Category: Politics

Constitutional Law, Free Speech, Politics, Religion

Houston-Area Residents Told To Certify That They Do Not Support Boycotting Israel As Pre-Condition For Hurricane Relief

Texasisrael1We recently discussed the free speech and associational implications of a Kansas teacher barred from a job due to her church’s support for the boycott, divestment and sanctions (BDS) movement. Now there is a story out of Dickinson, Texas where residents were told that they had to guarantee that they do not support boycotts of Israel as a pre-condition of hurricane relief.  Again, this is nothing to do with the merits of the BDS controversy or Israel.  The question is the constitutionality of the federal or state government demanding such commitments from citizens to secure employment or relief.

 

Continue reading “Houston-Area Residents Told To Certify That They Do Not Support Boycotting Israel As Pre-Condition For Hurricane Relief” →

Politics, Society, Travel Blog

A Walk Through The Windy City

IMG_7607I am in my hometown of Chicago this weekend — still recovering from the loss of our Cubs to the Dodgers (who cheated by hitting the balls outside of Wrigley where our players could not catch them and throwing the balls really, really fast so we could not hit them).  Returning home for me continues to be rejuvenating, particularly with this unseasonably warm weather.  I wanted to share a few pictures of our beautiful city to counter the dire descriptions that have been raised in the political forum.  Chicago is experiencing a terrible violent crime wave, but the city is not the hellscape that comes out of some political exchanges.  I will readily admit that I am biased.  I have always been proud to be a Chicagoan and raised in this resilient city.  I hope that people will come for themselves to experience the wonderful lakeshore, restaurants, bars, museums, architecture, boating, sports, and sights.

Continue reading “A Walk Through The Windy City” →

Academia, Environment, International, Politics

Study: Pollution Kills More People Than War, Smoking, Hunger, and Other Causes of Death

220px-AlfedPalmersmokestacksWe have previously discussed how environmental dangers remain something of an abstraction for most people who fail to recognize that changes in air or water pollution standards results in high and quantifiable rises in death rates.  Even changes in areas like shipping fuels can translate to thousands of deaths.  However, since these deaths are not immediate and borne privately, the true costs of pollution are often dismissed.  I have been highly critical of the environmental record of the Trump Administration for this reason in rolling back on protections in a variety of areas as well as appointing regulators with anti-environmental records.  Now a new major study has found that environmental pollution kills more people every year that all of the wars.  It exceeds the death tolls for smoking, hunger or natural disasters combined. It kills more than AIDS, tuberculosis and malaria combined. Yet, unlike these causes of death, pollution remains a policy concern that is often pushed to the side for more immediate goals like job creation.  This is not to say that environmental protection would trump all other concerns but rather the real costs of such pollution are rarely discussed in real terms of premature deaths by politicians.

Continue reading “Study: Pollution Kills More People Than War, Smoking, Hunger, and Other Causes of Death” →

Columns, Media, Politics, Society

Orange is the New Black: Clinton Complained Of Being “Shivved” By Comey

Below is my column in the Hill Newspaper on latest statement on the cause of her electoral defeat . . . other than herself.  Clinton’s use of prison lingo is only marginally better than her curious decision to compare herself to Cersei Lannister,the murderous, incestuous queen in Game of Thrones.  Notably, after the column posted, it was confirmed that there were roughly 3000 government communications found on Weiner’s laptop — leading to the re-opening of the investigation. As noted below, the belated discovery (and the delay in resolving the controversy) can be laid at the feet of Clinton and her staff.  The Clinton team delayed turning over material and participating in interviews.  Their disclosure of material was incomplete and ultimately lead to the “shiv” referenced by Clinton.

Here is the column:

 

Continue reading “Orange is the New Black: Clinton Complained Of Being “Shivved” By Comey” →

Academia, Bizarre, Constitutional Law, Free Speech, Media, Politics, Society

Former FEC Chair Calls For Crackdown on Internet “Disinformation” In Major Threat To Free Speech
Ann_RavelIn one of the most reckless and chilling attacks on free speech, the former chair of the Federal Election Commission (FEC) and Berkeley lecturer Ann Ravel is pushing for a federal crackdown on “disinformation” on the Internet — a term that she conspicuously fails to concretely define.  Ravel is pushing a proposal that she laid out in a a paper co-author with Abby K. Wood, an associate professor at the University of Southern California, and Irina Dykhne, a student at USC Gould School of Law.  To combat “fake news,” Ravel and her co-authors would undermine the use of the Internet as a forum for free speech.  The regulation would include the targeting of people who share stories deemed fake or disinformation by government regulators.  The irony is that such figures are decrying Russian interference with our system and responding by curtailing free speech — something Vladimir Putin would certainly applaud.

