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”” →

Academia, Free Speech

Chasing Katz: Princeton Moves to Fire Classics Professor Who Criticized Anti-Racism Measures

We have been writing about the rising intolerance for conservative and dissenting views on our campuses. Many faculty members are fearful that, if they challenge the liberal orthodoxy at their schools, they will be shunned, investigated, or fired. For many, that fear was realized this month at Princeton where the university used a previously adjudicated grievance against Classics Professor Professor Joshua Katz to seek his termination. Katz had drawn the ire of faculty and students by questioning a proposed anti-racism program of benefits for minority faculty. Princeton President Christopher Eisgruber called on the university board to fire Katz in a move being denounced as a transparent effort to circumvent free speech and academic freedom protections over his prior public stance.

Continue reading “Chasing Katz: Princeton Moves to Fire Classics Professor Who Criticized Anti-Racism Measures” →

Columns, Courts, Criminal law, Politics

Tale of Two Trials: How Sussmann is Receiving Every Consideration Denied to Flynn
Judge Christopher Cooper
Judge Emmet Sullivan

Below is my column in The Hill on the Sussmann trial and the striking comparisons with prior prosecutions of Trump officials like Michael Flynn.  The court has limited the evidence available to the prosecution, the scope of questioning, and cleared a jury that includes three Clinton campaign donors. A jury of your peers is not supposed to literal with an array of fellow Clinton supporters. Those negative rulings continued during the trial, including a refusal to dismiss a juror whose daughter is playing on the same team with Sussmann’s daughter.  For John Durham, it may seem that the only person missing from the jury at this point is Chelsea Clinton.

Here is the column: Continue reading “Tale of Two Trials: How Sussmann is Receiving Every Consideration Denied to Flynn” →

Criminal law, Justice, Politics

“Not My Investigation”: Former FBI General Counsel Shrugs Off Delay in Turning Over Key Text Message

Former FBI General Counsel  (and now Twitter lawyer) James Baker has long been a lightning rod for critics over the role of the FBI in pushing false Russian collusion claims. Baker did not help himself with those critics yesterday when he took the stand in the trial of Michael Sussmann, former Clinton campaign counsel. After declaring Sussmann a friend, Baker seemed to shrug off the fact that he previously failed to turn over a critical piece of evidence to Special Counsel John Durham because “this is not my investigation. This is your investigation.”

Continue reading ““Not My Investigation”: Former FBI General Counsel Shrugs Off Delay in Turning Over Key Text Message” →

Academia, International, Society

“Then Hate Me When Thou Wilt”: Salford Removes Sonnets as “Products of White Western Culture”
Media, Politics, Society

New Financial Controversies Rock BLM as Marc Elias Reportedly Ends “Key Role” With the Group

New financial controversies have arisen about the use of donations by Black Lives Matter (BLM), including additional allegations that co-founder Patrisse Cullors used BLM funds and resources to benefit herself and friends. I previously wrote a column asking why Democratic prosecutors like New York Attorney General Letitia James shown comparably little interest in these allegations even as James sought to disband the National Rifle Association (NRA) over similar allegations. In the meantime, the Washington Examiner is reporting that former Clinton campaign lawyer Marc Elias has left a “key role” after his firm, the Elias Law Group, had “taken control of its books and finances.”

Continue reading “New Financial Controversies Rock BLM as Marc Elias Reportedly Ends “Key Role” With the Group” →

Academia, Free Speech

Wisconsin Files Complaints Against Three Students Who Refused to Use Approved “Pronouns”

Conflicts over pronoun use have been rising around the country. There is a potentially important free speech case developing in Wisconsin. In Kiel, Wisconsin, three eighth graders are facing a Title IX complaint due to their failure to use plural pronouns “they/them” to refer to a single student. Indeed, it is reminiscent of the recent litigation involving a teacher in Loudoun County, Virginia. When the litigation involving teacher Byron “Tanner” Cross was unfolding, I noted that the most difficult such case for the district would be to impose such rules on students. This seems to be precisely that case in Wisconsin.

Continue reading “Wisconsin Files Complaints Against Three Students Who Refused to Use Approved “Pronouns”” →

Academia, Bizarre, Congress, Politics

The GW Commencement Controversy: A Response To Rep. Susan Wild

This weekend, I was unable to attend our law school graduation after traveling to Utah to speak to the Federal Bar Association. I have only missed a couple of graduations in almost 30 years of teaching. I soon, however, received emails from students and colleagues that made me somewhat thankful that I was unable to attend.

This year’s commencement speaker was Rep. Susan Wild (D) who represents the 7th District in Pennsylvania and is a distinguished graduate of our law school. Wild chose the commencement address to launch into a personal attack that accused me of being an example of the use of law for “wrongful ends.” She falsely accused me of changing a critical legal point in my testimony in the Clinton and Trump impeachment hearings on whether impeachable conduct must be indictable crimes. I felt that a response was warranted. Continue reading “The GW Commencement Controversy: A Response To Rep. Susan Wild” →

Columns, Constitutional Law, Politics, Supreme Court

The Post-Roe World: A Reality Check on the Implications of the Leaked Supreme Court Opinion
The Map of Hell painting by Botticelli

Below is my column in the Hill on claims being made about the post-Roe world and the sweeping away of such rights as interracial marriage and the use of contraceptives. The “parade of horribles” seems to get longer by the day but it may actually be undermining the good-faith arguments made by pro-abortion advocates.

Here is the column: Continue reading “The Post-Roe World: A Reality Check on the Implications of the Leaked Supreme Court Opinion” →

Constitutional Law, Free Speech, Media, Politics

“Silence the Voices of Hatred”: N.Y. Governor Hochul Uses the Buffalo Massacre to Renew Calls for Censorship of Social Media

Politicians have long viewed tragedies and crises as opportunities not to be “wasted.” Most recently, Samantha Power, Biden’s Administrator of the United States Agency for International Development, told ABC that they did not want to waste the war in Ukraine as a way of pushing green initiatives. She explained to George Stephanopoulos that you should “never let a crisis go to waste.” Governor Kathy Hochul (D-NY), adopted the same approach to the massacre in Buffalo in renewing calls for censorship on the Internet. While many drew the connection between the shooting and the need for greater gun control measures, Hochul notably went further to demand the curtailment of free speech protections. Speaking later at a church, she pledged to “silence the voices of hatred and racism and white supremacy all over the Internet.”

Continue reading ““Silence the Voices of Hatred”: N.Y. Governor Hochul Uses the Buffalo Massacre to Renew Calls for Censorship of Social Media” →

Res ipsa loquitur – The thing itself speaks