Academia, Free Speech

“I Mean, Because it’s Texas”: Penn Professor Alleges Police May Have Delayed Rescue in Uvalde Due to Racism
University of Pennsylvania professor Anthea Butler is at the center of another controversy after going on Twitter to suggest that the delay in rescuing the children in the Robb Elementary School in Uvalde, Texas was due to racism. She asked if the police “didn’t give a damn” about the children because they were “predominantly brown kids.” While she later deleted the Tweet, Professor Butler has a long history of offensive racial statements. While some have previously called for her termination, these comments (including this disgraceful tweet) should be protected under principles of free speech and academic freedom. However, this is another example of the double standard often applied at universities, which are quick to investigate, discipline, or fire conservative, libertarian, or dissenting faculty members in such controversies. Continue reading ““I Mean, Because it’s Texas”: Penn Professor Alleges Police May Have Delayed Rescue in Uvalde Due to Racism” →
Academia

San Francisco Unified School District Drops Word “Chief” Out of Respect to Native Americans
We have been following the language guidelines and word bans that have become common in academia. The latest is out of California where the San Francisco Unified School District is reportedly dropping the use of the word “chief” in job titles to show respect for Native Americans. Critics have objected that the word has nothing to do with the reference to the head of a tribe. The District also notified people that “a replacement term has yet to be determined.”

Continue reading “San Francisco Unified School District Drops Word “Chief” Out of Respect to Native Americans” →

Columns, Constitutional Law, Events, Politics

It is the Second Amendment, Not the “Gun Lobby” That Must Be Satisfied on Gun Control

Below is my column in The Hill on the call for bans and limits on guns like the AR-15 since the massacre in Texas.  Both President Joe Biden and former President Barack Obama have blamed the gun lobby for the violence in calling for new major gun controls. However, the barrier to banning weapons like the AR-15 rests more with the Second Amendment than the gun lobby. Any effort to reach some “commonsense” solutions will depend on the willingness to end the sweeping rhetoric and deal with the realities of the constitutional limits on gun control.

Here is the column: Continue reading “It is the Second Amendment, Not the “Gun Lobby” That Must Be Satisfied on Gun Control” →

Academia

Banning “Incendiary Speech and Rhetoric”: Boston University Faces New Free Speech Controversies and Calls for Selective Censorship

There was an interesting contrast this week in the attitude toward free speech values at Boston University with two controversies involving figures at opposing ends of the political spectrum. In one case, a professor defended looting and other crimes as forms of racial justice. In the other case, a speaker was hosted to speak about conservative values deemed anti-LGBTQ. One of the speakers was the subject of a student government resolution declaring him to be a danger to students and rejecting free speech rights for him to be heard by others on campus.  Can you guess which one? Continue reading “Banning “Incendiary Speech and Rhetoric”: Boston University Faces New Free Speech Controversies and Calls for Selective Censorship” →

Bizarre, Constitutional Law, Politics

President Biden Repeats False Claim about the Second Amendment

President Joe Biden on Wednesday repeated a claim about the Second Amendment that some of us have repeatedly challenged as untrue.  In asserting that “the Second Amendment is not absolute,” President Biden repeated his claim that certain weapons were prohibited at the time that the Second Amendment was ratified. That is simply untrue. Continue reading “President Biden Repeats False Claim about the Second Amendment” →

Columns, Constitutional Law, Politics, Society, Supreme Court

Abortion Absolutism: How Some Leaders Are Adopting Extreme Interpretations of the Right to Abortion

Below is my column in USA Today on the strikingly absolutist language being used by Democratic leaders in defining the right to abortion after the Supreme Court’s leaked draft opinion in Dobbs v. Jackson Women’s Health Organization. Yet, when pressed, these same politicians have been declining to address the implications of leaving the decision entirely to the woman at all stages of a pregnancy. Addressing the scope of this right is key to defining and supporting this right in constitutional law. Many Americans are open to protecting the right to choose, particularly in the first trimester. However, many politicians are pushing an unlimited view of the right that raises both constitutional and political questions — an approach that far exceeds what the current Roe case law supports. Conversely, Republicans are dealing with their own extreme responses to the pending decision in both the Senate and the states.

