Category: Society

Balenciaga’s Bondage Bears: Company Sues Over the Inclusion of Supreme Court Opinion in Ad Campaign

Companies Join Call to Suspend Advertising with Twitter

Twitter LogoNational Public Radio yesterday posted an article titled “Twitter has lost 50 of its top 100 advertisers since Elon Musk took over, report says.” The article relies on a report from the liberal site Media Matters for America founded by Democratic operative David Brock. The report lists companies that have publicly pulled their advertising and the article strongly suggests that it is due to the pledge of Elon Musk to restore free speech protections on the social media site. These companies are well within their free speech rights to boycott the company or suspend their support in light of possible changes on content. However, customers also have the right not to support companies that do not support their free speech rights. Continue reading “Companies Join Call to Suspend Advertising with Twitter”

A Constitutional Thanksgiving: Why We Should All Give Thanks for the “Least Dangerous Branch”

As families gather this year for our annual holiday feast, there remain many things for all of us to give pause and thanks for in our lives. Our friends, family, and faith remain central to this holiday. So is our freedom.  Despite economic, political, and social problems, we remain a free and prosperous nation committed to core values of individual rights and self-determination. Indeed, more than any year, there is particular reason to give thanks to the most besieged and resilient part of our constitutional system: the courts. Despite attacks from the left and right, our court system remains a bulwark against political impulse and excess. The Supreme Court in particular has faced unrelenting attacks ranging from a reprehensible leak to an attempted assassination of a justice to calls for court packing. It has stood its ground just as James Madison and other Framers had hoped in their original design of our constitutional system.

Continue reading “A Constitutional Thanksgiving: Why We Should All Give Thanks for the “Least Dangerous Branch””

Federal Court Strikes Down Another Provision of New York’s New Gun Control Law

I have previously written about how New York has proven time and time again as the gift that keeps on giving for the National Rifle Association (NRA) and gun-rights groups. New York Democrats continue to pass laws that are virtually guaranteed to be struck down and further reinforce Second Amendment rights. The latest provision involves the possible criminal prosecution for possessing a gun on private property if the owner has not approved such possession on the premises.

Continue reading “Federal Court Strikes Down Another Provision of New York’s New Gun Control Law”

Leiden University Removes Work of Famed Dutch Artist Due to the Depiction of Only White Males

A painting from the renowned contemporary Dutch painter Rein Dool has been removed from a wall at Leiden University in the Netherlands after the objection that it depicts only white men. Political Science PHD candidate Elina Zonina said that the painting of white men smoking cigars made her feel uncomfortable. According to Dutch News, Zonina insisted that the school needed to add an “ironic or critical” note with such a painting.  In the meantime, it is now turned toward the wall to avoid harming or offending anyone else at the school.

Continue reading “Leiden University Removes Work of Famed Dutch Artist Due to the Depiction of Only White Males”

Washington Post Columnist: Doubting Fetterman’s Fitness is Embracing Eugenics

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On the eve of the midterm elections with Pennsylvania’s Senate race viewed as a dead heat, a debate has continued to rage over whether Democratic candidate John Fetterman is fit after suffering a serious stroke that impaired his communication and processing skills. However, as we previously discussed, many on the left have swatted back questions concerning Fetterman’s fitness as “ableism.” Now, the Washington Post has run a long column from University of Delaware Professor Jaipreet Virdi declaring that it is not just embracing ableism but eugenics to question Fetterman’s fitness. Continue reading “Washington Post Columnist: Doubting Fetterman’s Fitness is Embracing Eugenics”

Ninth Circuit Rules Against Transgender Woman in Beauty Pageant Competition . . . Citing the Musical Hamilton

A panel on the United States Court of Appeals for the Ninth Circuit seemed to be channeling the lyrics of the musical Hamilton in noting that “Everything is legal in New Jersey.” The panel ruled against  a transgender woman who brought a discrimination claim against a beauty pageant that allowed only “natural-born females” to compete. In a prior 2016 column, I discussed the racially discriminatory consideration of only “non-Whites” for the cast of the much-celebrated production. The majority opinion written by Judge Lawrence VanDyke noted the policy in upholding a policy that excluded trans women from the Miss United States of America pageant in Oregon. Continue reading “Ninth Circuit Rules Against Transgender Woman in Beauty Pageant Competition . . . Citing the Musical Hamilton”

Spooky Torts: The 2022 List of Litigation Horrors

Here is my annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. Particularly with the recent tragedy in South Korea, our annual listing is not intended to belittle or ignore the serious losses that can occur on this and other holidays. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

So, with no further ado, here is this year’s updated list of actual cases related to Halloween. Continue reading “Spooky Torts: The 2022 List of Litigation Horrors”

