhetoric after the assassination of Charlie Kirk and the sniper attack on the ICE facility. Gov. Gavin Newsom is back this week to calling his opponents “fascists” while other Democratic politicians are back to calling ICE “fascists.”

Here is the column: Continue reading ““Let Your Rage Fuel You”: Politicians and Pundits Embrace Rage Politics” →

Columns, Criminal law

Martyr or Liar? Comey Indicted on Two Counts

Below is my column in the New York Post on the indictment of James Comey. As I mentioned yesterday, the indictment seemed a bit disjointed in referring to “false statements” in the caption and the body, but only describing a single false statement. It appears that the grand jury did not return a “true bill” on one of the originally alleged false statements. That might have been the count related to Professor Daniel Richman, who appeared before the Grand Jury, but that is speculation at this point. However, as I noted, there appears to have been material removed from the original draft of the indictment.

Here is the column: Continue reading “Martyr or Liar? Comey Indicted on Two Counts” →

Columns, Constitutional Law

Beyond the Rage: What a Small Colorado Town Could Teach America

Below is my column on Fox.com from a recent trip to Grand Lake, Colorado, a small town where families gather to celebrate our shared faith in the United States Constitution. For this aging academic, the visit was rejuvenating. It was a sharp contrast to the divisions and anger I had left behind on the East Coast.

Here is the column: Continue reading “Beyond the Rage: What a Small Colorado Town Could Teach America” →

Columns, Free Speech

The Funniest Joke Jimmy Kimmel Never Told
Below is my column in the Hill on the suspension of Jimmy Kimmel and how long advocates of censorship and blacklisting are suddenly alarmed over the threat to free speech. The greatest comedic relief came from Hillary Clinton, one of the most anti-free speech figures of the last decade. Without a hint of self-awareness or shame, Clinton expressed horror at a suspension over spreading disinformation.
Here is the column:

Continue reading “The Funniest Joke Jimmy Kimmel Never Told” →

Columns, Free Speech

Game Changer: Meta and Zuckerberg May Be Ready to Fight for Free Speech

Below is my column in USA Today on the restoration of free speech protections at Facebook and Meta. Earlier this year, I wrote a column on the plan at Meta to follow X in the reduction of censorship systems.  I stated that the free speech community should give Meta a chance to prove that it was not just restoring free speech, but abandoning its earlier practices.  It appears that it has made major strides and some of us are returning to Facebook. Continue reading “Game Changer: Meta and Zuckerberg May Be Ready to Fight for Free Speech” →

Academia, Columns, Criminal law, Free Speech

Charlie Kirk and the Age of Rage

Below is my column in the Hill on the murder of Charlie Kirk, the latest victim of our age of rage. The evidence of Antifa scribblings and indoctrination of the shooter came as no surprise. For months, some of us have been warning Democratic leaders about their dangerous rhetoric and how it would be received by the most radical elements in the Antifa movement.

Here is the column:

Continue reading “Charlie Kirk and the Age of Rage” →

Columns, Constitutional Law, Free Speech, Politics, Society

If You Want to “Stand with Charlie,” Stand With Free Speech

Below is my column that ran earlier on Fox.com on the calls for the termination of academics and others who have criticized Charlie Kirk or expressed satisfaction with his murder. Unfortunately, such hateful remarks are nothing new in academia. However, this is not about them. It is about us, and more importantly, it is about Charlie and what he fought for his entire life. We cannot allow our anger or sorrow to lead us into becoming the very people that Charlie denounced in his life. If you “Stand with Charlie,” you stand with free speech.

Here is the column: Continue reading “If You Want to “Stand with Charlie,” Stand With Free Speech” →

Columns, Criminal law, Free Speech

“Prove me Wrong”: Charlie Kirk’s Final Challenge on Free Speech

Yesterday, the United States entered a new and chilling stage of what I have called the “age of rage.” After two attempted assassinations of President Donald Trump, leading conservative leader Charlie Kirk, father of two, was gunned down at a campus event at Utah Valley University. I learned the news while I was in Prague to speak on my book,“The Indispensable Right: Free Speech in an Age of Rage” and the growing attacks on free speech around the world. I never imagined that I would be speaking about Charlie’s murder and what it represents for free speech.

Continue reading ““Prove me Wrong”: Charlie Kirk’s Final Challenge on Free Speech” →

Columns, Congress, Constitutional Law

The Mark of Kaine: How a Senator’s Remarks Border on Constitutional Blasphemy

Below is my column in The Hill on the controversial remarks of Sen. Tim Kaine (D. Va.) denouncing a nominee who believed in natural law and the concept of God-given rights. By the end of the hearing, Kaine effectively lumped Alexander Hamilton with Ayatollah Khomeini in his statement at the committee hearing.

Here is the column: Continue reading “The Mark of Kaine: How a Senator’s Remarks Border on Constitutional Blasphemy” →

Columns, Free Speech, International

No Joke: Comedian Graham Linehan Arrested in Great Britain Over Three Social Media Postings

Below is my column in Fox.com on the arrest of a well-known comedian in Great Britain. While the three social media posts in question were political commentary rather than jokes, the arrest of Graham Linehan is only the latest arrest of a comedian as part of the global crackdown on free speech. The postings would be considered protected speech in the United States and should be protected anywhere. The rising censorship is literally no joke in various Western countries.

 

Here is the column: Continue reading “No Joke: Comedian Graham Linehan Arrested in Great Britain Over Three Social Media Postings” →

Columns, Torts

AI and the New Frontier of Torts: ChatGPT Faces Claims of Suicide, Defamation, and Even Murder

Below is my column in The Hill on the spate of lawsuits against OpenAI over injuries associated with ChatGPT. These lawsuits could offer a long-needed review of OpenAI and its corporate practices. What is most needed is congressional action to examine not only the dominance of these AI systems but also the conduct of corporations like OpenAI.

Here is the column:

Continue reading “AI and the New Frontier of Torts: ChatGPT Faces Claims of Suicide, Defamation, and Even Murder” →

Columns, Criminal law

Grand Jury Refuses to Indict Sandwich-Throwing Former Justice Employee

In 1985, Sol Wachtler, the chief justice of New York’s Supreme Court, famously said, “Any good prosecutor can get a grand jury to indict a ham sandwich.” Perhaps, but it appears that indicting someone for throwing a ham sandwich may be tougher than it would appear. A grand jury has reportedly refused to indict Sean Charles Dunn, 37, shown on video shouting obscenities at Customs and Border Protection (CBP) agents standing near 14th and U streets on Aug. 10. and then striking an officer with a wrapped sandwich. Continue reading “Grand Jury Refuses to Indict Sandwich-Throwing Former Justice Employee” →

Columns, Constitutional Law, Free Speech, Politics

Running it up the Flagpole: Why the Trump Order on Flag Burning is Unconstitutional

In the advertising world, there is an old adage that there are times when you take a pitch and “run it up the flagpole and see who salutes.” That expression came to mind yesterday when President Donald Trump signed an order to punish flag burning. The President may be hoping that the Supreme Court might salute and reverse long-standing precedent declaring flag burning to be protected speech under the First Amendment. If so, he is likely to be disappointed. The proposed prosecutions would be unconstitutional and, absent an unlikely major reversal of prior precedent by the Court, flag burning will remain a protected form of free speech. Continue reading “Running it up the Flagpole: Why the Trump Order on Flag Burning is Unconstitutional” →

Res ipsa loquitur – The thing itself speaks