Media, Politics

MSNBC Meltdown: “Our Children will be Arrested and Conceivably Killed” if the GOP Wins Midterm Elections

Last night, President Joe Biden returned to his earlier claim that his political opponents are fascists seeking to establish authoritarianism in the United States. While the hellish red background is gone from his controversial Philadelphia address, the message remains: a vote for the GOP is a vote for tyranny. Despite polls showing citizens view the President as inciting political unrest and potential violence with such attacks, the theme was quickly picked up and magnified in the media. Presidential historian Michael Beschloss actually suggested on MSNBC that we could be just days away from an authoritarian hellscape if the GOP prevails in midterm elections — raising the specter of our children being taken away and killed.  Continue reading “MSNBC Meltdown: “Our Children will be Arrested and Conceivably Killed” if the GOP Wins Midterm Elections” →

Columns, Media, Politics, Supreme Court

Censoring in the Name of Free Speech: Publishers and Editors Call for Banning Barrett Book

Below is my column this week on the campaign to block the publication of a book by Justice Amy Coney Barrett. It is all a part of movement of censorship and speech intolerance that has swept across our campuses and news rooms. What is most striking is how these editors and publishers are insisting that they are supporting free speech by silencing others.

Here is the column: Continue reading “Censoring in the Name of Free Speech: Publishers and Editors Call for Banning Barrett Book” →

Free Speech, International, Politics

EU Warns Musk Not to Restore Free Speech Protections After Calls from Clinton and Other Democratic Leaders

We have been discussing how Democratic leaders like Hillary Clinton called on foreign countries to pass censorship laws to prevent Elon Musk from restoring free speech protections on Twitter. The EU has responded aggressively to warn Musk not to allow greater free speech or face crippling fines and even potential criminal enforcement. After years of using censorship-by-surrogates in social media companies, Democratic leaders seem to have rediscovered good old-fashioned state censorship. Continue reading “EU Warns Musk Not to Restore Free Speech Protections After Calls from Clinton and Other Democratic Leaders” →

Free Speech, Media, Politics

Blue Checkers Revolt Over Musk’s Threatened Monthly Charge: A Modest Proposal from the Unwashed and Unverified

Twitter LogoAs a regular MSNBC pundit is calling for Elon Musk to be stripped of his citizenship for trying to reintroduce free speech protections to Twitter, the new owner is outraging blue checkers by suggesting a monthly charge for verified users. Figures like CNBC’s Jim Cramer declared: “I’m not paying them anything. They should pay me.” Some of us would be willing to pay an added monthly fee to support a true free speech alternative on social media if Musk keeps his word. Continue reading “Blue Checkers Revolt Over Musk’s Threatened Monthly Charge: A Modest Proposal from the Unwashed and Unverified” →

Bizarre, Criminal law

“Letting Your Wildest Dreams Come True”: California Man Dressed as Fireball Whiskey Arrested for Disorderly Conduct

 

Dominic Salazar, 31, had a Halloween to remember (or not) after he was arrested for drunken disorderly conduct, domestic battery, and other charges. That was unfortunately not particularly notable given the common crimes and torts that marks All Hallow’s Eve. It was Salazar’s outfit that could make this a particularly challenging defense case.

Continue reading ““Letting Your Wildest Dreams Come True”: California Man Dressed as Fireball Whiskey Arrested for Disorderly Conduct” →

Constitutional Law, Courts, Politics, Supreme Court, Torts

“Evil Light” or False Light? A Pro-Life California Woman Objects to False Image in Democratic Ad

There was an interesting torts question raised last week over an abortion rights video ad shared by former Secretary of State Hillary Clinton, Democratic Gov. Gavin Newsom, and others. The video was made to support Proposition 1, a pro-choice amendment to the California State Constitution. Macy Petty is a pro-life activist who was falsely portrayed as crying outside of the Supreme Court after its overturning of Roe v. Wade this year.  The video ad was reportedly paid for by the California Democratic Party.

Continue reading ““Evil Light” or False Light? A Pro-Life California Woman Objects to False Image in Democratic Ad” →

Columns, Constitutional Law, Supreme Court

“Bakke to the Future”: Supreme Court Reconsiders Affirmative Action with a Conservative Majority

Below is my column in the Hill on today’s argument in the two college affirmative action cases in Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina.

