In 2017, Denmark took a historic step in favor of free speech by rescinding its blasphemy law after 334 years. For those of us in the free speech community, it was an important moment in Europe where free speech is being rapidly reduced. Now, however, the liberal government is moving to reinstate the blasphemy crime with a new law barring the burning of the Qur’an, the Bible, and other religous texts. Continue reading “Denmark Restores Blasphemy Prosecutions”
We often discuss the long-standing question of whether it is better for your client to smile or not smile in a mugshot. Some believe a smile conveys a lack of contrition while others view a frown as looking guilty. In the first mugshot of a former American president, Trump (or now Inmate P01135809) rejected both the “carefree smile” and the “disapproving frown” and went with seething scowl. It is a mugshot that unfortunately will resonate with both extremes in our political system. Continue reading “The Snap and the Scowl: The Trump Mugshot Ignites a Tinderbox Nation”
Below is my column on the search for the true identity of Robert L. Peters, the name Republicans believe was used by then Vice President Joe Biden in emails that contradict his past claims on the influence peddling scandal.
Here is the column: Continue reading “The Search for Robert L. Peters: He Goes By Various Names…The Question is Why”
Below is my column in the New York Post on new evidence contradicting the account of President Joe Biden on his role in forcing the firing of Ukrainian prosecutor general Viktor Shokin. Biden’s boast about forcing the termination could become a defining moment in the corruption scandal.
Here is the column:
I previously wrote a column on what I described as Alex Baldwin’s greatest imitation of Donald Trump . . . in a lawsuit. Baldwin was sued for a reprehensible attack on on the family of Marine Lance Cpl. Rylee J. McCollum, killed in the Aug. 26 suicide attack in Kabul during the U.S. withdrawal from Afghanistan.. He falsely accused the marine’s sister Roice McCollum of being an “insurrectionist” but insisted that his rhetoric was protected political speech and that he was not responsible for how third parties responded to his inflammatory postings on social media. Baldwin’s channeling of Trump arguments in court has proven equally successful. As expected, a court has ruled for Baldwin after finding that the sister of the fallen Marine was a limited public figure.
Continue reading “Alec Baldwin’s Trump Defense: A Torts Case Where Imitation Merged With Litigation”
Below is my column in the New York Post on the expanding scandal surrounding the Hunter Biden investigation. Even CNN legal analysts are now calling the handling of the investigation at the Justice Department an “unholy mess.” The responsibility for this theater of the absurd is Attorney General Merrick Garland who has again shown a lack of strength and leadership at a key moment for his department.
Here is the column: Continue reading “Garland’s Theater of The Absurd: Why the Hunter Biden Scandal is No Longer a Laughing Matter”
There is a spirited debate growing among law professors over the claim that former president Donald Trump is disqualified under the 14th Amendment from holding office. Various law professors have argued that Trump is already barred, even without a charge or conviction for insurrection or even incitement. I have previously discussed my disagreement with this theory, including a column this week. A number of critics have cited a New Mexico case where such a disqualification of a local politician named Couy Griffen was approved by a court and then upheld by the New Mexico Supreme Court. Such a ruling, even if true, would not negate the basis for these objections. It would be one state case to the contrary in what is likely to be an array of such challenges. Yet, it is untrue that “the New Mexico Supreme Court upheld the decision to disqualify” and established counter precedent on the issue.
Below is a slightly expanded version of my column in The Hill on the increasingly popular theory that former president Donald Trump is already barred from office under the 14th Amendment. It is a theory that, in my view, has a political appeal that outstrips its constitutional support. In a constitution designed to protect free speech and prevent the concentration of power, this theory would allow for the banning of candidates based on fluid definitions of aiding and abetting insurrection. Such ballot cleansing is common in countries like Iran where citizens await to learn which opposition candidates will be allowed to run. While we are thankfully far from the authoritarianism of these other countries, the implications of this theory for our constitutional system are still chilling.
Here is the column: Continue reading “The Disqualification of Donald Trump and Other Legal Urban Legends”
The World Chess Foundation has ruled that transgender women cannot compete in its competitions for women. The decision by FIDE, the Switzerland-based federation, is perplexing and disturbing. FIDE is setting a two-year period for review. Frankly, I do not understand why there are male and female competitions in chess where relative strength is not an issue. Yet, even assuming that there is some reason to have separate competitions, the ban on transgender women seems entirely gratuitous and wrong. Continue reading “The World Chess Foundation Bars Transgender Women in Competitions”
In the last few weeks, we have seen a disturbing uptick of reported threats against public figures, grand jurors, and judges. One of the most disturbing and disgraceful are threats against Judge Tanya S. Chutkan, who will be presiding in the trial of former president Donald Trump. Abigail Jo Shry, 43, of Alvin, Tex., allegedly left an Aug. 5 voice mail at Chutkan’s chambers in which she called her a racial slur and threatened her, saying, “If Trump doesn’t get elected in 2024, we are coming to kill you, so tread lightly, b—-.” That same week, there was also a sentencing in a prior case where the threat led to an attempt on the life of Trump. Pascale Cecile Veronique Ferrier, 56, has been sentenced to 262 months or roughly 22 years for mailing ricin to Trump. What makes her case even more striking is the defense raised by her lawyer. Continue reading ““Inordinately Intelligent”: Canadian Woman Sentenced to 22 Years in Attempt on Trump’s Life”
Below is my column in USA Today on the growing excitement among pundits on the prospect that former President Donald Trump could be going to jail. The celebration is a tad premature. Indeed, Trump could be convicted before the election and not be sent to prison for years, if ever. This is not to say that Trump will not go to prison. He most certainly could go to jail. However, the prospect of prison depends on the specific conviction, long appellate challenges, and pardons.
Here is the column: Continue reading “Lock Him Up! The Excitement over Trump in Prison is Tellingly Premature”
There is a bizarre case out of California where Calese Carron Crowder was arrested after crouching down behind women and appearing to “sniff” them from behind at a Burbank Barnes & Noble store. Putting aside the bizarre fetish, the criminal charges in the case present equally novel elements. Continue reading “California Police Arrest “The Sniffer,” But What Will Be the Charge?”
According to an new ABC News/Ipsos poll, almost half of Americans lack trust that the Justice Department will conduct the Hunter Biden investigation in a “fair and nonpartisan manner.” It is the latest indication of the failure of Attorney General Merrick Garland to restore faith in his department. There is ample reason for citizens to have their doubts. Continue reading “ABC/IPSOS Poll: Roughly Half of Americans Have No Confidence in the Hunter Biden Investigation”
We have discussed the rise of advocacy journalism where objectivity and neutrality are discarded in favor of social justice. Despite public trust (and profits) crashing in the media, faculty members are plowing ahead with the new model of journalism to the peril of their profession. The latest such example is found in the “Solidarity Journalism Initiative” at the University of Texas at Austin. Continue reading ““Leave Neutrality Behind”: University of Texas at Austin Initiative Embraces Advocacy Journalism” 
Below is my column in The Messenger on the celebrations after the fourth indictment of former president Donald Trump — and the dismissal of any concerns over the implications of these prosecutions for free speech. Some Democrats are warning that they need to avoid the public displays of joy. The danger is that Democrats just might conga their way into another 2016 backlash against the establishment.
Here is the column:
Continue reading “Washington’s ‘Whoo-Hoo’ Moment: Trump Indictment Coverage Borders on the Indecent”