Category: Society

Federal Court Rules That Trump May Have Incited Violence At Kentucky Rally

David_J._Haledonald_trump_president-elect_portrait_croppedIn Kentucky, United States District Court Judge David J. Hale has ruled that President Donald Trump’s statements at a campaign rally could be viewed as incitement to violence.  At a March 2016 rally, Trump told supporters to :get ’em out of here” in reference to protesters. Supporters proceeded to assault protesters Henry Brousseau, Kashiya Nwanguma, and Molly Shah who filed this action.  Hale rejected the claims that the lawsuit violates President Trump’s free speech protections.  They are suing for incitement to riot, vicarious liability, and negligence.

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California Politician Seeks To Radically Curtail Free Speech To Combat “Fake News”

Chau_headshotCalifornia Assemblyman Ed Chau (Democrat, Monterey Park) appears to be finally running into opposition over one of the most chilling, anti-speech pieces of recent years.  Chau is trying to criminalize “fake news” and in the process would curtail free speech for everyone from parodies to comedies to opinion writers.  He is the latest example of how some of the greatest threats to free speech around the Western world today appears to be coming from the left of the political spectrum from speech restrictions on campuses to new criminal laws on inciteful or intimidating speech.

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Burn Baby Burn: Trump Set To Eviscerate Obama’s Environmental Protection and Climate Change Reforms

With the health care reform defeat, the Trump Administration is moving aggressively toward new goals including tax cuts in Congress.  Today, however, he will keep another pledge and dismantle Obama orders protecting the environment and combating climate change and environmental protection. With the rescinding of the orders, Trump will place the United States in the most anti-climate change posture of any major nation, rivaling even China in the lack of hard commitments to move away from fossil fuels. Indeed, he is expected to open up new leases for coal and relax regulations to allow increased fossil fuel consumption.  As I have previously discussed, this move is not only running against the grain of other major nations but against the market itself. While other countries are moving aggressively toward clean energy and green markets, the United States will be moving aggressively backward.

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THE SENATE SHOULD CONFIRM JUDGE NEIL M. GORSUCH

Below is my latest column in USA Today on the nomination of Judge Neil M. Gorsuch to the United States Supreme Court.  I testified last week on the nomination before the Senate Judiciary hearing.  I was particularly pleased that one of the other witnesses that day was a GW graduate: Karen Harned (Executive Director, National Federation of Independent Business Small Business Legal Center. Karen has quickly become a leader in Washington on legal and policy matters impacting businesses.  Since the hearing (and publication of this column), the Democrats have indicated that they are preparing for a filibuster.  (My colleague Dick Pierce has an interesting column opposing such a move).

 

As I stated at the hearing, I disagree with some of Judge Gorsuch’s opinions but I believe that he is eminently qualified for the Supreme Court. I am particularly disturbed by some of the attacks on his writings on major issues of our time.  While many lawyers in Washington pathologically avoid any statements or writings on controversial subjects in the hope for government appointments, Gorsuch actively participated in the national debate and contributed interesting perspectives on those questions.  He refused to remain a pure pedestrian as others debated issues like euthanasia.  He should not be penalized for doing so.  One can disagree with his perspective but his analysis is uniformly probative and at times profound.

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Washington State Governor Sued For Removal Of Leonard Peltier Art Display

By Darren Smith, Weekend Contributor

Leonard Peltier

I featured three articles in November, 2015 (HERE, HERE, and HERE) depicting a controversy caused by the Washington State Department of Labor & Industries’ promotion of artwork made by Leonard Peltier, who was convicted for the June, 1975 murders of FBI Special Agents Jack Coler and Ron Williams. The display furthered the controversy in that it marked the 40thanniversary year of the agents’ murder. After considerable outcry on both sides of the issue, the dispay was taken down two weeks prior to its scheduled conclusion date.

Now, a lawsuit has been filed in U.S. District Court by Leonard Peltier and his son Chauncey against the state naming L&I Director Joel Sacks, Governor Jay Inslee, the L&I spokesman, retired FBI Special Agents, and two hundred John Does as defendants, claiming that the Peltiers were denied their First, Fifth, and Fourteenth Amendment rights were violated by the state’s removal of the artwork.

The lawsuit indicates strongly how controversies such as these can be avoided and that allowing state employees to promote controversial issues often leads to disaster.

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Canadian Barred From Using Family Name on License Plate as “Misogynistic” Message

wopzaemgd376hw2q1dgzThe Nova Scotia Registry of Motor Vehicles  was adamant.  The license plate reading “GRABHER” was deemed “misogynistic and promoting violence against women.”  It was a surprise to Lorne Grabher who simply wanted a license plate with his family’s name.

