Category: Constitutional Law

Second Circuit Strikes Down Critical Provisions in New York’s Most Recent Gun Control Law

I have previously written how New York has been the gift that keeps on giving for the National Rifle Association and other gun rights groups. The state legislature continues to crank out flagrantly unconstitutional gun control laws to please its political base, but the result is to further expand gun rights with a litany of court losses. The latest is a ruling by the United States Court of Appeals for the Second Circuit striking down key provisions of the law passed after the Bruen decision. Continue reading “Second Circuit Strikes Down Critical Provisions in New York’s Most Recent Gun Control Law”

Deadspin Defamation: Parents of Holden Armenta Move Toward Libel Action Over Blackface Allegation

Screenshot/Facebook/Shannon Arment

The parents of Holden Armenta have retained counsel and sent a retraction letter to Deadspin in moves that usually precede the filing of defamation actions. Armenta was the target of a vicious and false attack by Deadspin’s Carron J. Phillips.  The writer has long been controversial, but Deadspin retained him. It could now come at a high cost, but the defamation action will face challenges. Continue reading “Deadspin Defamation: Parents of Holden Armenta Move Toward Libel Action Over Blackface Allegation”

The Guardians of Democracy: Democrats Move to Protect Democracy from Itself

Below is my column in the Hill on efforts to bar or limit voting in the primary and general presidential elections. What is so striking is how these distinctly anti-democratic actions are being taken in the name of democracy.

Here is the column: Continue reading “The Guardians of Democracy: Democrats Move to Protect Democracy from Itself”

The Curious Fraud Case Against Trump Just Got ‘Curiouser’

Below is my column in The Messenger on the recent testimony of bankers in the Trump fraud trial. The testimony put the controversial demands of New York Attorney General James into sharp relief. The issue is not whether it is appropriate to fine businesses for under or over valuing property, but rather the nuclear option pursued by James in seeking effective dissolution of the company and a quarter of a billion dollars in penalities.

Here is the column:

Continue reading “The Curious Fraud Case Against Trump Just Got ‘Curiouser’”

Study: Dobbs Resulted in an Increase of 30,000 Babies

According to the study by the Institute of Labor Economics, the overturning of Roe v. Wade in June 2022 may have resulted in the birth of 32,000 additional babies. After the decision in Dobbs v. Jackson Women’s Health Organization births rose by an average of 2.3 percent in states enforcing abortion bans or restrictions. That may be less than many pro-choice advocates suggested, but it still amounts to tens of thousands of babies. Continue reading “Study: Dobbs Resulted in an Increase of 30,000 Babies”

No, Rashida Tlaib Should Not Be Sanctioned by the Michigan Bar

This month, the Coolidge Reagan Foundation has called upon the Michigan bar to investigate and sanction Rep. Rashida Tlaib, D-Mich., over her comments on Gaza and Israel. While I have been critical of Tlaib over her rhetoric and claims on the Hamas attack and later war, I believe that such sanctions would be inimical to free speech and pull the bar into political controversies. Continue reading “No, Rashida Tlaib Should Not Be Sanctioned by the Michigan Bar”

Florida’s “Deactivation” of Pro-Palestinian Group is Unconstitutional

Below is my column in USA Today on the “deactivation order” issued to a controversial pro-Palestinian group at the University of Florida. The order in my view is unconstitutional. We need to focus on deterring acts of destruction and any violent threats or acts on our campuses. We can maintain a safe space for all of our students without sacrificing the free speech rights that are the foundation for higher education.

Here is the column.

