Category: Politics

Academia, Constitutional Law, Media, Politics

D.C. Sued Over Use Of Stun Grenades and Chemicals Against Reporters in Racial Justice Protests

We previously discussed the hypocrisy of the D.C. government and the media after D.C. Mayor Muriel Bowser admitted in court that it was the Metropolitan Police Department who used tear gas and stun grenades near the Lafayette Park in 2020. D.C. counsel also insisted that such use was entirely appropriate and sought to dismiss the lawsuit by the Black Lives Matter movement.  The media effectively buried the story despite flogging a false narrative against former Attorney General Bill Barr for over a year in non-stop coverage. Barr was even denounced by members of my own faculty. Now, reporters are suing the city for attacking the media. Yet, there is no outcry in the media or from the left against Bowser and her government. Continue reading “D.C. Sued Over Use Of Stun Grenades and Chemicals Against Reporters in Racial Justice Protests” →

Columns, Politics

The Shadow State: NeuralHash and Apple’s Post-Privacy World

In the last week, Apple unveiled “NeuralHash,” a tool that will hasten our move toward a dystopian post-privacy world. The company informed the world this week that it would be adding the NeuralHash to its network of over a billion iPhones, storage platforms, and other resources. The NeuralHash will allow it to scan images before they are uploaded to iCloud for child pornography. The user will then be disabled and reported to the National Center for Missing and Exploited Children. Continue reading “The Shadow State: NeuralHash and Apple’s Post-Privacy World” →

Academia, Constitutional Law, Politics

Law Professors Claim The Recall Of Newsom Would Be Unconstitutional
University of California-Berkeley Dean Erwin Chemerinsky and Professor Aaron S. Edlin have purportedly solved the problem faced by Gov. Gavin Newsom. Despite overwhelming support in the media and massive fundraising on his behalf, Newsom is facing worsening polls in his fight against his recall and could lose in the election. In their guest essay for the New York Times Chemerinsky and Edlin declare any such successful recall would be unconstitutional as a denial of the principle of “one person, one vote.” The reason, however, would seem to suggest a wide array of elections as unconstitutional in the process. Continue reading “Law Professors Claim The Recall Of Newsom Would Be Unconstitutional” →
International, Media, Politics

“It Was F***ing Crazy Sh**”: Videotape Shows Hunter Biden Purportedly Admitting Russians Have Blackmail Material on Him

The media blackout on Hunter Biden’s laptop remains in force this week despite a major new development with the release of a videotape that purportedly shows Biden claiming that one of his laptops was stolen by Russians for blackmail purposes. He allegedly recorded the statement after filming having sex with an alleged prostitute in a Las Vegas hotel. This is major news from any standpoint. Either the President’s son admitted that Russians have blackmail material on him or the media (or others) have created a fake videotape and falsely framed Biden. One would expect, if it is the latter, that the Biden team will be announcing a lawsuit today.  However, like the coverage in most major news outlets, there are only the familiar sound of crickets. Continue reading ““It Was F***ing Crazy Sh**”: Videotape Shows Hunter Biden Purportedly Admitting Russians Have Blackmail Material on Him” →

Media, Politics

YouTube Censors Sen. Rand Paul for Speaking Against Mandates

YouTube has continued to enforce and expand its censorship of opposing views on its site — enforcing what it considers to be the truth on various issues. The latest subject is Senator Rand Paul (R-KY), who has been suspended from the site for expressing his opposition to Covid mandates. One does not have to agree with Paul on his view of Covid or mandates to see the danger of such corporate control over public discourse in the United States. However, politicians (including President Joe Biden) are calling for even greater censorship to silence those with opposing views on such subjects.

