Category: Free Speech

Free Speech, International

Finish MP Criminally Charged After Quoting Bible in Opposition to LGBT Event

Finland may be viewed as “the happiest place to live” but not if you value free speech. A major free speech case is brewing in the country after Member of Parliament (and former Interior Minister) Päivi Räsänen was criminally charged after tweeting a quotation from the Bible in opposition to her church’s sponsorship of an LGBT pride event. Räsänen, 61, is reportedly facing up to two years in prison for exercising her rights of free speech and freedom of religion.

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Free Speech, International

Trudeau’s Trucker Terrorists: Why the Emergency Powers Endanger the Rights of All Groups From Truckers to Marchers

For the first time in history, Canadian Prime Minister Justin Trudeau invoked the Emergencies Act to crackdown on what he has described as an attack on democracy itself in Canada. While civil libertarians in Canada have condemned the move as threatening core free speech and associational rights in the country, the American media and legal commentators have largely supported Trudeau in the use of these extreme measures. Indeed, I triggered a tsunami of criticism in stating that Canada could have used such powers to cut off donations for the Civil Rights Movement and arrest Martin Luther King today for such protests. This was due to the distortion of my comments on MLK being arrested (as opposed to being subject to arrest under this law). However, there was also an objection that there is no equivalency between the truckers and the Civil Rights Movement. Again, that is not the point of the reference:  the comparison was to the type of civil disobedience used in protests. The concern is that the Canadian government could declare such an emergency to crackdown on any group engaging in civil disobedience through blockades or occupation protests. It could even happen to Dr. King today if marchers sought to repeat historic marches in Canada. Without meaningful limits under the law, they could also be unilaterally declared threats to Canadian “sovereignty, security and territorial integrity” by Trudeau for acts of civil disobedience.

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Free Speech, Media, Politics

Incitement or Free Speech? CNN Analyst Calls For Slashing Tires as Critics Call for Action Against the Canadian Truckers

I have previously lamented what I call “the age of rage” and how many seem addicted to rage in our society. That was evident this week as many vented against groups ranging from the Canadian truckers to the unvaccinated. CNN analyst Juliette Kayyem seemed to suggest vigilantism as a proper response to the Canadian protesters while James Carville said that he wanted to punch the unvaccinated. I do not view either Kayyem or Carville as seriously advocating or condoning violence. However, the heated rhetoric highlights the danger of past demands from the left for censoring or prosecuting others for violent speech.

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Congress, Constitutional Law, Criminal law, Free Speech, Politics

North Carolina Board Asserts Right to Disqualify Madison Cawthorn as an “Insurrectionist”

The North Carolina elections board declared this week that it has the power to bar Rep. Madison Cawthorn (R-N.C.) from running for office due to his actions related to the Jan. 6, 2021, Capitol riot. It insists that it can enforce Section 3 of the Fourteenth Amendment and declared that he is an insurrectionist. It is a position that, in my view, is wholly outside of the language and intent of this provision. Cawthorn is right to challenge any such action as unconstitutional.

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Academia, Free Speech, International

GWU President Triggers Free Speech Fight After Declaring Posters Criticizing the Chinese Government Offensive
Mark Wrighton, the new president of George Washington University, triggered a national free speech controversy when he declared that he was “personally offended” by posters criticizing the Chinese government’s hosting of the Olympics. The posters attacked China for its human rights record, including allegations of genocide against the Uyghur Muslim minority. Wrighton not only declared his outrage at the political posters but suggested that an investigation would be launched. He later back-tracked and issued a statement Monday that the posters are political speech and would not be investigated. Wrighton admitted that “I should have taken more time to understand the entire situation before commenting.” The university came to the correct position but the initial response of President Wrighton was wrong and chilling for free speech on our campus.  The posters are jarring in their stark and violent images. Moreover, I do not think that President Wrighton is dismissive of the human rights allegations. However, the actions taken in this case were dismissive, initially, of the values of free speech. Continue reading “GWU President Triggers Free Speech Fight After Declaring Posters Criticizing the Chinese Government Offensive” →
Free Speech, International, Politics, Society

GoFundMe and the Nag’s Head Light: How Crowdfunding Has Become The Latest Battleground Over Free Speech

GoFundMe’s suspension of millions to support protesting truckers in Canada shocked many, particularly when the company initially announced its intention to distribute the money to other charities.  It was less of a surprise for those of us who have criticized the company for years over its use of the platform to target and block funds for conservative and libertarian causes. Indeed, the company has revised an old practice known as the “Nag’s Head light” in luring the unsuspecting into what has become a liberal lockbox on funds. Continue reading “GoFundMe and the Nag’s Head Light: How Crowdfunding Has Become The Latest Battleground Over Free Speech” →

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

“A Stain on Our Democracy”: Vindman Sues Donald Trump Jr., Rudy Giuliani and Others for Witness Intimidation

Lt. Col. Alexander Vindman, the former Director for European Affairs for the National Security Council, has filed a federal lawsuit alleging violations of his civil rights by Donald Trump, Jr.; attorney and Trump advisor Rudy Giuliani; former Deputy White House Communications Director Julia Hahn; and former White House Director of Social Media and Deputy Chief of Staff for Communications Daniel Scavino, Jr. He alleges a “conspiracy” to intimidate him and to retaliate against him as a witness against Donald Trump during his first impeachment proceedings. It claims that this conspiracy has left “a stain on our democracy.” The lawsuit is novel and would create new law, if successful. However, after reading the filing, I remain skeptical of the legal basis for the action. Continue reading ““A Stain on Our Democracy”: Vindman Sues Donald Trump Jr., Rudy Giuliani and Others for Witness Intimidation” →

Columns, Free Speech, Media, Politics

Can Joe Rogan Save Free Speech?