Continue reading “Former FEC Chair Calls For Crackdown on Internet “Disinformation” In Major Threat To Free Speech” →

Bizarre, Constitutional Law, Politics, Religion, Society

“The Very Definition Of Tyranny”: Roy Moore Calls For Justices To Be Removed For Voting For Same-Sex Marriage

Supreme CourtIt appears that the Senate race in Alabama between Republican Roy Moore and Democrat Doug Jones is now a dead heat.   The tie in the normally reliable red state reflects controversial views of Moore who was twice removed from his job as chief justice of the Alabama Supreme Court for defying federal court orders.  One of his most alarming recent statements concerns the Supreme Court.  Moore told followers that he would support the impeachment of any justice voting in favor of same-sex marriage, a position that would destroy the integrity and traditions of our legal system.

 

Continue reading ““The Very Definition Of Tyranny”: Roy Moore Calls For Justices To Be Removed For Voting For Same-Sex Marriage” →

Academia, Bizarre, Politics, Society

“It’s A Sin To Kill A Mockingbird”: Biloxi School District Removes Harper Lee Classic After Parent Complaints Over Offensive Language

To_Kill_a_MockingbirdIn To Kill a Mockingbird, Scout says early on in the story that she only heard her father Atticus say that one thing was a “sin.”  Atticus said  “remember it’s a sin to kill a mockingbird.” The Biloxi School District appears to repentant sinner this month after it axed the Harper Lee classic because some parents complained about the book’s language.  Despite being one of the most powerful works in history against racism, parents could not overcome the authentic Southern and racist lexicon of the period.  News reports indicate that the problem was the use of the “n-word” in a Southern period where that word widely used.

Continue reading ““It’s A Sin To Kill A Mockingbird”: Biloxi School District Removes Harper Lee Classic After Parent Complaints Over Offensive Language” →

Columns, Congress, Constitutional Law, Courts, Media, Politics

Democrats Challenge The Right Of Trump To Rescind Obama Order That A Federal Court Declared Unconstitutional

donald_trump_president-elect_portrait_croppedHealth_Care_Delivery_System_Reform_and_The_Patient_Protection_&_Affodable_Care_Act.pdfThere are now eighteen states and the District of Columbia lined up to challenge the executive order by President Donald Trump to rescind the Obama order giving insurance companies billions in subsidies . . . without an appropriation of Congress.  As explained below, this challenge advances a rather curious claim that Trump cannot rescind an earlier order found to be flagrantly unconstitutional by a federal court.  In most high-profile litigation cases, counsel spends considerable time exploring whether a challenge will allow a bad case to make bad law on appeal.  That would seem the most likely outcome here but much of the litigation by Democratic Attorneys General have been driven more by political than legal calculations.  Voters now expect every act of Trump to be challenged and no Democratic AG wants to be the only one to sit out a challenge to an unpopular order.  The result is a type of perpetual litigation machine where bad precedent is being cranked out because it is viewed as good politics.

Here is the column:

Continue reading “Democrats Challenge The Right Of Trump To Rescind Obama Order That A Federal Court Declared Unconstitutional” →

Academia, Constitutional Law, Courts, Media, Politics, Religion

Kansas Teacher Barred From Employment Due To Her Support For Boycott Movement

israel1download-1We have been discussing the increasing scrutiny being applied to teachers and professors over their political views and social media commentary.  A particularly problematic case has been taken up by the American Civil Liberties Union (ACLU) involving Kansas teacher Esther Koontz.  The long-time math teacher (and something called a “curriculum coach”) at Horace Mann Dual Language Magnet School in Wichita, Kansas, Koontz was barred from renewing her contract as  teacher because she supports the boycott of Israel over the occupation of Palestinian territories.  This is not simply reflective of her political views but a religious based obligation as a member of the Mennonite Church USA.  The church in July voted to divest itself from American companies that profit off of Israel’s occupation of the Palestinian territories.  The Kansas law therefore collides head on with the rights of free speech, free exercise, and free association.

Continue reading “Kansas Teacher Barred From Employment Due To Her Support For Boycott Movement” →

Bizarre, Criminal law, Politics

Court Orders The Belated Release Of Gianforte Mugshot

DL4toDGUEAEgsVAWe often debate how to take the best mugshot. Rep. Greg Gianforte (Mont.) went with the smile option and the results are pretty good. Nevertheless, Gianforte fought mightily to block the release of the mugshot after he assaulted a reporter.  He lost this week and a court ordered its release. This is the mugshot.

