I have always been proud of my alma mater, The University of Chicago, and the education that I received in Hyde Park. However, that pride has been magnified this week with a letter sent to the class of 2020. As we have been discussing how various schools have eradicated free speech protections on campus in a national trend toward speech regulation. UChicago has decided to stand its ground and reaffirm its commitment to free speech on campus. The letter warns students that they will not shielded from views that upset them or given “safe spaces” on campus. In doing so, UChicago has recommitted itself to the very touchstone of education: the free and robust exchange of ideas.
Category: Constitutional Law
Nice has added its famous beaches to the list of resort areas where the burkini is banned. Like the ban on the veil, it is hard to see how such bans are not openly discriminatory towards Muslims. I fail to understand the rationale for such a ban, particularly when many people now adopt full covering (especially for child) to protect against the damaging sun rays.
Continue reading “Burkinis Are Not Nice: French Resort Latest To Ban Muslim Swimming Suit”
Below is my column in the Washington Post on Donald Trump’s proposal of “extreme vetting” for immigrants to the United States. While some have suggested that the proposal would violate the Constitution, I do not agree. There are ample concerns or objections that can be raised as a matter of policy. However, such vetting is neither unconstitutional nor unprecedented. Particularly if implemented with congressional approval, I believe that such a heightened level of scrutiny would pass constitutional muster. Conversely, this is clearly something that Congress could prevent legislatively.
Continue reading “Trump’s Extreme Vetting: More Of A Political Than A Constitutional Question”
Below is my column in USA Today on Donald Trump’s statement that he thinks that American citizens should be tried at Guantanamo Bay with other “terrible people” accused of terrorism. I have previously criticized Hillary Clinton for her views on free speech and executive power. However, the suggestion that U.S. citizens could be sent for faux trials at Gitmo is truly chilling. Here is the column.
Continue reading “TRUMP’S TRIBUNALS: THE GOP NOMINEE EMBRACES USE OF GITMO TO TRY CITIZENS”
There is a highly disturbing story out of Somers, Iowa where Homer Martz was reportedly charged for flying a U.S. flag upside down in protest over an oil pipeline put near his home. It is clearly a protected act under the First Amendment, but the town of Somers appears to lack a single lawyer — or a telephone number for a single lawyer — to explain free speech protections to them.
Continue reading “Iowa Man Criminally Charged For Flying American Flag Upside Down”
I have long been a critic of military tribunals as constitutionally dubious and practically ineffectual institutions. The tribunals at Guantanamo Bay have resulted in few actual trials and undermined the standing of the United States as a nation committed to the rule of law. The principle rationale cited by former officials in defense of Gitmo has been that it would not be used to try citizens. Now in a deeply disturbing interview, GOP presidential nominee Donald Trump has stated that he might try citizens at Gitmo — maintaining a shadow court system for stripping citizens of basic rights of due process just a few miles off the United States shore.
Continue reading “Trump: Americans May Be Tried In Military Tribunals Under His Administration”
My friend Professor Eugene Volokh raised an interesting case out of the Equal Employment Opportunity Commission (EEOC) where the commission reinstated what many would consider a facially invalid harassment lawsuit over a worker wearing a simple “Don’t Tread on Me” cap. The cap was depicted as “racially offensive to African Americans” because “the flag was designed by Christopher Gadsden, a ‘slave trader & owner of slaves.’” It is a bizarre case but the concern over the fluid standard for such cases was magnified by a response to Gene from Harvard Law professor Noah Feldman who added that a worker “Saying at work that ‘Hillary Clinton shouldn’t be president because women shouldn’t work full-time’” could also be a legitimate basis for sanctions.
Iran has given the world another outrage in its enforcement of the medieval Islamic Sharia law. The victim was Hassan Afshar, 19, who was hanged for what the Sharia court called “forced male-to-male anal intercourse.” Afshar insisted that that the sex was consensual, though in Iran you can also be executed for simply being homosexual — as we have previously discussed.
Continue reading “Iran Executes Gay Teenager Under Islamic Sharia Law”
Donald Trump has been widely criticized for what is seen as a shaky knowledge or fealty to the Constitution. Recently, however, he seemed to pledge support not just the Constitution but beyond — pleading to defend “Article XII” which is two articles too many for the Constitution.
By Darren Smith, Weekend Contributor.
In a significant judgment against the City of SeaTac, Washington in a property rights case a King County Superior Court judge awarded Gerry and Kathy Kingen $18.3 million after what the court described as “a pattern of deception that lasted years.”
The trouble for the couple began in 2003 when they purchased land in the vicinity of Sea-Tac Airport with the intent to develop the land into a Park-and-Fly garage. Immediately after bringing notice to the city of their plans the city council declared a moratorium on the construction of these garages and engaged in tactics to hinder the couple’s investment until, according to court documents, they were forced under duress to sell the property to a “phantom buyer” who was later determined to be a surrogate for the city.
Continue reading “Court Awards Couple $18,000,000 For City’s Land Grab. Largest In State History”
In a relatively rare move, Porter County Deputy Prosecutor Trista Hudson has been fired for her blatantly unethical conduct in the withholding of exculpatory evidence in the prosecution of Eric Knowles (left), 39, for child molestation. Recently, evidence was discovered that one of two purported victims made up at least part of the accusations in a child molestation case. Hudson also serves on the Valparaiso City Council.
Continue reading “Indiana Prosecutor Is Fired For Withholding Exculpatory Evidence”
The infamous Iranian Basij militia cracked down on the use of satellite dishes by confiscating 100,000 dishes in Tehran. Iranian prosecutors insisted that dishes expose families to UnIslamic influences and are “morally damaging.” The dishes were destroyed in a triumphant ceremony before General Mohammad Reza Naghdi, head of Iran’s Basij militia. Most people view Naghdi’s crackdown as a pathetic and laughable example of religious orthodoxy that still strangles Iranian society. However, Naghdi heralded the latest achievement of his extremist forces.
Continue reading “Iranian Police Confiscate 100,000 Satellite Dishes To Protect Public Morality”
We previously discussed how Turkey’s rising dictator, Recep Tayyip Erdogan, was likely to use the failed military coup to complete his objective to become a virtual dictator (backed by Islamist parties). That dire prediction appears to be fast becoming true with a roundup of thousands and the declaration of a state of emergency. Turkish academics have also been banned from leaving the country. Of course, Erdogan has offered his usual Orwellian rationization for the three-month state of emergency as necessary to protect civil liberties by suspending them “to eliminate the threat to democracy in our country, the rule of law, and the rights and freedom of our citizens.” With that, and the support of his Islamist allies who passed sweeping new powers for the budding Sultan, Erdogan suspended civil liberties in Turkey. In the meantime, women have reportedly avoided the streets because of being targeted by Erdogan’s Islamist supporters.
We have previously discussed the troubling efforts to bar conservative speakers from college campuses and social media, particularly Breitbart Tech editor Milo Yiannopoulos who has become something of an icon for young conservatives. Twitter has long been criticized for banning or harassing conservative figures, including repeated suspensions against Yiannopoulos. Now, the company is under fire for permanently banning Yiannopoulos — just 20 minutes before his “Gays for Trump” event takes place at the Republican National Convention.
Former Speaker of the House Newt Gingrich is made a highly disturbing proposal that people who visit sites that are deemed as favoring terrorist groups. As articulated by Gingrich in his Fox News interview, the proposal would eviscerate the first amendment and leave that government in a position to regulate speech and association based on an ill-defined standard. Gingrich also attracted criticism for his proposal to test Muslims to allow for deportation of anyone who “believes in Sharia” — a proposal that would sanction peoplr for their religious and political views.