Below is my column on the campaign to cancel Joe Rogan and his podcast. Various celebrities and artists have joined the movement for censoring Joe Rogan, including Mary Trump. The White House has called for even greater action from Spotify to limit or remove content. We have also heard the same false narrative that, since the First Amendment only covers government action, this is not by definition a free speech issue. The argument is entirely divorced from any understanding of free speech. As we have previously discussed, the First Amendment is not the full or exclusive embodiment of free speech. It addresses just one of the dangers to free speech posed by government regulation. Many of us view free speech as a human right. Corporate censorship of social media clearly impacts free speech, and replacing Big Brother with a cadre of Little Brothers actually allows for far greater control of free expression. When it comes to media, information or social media platforms, corporate censorship can have a devastating impact on free speech.

Here is the column:

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Academia, Free Speech

Free Speech Showdown at Georgetown Law School

Georgetown Law Dean William Treanor is reportedly close to making a decision on whether to fire Ilya Shapiro as Executive Director of the Georgetown Center for the Constitution. Shapiro is under fire for his opposition to the pledge by President Joe Biden to limit consideration for the next Supreme Court nominee to a black female. Shapiro sent out a horrendously badly worded tweet that supported a liberal Indian-American jurist as opposed to a “lesser black woman.” He later removed the tweet and repeatedly apologized. However, Georgetown University’s Black Law Students Association and others are demanding his termination. I entirely understand the outrage over the language used in the tweet, but it does not warrant termination in my view. The controversy raises a stark choice for Georgetown in supporting or discarding principles of free speech and academic freedom.

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Academia, Free Speech

CSU’s Free Speech Trauma Program: University Posts 17 Different Resources to Help Students Deal With Opposing Views

We have previously discussed how universities have not only curtailed free speech but treated free speech as a threat to students. Nothing captures that trend as vividly as a sign (posted on the site Campus Reform) informing Colorado State University (CSU) students that there are 17 different departments or resources to help them if they are “affected by a free speech event.” Free speech is now treated like STDs and violence on campus with its own trauma-related or protective program. Despite the inherent message of the harmful effects of free speech, I still prefer such a program to a policy of speech censorship or curtailment. However, some of the “resources” appear to be ways to report “incidents of bias” and offenses for university action.

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Academia, Constitutional Law, Free Speech, Torts

University of Illinois (Chicago) Law Professor Sues Over Exam Controversy

We previously discussed the treatment of Professor Jason Kilborn, who was put on indefinite administrative leave after using a censured version of the n-word in an exam question at the University of Illinois Chicago (UIC). He is now suing the school over his treatment, including the required participation in sensitivity training and denial of a standard pay increase for faculty. We discussed today another free speech controversy at University of Illinois (Urbana Champaign) over the student government seeking to bar former Attorney General Jeff Sessions from campus.

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Academia, Free Speech

University of Illinois Student Government Demands School Bar Jeff Sessions From Campus
The student government at University of Illinois Urbana-Champaign has overwhelmingly passed a resolution demanding that former U.S. Attorney General Jeff Sessions be barred from campus. Sessions is schedule to speak on February 1, 2022. The “Safe Campus” resolution passed 21-5-1 and declared that the visit is “inappropriate and insensitive” and a “‘slap in the face’ to the university’s commitment to DEI,” particularly during Black History Month. Continue reading “University of Illinois Student Government Demands School Bar Jeff Sessions From Campus” →
Free Speech, Media

WHO Head Tedros Supports Corporate Censorship to Combat the “Infodemic”

World Health Organization (WHO) head Tedros Adhanom Ghebreyesus appears to be expanding the scope of his global effort from the pandemic to what he calls the “infodemic.” Tedros weighed into the conflict between musician Neil Young and podcaster Joe Rogan and streaming giant Spotify. Tedros supported Young’s demand that Rogan be censored by the company for his views on the virus and treatments. It was a particularly glaring position for Tedros after he and WHO have been repeatedly accused of supporting China in early efforts to scuttle investigations into the lab theory on the origin of this virus.

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Academia, Free Speech

Study: Sixty-Five Percent of College Students Believe that They Cannot Speak Freely on Campus

We often discuss (including a controversy today) the growing intolerance for opposing views on our campuses and the rising generation of censors in our society. Students and even faculty members increasingly call for the silencing or firing of those who espouse opposing views on a range of different subjects. The speech codes and sanctions on campuses have silenced many who might voice dissenting views, as we have seen in prior polling. That has created a type of academic echo chamber in scholarship and classrooms. Now, a new study offers insights into the extent of that chilling effect for our students. The Knight Foundation released a new study showing that sixty-five (65) percent agreed that people on campus today are prevented from speaking freely. The poll is additional evidence of the failure of administrators and faculty to maintain campuses as forums for free thought and intellectual engagement.

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Academia, Free Speech

Terf Fight: Staffordshire Professor Under Investigation for Criticism of Housing Transgender Inmates in Women’s Prisons

We have been following the growing number of feminists denounced as Trans Exclusionary Radical Feminists (TERFs) around the world in free speech cases. These advocates have voiced opposition to transgender policies and laws that they believe “erase” or “marginalize” biological women. The latest such case is out of the United Kingdom where Staffordshire University criminologist Professor James Treadwell is under investigation for “transphobia” due to his call to keep prisons single sex for the protection of female inmates. In 2018, Karen White, a transgender inmate, sexually assaulted another inmate in a women’s prison. While Treadwell expressed his views on social media, he has been informed that he is being investigated for possible sanctions or termination.

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Res ipsa loquitur – The thing itself speaks