Category: Politics

Columns, Constitutional Law, Politics, Torts

Judicial Palindrome: How Sarah Palin was Left with Losing by Jury or by Judge

Below is my column in the Hill on the Palin defamation trial and why it could still present a substantial challenge to press protections in false stories. The court’s curious handling of the case backfired. Judge Jed Rakoff announced that he would dismiss the case regardless of the jury decision but that he still wanted the jury to reach a decision. As discussed below, the tactic would serve to insulate his own decision on appeal. However, the jury found out about his decision and now, in my view, the verdict should be set aside. If so, the case may now be a major challenge to the application of the “actual malice” standard to public figures. That issue would have to be decided by the Supreme Court however given the prior ruling in New York Times v. Sullivan.

Here is the column:

Continue reading “Judicial Palindrome: How Sarah Palin was Left with Losing by Jury or by Judge” →

Criminal law, Politics

Activist Bailed Out In Kentucky After Allegedly Attempting to Murder Political Candidate

Quintez Brown has been arrested in connection to the shooting of mayoral candidate Craig Greenberg on February 15, 2022.The release of Quintez Brown, 21, after trying to murder a Kentucky mayoral candidate is simply baffling. Since bail decisions are based in large part on risk to the community, I cannot imagine a less compelling case for bail given a reportedly history of mental illness, an attempted murder of a political candidate, and the possible political motive behind the violence. Notably, many rioters from Jan. 6th were denied bail without a charge of attempted murder. However, Black Lives Matter was able to bail out Brown with seemingly little difficulty. Continue reading “Activist Bailed Out In Kentucky After Allegedly Attempting to Murder Political Candidate” →

Columns, Constitutional Law, Courts, Media, Politics, Supreme Court, Torts

Palin and Public Figures: Is it Time to Reconsider New York Times v. Sullivan and the Actual Malice Standard?

Below is my column in USA Today on the Palin defamation trial. The case, if appealed, could raise a serious challenge to the application of the “actual malice” standard to public figures. Ironically, last night, Hillary Clinton made reference to this standard in suggesting that she might be able to sue Fox News for its coverage of the Durham investigation. It is considered a sacrilege to even raise the possibility of reexamining the legacy of New York Times v. Sullivan but there are legitimate long-standing questions about the extension of the actual malice standard from public officials to public figures. It is a tough question with good arguments on both sides, but it is a debate that is long overdue.

Here is the column:

Continue reading “Palin and Public Figures: Is it Time to Reconsider New York Times v. Sullivan and the Actual Malice Standard?” →

Constitutional Law, Politics, Torts

Deliberation or Repetition? Palin Jury Knew the Judge Was Going To Dismiss the Case Before its Verdict

There is a major development in the Sarah Palin defamation case where a jury recently rejected her claims against the New York Times. The case had a curious profile because the judge sent out the jury to deliberate and then announced that, while he would let them reach a verdict, it would not matter: he would dismiss the case anyway. I wrote in the Hill that this move worked to insulate the judge’s own decision. If the jury came in with a verdict against Palin, that fact finding would be more difficult to overturn. Now, however, Judge Jed Rakoff has disclosed that the jury found out about his intended dismissal before they reached a verdict. That is a major problem and could substantially change the impact of the case on appeal. In this case, Judge Rakoff effectively supplied both the instructions and the answers for the jury.

Continue reading “Deliberation or Repetition? Palin Jury Knew the Judge Was Going To Dismiss the Case Before its Verdict” →

Criminal law, Media, Politics

Media Vapors: How Special Counsel John Durham Has Triggered a Media Meltdown

Pediatricians call it “breath-holding spells.” It was when children hold their breath when upset until they experience syncope, or passing out. The media in Washington appears close to a collective faint over the recent filings of Special Counsel John Durham. While the media has largely buried or downplayed the disclosures by Durham on the origins of the Russian conspiracy claims, Durham keeps adding new details implicating top Democratic figures in what he describes as an ongoing investigation. You can only hold your breath so long and Durham shows no signs that he is done by a long shot. Continue reading “Media Vapors: How Special Counsel John Durham Has Triggered a Media Meltdown” →

Columns, Media, Politics

Free Speech Becomes Roadkill in the Crackdown on Canadian Truckers

Below is my column in the Hill on the government and media campaign against the Canadian truckers. The Canadian government has now cleared the Ambassador Bridge. However, there was lasting damage done to the rights of free speech and association after an alliance of the government, corporations, and the media sought to isolate the protesters politically and financially. The most disturbing element was the freezing of donations by companies and the courts. Most recently, the TD Bank joined in blocking support from thousands of citizens. The organized effort to cut off access to donations is alarming, particularly in conjunction with efforts to curtail social media and other informational avenues for the protesters.

Here is the column:

Continue reading “Free Speech Becomes Roadkill in the Crackdown on Canadian Truckers” →

Politics, Supreme Court

Poll: Only 36 Percent Support Biden’s Pledge To Exclude Supreme Court Candidates on the Basis of Race and Gender

We previously discussed the ABC poll showing that 76 percent of Americans opposed President Joe Biden’s pledge only to consider black women for the seat being vacated by Justice Stephen Breyer on the Supreme Court. The pledge was unnecessary as it was unprecedented as a categorical exclusion of any candidates on the basis of their race and gender.  While many in the media and academia have attacked those raising concerns over such a threshold exclusion, the public continues to oppose the pledge according to a new poll.  Only 36 percent stated that they thought that the pledge was “a good idea.” 
Continue reading “Poll: Only 36 Percent Support Biden’s Pledge To Exclude Supreme Court Candidates on the Basis of Race and Gender” →
Media, Politics

Advocacy Journalism 101: Howard University Professor Hannah-Jones Criticizes MSNBC for Covering Shoplifting Stories

New York Times writer (and now Howard University Journalism Professor) Nikole Hannah-Jones, went public this week with a call for journalists not to cover shoplifting crimes, even criticizing MSNBC’s Al Sharpton for his discussion of a viral video of a man who recently stole steaks from a New York City Trader Joe’s. Hannah-Jones is a leading voice for advocacy journalism and her public criticism of the coverage of the rise in shoplifting vividly shows what such journalism means for the profession.