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TURLEY TESTIFIES IN SENATE GORSUCH CONFIRMATION HEARING

This morning I will testify at the confirmation hearing on the nomination of the Hon. Neil Gorsuch to the United States Supreme Court.  The hearing will commence around 9 am at the hearing room of Hart 216. Ironically, it is the same room that I litigated much of the Porteous impeachment case before final arguments before the 100 Senators on the Senate floor.  Below is my written testimony. Continue reading “TURLEY TESTIFIES IN SENATE GORSUCH CONFIRMATION HEARING”

RES IPSA REACHES 31,000,000

This morning, our blog hit 31,000,000 views. We have had an increase in visitors and our new voices are heartily welcomed to our little band of commentators.  We try to offer a place for civil but passionate discourse on legal and policy issues  of our time (and perhaps a few wacky stories).  We continue to rank in the top legal blogs in the world and we are continuing to see a growing international readership. We often use these milestones to look at the current profile of the blog and its supporters around the world.

As always, I want to offer special thanks for our weekend contributors: Mike Appleton, Larry Rafferty, Darren Smith, Kimberly Dienes, and Cara Gallagher. I particularly want to thank Darren who has continued to help manage the blog and help out folks who encounter posting problems.

I also want to thank our regular commentators and readers.  We try to keep this blog as an open forum with as little interference or monitoring of the comments as possible.  Given our free speech orientation, we try not to delete comments and, for that reason, we are deeply appreciative of how most people avoid personal or offensive comments in debating these issues.  The success of this blog is due to the fact that we offer something more than the all-too-common troll-driven, angry, and insulting commentary of the Internet.  Thank you for voluntarily assuming restraint over the tenor and content of your comments. Continue reading “RES IPSA REACHES 31,000,000”

California Legislators Move To Punish Companies Working On Border Wall

440px-Algodones_sand-dune-fenceThere is an interesting proposal in California where legislators are moving to punishing any companies who work with the federal government in the construction of the wall pledged by President Donald Trump between the United States and Mexico.  The bill would force pension funds to divest from participating companies.  It is a bill that would significantly raise the level of conflict between the Trump Administration and certain states.  The Trump Administration is already moving to withdraw grants from cities and states barring assistance to federal immigration officials.  To now have states retaliate against companies for simply contracting with the federal government would push the already bad situation to Def Con 1 over federal/state conflict.  There is no way that the federal government could sit ideally by as states retaliated against federal contractors.

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University of Alabama Students Arrested in Two Epic Spring Break Cases

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Alden Whiteside could not have handled things worse on his way Spring Break in Florida.  First, there was the seven cases of beer in plain view in his truck.  Then there was the problem of being 19 and not allowed to drink or buy alcohol.  Then there was the fact that he was speeding.  Then there was the fake driver’s license that he was using.  Finally, there was the marijuana discovered in the car.  That pretty much covers most of the criminal code.  He was not the only Alabama college student facing charges from a Spring Break gone bad.

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Bad Return: MSNBC Publication Triggers A Wave Of Responses From Mockery To Criminal Allegations

imgresThe build up last night on MSNBC had my phone ringing off the hook.  Rachel Maddow proclaimed “we’ve got the Trump returns.”  It turned out to be just the 2005 filing. Well, not the 2005 filing, the first two pages.  Worse yet, it turned out to be an entirely predictable tax return for a wealthy businessman with tons of deductibles.  It seemed like the tax version of Al Capone’s safe with Geraldo Rivera.  What was particularly odd is that MSNBC was “all in” — even after seeing that there was little there.  Maddow led with a long list of things we want to know from Trump’s tax return.  But none of those things were in the return.  They lined  up experts who seemed a lot like the “weather center” reporters the night before covering the major snow storm in D.C.   Reporters literally showed a dusting on cars in parking lots and spoke breathlessly about the possible storm that never came.  The tax experts were left in the same curious position — discussing what might have been shown.  As a legal commentator, I bowed out.  It was like being called as a seismologists to discuss an earthquake that never happened.  It is certainly true that Trump and Melania paid is a rate of less than 4 percent on their personal income — $5.3 million. However, they paid an additional $31 million under the alternative minimum tax, or AMT.  They used every loophole and tactic to reduce payments but those loopholes were legal and used by many in his tax bracket.

Having said that, the White House and others went too far in raising allegations of criminal conduct by Maddow and MSNBC in reporting on the story. There was also a return to the mantra of the “dishonest media.”  There was nothing dishonest in publishing the return. It was clearly overplayed but it was not dishonest to cover the leak.

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2017 Law School Rankings: Winners and Losers

The new law school ranking are out by U.S. News & World Report and there are the usual winners and losers. Indeed, I have connected to both.  George Washington University, where I teach, is down 6 slots to 30 (the continuation of a trend where GW dropped 3 spots the year before and 2.5 slots that year before that).  Northwestern, my alma mater, was one of the big winners in breaking into the top ten law schools.  While professors overwhelmingly express contempt over the ranking, I have long been in the minority. I view the rankings as very helpful for students. (There was no such resource when I applied to law school).  Moreover, they are generally reliable in my view, though I would disagree with some specific rankings.

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