Category: Free Speech

Constitutional Law, Free Speech, Media, Politics

Trump Campaign Sues The New York Times For Libel

We have previously discussed President Donald Trump’s repeated calls for changing libel laws and suing his critics, particularly the New York Times. Now his campaign has done just that with a defamation lawsuit against the New York Times for allegedly publishing false claims in an op-ed written by Max Frankel on March 27, 2019, entitled “The Real Trump-Russia Quid Pro Quo.” The selection of an opinion piece makes this case especially difficult. In addition to suing a newspaper for the alleged defamation of a public official, it is doing so for a piece that is identified as opinion and appears on the opinion page. In my view, the column is protected speech under the First Amendment.

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Academics, Free Speech

Kent Students Force Homeland Security From Job Fair

I have written extensively about how universities are refusing to act to prevent faculty members and students from disrupting classes, barring events, and shouting down speakers. Now we can add preventing other students from speaking to the Department of Homeland Security about jobs. Students at the job fair at Kent State University in Ohio blocked access to an ICE table by locking arms and eventually forced the department to leave the fair. Because these student oppose ICE, the university let them block access for all other students.

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Academics, Free Speech, Society

Study: UNC Stifles Free Speech And Conservative Students Are 300 Times More Likely To Self-Censor Views

A report, titled, “Free expression and constructive dialogue at the University of North Carolina at Chapel Hill,” is latest study to confirm what many of us have said for years: universities and colleges are becoming increasing hostile environments for free speech generally and for conservatives specifically. The study of the UNC environment found that “The current campus does not consistently promote free expression and constructive dialogue across the political spectrum.” It further found that conservative students are 300 times more likely to self-censor their views to avoid repercussions from students and faculty.

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Free Speech, International, Politics, Society

China: Coronavirus Is 100 Percent Lethal . . . To Free Speech

While China is being criticized for withholding information, it has confirmed one lethal side effect of the virus: the death of free speech. Chinese professor Xu Zhangrun has been arrested after publishing criticism of President Xi Jinping and the handling of the crisis. He is now cut off from the Internet, banned from social media, and could soon find himself in prison. The government will no doubt argue that he had a pre-existing lethal condition in China: a desire for free speech.

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Free Speech, International

The Death Of Free Speech: Zuckerberg Asks Governments For Instructions On “What Discourse Should Be Allowed”

I have written for years on the effort of European countries to expand their crackdown on free speech globally through restrictions on social media and Internet speech. It appears that Facebook chief executive Mark Zuckerberg has relented in what may prove the death knell for free speech in the West. Zuckerberg seems to relent in asking governments for regulations stipulating what speech will be permitted on Facebook and other platforms. It is the ultimate victory of France, Germany, and England in their continuing attack on free expression though hate speech laws and speech regulation.

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Constitutional Law, Courts, Free Speech, Politics, Supreme Court

Ginsburg Declares ERA Dead And Calls For New Campaign

I have long criticized Supreme Court Justice Ruth Bader Ginsburg for making comments on political issues to liberal and academic groups.  While not unique on the Court in what I have called the era of “celebrity justices”, Ginsburg is something of recidivist in abandoning the long-standing avoidance of political discussions by justices as well as issues that are likely to come before the Court.  Despite repeated controversies in speaking publicly on political issues, Ginsburg is clearly undeterred.  This week, Ginsburg tripped both wires in discussing a matter in litigation and heading toward the Court while encouraging what would be a political campaign for a new constitutional amendment. As we have discussed, there is currently litigation over whether the Equal Rights Amendment was ratified by the recent vote in Virginia. Ginsburg did not wait for the appeal and announced that the ERA is dead. She then called for a new ERA movement. Both statements were inappropriate, but the statement on the status of the amendment was wildly at odds with standards of judicial restraint and ethics.

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Bizarre, Free Speech, Media, Politics

Wisconsin Teacher Put On Leave After Hoping Limbaugh Dies A Painful Death
YouTube Screenshot via C-Span

We have discussed the growing trend of teachers being fired or disciplined for their discussions or postings on social media. These cases raise difficult free speech issues for educators who make political, religious, or social comments as private citizens but are then held accountable by their schools. The latest such case is out of Milwaukee where teacher Travis Sarandos has been put on leave over a deeply offensive and callous tweet about the cancer prognosis of conservative talk show host Rush Limbaugh. Sarandos reportedly said that he thought the advanced cancer prognosis was “awesome” and that he hoped Limbaugh’s death would be a painful one. It is hard to feel much sympathy for someone who has so little for others. However, there remains a question of free speech and who decides what is permissible or impermissible for teachers to express outside of their schools and employment.

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Constitutional Law, Free Speech, International, Media, Politics

French Teenager Forces Free Speech Debate Over Her Calling Islam A “Religion Of Hate”

We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here and here). A teenager has sparked a national debate about blasphemy in France after an Instagram post calling Islam a “religion of hate”. Indeed, France has emerged as one of the greatest threats to free speech in the West and we continue to face calls for European-style speech crimes, including calls by its President on the floor of the House of Representatives. Now a teenager in France has triggered a debate over its plunge into speech crimes and regulation after characterizing Islam as “a religion of hate.” She can now be criminally investigated for hate speech under the notorious French speech law.

