Free Speech

GreenRoom’s Blacklist? Country Singer Jason Aldean Dropped by Longtime PR Firm Over Wife’s Gender Comments

Country singer Jason Aldean has been dropped by his longtime PR firm, GreenRoom PR, after his wife, Brittany Aldean, criticized early interventions on gender transitioning for young children. Brittany Aldean said that she was thankful that her parents did not intervene during her “tomboy phase” because she loves being a female. Various stars and advocates denounced her and GreenRoom then dropped her husband. What is interesting is that the company had its client list displayed yesterday but just removed the list and its home page. The effort may be to protect other country stars from the backlash of staying with the company when it is effectively blacklisting an artist for the political or social views of his spouse.

Continue reading “GreenRoom’s Blacklist? Country Singer Jason Aldean Dropped by Longtime PR Firm Over Wife’s Gender Comments” →

Columns, Politics

Semper Sigh: Biden’s Use of the Marines Violated Long-Standing Federal Policies and Regulations

Below is my column in the New York Post on the controversial speech of President Joe Biden in Philadelphia. The speech has received sharply different reviews from “disgusting” and “hateful” to a historic declaration of war against the enemies of the state. Some like MSNBC regular (and writer for The Nation and Above the Law) Elie Mystal insisted that the speech did not go far enough because all Republicans are white supremacists, not just MAGA Republicans. I thought the speech was divisive and inflammatory. However, it was not the content but the optics of the speech that was particularly unsettling.  Framing Biden were two Marines standing like nutcracker props in a highly political speech. His use of the Marines (and the Marine band) violated long-standing rules for shielding the services from such political events.

Here is the column:

Continue reading “Semper Sigh: Biden’s Use of the Marines Violated Long-Standing Federal Policies and Regulations” →

Academia, Constitutional Law, Free Speech

Southern Utah Professor Sues Over Mandatory Use of Pronouns

There is an interesting new lawsuit out of Southern Utah University where theater professor Richard Bugg has refused to use plural pronouns for a nonbinary student.  It is only the latest such challenge on free speech grounds by those who reject the use of different pronouns for religious, social, or purely grammatical reasons. There are a couple of aspects of the case that are particularly interesting. Continue reading “Southern Utah Professor Sues Over Mandatory Use of Pronouns” →

Columns, Congress, Constitutional Law, Politics

College-Loan Forgiveness Plan Reveals Biden’s Constitutional Cynicism

Below is my column in the Hill on the latest controversy over President Joe Biden’s unilateral use of executive power. Despite an impressive list of court losses, Biden is now asserting such authority as the basis for the single largest debt forgiveness in history.

Here is the column:

Continue reading “College-Loan Forgiveness Plan Reveals Biden’s Constitutional Cynicism” →

Criminal law, Justice, Media

FBI Faces Criticism Over Release of Photo of Classified Documents on Floor

When the Justice Department filed its opposition to a Special Master, there were a number of elements that immediately stood out. The first that I noted was the most important: the allegation that the FBI believed that Trump or his associates “likely” acted to obstruct their investigation. Such public statements are always serious in a criminal case because they can commit investigators to the path of prosecution. I also later noted the curious inclusion of the now widely known photo of classified files that has been widely published. I warned that the photo could leave a misleading impression that this was how the documents were found by the FBI, which has occurred. I then asked why it was included as Attachment F. At best, it seems superfluous. At worst, it could be staging. That debate is now raging on cable programs and the Internet. Update: the photo came up in the hearing after the Trump counsel called it “perfectly staged” but there was no ruling on the Special Master.

Continue reading “FBI Faces Criticism Over Release of Photo of Classified Documents on Floor” →

Academia, Free Speech, Politics

“Stop Penntrification!”: Penn Students and House Activists Stop Convocation for New Students
We recently discussed students at Marquette University blocking the convocation for students at the start of the new school year. Now students have shut down the University of Pennsylvania’s freshmen convocation with President Liz Magill. The students were demanding that the school  help in an eviction case near campus. According to Inside Higher Education, Daily Pennsylvanian, and College Fix, there is an eviction of a nearby affordable housing complex that led students and outside protesters to stop the convocation.  Some 70 units are scheduled to be sold. Continue reading ““Stop Penntrification!”: Penn Students and House Activists Stop Convocation for New Students” →
Academia

Study: Only Nine Percent of Law Professors Identify as Conservatives

A new study offers further evidence of the alarming decline of ideological diversity on our law faculties. A study by Georgetown University’s Kevin Tobia and MIT’s Eric Martinez was featured on College Fix that finds that only nine percent of law school professors identify as conservative at the top 50 law schools. Notably, a 2017 study found 15 percent of faculties were conservative. This is the result of years of faculty replicating their own ideological preferences and eradicating the diversity that once existed on faculties. When I began teaching in the 1980s, faculties were undeniably liberal but contained a significant number of conservative and libertarian professors. It made for a healthy and balanced intellectual environment. Today such voices are relatively rare and faculties have become political echo chambers, leaving conservatives and Republican students increasingly afraid to speak openly in class.

