In my new book, The Indispensable Right: Free Speech in an Age of Rage,” I write about a global anti-free speech movement that is now sweeping over the United States. While not the first, it is in my view the most dangerous movement in our history due to an unprecedented alliance of government, corporate, academic, and media forces. That fear was amplified this week with polling showing that years of attacking free speech as harmful has begun to change the views of citizens. Continue reading ““The Movement is Winning.”: Polling Shows Drop in Support for Free Speech”
Category: Constitutional Law
Texas won a big victory in the United States Court of Appeals in the long struggle over floating buoy barriers in the Rio Grande River to help block unlawful migration. In United States v. Abbott, the court ruled 11-7 in an en banc decision against the Biden Administration over the barrier. It is an interesting decision that included a sharp disagreement over the claim that the large numbers of migrants across the border constitute an “invasion” under Article I, Section 10, Clause 3 (“[n]o state shall, without the Consent of Congress, . . . engage in war, unless actually invaded, or in such imminent Danger as will not admit of delay”). Continue reading “Don’t Mess with Texas: Fifth Circuit Rules Against the Biden Administration in Buoy Dispute on Southern Border”
Below is my column in the New York Post on President Joe Biden’s call to reform the Supreme Court by ending lifetime tenure for Supreme Court justices.
Here is the column: Continue reading “Biden Abandons the Court . . . and His Last Inviolate Principle”
Below is my column in The Hill on the recent notice that this blog is now being formally “reviewed” by NewsGuard, a company that I just criticized in a prior Hill column as a threat to free speech. The questions from NewsGuard were revealing and concerning. Today, I have posted the response of NewsGuard’s co-founder Gordon Crovitz as well as my response to his arguments.
Here are is the column: Continue reading “The Most Chilling Words Today: I’m from NewsGuard and I am Here to Rate you”
For years, former CNN Anchor Lynne Russell was the familiar face of Headline News for the country. She may soon be making headlines again as the lead plaintiff in what could prove a major Second Amendment challenge in Washington, D.C. Russell is challenging the city’s prohibition on “off-body” carrying of weapons, including keeping a handgun in a purse. That type of off-body carry is precisely what may have saved Russell’s life in a shootout with an armed assailant in 2015. Continue reading “Former CNN Anchor Leads Major Challenge In Defense of the Second Amendment”
District Court Judge David Carter delivered a crushing blow against free speech rights in elementary schools in an outrageous case out of Orange County. Principal Jesus Becerra at Viejo Elementary punished a seven-year-old girl named B.B. in the lawsuit for writing “any life” under a “Black Lives Matter” picture. Judge Carter issued a sweeping decision that said that she has no free speech rights in the matter due to her age and that the school is allowed to engage in raw censorship. He is now being appealed.
Continue reading “Federal Judge Rules Against Free Speech in Elementary Schools”
Below is my column in the New York Post on the ruling against Nina Jankowicz in her defamation case. It turns out that calling opposing views defamation is no better than calling them disinformation.
The United States Court of Appeals for the Eighth Circuit has handed down a major ruling in Worth v. Jacobson in favor of the Second Amendment. The opinion by Judge Duane Benton upholds a lower court in striking down a Minnesota law limiting gun permits for persons 21 years old. It is a question that could find its way to the Supreme Court once splits among the circuits develop. Continue reading “Worth Reading: The Eighth Circuit Finds Bar on 18-20 Year Olds Violates the Second Amendment”
Below is my column in the Hill on the withdrawal of President Joe Biden from the 2024 election. After weeks of Democrats and the media raising the alarm of his mental capacity, Biden finally gave up his public refusal to step aside. Harris will now be the nominee through succession by defenestration, or being tossed from a window. Yet, there remains a lingering question of Biden’s capacity to serve for another six months as president.
Here is the column: Continue reading “Succession by Defenestration: How Biden’s Withdrawal May Trigger a 25th Amendment Fight”
Below is my Hill column on President Joe Biden shifting his position on the Supreme Court and agreeing to “limits” on the Supreme Court. This ran before President Biden finally consented to withdraw from the race. It makes this last ditch effort even more tragic for his legacy. He resisted these calls for 50 years, including roughly four years of his presidency. He only succumbed in the final six months as he struggled to save his candidacy. It did not work, but his pledge will outlast his presidency.
As I mentioned in the column, the ploy might not work and Biden might not make it past the convention. The pledge, however, will remain and now Biden is committed to the ill-conceived legislation. After what I called “succession by defenestration” in yesterday’s column, Vice President Kamala Harris will likely want to show continuity in fulfilling this pledge. Indeed, judging from her past statements, she may double down on pushing for new limits. The irony is that his offer did not close the deal with the party for Biden, but he will now likely seek to fulfill the deal in limiting the Court.
Here is the earlier column (without changes due to the announcement): Continue reading “Supreme Folly: The Tragic and Ironic Legacy of President Biden on Court “Limits””
Below is my column in USA Today on the decision to dismiss the Florida case against former president Donald Trump. The decision will soon force the Eleventh Circuit and possibly the Supreme Court in the wonderland of Special Counsels.
Here is the column: Continue reading “Of Ravens and Writing Desks: How the Trump Decision May Force the Supreme Court in the Wonderland of Special Counsels”
Below is my column in the New York Post on the opinion of Judge Aileen Cannon. Once again, Democracy is “under attack” because a judge ruled against the prosecution in a Trump case. Indeed, law professors and legal experts are demanding the removal of Cannon for having the temerity to adopt an opposing view of the underlying constitutional claim.
Here is the column:
Below is my column in Fox.com on renewed attacks on free speech and the apologists for this anti-free speech movement, including most recently comedian Jon Stewart. From moves to amend the First Amendment to mocking those being targeted, the left is pushing back at polls and efforts to restore free speech values.
Here is the column:
Below is my column in The Hill on the over-wrought reaction to the Supreme Court decision in Trump v. United States. Commentators seemed to compete for the most alarmist accounts from court-sanctioned death squads to political assassinations to the death of democracy. From the coverage of the immunity decision, one would think that the Madisonian Democracy was being replaced by a John Wick Republic. The academic and media accounts have little basis in the actual opinion. Despite the prediction of Rachel Maddow that this was a “Death Squad Ruling,” the only thing that seemed to die was objective reporting and commentary in the wake of the decision.
Here is the column: Continue reading ““A Death Squad Ruling”: The Press and Pundits Make Wild Claims in the Wake of the Court’s Immunity Decision”
Douglas Adams, author of The Hitchhiker’s Guide to the Galaxy, wrote “The President [of the Galaxy] in particular is very much a figurehead—he wields no real power whatsoever. […] His job is not to wield power but to draw attention away from it.” This week, Rep. Daniel Goldman (D-NY) seemed to be taking the Hitchhiker’s Guide as a guide for government. When asked about the alarming physical and mental decline of President Joe Biden, Goldman suggested that it really does not matter. In responding to a call for Biden’s removal under the 25th Amendment, Goldman suggested that the Republic is safe because it is safely in the hands of people around Biden. It is an argument that flips the 25th Amendment on its head and embraces the idea of a figurehead president. Continue reading “The Hitchhiker’s Guide to the Government: Rep. Goldman Insists that the Country is Safe in the Hands of Others”