Continue reading “YouTube Censors Sen. Rand Paul for Speaking Against Mandates” →

Constitutional Law, Courts, Politics

State Judge Blocks Any Arrest of Democrats Who Fled Legislature

State District Judge Brad Urrutia has issued an order blocking the arrest of House Democrats who fled the state to prevent a quorum to pass election reforms in a type of flight filibuster. They have been heralded by Democrats in Washington (despite their own opposition to federal filibusters as anti-Democratic). The order freezes any further action until the parties can brief the question.  This is a different lawsuit from the error-ridden and poorly conceived federal filing from these members. Continue reading “State Judge Blocks Any Arrest of Democrats Who Fled Legislature” →

Constitutional Law, Lawyering, Politics

Texas Democrats Sue Over Effort To Force Them Back To Austin To Vote

In a demonstrably meritless lawsuit, 22 Texas House Democrats sued some of the state’s top Republican leaders in federal court in Austin over the efforts to bring them home for a special legislative session. After fleeing to Washington, the legislators claim that the criticism and threats made by the governor and other  infringed on their constitutional rights to free speech and to petition the government for redress of grievances.  Despite recent calls for sanctions and disbarments for frivolous filings by Republicans (which I have expressed concerns over), none of those experts are expressing the same view of this filing, which is shockingly short of legal merit. Continue reading “Texas Democrats Sue Over Effort To Force Them Back To Austin To Vote” →

Criminal law, Politics

Cuomo’s Cosby Defense? The New York Governor Could Ultimately Rely on the Comedian’s Defense

One of the threats faced by New York Gov. Andrew Cuomo is the pending criminal assault allegation in the Albany Police Department. If proven, the allegation of the former staff members of being groped by Cuomo could meet the standard for criminal assault.  It would however not be easy to prove and prosecutors would likely seek to bring in other women to show a pattern and practice by Cuomo. That is common in sexual harassment cases and hostile workplaces where you can get around statute of limitations when at least one case is recent or ongoing. However, as shown by the Bill Cosby case, such evidence can create reversible error in criminal cases. Indeed, if charged, Cuomo is likely to use a Cosby defense. Continue reading “Cuomo’s Cosby Defense? The New York Governor Could Ultimately Rely on the Comedian’s Defense” →

Constitutional Law, Politics

“I Do Solemnly Swear”: Biden Calls tor Extending the Eviction Moratorium Despite Being Unconstitutional

As I discussed yesterday, I was astonished by the remarks of President Joe Biden on his support for extending the eviction moratorium, which was found to be unconstitutional by lower courts. It was later preserved by a divided Supreme Court despite the view of a majority that it was unconstitutional.  It was saved from being struck down merely by the fact that it was expiring.  President Biden acknowledged that his legal experts overwhelmingly told him that any extension would violate the Constitution. However, he then said it was worth extending the moratorium because it would take time for a court to intervene and, in the interim, they could rush out money to renters despite the lack of constitutional authority to do so.

Continue reading ““I Do Solemnly Swear”: Biden Calls tor Extending the Eviction Moratorium Despite Being Unconstitutional” →

Academia, Free Speech, Politics

Baylor Professor Calls for Prosecution of Criticism of Fauci and Other Scientists as Hate Crime

Physicist Richard P. Feynman once said “Religion is a culture of faith; science is a culture of doubt.” Feynman’s statement captures how science depends upon constant questioning and challenging of assumptions. Yet, what is healthy debate to some is criminal dissent to others. Dr. Peter Hotez, a professor of pediatrics and molecular virology at Baylor College of Medicine is calling for federal hate-crime protections to be extended to cover criticism of Dr. Anthony Fauci and other scientists. The frequent MSNBC and CNN guest wants Congress to expand hate crimes to “scientists currently targeted by far-right extremism in the United States.” Continue reading “Baylor Professor Calls for Prosecution of Criticism of Fauci and Other Scientists as Hate Crime” →

Columns, Politics

Cuomo Accused of Being Serial Harasser as Cuomo Attacks Accusers as Political Hacks

The late New York Gov. Mario Cuomo once famously said “I have no quarrel with people seeing me as a sinner.” Politicians can indeed survive as sinners, particularly repentant sinners. However, his son, Andrew Cuomo, the current New York governor, moved today from presumed sinner but presumed assaulter.  He is facing eleven women, including a current staffer, who have accused him of extensive acts of sexual harassment and assault. Andrew Cuomo is looking at years of litigation, including depositions as not just a sinner but a virtual predator. Continue reading “Cuomo Accused of Being Serial Harasser as Cuomo Attacks Accusers as Political Hacks” →

Columns, Constitutional Law, Courts, Media, Politics

The Biden Administration Goes To War With The “Non-Vacs”: Is Coercion the Answer?

