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.
Category: Media
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:
John Jay College has placed adjunct professor Michael Issacson on leave after a rather shocking tweet that “Some of y’all might think it sucks being an anti-fascist teacher at John Jay College but I think it’s a privilege to teach future dead cops.” Issacson is a known supporter and activist with Antifa, an organization that I have previously criticized. His tweet led to a national outcry, though we have been debating this issue of professors and teachers exercising free speech outside of their academic settings. In this case however Issacson was referring directly to his employer and his teaching position. The John Jay College of Criminal Justice is part of the City University of New York.
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.
The Meat & Livestock Australia organization is under fire for its advertising campaign, which includes a humorous dinner scene of deities, prophets, and religious figures enjoying a lamb dinner. The gods including Scientology founder L Ron Hubbard , Jesus, God, Aphrodite, Zeus, Buddha, Ganesh and Moses as well as other Gods and one atheist. at a long dining table to enjoy a spring barbecue of lamb. A formal complaint has been lodged by the High Commission of India for the depiction of the Hindu god Ganesha. The effort to have fun with the notion of the lamb of gods clearly did not resonate with some who declared the commercial as distasteful.
Continue reading “Australian Lamb Industry Under Fire For Deity Commercial”
It takes a great deal for me to feel sympathy of Martin Shkreli, but the recent filing by the Justice Department has me wondering if he is not being treated unfairly due to this infamous reputation. The DOJ has asked for Shkreli’s bail to be revoked because he offered to pay anyone $5000 for a hair of Hillary Clinton. It was a stupid posting that Shkreli later said was “satire” but the DOJ insists that it makes him a danger to society. I do not agree. What it does (as with so much of the statements and conduct of Shkreli) is undermine his case before the Court. Indeed, in addressing any fine, the court could take that view that (if Shkreli views a hair worth $5000 of his money) the sky is the limit for a truly impactful fine.
While Shkreli gained infamy as a pharmaceutical executive due to his obscene price increase for the drug Daraprim, was actually convicted in August of three of eight fraud counts related to hedge funds he ran. He is free on a $5 million bail.
Below is my column in the Hill newspaper on the decision of President Donald Trump to rescind DACA and send the issue back to Congress with a six-month grace period. While I support some accommodation for those brought here as young children and hope that Congress will pass new legislation, I still view DACA as a flagrantly legislative act by President Barack Obama carried out through his unilateral executive authority.
Continue reading “DACA And The Costs Of Constitutional Short Sellers”
There is a new free speech controversy on a university campus this week. Robbie Travers, a 21-year-old third-year law student at the University of Edinburgh, is under investigation for a “hate crime” after mocking ISIS fighters targeted in a massive air strike by the United States. Esme Allman, a second-year history student, accused Travers of “blatant Islamophobia” and creating an unsafe environment for students through his mocking of the terrorists being helped to paradise.
Below is my column in the Hill Newspaper on the call of House Minority Leader Nancy Pelosi to cancel the permit of a conservative group seeking to hold a “Patriot Prayer” event in San Francisco. As discussed in the posting today on Berkeley Mayor Jesse Arreguin’s call to end a Free Speech event, leaders are latching on to a new way to limit speech. While professing fealty to free speech, Pelosi, Arraguin, and others seek to deny it on the basis for how critics might react. The West has grown weary of Free Speech and these are the voices calling for greater restraints and regulation of speech. It is the new anti-speech pretext: leaders seek to protect the public from free speech in the name of public safety.
Here is the column:
We have been discussing the disciplining of professors for their statements on social media and the concern that there are different standards being applied in such cases. As many of you know, I take a robust view of free speech rights and have been critical of the monitoring and punishment of teachers for expressing their political and social views outside of campus. The latest such controversy comes from Clemson University where Assistant Professor Bart Knijnenburg went on Facebook to call Trump supporters and Republicans generally “racist scum.”
Continue reading “Clemson Professor Under Fire For Calling All Republicans “Racist Scum””
We previously discussed how the coverage of President Donald Trump’s low polling numbers often omits that Bill Clinton had similar numbers and more importantly media darling French President Emmanuel Macron has similarly low numbers and those numbers are dropping. That does not change the fact that this White House is rapidly alienating allies both domestic and foreign. However, a new poll confirms that Macron shows the same dropping popularity over the same period of time with only 40 percent now in favor of the job that he is doing. If you think, it is time for a Macron makeover . . . think again.
Continue reading “Macron Makeover: Fifty-Seven Percent Now Dissatisfied With French Leader”