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Academics, Free Speech

Study: Professors Donate To Democrats Over Republicans By A 95:1 Ratio

Diversity in hiring is the top priority of most colleges and universities. However, the effort to hire more women, minorities, and LGBT individuals notably lacks one group: ideological diversity. It is well-known that most faculty are composed of an overwhelming majority of liberal and democratic members. However, this view, while generally accepted, is largely anecdotal. Now a new study by Heterodox Academy Director of Research Sean Stevens and Brooklyn College Professor Mitchell Langbert claims to have put hard numbers on that lack of diversity. In reviewing records with the Federal Election Commission, they say that they found that professors gave to Democrats over Republicans by a 95:1 ratio.

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Free Speech, International, Society

Germany Moves To Expand Anti-Free Speech Laws With The Criminalization Of Flag Burning

Recently we discussed how decades of anti-free speech policies in Germany have reduced the expectations of citizens in that country to the level of an authoritarian regime. A survey, conducted by the Institut für Demoskopie Allensbach(and published in the Frankfurter Allgemeine Zeitung) found that only 18 percent of Germans feel free to express their views in public. Undeterred, leaders have called for greater limits on free speech during election periods — a concept that would normally be viewed as counterintuitive outside of the new European model. In addition, Germany just announced that it would expand anti-free speech laws even further to criminalize the burning of flags — an expression of free speech protected in this country.

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Bizarre, Constitutional Law, Free Speech, International, Politics, Religion

Iranian Chess Master Refuses To Return After Being Photographed Without Required Hijab

We recently discussed the defection of Iran’s only Olympic female medalist due to the continuing discrimination and repression of women in that country. Now, Iranian chess master and referee, Shohreh Bayat, 32, has refused to return to Iran after pictures emerged of her without a hijab caused a controversy in the Islamic Republic. The decision is another painful example of the struggle of women under Islamic laws that deny them basic human rights.

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Bizarre, Courts, Free Speech, International, Media, Politics

Advertising Authority in the United Kingdom Bans Computer Advert For Only Having Male Actors As Gender Stereotyping

I have previously criticized the new law, enforced by the U.K.’s Advertising Standards Authority (ASA), that bans gender stereotypes in advertising. It is the ultimate expression of the “nanny state” phenomenon in the United Kingdom where speech is increasingly regulated and sanctioned by the state along a best values agenda. In 2019, commercials for Philadelphia Cream Cheese and Volkswagen were banned that left many of us speechless, particularly those who wanted to use humor in commercial speech. The latest example of this censorship is UK retailer PC Specialist, which saw an advert banned simply because it showed three men excited over using a PC for gaming. The problem? Women like gaming too. Just having men therefore further a gender stereotype.

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Academics, Constitutional Law, Free Speech

Harvard Professor Lessig Sues New York Times For Defamation

This week seems to be a litigious one for Harvard professors. In addition to the complaint by Dershowitz at Yale, Harvard law professor and liberal political activist Lawrence Lessig is actually suing The New York Times for defamation. While there may be more offered in litigation, the lawsuit on its face seems dubious in establishing that the New York Times ran “false and defamatory” information for him as “clickbait” for readers.

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Academics, Free Speech, Society

Dershowitz Complains To Yale Over Professor’s Criticism Of His Claims Of A “Perfect Sex Life”

I have repeatedly objected to the dubious diagnosis offered freely by Yale psychiatrist Dr. Bandy Lee of President Trump, including recent statements that seemed to combine her political and professional views of the subject. As I discussed in a prior column on the demise of the Goldwater rule, these efforts to diagnose Trump from a distance raise highly disturbing ethical issues. Now Harvard Professor Alan Dershowitz has reportedly complained to Yale University after Lee suggested that he, and Trump supporters, display a “shared psychosis” with the president. Dershowitz triggered commentary when, in defense of allegations that he had sex with underaged girls during his association with child molester Jeffrey Epstein, he insisted that he had a “perfect sex life.” (Dershowitz is being sued by a woman who said she was forced by Epstein to have sex with him. It is one of a number of lawsuits currently pending against Dershowitz who has always maintained his innocence). As shown in dozens of prior columns, I oppose efforts to get academics punished or fired at their institutions out of concern for free speech and academic freedom. However, I agree with Dershowitz that Lee’s weaponizing psychiatric evaluations in this political debate is inimical to her school and her profession.

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Academics, Free Speech, International, Politics

Antifa Critic Barred From Speaking By University of British Columbia

I have previously written about my criticism to Antifa and its anti-free speech agenda, including academics legitimizing efforts to violently curtail free speech on our campuses. It is tragically ironic therefore that the University of British Columbia has cancelled an event by a critic of Antifa, a decision that carries out precisely the goals of this vehemently anti-free speech organization. Portland journalist Andy Ngo was scheduled to speak on campus when the school, reportedly without notice, canceled the event due to an unspecified “concern about the safety and security of our campus community.”

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