A Flight to Remember with Thomas “Hollywood” Henderson

I am speaking today at the Oklahoma City Town Hall and have enjoyed returning to this wonderful city. Yet, while this city never ceases to amaze me, it was the flight to Oklahoma that proved overwhelming. Before my flight, an older man called me over at the gate to say hello. It turned out to be Thomas “Hollywood” Henderson, the Super Bowl champion and Pro Bowl  linebacker.  It then turned out that we were not only flying on the same flight but were seated next to each other. What followed was an incredible conversation with the former member of the “Doomsday defense.Continue reading “A Flight to Remember with Thomas “Hollywood” Henderson”

Virginia Becomes Ground Zero in Battles Over Parental Rights

While it is unlikely to pass, new legislation criminalizing the refusal of parents to affirm their children’s LGBT identity would trigger a likely successful constitutional challenge. WJLA  reported that Democratic Virginia Delegate Elizabeth Guzman will introduce a bill that will expand the state’s definition of child abuse and neglect to include parents and guardians who do not affirm the gender identity declared by their children. In the meantime, a journalist, David Leavitt, reported Virginia state senate candidate Tina Ramirez to Child Protective Services over a tweet celebrating Columbus Day as creating an abusive environment for her children. Such unhinged efforts are further pushing parental rights higher among the top concerns for voters. Continue reading “Virginia Becomes Ground Zero in Battles Over Parental Rights”

“Something That Horrified Us All”: Emails Reveal Mayorkas was Warned that Migrant Whipping Story was False

Homeland Security Secretary Alejandro Mayorkas has finally crossed the line into infamy. No, it is not because of the record level of border crossings with millions pouring into the country. It is not the obvious lack of confidence of the rank and file officers in Mayorkas. It is not even past controversies like his Orwellian “Disinformation Governance Board.” Continue reading ““Something That Horrified Us All”: Emails Reveal Mayorkas was Warned that Migrant Whipping Story was False”

Furman Professor Suspended Due to his Presence at the 2017 Charlottesville “Unite the Right” Rally

There is a major free speech fight brewing at Furman University after Computer Science Professor Chris Healy was placed on leave pending an investigation into his presence at the 2017 “Unite the Right” rally in Charlottesville, Virginia. Regardless of how one feels about Healy’s political views or associations, the suspension raises serious challenges to free speech and associational rights. Last month, a group called Sunlight Anti-Fascist Action posted a picture of Computer Science Professor Chris Healy at the rally, writing and asked “What’s that you’re standing next to, Chris – a Confederate flag?” The group and others then pushed for an investigation by the university, which Furman President Elizabeth Davis agreed to order.

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Trump Sues CNN for $475 Million in Defamation Lawsuit

Former President Donald Trump is suing CNN in a $475 million defamation lawsuit, according to a complaint filed in federal court in the Southern District of Florida on Monday. The lawsuit faces significant challenges under the governing precedent for public figures. For counsel, those challenges likely seem steeper in a week when Trump unleashed reckless and offensive attacks on Senate Republican leader Mitch McConnell and his wife former Transportation Secretary Elaine Chao as well as journalist, Maggie Haberman. It is not exactly the context that counsel would want when seeking to hold CNN liable for defamatory comments in a difficult legal action. Continue reading “Trump Sues CNN for $475 Million in Defamation Lawsuit”

Reefer Madness: The New York Law on Legalized Marijuana is a Triumph of Politics over Logic

Below is my column in the Wall Street Journal on the New York plan for subsidizing marijuana businesses with a preference for those with prior criminal records — or their family members. Legislators yielded to every political temptation in piling on dubious tax burdens and class-based preferences on this new market.

Here is the column: Continue reading “Reefer Madness: The New York Law on Legalized Marijuana is a Triumph of Politics over Logic”

Three Martha Vineyard Migrants File Lawsuit Against DeSantis

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The undocumented migrants who were transferred to Martha’s Vineyard have quickly adopted one common American practice: litigation. A firm, Lawyers for Civil Rights, in conjunction with the migrant-led nonprofit Alianza Americas, filed the action on behalf of Yanet Doe, Pablo Doe and Jesus Doe who are using pseudonyms for the action “on behalf of themselves and all others similarly situated.” The filing is a Jackson Pollock of legal claims with twelve claims thrown against Florida from false imprisonment to intentional infliction of emotional distress to misuse of the Coronavirus State Fiscal Recovery Fund. The splattering of claims face considerable legal barriers based on the consent of the migrants, as shown in a waiver released by Florida.

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Res ipsa loquitur – The thing itself speaks