Category: Constitutional Law

Academia, Bizarre, Constitutional Law, Free Speech, Media, Politics, Society

No Free Speech For “Overtly Racist Old White Dudes”: Northwestern Protesters Force The Cancelation of Jeff Sessions Event

I have previously written about the curtailment of free speech and the refusal of both faculty and students to allow opposing views to be heard on campuses. Northwestern University (one of my alma maters) has been particularly complicit in this trend against free speech. Now, protesters have blocked students and faculty from hearing remarks (and have a dialogue with) former U.S. Attorney General Jeff Sessions. The incident at Northwestern follows a growing list of such conservative speakers barred from being heard by protesters.

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Constitutional Law, Free Speech, Media, Politics

Zuckerberg “Should Pay A Price”: Clinton Denounces Facebook For Refusing To Censor Political Ads

I recently published a column on the effort by Democrats to get Facebook and other companies to implement a system of censorship of political ads, which would be entirely unconstitutional if carried out by the government. Now, Hillary Clinton has declared that Mark Zuckerberg “should pay a price” for the damage that he is doing to democracy. It is a curious argument since, according to Clinton, Zuckerberg is apparently harming democracy by not curtailing free speech by censoring political speech. I have previously criticized President Donald Trump for his own anti-free speech and anti-free press rhetoric.

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Academia, Constitutional Law, Free Speech, Society

“It’s Okay To Be White”: Oklahoma Law School At The Center Of New Hate Crime Controversy

The Oklahoma City University School of Law is the focus of the latest controversy over campus speech deemed hateful. Fliers were put up around school that read “it is okay to be white.” The police were called to investigate the potential hate crime and Law school Dean Jim Roth declared that such hatred and exclusion “will not be tolerated.” The controversy however reignites concerns in the free speech community over the use of hate crime laws as a surrogate for hate speech laws. Hate speech remains protected under the First Amendment despite recent calls for the adoption of European-style hate speech laws by various Democratic leaders and figures. Indeed, that is the subject of my most recent USA Today column this week.

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Columns, Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics

If Trump is Guilty Of Bribery, The Democrats Are Guilty Of Solicitation

Below is my column on the latest alleged crime by President Donald Trump: “Felony bribery.” The allegation shows not only a fundamental misunderstanding of legal standards but a fundamental failure in legal analysis.

Here is the column:

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Bizarre, Congress, Constitutional Law, Criminal law, Lawyering, Media, Politics

Painter: Trump Cannot Do Fundraisers For Senators Without Committing “Felony Bribery”

I have previously disagreed with the overextended and unsupported claims of critics on allegedly clear criminal violations by President Donald Trump, including past statements by Richard Painter, who served as the chief White House ethics lawyer for George W. Bush and is a professor at the University of Minnesota Law School. I am no fan of President Trump and have repeatedly criticized him for his language and actions in office. However, legal analysis continues to erode as analysts assure viewers that well-established crimes have been committed. The latest such example by Painter is that Trump continues to fundraise for Senators, a common practice of all presidents in election years. Painter insists that any such fundraising can constitute “felony bribery” since these senators will likely sit in judgment in any impeachment trial.

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Constitutional Law, Free Speech, International, Politics, Society

Toronto Public Library Under Fire For Defending Free Speech

A Canadian library has become the latest flash point over free speech as hundreds of protesters tried to prevent others from hearing the views of a feminist writer who has been critical of transsexual laws guaranteeing equal access to bathrooms and other spaces. To its credit, Toronto Public Library held firm in favor of free speech and refused to be bullied into cancelling the event. Nevertheless, police had to escort the audience out the back to avoid threats from protesters who objected to event featuring Meghan Murphy. It is a disheartening scene in a city with a seal professing “Diversity our strength.” Apparently, diversity of ideas is not one of those strengthens according to the Mayor and city council.

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Constitutional Law, Politics, Religion

“Places himself . . . outside of Church teaching”: Biden Denied Communion In South Carolina

Rough patch for Joe Biden. For a month, Biden has had to deal with continued gaffes, Hunter Biden’s dubious dealings with corrupt Ukrainians, and a distinct lack of enthusiasm among Democratic voters. Now he has been declared persona non grata by his church. On Sunday, Father Robert E. Morey of Saint Anthony Catholic Church refused communion to Biden over his stance on abortion. He declared that his support for abortion “places himself . . . outside of Church teaching.” With all due respect to Father Morey, I feel that he was wrong to deny Holy Communion. As someone raised Catholic and attended Catholic schools, I do not see why Biden’s political stance puts him outside of the sacraments. Biden has long said that he personally opposed abortion but that he believes every person should have the right to decide that question for herself. Unless that stance has changed, I fail to see why Biden should be turned away in this fashion at the altar.