Continue reading “Advocacy Journalism 101: Howard University Professor Hannah-Jones Criticizes MSNBC for Covering Shoplifting Stories” →

Free Speech, Media, Politics

Incitement or Free Speech? CNN Analyst Calls For Slashing Tires as Critics Call for Action Against the Canadian Truckers

I have previously lamented what I call “the age of rage” and how many seem addicted to rage in our society. That was evident this week as many vented against groups ranging from the Canadian truckers to the unvaccinated. CNN analyst Juliette Kayyem seemed to suggest vigilantism as a proper response to the Canadian protesters while James Carville said that he wanted to punch the unvaccinated. I do not view either Kayyem or Carville as seriously advocating or condoning violence. However, the heated rhetoric highlights the danger of past demands from the left for censoring or prosecuting others for violent speech.

Continue reading “Incitement or Free Speech? CNN Analyst Calls For Slashing Tires as Critics Call for Action Against the Canadian Truckers” →

Criminal law, Politics

Trump Accused of Taking Top Secret Material To Mar-A-Lago

According to a new report by The Washington Post, the National Archives had to retrieve a large number of boxes from Mar-a-Lago that were unlawfully removed by President Trump or his staff upon leaving the White House. There are strict laws on the preservation of presidential documents, laws that President Trump was repeatedly accused of flaunting during his presidency. However, the most serious element of this latest allegation is that the removed material included clearly marked classified information, including some at the Top Secret level. Continue reading “Trump Accused of Taking Top Secret Material To Mar-A-Lago” →

Columns, Constitutional Law, Politics, Supreme Court

The Democratic Case Against The Biden Nominee: Will Republicans Apply the “Barrett Rule”?

Below is my column in the Hill on  the expected fight over the Supreme Court seat to be vacated by Justice Stephen Breyer. The Democrats are calling for a confirmation process strikingly different from their own approach in the last three Supreme Court nominations.

Here is the column:

Continue reading “The Democratic Case Against The Biden Nominee: Will Republicans Apply the “Barrett Rule”?” →

Congress, Constitutional Law, Criminal law, Free Speech, Politics

North Carolina Board Asserts Right to Disqualify Madison Cawthorn as an “Insurrectionist”

The North Carolina elections board declared this week that it has the power to bar Rep. Madison Cawthorn (R-N.C.) from running for office due to his actions related to the Jan. 6, 2021, Capitol riot. It insists that it can enforce Section 3 of the Fourteenth Amendment and declared that he is an insurrectionist. It is a position that, in my view, is wholly outside of the language and intent of this provision. Cawthorn is right to challenge any such action as unconstitutional.

Continue reading “North Carolina Board Asserts Right to Disqualify Madison Cawthorn as an “Insurrectionist”” →

Columns, Constitutional Law, Courts, Politics

“Dismantling Democracy” to Save it: How Democrats Rediscovered the Joys of Rigging Elections

Below is my column in the Hill on the frenzy of gerrymandering in various states and the selective condemnation of President Joe Biden of such practices in North Carolina.

While denouncing Republicans for gerrymandering as attack on democracy, Democratic figures like lawyer Marc Elias are under attack for raising millions to support Democratic gerrymandering. Elias previously declared “Republicans gerrymander like this because they do not want free and fair elections.” (Elias was previously accused of lying to conceal the Clinton campaign’s funding of the Steele dossier, has sought to reverse election results, and has been sanctioned by the courts). Notably, the raw gerrymandering in New York not only seeks to rig the coming elections but openly flouts the will of the voters who repeatedly demanded that the practice stop in their state. 

Here is the column:

Continue reading ““Dismantling Democracy” to Save it: How Democrats Rediscovered the Joys of Rigging Elections” →

Free Speech, International, Politics, Society

GoFundMe and the Nag’s Head Light: How Crowdfunding Has Become The Latest Battleground Over Free Speech

GoFundMe’s suspension of millions to support protesting truckers in Canada shocked many, particularly when the company initially announced its intention to distribute the money to other charities.  It was less of a surprise for those of us who have criticized the company for years over its use of the platform to target and block funds for conservative and libertarian causes. Indeed, the company has revised an old practice known as the “Nag’s Head light” in luring the unsuspecting into what has become a liberal lockbox on funds. Continue reading “GoFundMe and the Nag’s Head Light: How Crowdfunding Has Become The Latest Battleground Over Free Speech” →

International, Media, Politics

Report: Diplomat Complained that Hunter Biden was Undercutting Anti-Corruption Efforts in Ukraine

It may be time for Joe Biden and the media to go out for another ice cream scoop. Hunter Biden is back in the news in a big way.

A newly released email from the State Department shows that former U.S. embassy official George Kent raised concerns about how Hunter Biden’s influence peddling would “undercut” anti-corruption efforts in the Ukraine. The email contradicts President Joe Biden’s repeated assurances that no one has accused his family of doing anything wrong as well as his claims as a key figure in anti-corruption efforts in the Ukraine. Continue reading “Report: Diplomat Complained that Hunter Biden was Undercutting Anti-Corruption Efforts in Ukraine” →

Res ipsa loquitur – The thing itself speaks