Category: Constitutional Law

The Counter-Constitutional Movement: The Assault on America’s Defining Principles

Below is my column in the Wall Street Journal on the growing counter-constitutional movement in the United States. This assault on the Constitution is being led by law professors who have lost their faith in the defining principles and institutions of our Republic.

Here is the column:

Continue reading “The Counter-Constitutional Movement: The Assault on America’s Defining Principles”

California Sued Over New “Deepfake” Law

California has triggered the first lawsuit over its controversial new laws that require social media companies to censor fake images created by artificial intelligence, known as deepfakes as well as barring the posting of images. A video creator is suing the State of California after his use of a parody of Vice President Kamala Harris was banned. The law raises serious and novel constitutional questions under the First Amendment. Continue reading “California Sued Over New “Deepfake” Law”

“A Symbol of Imperial Violence and Colonialism”: Activists at UPenn Deface Statue of Benjamin Franklin

Benjamin Franklin once wrote “Love your Enemies, for they tell you your Faults.” Yet, Franklin might be a bit confused by his critics at the University of Pennsylvania. Anti-Israel activists vandalized his statue as a symbol of colonialism. The man who was instrumental in the Declaration of Independence against the British Empire is being denounced as an “imperial” colonizing figure. Continue reading ““A Symbol of Imperial Violence and Colonialism”: Activists at UPenn Deface Statue of Benjamin Franklin”

Sixth Circuit Hands Down Major Free Speech Win for Professor Against the University of Louisville

The United States Court of Appeals for the Sixth Circuit handed down a major victory for free speech this week in favor of a professor challenging his treatment by the University of Louisville. In Josephson v. Ganzel, a unanimous panel ruled for Dr. Allan Josephson who was subject to adverse actions after he publicly expressed skepticism over some treatments for youth diagnosed with gender dysphoria. The decision is important because it deals with qualified immunity and reaffirms liability for the denial of free speech protections.

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“American Democracy Doesn’t Survive”: Brown Professor Warns of the “Dangers of the Constitution”

We have been discussing a slew of books and interviews by academics denouncing the Constitution or individual rights as a threat to democracy. The latest is Brown University Political Science Professor Corey Brettschneider who is warning about the “dangers of the Constitution.”

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California Scuttles Reparations Bills As Supporters Denounce a Political Bait-and-Switch

We have previously discussed (here and here and here and here) the push for reparations in California that has been touted by California Gov. Gavin Newsom and Democrats for years. After the Democrats campaigned on the issue in past elections, I wrote a column about how this bill had come due after years of delay for study and recommendations. The legislature, however, just stamped the bill “return to sender” and shelved the two reparations bills with the reported support of Newsom. The reaction is not surprising that there has been a bait-and-switch by Democrats on the issue. Continue reading “California Scuttles Reparations Bills As Supporters Denounce a Political Bait-and-Switch”

Federal Court Upholds Ban on “Let’s Go, Brandon” Shirts in High School

We previously discussed the case of a student (known as “D.A.”) in Michigan who was ordered to remove his sweater with the popular phrase “Let’s Go, Brandon.” We now have a ruling from U.S. District Judge Paul Maloney in the Western District of Michigan. In D.A. v. Tri County Area Schools. Judge Maloney rejects the free speech claim and rules that school officials can punish a student for wearing a “Let’s Go Brandon” T-shirt. I believe that he is wrong and that the case sets a dangerous precedent.

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Human Rights Campaign President Calls for Rejection of “the Little Piece of Paper” of the Founders

We have been discussing Democratic leaders and activists who have been calling for revolutionary change and a rejection of the foundation of the American constitutional system. The latest is Human Rights Campaign president Kelley Robinson, who spoke at the National Democratic Convention. In an earlier speech, Robinson rejected what she referred to as the Founders’ “little piece of paper” and called for the reimagining of our constitutional system. Continue reading “Human Rights Campaign President Calls for Rejection of “the Little Piece of Paper” of the Founders”

The EU Just Declared War on Free Speech in America. It is Time to Fight Back

Below is my column in The Hill on the move of the European Union to force Elon Musk to censor X users, including political speech leading up to the 2024 election. The column discusses this Rockwell painting, which we often use in discussing free speech controversies.

Here is the column: Continue reading “The EU Just Declared War on Free Speech in America. It is Time to Fight Back”

Want More Freedom of Speech? Try Less Government.

Below is my column in The Hill on my call for a bill that would bar federal funding of any program and grant to censor, blacklist, or target individuals or sites based on their content. It is time to get the U.S. government out of the censorship business. The column discusses the proposal in my new book, The Indispensable Right: Free Speech in an Age of Rage” to block any further funding for the current system of corporate, academic, and government programs targeting opposing or dissenting views. Continue reading “Want More Freedom of Speech? Try Less Government.”

A Harris-Walz Administration Would Be A Nightmare for Free Speech

Below is my column in The Hill on why a Harris-Walz Administration would be a nightmare for free speech. A long-standing advocate for censorship and other speech controls, Vice President Kamala Harris just added an equally menacing candidate to her ticket for 2024.

Here is the column: Continue reading “A Harris-Walz Administration Would Be A Nightmare for Free Speech”

Smith is No Longer in a Hurry: Special Counsel Moves To Slow Down District Court Judge

For over a year, Special Counsel Jack Smith has made one element the overriding priority in his prosecution of former president Donald Trump: speed. Smith repeatedly moved to curtail Trump’s appellate rights and demand expedited appeals to try to secure a conviction before the election. In that effort, he found an equally motivated judge in U.S. District Judge Tanya S. Chutkan, who virtually turned her court into a rocket docket to try Trump. Now, in a neck-breaking change of direction, Smith is trying to slow down Chutkan who appears again ready to pull out the stops in this case. Continue reading “Smith is No Longer in a Hurry: Special Counsel Moves To Slow Down District Court Judge”

Jurisdiction Stripping or Court Killing? The “No Kings Act” is a Decapitation of the Constitution

Senate Majority Leader Chuck Schumer (D., N.Y.) has introduced the “No Kings Act” with great fanfare and the support of most of his Democratic colleagues. Liberal groups have heralded the measure to legislatively reverse the ruling in Trump v. United States. It is obviously popular with the press and pundits. It is also entirely unconstitutional in my view. The “No Kings Act” is not just a cynical abdication of responsibility by Democrats, but would constitute the virtual decapitation of the Constitution. Continue reading “Jurisdiction Stripping or Court Killing? The “No Kings Act” is a Decapitation of the Constitution”