Continue reading “Study: Only Nine Percent of Law Professors Identify as Conservatives” →

Constitutional Law, Courts, Criminal law, Justice, Politics

Justice Department Opposes Any Special Master and Alleges That “Obstructive Conduct Occurred” at Mar-a-Lago

Last night, Department of Justice filed in opposition to the appointment of a Special Master in Florida. It used the filing to add new facts and allegations to the public record, including the statement that “obstructive conduct occurred” at Mar-a-Lago by concealing or moving documents. The Department makes many of the same claims that it used to opposed the release of a redacted affidavit, claims shown to have been misleading and exaggerated after the magistrate ordered the release.  Notably, this filing contained details that were likely redacted in the affidavit but just released on the public record. Continue reading “Justice Department Opposes Any Special Master and Alleges That “Obstructive Conduct Occurred” at Mar-a-Lago” →

Academia, Torts

Oberlin’s Revenge Mania: College Finally Runs Out of Appeals in Campaign Against Family-Owned Bakery

The long and vengeful campaign of Oberlin College against a small family-owned grocery has come to an end at the cost of a breathtaking $36 million for defamation. The Ohio Supreme Court had rejected what should be Oberlin College’s final appeal of a verdict in favor of Gibson’s Bakery. The bakery has been the target of an unrelenting attack by the school after it had the temerity to fight a false charge of racism in a shoplifting case involving Oberlin students who later pleaded guilty to criminal charges. Oberlin President Carmen Twillie Ambar and the Board burned through millions in litigation costs above the damages rather than admit that the college was wrong in the targeting of this grocery. That money could have been used for scholarships and other worthy purposes. Instead, Amber and the Board will simply ask alumni to foot the bill for a legal effort that seems to become little more than a revenge fetish. Continue reading “Oberlin’s Revenge Mania: College Finally Runs Out of Appeals in Campaign Against Family-Owned Bakery” →

Columns, Media, Politics

Disinformation Dependables: Bash Joins A Line of Biden Officials Who Pushed False “Russian Disinformation” Claims

The appointment of MSNBC analyst Jeremy Bash to the President’s Intelligence Advisory Board triggered an outcry in Washington given Bash’s role in denying the legitimacy of the Hunter Biden laptop as “Russian disinformation.” Bash was not only one of more than 50 former intelligence officials who signed a letter dismissing the Hunter Biden laptop story before the 2020 presidential election, but he took to cable news to assure the public that there is nothing to it. Bash is not alone in the Administration as high-ranking officials who pushed such false claims to help get President Biden elected.

Continue reading “Disinformation Dependables: Bash Joins A Line of Biden Officials Who Pushed False “Russian Disinformation” Claims” →

Academia, Free Speech

University of North Carolina Study Finds Conservative Students Engage in Self-Censorship on Campus

With the start of classes at George Washington Law School, I have already had visits to my office of conservative and libertarian students asking if I thought they could speak freely in other classes without being penalized by professors. Despite teaching for decades, it is a question that I never heard from students until the last few years. It is now routine. It is the widespread fear of conservative students who have faced faculties with overwhelmingly liberal viewpoints and growing intolerance on virtually every campus as undergraduate students. Now a new study at North Carolina confirms how conservative students routinely “self-censor” and do not feel comfortable sharing their views in classes. Not surprisingly given the heavy liberal makeup of faculties, liberal students feel little such fear over retaliation. Continue reading “University of North Carolina Study Finds Conservative Students Engage in Self-Censorship on Campus” →

Columns, Criminal law, Media, Politics

Rorschach Redactions: What Did Not Happen with the Release of the Mar-a-Lago Affidavit

Below is my column in the Hill on the release of the affidavit leading to the raid on Mar-a-Lago. The redacted affidavit did confirm key points, but the most interesting elements could be what did not happen. That may change now that a federal judge has finally indicated that a special master may be appointed. Since the start of the controversy over the Mar-a-Lago raid, I have called for the release of a redacted affidavit and the appointment of a special master to sort through the seized material, including alleged attorney-client privileged material. (Indeed, the Justice Department just admitted that it may have collected attorney-client privileged material). Such an appointment could result in additional material being returned to the Trump team and a release of additional information on what was seized under this exceptionally broad warrant.

Here is the column:

Continue reading “Rorschach Redactions: What Did Not Happen with the Release of the Mar-a-Lago Affidavit” →

Academia, Congress

Wharton Study: Biden Tuition Debt Forgiveness Could Cost $1 Trillion

The alleged cost of $300 billion for the Biden tuition debt forgiveness plan was challenged by the White House as too high. Then the figure went up to $500 billion. Now the respected University of Pennsylvania’s Wharton School of Business estimates that it will cost up to $1 trillion. Putting the merits of such debt forgiveness aside, the unilateral plan to waive up to a trillion dollars without congressional approval is a dangerous and unconstitutional violation of our system of the separation of powers. Those Democrats applauding this plan in Congress are celebrating their own institutional obsolescence. Continue reading “Wharton Study: Biden Tuition Debt Forgiveness Could Cost $1 Trillion” →

Academia, Free Speech, Politics

Marquette University Students Shut Down Convocation in Protest of Racial “Oppressions and Hardships”
Recently, Marquette University faced criticism over the removal of the image of Father Jacques Marquette and a Native American from its seal after protests. Now the University is facing another controversy after black student activists shutdown its convocation to protest the “oppressions and hardships” faced at the university. This includes the alleged elimination of  the Office of Engagement and Inclusion, which officials have denied as simply false. Continue reading “Marquette University Students Shut Down Convocation in Protest of Racial “Oppressions and Hardships”” →