Category: Free Speech

Academia, Free Speech, Media, Politics, Society

Texas Professor Triggers Free Speech Fight After Calling For The Death Of All Police By Strangulation with the “Intestines of the Last Capitalist”

Midwestern State University in Texas Professor Nathan Jun has triggered a free speech fight in Texas after a series of unhinged, hateful statements on social media. Wearing an Antifa teeshirt on social media, Jun has lashed out at police, capitalists, and politicians.  His views are extreme and offensive. They are also, in my view, entirely protected. Much like the banning of Louis Farrakhan discussed yesterday, Jun is the test of our true commitment to free speech. By supporting this right to speak, we support the right of everyone, including the vast majority who view Jun’s comments as deeply unsettling and obnoxious. Continue reading “Texas Professor Triggers Free Speech Fight After Calling For The Death Of All Police By Strangulation with the “Intestines of the Last Capitalist”” →

Free Speech, Media

Res Ipsa Hits 45,000,000

crowd vj dayThis morning, we passed the 45,000,000 mark in views on the blog. The blog continues to grow with new regular commenters and a growing international readership. The continued growth is due primarily to our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. We continue to rank with the top legal blogs in the world. As always, I want to offer special thanks for Darren Smith who has continued to help manage the blog and help out folks who encounter posting problems.

So here is our current profile:

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Free Speech, International, Society

YouTube Reportedly Shuts Down Farrakhan And The Nation Of Islam

As many on this blog know, I have been a long and vocal critic of Louis Farrakhan, who regularly espouses racist and antisemitic views.  Coming from Chicago, I have criticized Farrakhan for years, including recent posts.  Nevertheless, the move by YouTube to remove the video channel of the Nation of Islam is in my view another example of private censorship of speech on the Internet.  Many of us have denounced Farrakhan, but censorship begins with the most unpopular and obnoxious among us.  This action places the Internet on the slippery slope where more and more speech is likely to be banned as offensive or hateful. Continue reading “YouTube Reportedly Shuts Down Farrakhan And The Nation Of Islam” →

Constitutional Law, Criminal law, Free Speech

No Friend of the Court: Federal Judge Dismisses Lawsuit Challenging Arrest For Warning “Cops Ahead” In Connecticut
ACLU of Connecticut

In Connecticut, U.S. District Judge Alfred V. Covello has dismissed a free speech challenge that could have sweeping implications for protests against police operations or policies. Michael Friend was arrested in 2018 after he held up a sign warning motorists “Cops Ahead.” The police were looking for distracted drivers in Stamford. Covello ruled that Friend did not have a free speech right in making such a protest. As will likely surprise few on this blog, I disagree. Covello’s decision dismisses the obvious political and social viewpoints reflected in Friend’s protest. Under this standard, a wide variety of speech could be curtailed as inimical to police operations.

Continue reading “No Friend of the Court: Federal Judge Dismisses Lawsuit Challenging Arrest For Warning “Cops Ahead” In Connecticut” →

Free Speech, Media, Politics

New York Times Publishes Column By “Beijing’s Enforcer” In Hong Kong Despite Apologizing For Cotton Column

The New York Times on Thursday published an opinion column by Regina Ip, the Hong Kong official widely denounced as “Beijing’s enforcer.” Ip declared “Hong Kong is part of China” and dismissed the protesters fighting for freedom in their city.  I have no objection to the publishing of the column. Ip is a major figure in Hong Kong and, despite her support for authoritarian rule and crushing dissent, there is a value to having such views as part of the public debate. Rather, my concern is that the New York Times was denounced by many of us for its  cringing apology after publishing a column by Sen. Tom Cotton (R, Ark.). and promising not to publish future such columns. So it will not publish a column from a Republican senator on protests in the United States but it will publish columns from one of the Chinese leaders crushing protests for freedom in Hong Kong.

Continue reading “New York Times Publishes Column By “Beijing’s Enforcer” In Hong Kong Despite Apologizing For Cotton Column” →

Criminal law, Free Speech, Media, Society, Supreme Court, Torts

Does Officer Jonathan Mattingly Have A Defamation Case In The Coverage Of The Breonna Taylor Case?

Louisville Metro Police Sgt. Jonathan Mattingly is reportedly moving forward with defamation actions against those who have called him a “murderer” for his role in the Breonna Taylor case. His attorney Todd McMurtry has been unclear on who would be sued for the commonly used label following the shooting of Taylor and her boyfriend Kenneth Walker.  A defamation is possible but it would be highly challenging under controlling case law and this specific context. Continue reading “Does Officer Jonathan Mattingly Have A Defamation Case In The Coverage Of The Breonna Taylor Case?” →

Academia, Free Speech, Media, Politics, Society

Wisconsin Student Newspaper Fires Columnist After Writing Column Opposing The Defunding Of Police

We have been discussing a crackdown on some campuses against conservative columnists and newspapers, including the firing of a conservative student columnist at Syracuse, the public condemnation of a student columnist at Georgetown, and a campaign against one of the oldest conservative student newspapers in the country at Dartmouth. Now, The Badger Herald, a student newspaper at the University of Wisconsin Madison, has dismissed columnist Tripp Grebe after he wrote a column opposing the defunding of police departments. What was equally disturbing was how the rationale for this raw act of viewpoint intolerance tracked the rationale used by the New York Times in a controversy over the column by Sen. Tom Cotton on the George Floyd protests.

