Academia

Virginia Administrators Under Fire at Elite High School for Reportedly Delaying Academic Recognitions in the Interest of “Equity”

We previously discussed the lowering of admission standards at Virginia’s elite Thomas Jefferson High School for Science and Technology to achieve diversity goals. Now the school is again under fire for waiting roughly a month to distribute National Merit certificates in the name of equity. The decision meant that students could not report the awards on their college applications before the passage of the October 31 deadline. Continue reading “Virginia Administrators Under Fire at Elite High School for Reportedly Delaying Academic Recognitions in the Interest of “Equity”” →

Academia, Free Speech, Religion

Hamline University Reportedly Fires Art History Professor Who Showed Images of Muhammad
Hamline University in Minnesota is under fire this week for reportedly declining to renew the contract of an art history professor who showed two ancient art images of the Prophet Muhammad. The unnamed professor reportedly warned about the imagery before advancing the slides to allow any offended students to leave. However, the professor was publicly rebuked by Hamline President Fayneese Miller and Associate Vice President for Inclusive Excellence David Everett before being effectively fired. We have previously discussed how such contractual or “contingent” faculty often face such non-renewal decisions when they are targeted in cancel campaigns. Continue reading “Hamline University Reportedly Fires Art History Professor Who Showed Images of Muhammad” →
Constitutional Law, Politics, Supreme Court

The Pragmatist Versus the Purist: Supreme Court Stays Title 42 Order on “Remain in Mexico”

This evening, the Supreme Court issued an order in the Title 42 case that stayed the nationwide vacatur issue by Emmet G. Sullivan. The 5-4 decision by Chief Justice Roberts prompted a dissent from Justice Neil Gorsuch who once again showed his independence in voting with his liberal colleagues. Indeed, the order was a classic example of the pragmatist (Roberts) and the purest (Gorsuch) going head to head. The case will now be heard in oral argument in February 2023 and, in the interim, the “Remain in Mexico” policy will remain in place. The order embodies what Gorsuch previously warned was a “holiday” of legal principles during the Covid crisis. Continue reading “The Pragmatist Versus the Purist: Supreme Court Stays Title 42 Order on “Remain in Mexico”” →

Columns, Congress, Constitutional Law, Criminal law, Media, Politics

When the FBI Attacks Critics as “Conspiracy Theorists,” It’s Time to Reform the Bureau

Below is my column in the Hill on the need for a new “Church Committee” to investigate and reform the Federal Bureau of Investigation (FBI) after years of scandals involving alleged political bias. In response to criticism over its role in Twitter’s censorship system, the FBI lashed out against critics as “conspiracy theorists” spreading disinformation. However, it still refuses to supply new information on other companies, beyond Twitter, that it has paid to engage in censorship.

Here is the column: Continue reading “When the FBI Attacks Critics as “Conspiracy Theorists,” It’s Time to Reform the Bureau” →

Constitutional Law, Courts, Free Speech

“Why She Had to Go…She Wouldn’t Say”: Movie Renters Allowed to Sue Over Absence of Featured Star

There was an interesting ruling by U.S. District Judge Stephen V. Wilson for the Central District of California last week in Woulfe et al. v. Universal. The case was brought by Peter Michael Rosza and Conor Woulfe who were aggrieved when they rented the 2019 film “Yesterday” under the assumption that actress Ana de Armas was in the film. The trailer featured de Armas but she was later cut from the film. Judge Wilson ruled that, while such movies and their trailers are exercises of free speech, this is commercial speech that is subject to greater limitations. Wilson is allowing the plaintiffs to proceed to trial in the case over alleged misleading advertising. Many fear that this will change the free-wheeling approach to such trailers, or, as the Beatles said, “Yesterday, love was such an easy game to play Now I need a place to hide away.” Continue reading ““Why She Had to Go…She Wouldn’t Say”: Movie Renters Allowed to Sue Over Absence of Featured Star” →

Columns, Free Speech, International, Politics, Religion

Without a Hope or a Prayer: Why the Arrest of a British Woman Outside of Abortion Clinic is a Wake-Up Call for Free Speech

This week, the arrest of British Catholic woman for ‘praying’ outside an abortion clinic has attracted international attention. However, the jailing of Isabel Vaughan-Spruce, director of anti-abortion group March for Life UK, is neither surprising nor particularly rare as a denial of free speech in Great Britain. While this form of “protest” is uncommon as the basis for an arrest, free speech has been in a free fall in the UK for years. It is also a cautionary tale for those in the United States, which is facing arguably the largest anti-free speech movement in its history. Continue reading “Without a Hope or a Prayer: Why the Arrest of a British Woman Outside of Abortion Clinic is a Wake-Up Call for Free Speech” →

Academia, Free Speech, Science

Webb of Lies? Astrophysicist Targeted Due to Study Exonerating James Webb of Being Anti-Gay