Here is the column:

Continue reading “Abortion Absolutism: How Some Leaders Are Adopting Extreme Interpretations of the Right to Abortion” →

Constitutional Law, International, Politics, Religion

“Undermining Secularism”: French Court Suspends City’s Approval of “Burkinis” in Public Pools

There is a controversial decision out of a French administrative court this week to suspend a policy allowing for Muslim women to wear “burkinis” in municipal pools in the city of Grenoble. The court ruled that such policies “undermin[ed] secularism.” While a long advocate of the separation of church and state, I have opposed these bans on burkas and burkinis as inimical to religious rights. France has Europe’s largest Muslim population and devout Muslim women can only use the pools with such coverings under Islamic teachings. France also has a long and proud history of supporting women in making their own choices — the very essence of Joan of Arc who followed her own religious dictates to heroic ends. This is a denial of such self-determination and self-expression for French Muslim women.

The ruling is reportedly based on a 2021 “separatism” law passed in President Emmanuel Macron’s first term, which allows the suspension of measures that would “undermine secularism and the neutrality of public services.”

Interior Minister Gerald Darmanin publicly supported his ministry filing an objection against the burkini policy in Grenoble. He announced that “The administrative court considers that the mayor of Grenoble, with his decision allowing burkinis in municipal pools, is seriously undermining secularism.”

Many opposed the proposal by Mayor Eric Piolle and conservative leader Marine Le Pen declared that she wants to introduce a law banning burkinis in municipal pools.

The ban undermines free speech and associational rights as well as the free exercise of religion. Many people find such coverings sexist and offensive. However, this is a long-established matter of religious faith within the Islamic community. I fail to see how this harms others or society as a whole. French society can remain neutral and secular by neither opposing nor endorsing such clothing choices. If France supports the right of women to make their own choices in society, that freedom should include the right to choose to follow a devout religious lifestyle.

Joan of Arc famously declared “I was in my thirteenth year when I heard a voice from God to help me govern my conduct. And the first time I was very much afraid.” While she wore armor rather than a burkini, the same religious imperative dictated her actions and she is now celebrated as martyr for France.

Whatever harm is perceived from burkinis, it pales in comparison to the harm from banning such swimwear in a nation committed to the freedoms of religion, expression, and association.

Criminal law

FBI Agent: Comey and Other Leadership Were “Fired Up” to Pursue the False Alfa Bank Claims

The Sussmann trial yesterday had another surprising disclosure when an agent revealed that FBI leadership, including then-Director James Comey, was “fired up” about the alleged secret communications channel between the Trump Organization and Russia’s Alfa Bank. The question is why Comey and others were so reportedly eager given the lack of foundation for the false claim — a record that even the researchers told the Clinton campaign could be mocked as utterly unsupported. Yet, as with the Steele dossier claims (funded and spread by the Clinton campaign) there was a strikingly receptive audience for such claims at the top of the FBI. Continue reading “FBI Agent: Comey and Other Leadership Were “Fired Up” to Pursue the False Alfa Bank Claims” →

Criminal law, Torts

Assault or Self Defense? The Arrest of Former Broncos Player Raises Tough Legal Questions

In teaching torts, we often discuss the vague line between self-defense and retaliation in cases of assault and battery. That issue will now be at the heart of a criminal charge against former Broncos cornerback Brendan Langley who was charged with assault after hitting a United Airlines employee. A partial video of the incident shows how murky the line can be in the use of self-defense. Literally a few seconds can make the difference if this charge is any indication.

Continue reading “Assault or Self Defense? The Arrest of Former Broncos Player Raises Tough Legal Questions” →

Academia, Constitutional Law, Free Speech

UCF Forced to Reinstate Professor Fired After Writing About “Black Privilege”
We previously discussed the effort to fire University of Central Florida Professor Charles Negy after he tweeted about “black privilege.”  UCF President Alexander Cartwright abandoned any pretense of academic freedom or principle in failing to protect a colleague from an anti-free speech campaign. Now, after a major court ruling against the university, an arbitrator has awarded Negy all back pay and benefits from the time of his firing.  That is good news. What is not good news is that, despite shredding core principles governing higher education, Cartwright remains the UCF president.  To the contrary, the university issued a statement that indicated that it is undeterred by the adverse court rulings.
Academia, Constitutional Law

