Please forgive a departure from our usual discussions but I wanted to share an interesting controversy in the area of fashion and apparel. A new campaign to “unveil historical erasure and resist capitalism” is under fire. Such campaigns are now commonplace on campuses but this is a campaign to end capitalism by Lululemon, a publicly traded brand worth billions and in the business of selling such things as leggings for $120 apiece. The campaign brought to mind the quote attributed to Lenin that “When it comes time to hang the capitalists, they will vie with each other for the rope contract.” In this case, Lululemon will sell you the rope in various colors plus some “hotty hot” styles for $60.
Category: Politics

I have previously written (here and here) about the need to break the duopoly of power in this country by creating greater opportunity for other parties and candidates. Every presidential election, the voters are told that they have to chose between two candidates who garner little support in their own right. It is the continual replay of “choosing between evils” option for voters. Now we have a new disgrace: a majority of polled voters in swing states view both Donald Trump and Joe Biden as mentally unfit but are told that they must chose between them.
Continue reading “Poll: Most Voters In Swing States View Both Trump and Biden As Mentally Unfit”

Most human beings were disgusted by the murder of Aaron “Jay” Danielson, the member of the right-wing group Patriot Prayer, in Portland. University of Rhode Island Professor Erik Loomis is not among them. Loomis defended the killing by Michael Reinoehl, an Antifa member who appears to have stalked Danielson before gunning him down. Loomis insisted that any problem in gunning down right-wing counterprotesters was tactical not moral. Continue reading ““I See Nothing Wrong With It”: Rhode Island Professor Defends Murder Of Right-Wing Protester In Portland”
For years, I have criticized those who have called for increased censorship on the Internet, including regulation of political speech by companies like Facebook and Twitter. There is a legitimate debate over the continued use of Section 230 of the Communications Decency Act by these companies when they are engaged in such censorship (and alleged viewpoint bias). However, President Donald Trump’s call for Twitter to take down a parody of Senate Majority Leader Mitch McConnell is wrong on a number of levels. It would only fuel the erosion of free speech on the Internet in curtailing political commentary. Continue reading “No, Twitter Should Not Take Down The McConnell Parody”
The U.S. Court of Appeals for the D.C. Circuit issued a major reaffirmation of congressional authority on Friday when it ruled Friday, 7-2 that the House has legal standing to use the courts to compel McGahn to appear in response to a House Judiciary Committee subpoena. I testified repeatedly in Congress in support of the McGahn subpoena (including in the Trump impeachment hearing) and said that I believed that the White House was not just wrong on the law but would ultimately fail in this effort. I have been a long advocate of congressional standing as an academic, columnist, and a litigator, including my prior representation of the United States House of Representatives in the Obamacare litigation (where we prevailed on standing for the House). I disagreed with an earlier decision against the House. I am obviously gratified by the result in this case. Continue reading “D.C. Circuit Rejects Key Challenge Of President Trump To McGahn Subpoena”
I have previously written, as a long supporter of the American Civil Liberties Union (ACLU), about my concern over how the venerable group has changed under its current leadership, including a departure from its long robust defense of free speech. Recently, the ACLU has abandoned its famed neutrality and has not supported some on the right while supporting those on the left. Now, the ACLU’s Samuel Crankshaw in Kentucky has targeted Transylvania University for admitting Nick Sandmann, who was falsely accused of abusing a Native American activist in front of Lincoln Memorial. (Crankshaw identifies as an ACLU staffer on social media) Despite various media organizations correcting the story and some settling with Sandmann, some in the media have continued to attack him. Yet, it is far more alarming to see an ACLU official rallying people against a young man whose chief offense appears to be that he is publicly (and unapologetically) conservative and pro-life.
Below is my column in the Hill newspaper on the recent controversy surrounding The Atlantic article on alleged comments by President Donald Trump disparaging veterans and war dead buried at Aisne-Marne American Cemetery. I have been highly critical of President Trump response, particularly his calling for the firing of a Fox reporter for confirming elements of the story. In truth, Fox did not confirm that Trump called the dead buried at the French cemetery “losers” and “suckers.” Indeed, Fox reporter Jennifer Griffin said today that her source did not hear those references to those buried at the cemetery. However, there are sources that have said that Trump used such terms to describe Vietnam veterans. Conversely, in an interview with CNN, the author of the article Editor-in-Chief Jeffrey Goldberg was confronted by strong rebuttals by various officials over the assertion that the cancellation of the Trump visit was due to his concern over his hair or a disparaging view of the fallen. When asked about documents and witnesses suggesting that the cancellation was weather related as claimed, Goldberg simply seemed to shrug and say that those accounts might be true but that Trump still holds disrespectful views of veterans. That was hardly a resounding defense of those elements of his article. Moreover, when the evidence was presented that the helicopter was grounded, Goldberg noted that the grounding is insulting to Marines who said that they can fly in any weather. However, again, that is not what the story said and it was the military that objected to flying (the issue was not that the helicopter could not fly but that it would have to fly too low for the safety of the President). The problem for many in the public is that we have lost any presumption that either the president or the press is a reliable source in such controversies. Indeed, according to polls, a majority find both untrustworthy. This is where the cost of such eroded trust are the highest. After years of lying or bias, both sides have left the public with no credible basis to know the truth in a major scandal.
Here is the column:
Steven Lysenko clearly is not part of the Blue Lives Matter movement. Lysenko was shown recently on a video screaming “F**k the Police” and other profanities. That is a common form of political expression. The problem is that, in addition to be anti-police, Lysenko is the assistant principal of Spencerport High School. As will come as no surprise to readers of this blog, I do not support Lysenko’s views but I strongly oppose those who want to discipline or fire him because of his exercise of free speech.
Continue reading “New York Assistant Principal Under Fire For Video Screaming “F**K The Police””
Republicans from Fox’s Brit Hume to GOP Rep. Adam Kinzinger(Ill.) have rushed to the defense Fox New reporter Jennifer Griffin, who was attacked by President Donald Trump for simply confirming aspects of the recent explosive story in The Atlantic. My column this weekend discussed the article alleging that Trump has spoken in disparaging terms of our veterans and war dead. Trump called for Griffin to be fired despite other news organizations also reporting that Trump has referred to veterans as “losers” and “suckers.” Trump seemed most upset by the fact that Griffin was saying that she “confirmed” the story when in fact she confirmed comments allegedly made about Vietnam veterans, not the specific alleged comment on war dead in France from World War I. That is a valid point, though likely lost on most citizens who correctly view such references to veterans of any war as vile and disgraceful. Moreover, it is outrageous for a president to call for a respected reporter to be fired for doing her job. Yet, what is most striking is how, again, Trump’s attacks only magnify the attention and damage of the story.
Thirty years after the late D.C. Mayor Marion Barry’s famous statement, House Speaker Nancy Pelosi declared that a Salon owner set her up in an embarrassing incident where Pelosi was shown not just violating San Francisco’s pandemic laws in getting her hair done but not wearing a mask while doing it. Pelosi refused to take responsibility for the violation (including the failure to wear a mask) and, in the tape below, only took responsibility to “failing for a set up.” She added “I think that this salon owes me an apology, for setting me up.” The Salon owner, Erica Kious, has stated that she expects to close eSalon after receiving a torrent of death threats and hostile massages after Pelosi’s allegation. The question is whether she could actually sue for defamation. Continue reading “Set Up or Slander: Did Pelosi Defame A Salon Owner?”

