Below is my column in The Hill newspaper on the legacy and vision or Associate Justice Anthony Kennedy. The departure of Kennedy will leave the Supreme Court more calcified and rigid in its ideological division. Chief Justice John Roberts now assumes the role of the swing vote with a center of gravity that will likely move further to the right. His voice was unique and often profound. He applied a conservative jurisprudence that emphasized the protection of individual rights and identity. Time will show that Kennedy saw a horizon for our society that we are still struggling to attain.
Here is the column:
Continue reading “The Kennedy Retirement Leaves The Court Without A Center of Gravity and Grace”
There has been a rising movement in colleges and universities led by professors who are advocating speech regulation and contesting basic values of free speech. The anti-free speech movement takes many forms. I 
West Point graduate and Army infantry officer Spenser Rapone has been 
Below is my column in The Hill newspaper on the calls for a constitutional challenge to the new NFL policy against protests during the National Anthem. While many have claimed that the policy violates free speech rights of the players, there is actually little support for such a challenge under constitutional law. The best shot might be procedural in nature in arguing that the collective bargaining agreement requires conferral on such rules with the players. Putting aside the strong defenses to this claim, it would likely only require consultation and not a change in the ultimate policy.
We have been discussing the erosion of free speech on campuses with rising speech codes and ambiguous rules barring “microaggressions.” A small percentage of students and faculty often push for such speech codes and regulation. However, it is often difficult for students and faculty to object at the risk of being called intolerant or microaggressors. Now there is a 
Below is my column in The Hill newspaper on how liberals in New York are supplying the Supreme Court ample reason to rule for a Colorado cake shop owner in the 
We have been discussing the rapid erosion of free speech on our campuses and the increasing confrontations with students who bar speech with which they disagree. (
Utah senior Keziah Daum, 18, thought that she was sharing a pictures from a wonderful prom from Woods Cross High School. The pictures show Daum in a beautiful Chinese Choengsam (also known as a qipao) dress, a creative and striking choice for this important event. The posting however unleashed a torrent of criticism of Daum for “cultural appropriation” because she is not Chinese. I have been a long critic of the “cultural appropriation” protests on campuses, but this case is particularly maddening and absurd. 
I will have the pleasure today of serving as a 
We have been discussing the increasing practice of students interrupting classes or speeches to prevent others from hearing opposing views. This has included protests where students have been 
I have previously criticized the University of California at Berkeley for its highly biased history in dealing with conservative speakers who come to campus. Now, federal judge Maxine Chesney has agreed with the Young America’s Foundation (and the U.S. Justice Department) in rejecting a motion to dismiss by Berkeley — forcing the school to deal with its policies and priorities on the exercise of free speech. The president of the University of California system is Janet Napolitano, former 
I have the honor today of giving the 2018