The storied career of James Webb as the second administrator of NASA (responsible for the Apollo missions) led to the naming of the space telescope in his honor. Now, however, he is the subject of a cancel campaign to remove his name after professors accused him of being anti-gay. That cancel campaign also now includes a black astrophysicist, Hakeem Oluseyi, who published a study exonerating Webb. He is reportedly being banned from leading journals after finding no evidence to support the claim. Regardless of the ultimate conclusions that one can reach on the Webb controversy, there should be universal concern over the growing intolerance for opposing views in academic institutional and journals. Continue reading “Webb of Lies? Astrophysicist Targeted Due to Study Exonerating James Webb of Being Anti-Gay” →

Free Speech, Justice

“Conspiracy Theorists…Attempting to Discredit the Agency”: The FBI Attacks Critics Objecting to its Role in Twitter’s Censorship System 

It is not clear what is more chilling: the menacing role played by the Federal Bureau of Investigation (FBI) in Twitter’s censorship program or its mendacious response to the disclosure of that role. This week saw another FBI “nothing-to-see-here” statement to the release of files detailing how it actively sought to suppress the Hunter Biden story before the 2020 election, gave millions to Twitter, and targeted even satire or tiny posts that did not conform with its guidelines. Continue reading ““Conspiracy Theorists…Attempting to Discredit the Agency”: The FBI Attacks Critics Objecting to its Role in Twitter’s Censorship System “ →

Columns, Lawyering, Media, Politics

“Probing & Pushing Everywhere”: New Twitter Releases Confirm the FBI’s Role in Suppressing the Hunter Laptop Story

Below is my column on Fox.com on the most recent release of Twitter files detailing the FBI’s direct involvement in the targeting and censoring of citizens. The most notable aspect is the effort by the FBI to censor references to the Hunter Biden scandal before the 2020 election. Here is the column:

Continue reading ““Probing & Pushing Everywhere”: New Twitter Releases Confirm the FBI’s Role in Suppressing the Hunter Laptop Story” →

Congress, Constitutional Law, Criminal law, Free Speech, Politics

A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case

This week the January 6th Committee voted to make criminal referrals to the Justice Department, including the proposed indictment of former President Donald Trump.  However, the Committee’s splashy finale lacked any substantial new evidence to make a compelling criminal case against former President Donald Trump. The Committee repackaged largely the same evidence that it has previously put forward over the past year. That is not enough. Indeed, the reliance on a new videotape of former Trump aide Hope Hicks seems a case of putting “hope over experience” in the criminal Justice system.

Continue reading “A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case” →

Media, Politics

ABC’s Martha Raddatz Under Fire Over Abbott Interview
YouTube/C-Span

There is an interesting controversy this week after ABC’s Martha Raddatz took Texas GOP Governor Greg Abbott to task for public comments about the open Southern border as fueling the crisis. Raddatz is being criticized for her claim that President Joe Biden has never encouraged migrants to come over the border — a statement that many objected to as demonstrably false. However, I am more interested in a different aspect of her remarks: the objection to Abbott’s language. It is the type of objection that one finds from a system of state media where the narrative is supposed to be replicated and uniform. Continue reading “ABC’s Martha Raddatz Under Fire Over Abbott Interview” →

Columns, Society

Victims or Chumps? Tom Brady Lawsuits Raise Questions Over Celebrity Endorsements

Below is my column in the Hill on the lawsuits against Tom Brady and other celebrities over commercials for the now bankrupt crypto-currency company FTX. Apparently, what football tore asunder, FTX has joined again. Tom Brady and Gisele Bundchen are now co-defendants . . . and this time neither should be legally at fault.

Here is the column:

Continue reading “Victims or Chumps? Tom Brady Lawsuits Raise Questions Over Celebrity Endorsements” →

Free Speech, Media

Will Musk Step Down After Twitter Poll? The Anti-Free Speech Movement Certainly Hopes So

Many of us have supported Elon Musk in his fight to restore free speech protections to Twitter despite concerns over decisions like the use of polls to determine if individuals should be allowed back on the social media site. He has now subjected himself to the same poll judgment in asking if he should step down as CEO. After more than 17.5 million users voted, 57 percent said yes. Unless Musk was looking for an exit, it was a mistake. He handed his critics an easy opportunity to remove him.

Continue reading “Will Musk Step Down After Twitter Poll? The Anti-Free Speech Movement Certainly Hopes So” →

Columns, Free Speech

Censor or Else: Democratic Members Warn Facebook Not to “Backslide” on Censorship

With the restoration of free speech protections on Twitter, panic has grown on the left that its control over social media could come to an end. Now, some of the greatest advocates of censorship in Congress are specifically warning Facebook not to follow Twitter in restoring free speech to its platform.

Continue reading “Censor or Else: Democratic Members Warn Facebook Not to “Backslide” on Censorship” →

Res ipsa loquitur – The thing itself speaks