Below is my column in the Hill on the shift from reasoned consent to coerced consent in the campaign for vaccinations. The push by the Biden Administration for private companies to enforce mandates and restrictions has increased in the last week. There is a high likelihood of a new round of litigation as pressure builds for new mandates and even lockdowns.

Just before this column ran, CDC Director Rochelle Walensky was asked by Fox host Bret Baier “Are you for mandating a vaccine on a federal level?” She responded “That’s something that I think the administration is looking into.” Later she reversed herself by saying “I was referring to mandates by private institutions and portions of the federal government. There will be no federal mandate.” It was a telling response because she was asked about a federal mandate directly. She now says she meant to say a privately enforced mandates is what they are thinking about. The reversal may be a problematic as the original. It would confirm that the Biden Administration is using private companies as a type of direct surrogate for a public mandate.

Here is the column: Continue reading “The Biden Administration Goes To War With The “Non-Vacs”: Is Coercion the Answer?” →

Academia, Media, Politics

Advocacy Journalism 101: UNC Dean Asked ABC To “Protect” Hannah-Jones in its Coverage

We have been discussing the long saga over the University of North Carolina’s offering an academic chair to former New York Times writer Nikole Hannah-Jones. Hannah-Jones is one of the most prominent proponents of advocacy journalism and her writings, including as part of the 1619 Project, are highly controversial. Ultimately, Hannah-Jones turned down the UNC offer in favor of Howard University. However, an email triggered a new controversy at UNC after it was disclosed that UNC Journalism and Media Dean Susan King wrote to ABC to expressly ask them to “protect” Hannah-Jones in its coverage. It is an ironic and concerning email. Many of us are critics of advocacy journalism and the growing rejection of objectivity. In this matter, King responded to criticism of Hannah-Jones over advocacy journalism by asking ABC Deputy Political Director Averi Harper to advocate for her in framing the coverage. Continue reading “Advocacy Journalism 101: UNC Dean Asked ABC To “Protect” Hannah-Jones in its Coverage” →

Media, Politics

Associated Press Versus Rand Paul: New Controversies Sharpen The Debate Over Framing and Fact Finding

I recently gave a speech organized by the office of Sen. Rand Paul on Capitol Hill that addressed the rise of advocacy journalism and other issues impacting our democratic and constitutional values. It was attended by hundreds of staffers from both parties. Afterward Sen. Paul mentioned an example of why he has objected to the role of media framing news stories.  I thought that the conflict with the Associated Press offered an interesting follow up to the speech as a useful context to explore the line between accuracy and advocacy. This dispute captures the issues that arise in our heated politics and why interpretative roles in the media can be fraught with difficulties even when done in good faith.  Indeed, I believe both Paul and the AP have valid points to raise on these disputes that could be illustrative and instructive for all of us.

Continue reading “Associated Press Versus Rand Paul: New Controversies Sharpen The Debate Over Framing and Fact Finding” →

Free Speech, Media, Politics

Twitter Suspends Science Writer After He Posts Results Of Pfizer Clinical Test

Twitter LogoJust yesterday, we discussed the censoring of a commentator by Twitter for merely expressing an opinion over the need for a “pause” on any federal mandates on Covid-19 as new research is studied. Now, a former New York Times science reporter, Alex Berenson, has been suspended for simply citing the results from a clinical trial by Pfizer and raising questions over any vaccine mandate. In the meantime, the White House accused both the Washington Post and New York Times of irresponsible reporting on Covid, but surprisingly Twitter has not suspended those accounts.  It is the license of the censor.  Twitter is unwilling to let people read or discuss viewpoints that it disagrees with as a corporation. Many on the left, however, have embraced the concept of corporate speech and censorship. It turns out that the problem with censorship for many was the failure to censor views that they opposed. With the “right” censors at work, the free speech concerns have been set aside.

Continue reading “Twitter Suspends Science Writer After He Posts Results Of Pfizer Clinical Test” →