 

Continue reading “Court Orders The Belated Release Of Gianforte Mugshot” →

Free Speech, Media, Politics

Wisconsin Adopts New Policy Allowing Suspension or Expulsion of Students Disrupting Speakers or Events

WisconsinStateSealMany of us have been warning for years about the anti-free speech activities of various protest groups in barring speakers and even taking over classrooms.  I have long advocated suspending students who prevent others from speaking or attending such events and expelling those who are repeat offenders.  Now the University of Wisconsin system has adopted such an approach, though some of the terminology is problematic in my view.  Nevertheless, while the policy (found here) could be more specific in defining terms like “disrupt,” it is a move that could go a long way in restoring free speech protections.

Continue reading “Wisconsin Adopts New Policy Allowing Suspension or Expulsion of Students Disrupting Speakers or Events” →

Constitutional Law, Media, Politics, Society

NAACP Denounces Demand For Players To Stand At NFL Games As “Unconstitutional”

Naacplogo300px-National_Football_League_logo.svgThe National Association for the Advancement of Colored People (NAACP) has Cowboys owner Jerry Jones saying that any players who protest during the anthem will be disciplined and not allowed to play. The NAACP has denounced the policy as “unconstitutional.”  While one can certainly disagree on the merits over the protests, teh NAACP is wrong on the constitutionality of such a policy.  An employer can clearly bar political protests during work hours. Moreover, the First Amendment is primarily directed to limiting government interference or regulation of speech.  While a public university qualifies as a state actor, it does not necessarily mean that protests are protected.  Even on college fields, school are giving considerable leeway in setting such rules, including the recent dismissal of a college quarterback for kneeling.

 

Continue reading “NAACP Denounces Demand For Players To Stand At NFL Games As “Unconstitutional”” →

Academia, Free Speech, Politics, Society

“Expect Resistance To Anyone Who Opposes Us”: Oregon President Blocked From Speaking By Student Protesters Against “Neo-Nazis”

Screen Shot 2017-10-11 at 7.44.07 AM.pngUniversity of Oregon President Michael Schill probably thought that he would be the least likely university president to find himself silenced by the raising anti-speech protests by students. After all, Schill himself has been denounced as part of the anti-free speech trend after he supported the university’s punishment of a law professor for wearing an allegedly offensive Halloween costume at her own party off campus.  However, Schill was unable to give his annual state of the university speech after students took over the event and denounced him a  “CEO” of a “business firm.”

Continue reading ““Expect Resistance To Anyone Who Opposes Us”: Oregon President Blocked From Speaking By Student Protesters Against “Neo-Nazis”” →

Bizarre, Constitutional Law, Free Speech, Politics, Supreme Court

Of Cake Shops and Coffee Shops: Recent Controversies Raise The Question Of When Owners Can Refuse Service To Those With Opposing Views

A viral video from a Seattle coffee shop illustrates the growing tension between free speech and religious exercise values.  In the Facebook video, Ben Borgman — the owner of Bedlam Coffee shop — threw a Christian group out of his shop while spewing vulgar and obscene comments about their views.  There are a growing number of such conflicts as store owners assert their right to refuse to serve those with opposing religious or social values.  On December 5, the Supreme Court will hear the argument in Masterpiece Cakeshop v. Colorado Rights Commission.  That case will determine if a cake shop owner could refuse to prepare a cake for a same-sex couple on the basis of his opposing religious values.

Continue reading “Of Cake Shops and Coffee Shops: Recent Controversies Raise The Question Of When Owners Can Refuse Service To Those With Opposing Views” →

Academia, Bizarre, Free Speech, Media, Politics, Society, Uncategorized

“Well-Beings Are Being Put On The Line”: Berkeley Protesters Interrupt Class To Protest The Midterm Exam As Too Stressful

Screen Shot 2017-10-08 at 9.13.44 PMUC Berkeley Professor Harley Shaiken  probably did not expect to be denounced as a tool of the racist establishment when he came to class recently.  After all, he was simply giving a midterm exam when protesters appeared to demand that he checked his “privilege” and cancel his exam due to the stress that it was causing for students.  Instead, the students demanded that he assign a “take-home essay with significant time to prepare.”  The scene was truly Felliniesque but whatever humor might be found in the moment was lost by the fact that this is not an isolated occurrence on our campuses, as we have previously discussed.

Continue reading ““Well-Beings Are Being Put On The Line”: Berkeley Protesters Interrupt Class To Protest The Midterm Exam As Too Stressful” →