
CBS has fired Hayley Geftman-Gold, the network’s vice president and senior counsel, after a bizarre and disgraceful tweet saying that she is “not even sympathetic” to victims of the Las Vegas shooting because “country music fans often are Republican gun toters.” We have been discussing the free speech concerns over employees being disciplined for expressing their political or religious viewpoints on social media. However, this is a news network that contractually reserves the right to terminate employees for conduct deemed inimical to its journalistic image or mission.
Category: Media
By Darren Smith, Weekend Contributor
After the recent controversy involving NFL players kneeling before the National Anthem at the beginning football games, long time NFL sponsor Papa John’s Pizza no longer displays the NFL Logo or indications of sponsorship on its official website.
While no reference as to the reasons given has been made readily publicly available, there exists the possibility the company might be having at least reservations with presently displaying a logo engendering increasing disfavor with large segments of its customer base.
Papa John’s once branded itself as the Official Pizza of the NFL.
Continue reading “NFL Logo No Longer Shown On NFL Sponsor Papa John’s Website”
I have previously criticized Supreme Court Justice Ruth Bader Ginsburg for her continued political comments in speeches to liberal and academic groups. While not unique on the Court, Ginsburg is something of recidivist in abandoning the long-standing avoidance of justices of political discussions. Indeed, justices previously avoided most public speeches where Ginsburg has readily embraced her public persona. Her latest comments occur on the eve of the start of the new term, a term with an array of major cases that arose from highly charged political conflicts over immigration, discrimination, and gun rights. In her latest comments, Ginsburg echoed comments by Hillary Clinton that sexism was a big part of Trump’s victory. It is precisely the type of political commentary that has cast a shadow over the credibility of the Court in earlier controversies.
Continue reading “Ginsburg Declares Sexism Was Major Factor In Trump Win As Court Starts New Term”
As I discussed in a column in the Hill, the controversy over the anthem protests has expanded into the area of constitutional law with suggestions that comments by President Donald Trump could be part of the basis for his impeachment. While I do not place much credence in such calls (though they constitute a worrisome trend), I do find the political dimension of the controversy fascinating. Polls show that a majority of citizens still share the President’s view that such protests are not appropriate though this percentage has fallen a bit and a majority also rejects Trump’s call for players to be fired for such protests. In the meantime, there is a controversy directed not at Trump or the NFL, but broadcasters like ESPN, which reportedly avoided showing booing fans during these games. There appears to have been a very large and vocal opposition in the stands to the appearance of kneeling players that was not shown as the cameras focused instead on the kneeling players while discussing their protest.

Below is my column in the Hill newspaper on the recent demand by Special Counsel Robert Mueller of material in over a dozen different areas. The most intriguing is likely to be the two documents referenced by Trump personal counsel Ty Cobb in an overheard conversation at a popular D.C. restaurant. The conversation has many in the Beltway scratching their heads and a few smirking. Cobb is an experienced lawyer who sees this investigation as unlikely to produce any compelling basis for a criminal charge. Conversely, White House Counsel Don McGahn is properly concerned with the danger of establishing precedent in the area of executive privilege that could undermine future presidents. Cobb is a bit too experienced in this town to make such an amateurish mistake as discussing loudly an internal fight over the documents in McGahn’s safe — a previously undisclosed dispute. It would certainly be intriguing if the reporter was told to have lunch at BLT and bring his notebook (Technically Cobb did not leak anything in being overheard). It would have been a truly Machiavellian move against McGahn. However, there is no evidence supporting such a theory. Ifthat were the case, the reporter’s story would be highly misleading since he clearly conveyed that this was a pure coincidence and a surprise. Moreover, such an arrangement would be unethical in my view even if Cobb thought it in the best interest of the President. These remain documents under a claim of privilege and presumably there was a decision not to make the disclosure. I am inclined to give Cobb the benefit of the doubt, though that means assuming that he committed a rather rookie error.
Continue reading “The Mystery of Don McGahn’s Safe: The Special Counsel Demand Could Shed Light On Two Mysterious Documents”
Saudi Sheikh Saad al-Hajari has reportedly come out strongly against the movement to allow women in the Kingdom to drive. Sheikh Saad al-Hajari said that the ban should remain because women possess a “lack of intellect” compared to men. He explained that they have only half the brainpower of males.
