Bizarre, Congress

“Enjoying It Too Much”: Democrats Overplay a Simple Adjournment Vote and Elect Kevin McCarthy

For those of us who have worked in and around Congress for years, last night’s final election of a speaker in the early hours of Saturday was nothing short of an extended Nascar race, particularly if you come to watch the cars crash. The evening had everything from gallows humor to a virtual wrestling match on the floor.

It finished as unpredictably as it began. Kevin McCarthy fell just one vote short of winning as tempers boiled over and the GOP sought an adjournment until Monday. The Democrats then overplayed their hand by gratuitously seeking to prolong the pain by opposing the motion. Then something unexpected happened…

Continue reading ““Enjoying It Too Much”: Democrats Overplay a Simple Adjournment Vote and Elect Kevin McCarthy” →

Constitutional Law, Courts, Free Speech, Politics

Ninth Circuit Rules That an Advisory Board Member Can Be Fired Over Antifa Association

There is an interesting free speech decision out of the United States Court of Appeals for the Ninth Circuit this week. In Lathus v. City of Huntington Beach, a unanimous panel ruled that a member of a municipal advisory board can be fired for her association with Antifa. The opinion is clearly correct on a constitutional level, but there are some troubling elements given the underlying exercise of speech under the First Amendment.

Continue reading “Ninth Circuit Rules That an Advisory Board Member Can Be Fired Over Antifa Association” →

Academia

Diversity Through Obscurity: Applicants Told to Delete Names of Schools on their Resumes

Colleges and universities have been implementing controversial new diversity reforms, including dropping standardized test scores, that eliminate objective criteria in academic admissions or advancement. Now, HR&A Advisors, the TriBeCa-based real estate consultancy, has drawn attention to its LinkedIn posting asking applicants to  to remove “all undergraduate and graduate school name references” from their résumés. In order to achieve diversity goals, the company wants applicants to only list the degree and not where it came from. It is equity through obscurity. It is as irrational to eliminate any consideration of an academic institution as it is to rely exclusively on the academic institution.

Continue reading “Diversity Through Obscurity: Applicants Told to Delete Names of Schools on their Resumes” →

Uncategorized

Res Ipsa Hits 66,000,000

crowd vj dayLast night, Res Ipsa passed the 66,000,000 mark in views on the blog. We have used these moments to give thanks for our many regular readers around the world and share our traffic data to give you an idea of the current profile of readers around the world. We do not have a running data page so these periodic postings allow our community to see the traffic profile of our blog. So let’s get at it. Continue reading “Res Ipsa Hits 66,000,000” →

Columns, Congress, Criminal law

Nothing But Rage: The Ginni Thomas Investigation Ends Without a Mention in J6 Report

Below is my column in the New York Post on the J6 Committee report and the conspicuous absence of any mention of Ginni Thomas, the wife of Clarence Thomas. Despite calls for the impeachment of Justice Thomas and criminal charges against the couple, the Ginni Thomas “scandal” seemed to evaporate with nary a mention in the report or the press.

Here is the column: Continue reading “Nothing But Rage: The Ginni Thomas Investigation Ends Without a Mention in J6 Report” →

Academia, Free Speech

“There Should Be Censorship”: NYU Professor Calls for Censorship for Those Speaking with “Negative Intent”

One of the most frustrating aspects for the free speech community these days is when anti-free speech advocates claim to be champions of free speech before calling for censorship. That was the case last year when Barack Obama bizarrely called himself “pretty close to a First Amendment absolutist” before calling for sweeping censorship and media controls over expression. This week, it was NYU Communications professor Gabrielle Gambrell who prefaced a call for censorship by assuring the audience on Dr. Phil that “I am extremely in favor of the First Amendment.”  It turns out that she loves free speech as much as a glutton loves his lunch. She proceeded to carve up free speech as an impediment to self-improvement through censorship.

Continue reading ““There Should Be Censorship”: NYU Professor Calls for Censorship for Those Speaking with “Negative Intent”” →

Academia, Free Speech, Society

Stony Brook Professor Under Fire For Denouncing Officers Who Shot Suspect …Who Was Stabbing Them
A Stony Brook University professor is under fire this week after she called two police officers “murderers” for shooting dead a suspect.  Social Welfare professor Anna Hayward denounced the officers despite the fact that the officers suffered “serious stab wounds” from the suspects before shooting him. I understand the anger of those who have called for Hayward to be fired. The attack on the officers was unwarranted and seems part of long-standing anti-police views. However, as will come as little surprise for many on this blog, I believe that adverse actions would violate core free speech rights. Continue reading “Stony Brook Professor Under Fire For Denouncing Officers Who Shot Suspect …Who Was Stabbing Them” →
Constitutional Law, Politics