Below is my column on the Steven Bannon case that ran in the Washington Times. Notably, one of the defendants indicted with Bannon is a Andrew Badolato, a person who has repeatedly assisted the government in prior cases. While Badolato has pleaded not guilty and has a long association with Bannon, his history could raise a serious threat for defense counsel that he might cut a deal with prosecutors. In a case of this kind, a cooperating witness confirming an intent to hide transactions would be devastating to the defense. A May 24, 2021 trial date has been set though U.S. District Judge Analisa Torres called that date “optimistic.” (Note: postings this week may be limited due to my duties in a criminal defense case).
Here is the column:
Continue reading “Steven Bannon Needs A Defense Not A Conspiracy Theory For His Federal Trial”
Below is my column in the Hill newspaper on the rising concern over compelled speech on our campuses and our streets.
Here is the column:
Continue reading “How “Silence is Violence” Can Become Compelled Speech”
Auburn Lecturer Jesse Goldberg has triggered a firestorm over social media posting containing anti-police sentiments and other controversial comments. The recently hired academic drew critics when, after his hire, he would not use the school’s battle cry of “War Eagle” because of the inclusion of “war.” That was however mild in comparison to later postings targeting police or declaring “Wait til M-Fers find out I’m queer and teach in goddamn heels too. They gonna get madder.” As will come as little surprise to people on this blog, I do not believe that the university should punish Goldberg for his political and social expressions outside of school. We recently discussed such protections for a Texas A&M professor who posted anti-Trump comments.