Continue reading “Saudi Cleric Declares That Women Lack the Intelligence To Drive”
Sometimes being a supporter of free speech can be really really really hard. A leading expert of “comparative jurisprudence” and Sunni cleric at al-Azhar University, Dr. Sabri Abdel Raouf, has been placed under review by his university (and ordered by the state media regulator to stay off the air) after dispensing some rather chilling advice on Sharia law and Islamic values. Abdel Raouf had told viewers that it is is permissible under Islamic law for a husband to have sex with his dead wife in what is called “goodbye intercourse.” The action taken by the university and the government highlights the curious line drawn over the discussion of Islam in Egypt. Moreover, it is a rather bizarre example of the debate that we are having in this country over the right of academics to engage in free (and controversial) speech outside of their schools. In this case, both the university and the government have moved to prevent anyone from airing these views as an insult to Islam.
The United States Court of Appeals for the Second Circuit has reinstated the defamation lawsuit against Rolling Stone by the Phi Kappa Psi fraternity. The decision by Judge Katherine Forrest is an interesting application of the rarely successful “group defamation” claim. The decision comes as the Rolling Stone magazine itself has been put up for sale. As I have previously written, the editors failed on almost every level in the scandal, including failing to fire author Sabrina Erdely for the article alleging the gang rape of a freshman identified as “Jackie” at the University of Virginia. The panel in Elias v. Rolling Stone, 16-2465-cv, consisted of U.S. Circuit Judges José Alberto Cabranes and Raymond Lohier Jr., with U.S. District Judge Katherine Forrest of the Southern District of New York sitting by designation. The vote was 2-1.
Below is a column that I wrote for the Hill Newspaper in response to a “fact checker” column by the Washington Post. I have written for the Washington Post and have great respect for the publication. Indeed, I have objected to the attacks by President Donald Trump on the Post and the New York Times which remain two of our premiere journalistic organizations. However, I was frankly floored by the column by Glenn Kessler in criticizing White House Press Secretary Sarah Huckabee Sanders. I have discussed previously how there has been a palpable bias in reporting on the Trump Administration. It is often that case that some journalists are not simply satisfied with disagreeing with the Administration. They sometimes take judgment calls or opinions and declare the Trump side to be simply factually incorrect. This relieves the need for readers to address the opposing view of controversies like the alleged misconduct of former FBI director James Comey. Those views are simply dismissed as untrue. This is a prime example.
Here is the column:
Below is my column in the Hill Newspaper on the allegations raised by the White House over the alleged misconduct of former FBI Director James Comey. It is clear that Comey violated FBI rules and regulations — offenses that would have likely cost any of his subordinates their jobs at the Bureau when he was director. However, there remains a virtual news blackout on the obvious violations and their implications.
Here is the column.
Philippine President Rodrigo Duterte has become an international pariah for his orders to police to murder drug suspects and his bragging about his own killings. Thousands of suspected drug dealers have been killed under Duterte. For that reason, many of us were alarmed by President Donald Trump’s praise of Duterte as “a good man” and praising his crackdown on drugs. Duterte however shows no ability to control himself any more than his son (who has been implicated in drugs and corruption) or his henchman . . . or his mouth. Last week, Duterte was asked by the head of the country’s Commission on Human Rights (CHR) about the killing of teenagers by his police and supporters. Duterte’s response was to ask if CHR head Chito Gascon was a pedophile. It is the type of disgusting and dismissive attitude that Duterte has shown all notions of human rights or human decency.
The only thing worse than Harvard’s Kennedy School of Government appointing Chelsea Manning as fellow was the school’s withdraw of the fellowship. The school today succeeded in demonstrating to the world that its fellowships have zero intellectual content by first appointing Manning without a clear explanation of her expected academic contributions and then terminating the appointment under pressure. As academics, we are not supposed to remove academic appointments because individuals are controversial or unpopular. If Harvard was sticking by its academic reasons for the appointment, it should stick by its appointee.
Continue reading “Harvard Rescinds Manning Fellowship Under Pressure”
I will be participating in a panel today on the Supreme Court’s October Term 2017 with a stellar panel of experts at George Washington University. This has the makings of a historic term with issues ranging from President Trump’s travel ban to gerrymandering to religious objections to providing services for same-sex weddings. The panel will speak about possible new cases and possible outcomes in existing cases with many leading Supreme Court journalists and lawyers in attendance.
John Jay College has