Ninth Circuit Rules that Middle School Teacher’s MAGA Hat was Protected Speech

There is a major ruling out of the United States States Court of Appeals for the Ninth Circuit in favor of a middle school science teacher, Eric Dodge, who was barred from wearing a “Make America Great Again” baseball cap and later berated by the principal, Caroline Garrett, as a “racist” and a “homophobe.” The unanimous court ruled that the hat was protected speech under the First Amendment. Continue reading “Ninth Circuit Rules that Middle School Teacher’s MAGA Hat was Protected Speech” →

Academia, Free Speech

“Take Them to the Slaughterhouse”: Trustee Calls for “Culling” Faculty Members
Columns, Congress, Constitutional Law, Politics

Sinner or Saint, George Santos Must be Seated
U.S. House of Representatives

Below is my column in the Hill on the calls for Rep.-Elect George Santos to be denied his seat in Congress this week. Members such as Rep. Eric Swalwell, D-Calif., have declared that Santos should be “banned from taking the oath for Congress.” (Santos has reportedly decided not to run for a second term). Such demands have been heard on various cable networks for weeks without addressing the constitutional barriers to denying a duly elected member from taking a seat. In my view, Santos could prevail in a court fight over being seated if he is barred due to lying about his credentials or background. That does not excuse his conduct. However, once again, members and pundits are calling for an action that is entirely untethered to constitutional realities.

Here is the column:

Continue reading “Sinner or Saint, George Santos Must be Seated” →

Uncategorized

State of the Blog: Looking Back at a Banner Year in 2022

We often use the end of the year to do a quick review of the state of the blog. In 2022, the blog  exploded in size — often doubling or tripling the monthly traffic. We will soon pass our 66,000,000 view mark and our community continues to grow rapidly around the world.

As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog and help out folks who encounter posting problems.  I also want to thank our editor Kristin Oren, who continues her amazing work proofing posts on a daily basis to remove my embarrassing typos.  Finally, I would like to thank our regular readers who alert me to typos or any violations of the civility or copyright policies on the blog.

Continue reading “State of the Blog: Looking Back at a Banner Year in 2022” →

Uncategorized

Happy New Year!!!

Happy New Year to everyone on our blog! We rang in 2023 at home in McLean, Virginia after returning from Chicago for Christmas.  New Year’s Eve is also my wedding anniversary. Twenty-five years ago,  Leslie and I eloped in Old Town Alexandria after dating eight years. (We used my high school ring to seal the deal). Once again, we will celebrate two anniversary dates. I count the anniversary as our 33rd while Leslie insists on counting this year as our 25th anniversary.  (She takes a purely contractarian approach to the calculation in going by the date on the marriage certificate). We toasted our anniversary and the New Year (as we did 25 years ago and every year since) with a bottle of Schramsburg Cremant. Continue reading “Happy New Year!!!” →

Constitutional Law, Free Speech, Politics

Sen. Cardin: Hate Speech is Not Protected by First Amendment

Sen. Ben Cardin (D., Md) is ending 2022 on an ominous note after declaring that “if you espouse hate… you’re not protected under the First Amendment.” The statement is obviously untrue, but it is only the latest example of the eroding support for free speech in Congress and the country at large. It is particularly chilling for one of the nation’s most powerful politicians (sworn to “support and defend the Constitution“) to show either a lack of knowledge or lack of fealty to the First Amendment. Continue reading “Sen. Cardin: Hate Speech is Not Protected by First Amendment” →

Constitutional Law, Society, Supreme Court

Eleventh Circuit Rejects Transgender Student’s Challenge to Bathroom Policy

On December 30, the United States Court of Appeals for the Eleventh Circuit handed down a major opinion in in Adams v. School Board of St. Johns County, Florida. The court ruled 7-4 against a statutory and constitutional challenge of a transgender student to a district policy requiring students to use bathrooms corresponding to their biological sex.  Given the countervailing decision of the Fourth Circuit in G.G. v. Gloucester County, there is now a conflict in the circuits that could prompt a Supreme Court review. The Court expressly stated that it was not ruling on this question in its 2020 decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020).

Continue reading “Eleventh Circuit Rejects Transgender Student’s Challenge to Bathroom Policy” →

Congress, Torts

President Bites Agent: Book Claims Biden Insisted Secret Service Lied About Dog Attack

“It didn’t happen.” According to published excerpts, President Joe Biden is denying an account of the Secret Service about an agent being attacked by his German Shepherd, Major, at the White House. The statement from the President raises some interesting legal questions after he effectively called an agent a liar about an official report on one of many bite incidents with the Biden dogs. Continue reading “President Bites Agent: Book Claims Biden Insisted Secret Service Lied About Dog Attack” →