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Columns, Congress, Constitutional Law, Free Speech, Media, Politics

From Blacklisting To Red Baiting, McCarthyism Is Back In Vogue

Below is a slightly expanded version of my column in the Washington Post on increasingly McCarthyite conduct evident in this election. I am particularly interested in the new trend toward boycotting other states that do not share your “values” in a given area.

Here is the column:

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Columns, Congress, Constitutional Law, Free Speech, Media, Politics, Society

The New Censors: The Call For Banning Political Lies Threatens Free Speech

Below is my column on the call by Democratic members for censorship of political ads by Facebook. The overwhelming support for the call by members like Representative Alexandria Ocasio Cortez shows the erosion in our values of free speech. Democrats and the media were once the defenders of free speech and critics of censorship. They are now demanding that corporations police political ads and remove ads viewed as false or misleading. It is a standard that many of these members would quickly denounce if applied to some of their own past comments.

Here is the column:

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Constitutional Law, Criminal law, Torts

Innocent Plaintiff Receives $100k Settlement After Brady Violation By Police And Incarceration
City of Kent, Washington Logo

By Darren Smith, Weekend Contributor

A citizen of Washington who was falsely accused and incarcerated for an alleged arson received a one hundred thousand dollar settlement in exchange for dismissal of her Section 1983 case against the investigating officer who withheld exculpable evidence from her defense, including information identifying a possible suspect.

The sixty-six-year-old Plaintiff was held in jail for a month and subjected to eight months of house arrest after being charged with Arson in the First Degree after a fire at a Dollar Tree Store in Kent.

Apparently to the investigating officer it was a righteous case that a sixty-six year old disabled woman with no criminal history was an arsonist but that information from another investigator who received a tip the day of the fire that a gang-banger and convicted arsonist with multiple prior convictions had bragged that he torched the store as a diversion to cover his shoplifting was not worthwhile enough to provide the prosecutor’s office or her defense.

Had it not been for the efforts of her criminal defense attorney, her potential legal jeopardy could have become much worse.

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Columns, Congress, Constitutional Law, Media, Politics

“Sorry About That”: How The Lynching Controversy Offers A Preview For An Impeachment Trial

Below is my column in The Hill newspaper on the recent controversy over President Donald Trump’s use of “lynching” and what it portends for any Senate impeachment trial.

Here is the column:

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Constitutional Law, Criminal law

Giuliani Associate Raises Executive Privilege In His Criminal Case

Lev Parnas, a Soviet-born business associate of Rudy Giuliani, has told a court that he may raise executive privilege in the criminal case against him. His counsel, Ed MacMahon, said that his client was told to invoke executive privilege in a letter that was submitted on Parnas’ behalf by John Dowd to a congressional committee conducting the impeachment inquiry. Dowd previously represented the President. Parnas is shown here (left) with his associate Igor Fruman (who also worked with Giuliani and was arrested with Parnas at the airport).

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Bizarre, Constitutional Law, Criminal law, Politics

Trump Counsel Argues That Trump Could Commit Murder In Public But Not Be Charged Or Prosecuted During His Presidency

President Donald Trump famously bragged that “I could stand in the middle of Fifth Avenue and shoot somebody and wouldn’t lose any voters, okay?” Now, the judges on the United States Court of Appeals for the Second Circuit have pressed his counsel if that is true from a legal perspective. Trump counsel William Consovoy astonished the court by answering in the affirmative. Trump could commit murder and could not be even charged until after he left office. It is an extreme and in my view unsupportable claim based on a misreading of the Constitution.

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Congress, Constitutional Law, Media, Politics

Are The Democrats Preparing Bolton For A Comey-Like Makeover?

The Ukraine scandal racketed up further with the testimony of Acting U.S. Ambassador to Ukraine Bill Taylor who testified that President Donald Trump held up military aid until the Ukrainians agreed to investigate election interference and Hunter Biden’s business dealings. While Taylor was the headliner this week, another figure appears to be emerging as the matinee star: John Bolton. When the Ukraine story broke, I stated that the likely key for Congress would be Bolton who had only recently been fired. Taylor reaffirmed earlier reports that Bolton spotted the serious danger of the Ukraine call and worked to prevent it as a “disaster” in the making.

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Bizarre, Constitutional Law, Free Speech, Politics, Society

Dhvani Runs Ads Showing Model Assaulting Trump
YouTube Screenshot

There has been legitimate criticism (including on this blog) of President Donald Trump retweeting images of his killing or beating media figures. However, there is often less coverage of such violent images from the left. One shocking example appeared this week in advertisements in New York for the athletic apparel company Dhvani showing a model assaulting Trump. The company did not back down from its violent display, though Planned Parenthood denounced the ads after Dhvani named it as a collaborating partner in the campaign design. The campaign titled #StandForSomething seems to mean stand for something tasteless and brutal.

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