Continue reading “Wisconsin Student Newspaper Fires Columnist After Writing Column Opposing The Defunding Of Police” →

Free Speech, International, Politics, Religion, Society

Turkish Feminist Jailed For Calling Erdogan “An Enemy of Women”

We have followed the rapid destruction of the secular government and civil liberties in Turkey under the authoritarian rule of Turkish President Recep Tayyip Erdogan. Erdogan used a failed coup to push his effort to create a de facto Islamic regime and to complete his work in arresting his critics, including forcing the resignation of thousands of secular academics, and suspending all civil liberties in a proclaimed state of emergency. Despite Erdogan’s repression of dissidents and groups in the name of Islam, there remain people of courage who defy him and his government. Sebahat Tuncel was sentenced Saturday for saying (four years ago) that Erdogan was a “complete misogynist” and an enemy of women — statements that are demonstrably true.

Continue reading “Turkish Feminist Jailed For Calling Erdogan “An Enemy of Women”” →

Academia, Free Speech, International

Rowling’s Books Burned or Banned Around the World Over Her Personal Views Of Gender

In Harry Potter, Albus Dumbledore told the students of Hogwarts School of Witchcraft and Wizardry that “It takes a great deal of bravery to stand up to our enemies, but just as much to stand up to our friends.”  Many are learning the truth of that line written by famed author JK Rowling as self-described progressives burn her books or ban them from shelves because she personally holds an opposing view of gender.  Much like the boycott movement of Chick-Fil-A over comments by its CEO, people are seeking to punish Rowling through attacks on her literature.  We previously discussed the embracing of art destruction as analogous to book burning, but now actual book burning is being embraced as a weapon of the woke.

Continue reading “Rowling’s Books Burned or Banned Around the World Over Her Personal Views Of Gender” →

Constitutional Law, Criminal law, Free Speech, Justice, Politics, Society

The Use of Sedition Laws Against Rioters Would Be Wrong

I have been critical recently of remarks attributed to Attorney General Bill Barr, including the alleged consideration of criminal charges against a mayor for not acting against rioters and the use of sedition charges against some individuals. The latter allegation was reinforced by the Associated Press after it obtained a memo to United States attorneys.  The memo suggests a more general use of sedition for anyone opposing government authority by force. Such a use of sedition laws directly threatens free speech values and would return to dark periods of the suppression of dissent in our country.  It is also entirely unnecessary given the array of ample and severe laws available to punish looters and rioters.

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Academia, Free Speech, Politics

“Antifa Is A Real Thing”: FBI Director Wray Rebuts Democratic Claims That Antifa Is a “Myth”

I recently testified on Antifa and the growing anti-free speech movement in the United States. I specifically disagreed with statements by Democrats denying that Antifa was playing a role in protests or, as House Judiciary Committee Chair Jerry Nadler claimed, Antifa is a “myth.” This afternoon, FBI Director Chris Wray pushed back on similar claims and declared that “Antifa is a real thing” and that the FBI has various cases of self-identified Antifa members involved in criminal conduct.

Continue reading ““Antifa Is A Real Thing”: FBI Director Wray Rebuts Democratic Claims That Antifa Is a “Myth”” →

Academia, Bizarre, Free Speech, Media, Politics, Religion

“Opus Dei, Anyone?”: Laurence Tribe Raises Barr’s Religious Beliefs In Latest Diatribe [Updated]

Many of us criticized statements attributed to Attorney General Bill Barr this week calling for the use of sedition laws against rioters. However, instead of raising constitutional or statutory objections, Harvard Professor Laurence Tribe instead raised Barr’s Catholic faith in a completely unwarranted and unfounded tweet. The response to the reference was total silence. Not a single professor at Harvard or elsewhere chastised the use of a person’s religion in such commentary. This is not the first profane or prejudiced statement by Tribe.

Continue reading ““Opus Dei, Anyone?”: Laurence Tribe Raises Barr’s Religious Beliefs In Latest Diatribe [Updated]” →

Academia, Constitutional Law, Free Speech, Lawyering, Media, Politics, Torts

Dershowitz Sues CNN For $300,000,000 In Defamation Action

Alan Dershowitz just filed a whale of a lawsuit against CNN, though it could end up beached in short order under controlling case law.  The Harvard Law professor emeritus is demanding $300,000,000 in compensatory and punitive damages from CNN for misrepresenting his legal arguments in the Trump impeachment trial.  In fairness to Dershowitz, the coverage of the trial by CNN was dreadful with intentionally and consistently slanted coverage of the evidence, standards, and arguments.  However, the objections raised by Dershowitz are likely to be treated as part of the peril for high-profile figures operating in the public domain. In other words, you can complain about the weather but you cannot sue the storm. Continue reading “Dershowitz Sues CNN For $300,000,000 In Defamation Action” →

Columns, Free Speech, Media, Politics, Society

Doth Protest Too Much? Why Corporate and Academic Confessions Increasingly Fall On Deaf Ears
Twitter/Screenshot

Below is my column in The Hill newspaper on the anti-racism demonstrations from the NFL displays to corporate campaigns to academic confessions. What is most striking about these campaigns is how little they are likely to impact opinions on racism. Indeed, the NFL displays were not only booed by fans but denounced by figures like former San Francisco 49ers quarterback Colin Kaepernick as meaningless propaganda. Most people are unwilling to discuss racism honestly.  Booing is a form of anonymous speech and many of those individuals would not want to speak publicly about countervailing views of racial justice or the role of the NFL in such causes. Unless we can have that honest (and mutually tolerant) discussion, few minds will be changed in these campaigns.  That requires a real interest in discussing different views of racial justice and its underlying issues for social reform, not just repeating affirmations or offering confessions.  Otherwise, many are tuning out these demonstrations. There is clearly a view of many that corporations “doth protest too much” and mean too little in terms of real change in attitudes on racism.

Here is the column:

Continue reading “Doth Protest Too Much? Why Corporate and Academic Confessions Increasingly Fall On Deaf Ears” →