University of South Carolina Drops Plans To Exclude Whites from Special Academic Program

The University of South Carolina was hit with a Title VI complaint after it attempted to create a special academic program that expressly excluded whites from participation. The requirements for its Business Success Academy limited eligibility to accepted high school juniors or seniors who identified as “African American or Black, Hispanic, LatinX, American Indian or Alaskan Native, Asian, Hawaiian or Pacific Islander, or Two or More Races.” It took a formal complaint to get the public school to agree to drop racial exclusions. Continue reading “University of South Carolina Drops Plans To Exclude Whites from Special Academic Program” →

Columns, Criminal law, Lawyering, Media, Politics

How the Sussmann Trial Inadvertently Revealed the Role of Clinton in the Alfa Bank Scandal

Below is an expanded version of my column in The Hill on the implication of Hillary Clinton in false Alfa Bank claims of Russian collusion. While most media ignored the testimony of Clinton’s former campaign manager in the Sussmann trial, it adds to a damning record on how the Clinton campaign was behind arguably the most successful disinformation campaign in American political history with both the Steele dossier and the Alfa bank claims. Ironically, despite Sussmann efforts to conceal his connections to Clinton in the FBI meeting, it was his counsel who effectively outed Clinton in the scandal. Former Clinton Campaign manager Robby Mook then violated the Eleventh Commandment of Democrats: Thou shalt not name a Clinton in a scandal.

Here is the column:

Continue reading “How the Sussmann Trial Inadvertently Revealed the Role of Clinton in the Alfa Bank Scandal” →

Bizarre, Free Speech, Media, Politics

No Laughing Matter: The Third Circuit Reverses NLRB Sanction Over Joke

In our age of rage, humor was one of the earliest victims. It is not that humor is not allowed, it is merely selectively tolerated. Thus, Twitter suspended the satirical site, Babylon Bee, with the support of many who claim to support free speech. In Canada, a comedian was actually prosecuted for trash talking in a comedy club. Even non-comedians can find themselves on the wrong side of a punch line. Recently, Ben Domenech of The Federalist found himself pursued over a single tweet teasing the employees at his publication. After referencing the struggle of Vox Media with a union, Domenech joked in a tweet that the salt mines await any employees who spoke of unionizing. No one was calling for a union at The Federalist and it was received by the staff as an obvious joke. However, a liberal lawyer from Massachusetts, Joel Fleming, filed a complaint with the National Labor Relations Board. In a highly controversial opinion, NLRB administrative law judge, Kenneth Chu, ruled against The Federalist. The United States Court of Appeals for the Third Circuit just overturned Chu and stated the obvious: it was a joke. Continue reading “No Laughing Matter: The Third Circuit Reverses NLRB Sanction Over Joke” →

Columns, Criminal law, Politics

Did the Biden Administration Just Give a Boost To the Hunter Biden Defense?

Below is my column in the New York Post on the implications of the recent civil lawsuit against Steve Wynn for allegedly working as an agent for China. The lawsuit was brought under the Foreign Agents Registration Act. The timing of the shift to civil penalties is significant given the ongoing investigation of Hunter Biden for possible FARA violations. The decision of the Biden Administration to move away from criminal charges under FARA could prove highly advantageous for Hunter Biden.

Here is the column: Continue reading “Did the Biden Administration Just Give a Boost To the Hunter Biden Defense?” →

Constitutional Law, Free Speech

NSTA Guide Advises Against the Use of “Parent,” “Male,” Female,” “Mother” and “Father”

In academia, there have been growing controversies over language guides and usages, including the use of pronouns that some object to as matters of religion or grammar. Now the largest association of science teachers in the world has issued a guide for “anti-oppression” terminology for science teachers. In the guide, titled “Gender-Inclusive Biology: A framework in action,” the National Science Teachers Association (NSTA) has called for “gender-inclusive biology,” which includes the abandonment of terms like “parent,” “men,” “women,” “mother,” and “father.”  Continue reading “NSTA Guide Advises Against the Use of “Parent,” “Male,” Female,” “Mother” and “Father”” →

Res ipsa loquitur – The thing itself speaks