Here is the column: Continue reading ““Bakke to the Future”: Supreme Court Reconsiders Affirmative Action with a Conservative Majority” →

Society

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” →

Columns, Constitutional Law, Free Speech, Politics

How Elon Musk Should Shape Twitter — Sans the Sink

Twitter LogoBelow is my column in the New York Post on the media meltdown over the Musk takeover at Twitter. The column again suggests a way for Musk to make a clean break from the censorship culture and apparatchiks at Twitter: the First Amendment Option.  Musk has already made great progress toward restoring free speech on the platform with the firing of the two chief censors at the company, but the deconstruction of one of the world’s largest censorship systems will be a challenge in the weeks and months ahead.

Here is the column: Continue reading “How Elon Musk Should Shape Twitter — Sans the Sink” →

Academia, Free Speech, Politics, Supreme Court

Writers, Publishers and Editors Call for Termination of Barrett Book Deal in Latest Censorship Campaign

We have been discussing the rising support for censorship on the left in the last few years. Silencing opposing views has become an article of faith for many on the left, including leading Democratic leaders from President Joe Biden to former President Barack Obama. What is most distressing is how many journalists and writers have joined the call for censorship. However, even with this growing movement, the letter of hundreds of “literary figures” this week to Penguin Random House is chilling. The editors and writers call on the company to rescind a book deal with Supreme Court Justice Amy Coney Barrett because they disagree with her judicial philosophy. After all, why burn books when you can effectivelyban them?

Continue reading “Writers, Publishers and Editors Call for Termination of Barrett Book Deal in Latest Censorship Campaign” →

Bizarre, Constitutional Law, Free Speech, Media, Politics

“The Gates of Hell Opened”: A Media Panic Ensues As Musk Takes Over Twitter and Fires Chief Censors

Twitter Logo

Last night I wrote a column on the challenges faced by Elon Musk in taking over Twitter and suggested steps to “hit the ground running.” One of those obvious steps discussed in earlier columns was to fire CEO Parag Agrawal, CFO Ned Segal and head of legal policy, trust, and safety Vijaya Gadde, the primary figures responsible for creating one of the largest censorship systems in history. He did so within minutes of taking over and their removal constitutes as singular advances in the cause of free speech around the world. As expected, this morning media figures are in full panic at the thought that one social media platform may restore free speech protections after years of biased and aggressive censorship. The controversial Washington Post columnist Taylor Lorenz lamented, “It’s like the gates of hell opened on this site tonight.”  That’s right, the prospect of others having access to Twitter to express their own views is a hellish prospect for many in the media.

Continue reading ““The Gates of Hell Opened”: A Media Panic Ensues As Musk Takes Over Twitter and Fires Chief Censors” →

Congress, Criminal law, Politics

Sen. Bob Menendez is Reportedly Under Investigation for Corruption . . . Again

Sen. Bob Menendez, D-N.J., is under federal criminal investigation … again. The voters of New Jersey reelected Menendez despite his accepting lavish gifts from a businessman who was later convicted of fraud. Menendez was also charged but the case was dismissed after a jury hung on the verdict. As I noted at the time of the trial, Menendez was a “juror” in a trial that I handled in the Senate and he maintained a position completely at odds with his own later defense. Continue reading “Sen. Bob Menendez is Reportedly Under Investigation for Corruption . . . Again” →

Military, Politics

Air Force Reportedly Admits the Improper Release of Confidential Sexual Assault Records of Indiana GOP Candidate Jennifer-Ruth Green

There is an interesting development in the unauthorized release of confidential sexual assault files involving Indiana GOP candidate Lt. Col. Jennifer-Ruth Green. According to two members of Congress, the Air Force confirmed that the records were leaked just before the midterm elections and now knows who did it.

Continue reading “Air Force Reportedly Admits the Improper Release of Confidential Sexual Assault Records of Indiana GOP Candidate Jennifer-Ruth Green” →

Academia, Media, Politics

Is Raising Fetterman’s Cognitive Issues a Form of Discriminatory “Ableism”?

C-Span

Many of us watched the debate of John Fetterman (D) and Republican Mehmet Oz (R) last night and it was at times very difficult to watch. Fetterman is clearly still experiencing serious problems in cognitive processing and communication after his stroke five months ago. However, when some raised disconnected or incomprehensible responses, commentators like MSNBC’s Liz Plank objected to such criticisms as discriminatory “ableism.” The Philadelphia Inquirer wrote that these questions only reflect our “discomfort” with disabilities.

Continue reading “Is Raising Fetterman’s Cognitive Issues a Form of Discriminatory “Ableism”?” →

Res ipsa loquitur – The thing itself speaks