Continue reading “Florida’s “Deactivation” of Pro-Palestinian Group is Unconstitutional”

New Polling Shows a Majority of American Households Own Guns and Support Gun Rights

Rep. Goldman Calls for Trump to be “Eliminated” After Decrying his “Inflammatory Rhetoric”

Even in his freshman year, Democratic New York Rep. Dan Goldman has proven one of the most controversial members in Congress from attacking witnesses to inadvertently undermining the Biden defenses. The latest controversy involves a call to “eliminate” Donald Trump after accusing him of using “inflammatory rhetoric.” He has since apologized for his own language. Despite being one of the many past targets of Goldman’s wrath, I do not believe that Goldman was calling for violence. It was what I call “rage rhetoric” in my book The Indispensable Right. However, the incident shows the perils of criminalizing political speech.

Continue reading “Rep. Goldman Calls for Trump to be “Eliminated” After Decrying his “Inflammatory Rhetoric””

Southern California Professor Forced to Teach Remotely After Inflammatory Rhetoric Against Hamas

Economics professor John Strauss from the University of Southern California is teaching remotely for the rest of the term in a controversy that has serious free speech implications. Strauss was made the subject of a protest after confronting protesters on campus and calling for all Hamas terrorists to be killed. A deceptively edited videotape was posted that made it sound like Strauss was calling for all Palestinians to be killed. The move is part of a disturbing trend limiting free speech on campuses. Continue reading “Southern California Professor Forced to Teach Remotely After Inflammatory Rhetoric Against Hamas”

Do or DEI? Federal Judge Finds DEI Policies are Mandatory and Unconstitutional in California Case

Below is my column in The Hill on the recent victory of a California professor in challenging diversity, equity and inclusion (DEI) policies on free speech grounds. It is a rare win for dissenting faculty as DEI policies become more expansive and mandatory.

Here is the column:

Continue reading “Do or DEI? Federal Judge Finds DEI Policies are Mandatory and Unconstitutional in California Case”

Colorado Judge Rejects 14th Amendment Disqualification Effort to Bar Trump from Ballot

Colorado Judge Sarah Wallace has become the latest jurist to reject the effort to bar former president Donald Trump from the ballot under the novel 14th Amendment theory. I have long been a vocal critic of the theory, which I view as historically and legally unfounded. I also view it as arguably the most dangerous theory to arise in decades. While Wallace reached the right conclusion, she committed, in my view, fundamental errors in her analysis on the free speech elements of the case. Continue reading “Colorado Judge Rejects 14th Amendment Disqualification Effort to Bar Trump from Ballot”

Turley Publication on the Compulsion of Free Speech is Now Available

I am happy to announce the publication of my latest law review article, The Unfinished Masterpiece: Compulsion and the Evolving Jurisprudence Over Free Speech, 83 Md. L. Rev. 145 (2023)  The work not only discusses the recent 303 Creative ruling of the Supreme Court, but an important case now pending before the Court for possible review, Porter v. Board of Trustees of North Carolina State University. The Porter decision was decided by the United States Court of Appeals for the Fourth Circuit and, in my view, represents a major threat to both free speech and academic freedom. Both cases are also discussed in my forthcoming book, The Indispensable Right.

Continue reading “Turley Publication on the Compulsion of Free Speech is Now Available”

Michigan Court Rejects Effort to Disqualify Donald Trump

We have been discussing the nationwide effort to disqualify former President Donald Trump from ballots in key states under a novel theory using Section 3 of the 14th Amendment. Yesterday, a Michigan judge was the latest to dismiss the effort to prevent voters from being able to vote for Trump. Continue reading “Michigan Court Rejects Effort to Disqualify Donald Trump”

Absolute Nonsense: Obama Again Claims to be First Amendment Absolutist While Supporting Censorship

In an interview with The Verge Editor-in-Chief Nilay Patel, former President Barack Obama once again claimed that he is virtually a “First Amendment absolutist” despite supporting censorship for years, including United Nations efforts to criminalize criticism of religion on a global scale.  There are aspects of the Obama terms that I have praised, but his record on free speech is not one of them.

Continue reading “Absolute Nonsense: Obama Again Claims to be First Amendment Absolutist While Supporting Censorship”

Res ipsa loquitur – The thing itself speaks