Below is my column in the Hill on the acceptance of a major new case by the Supreme Court on the issue of free speech and anti-discrimination laws. The nomination of Judge Ketanji Brown Jackson of the United States Court of Appeals for the District of Columbia (the subject of today’s Hill column) and the Ukraine war took attention from this addition to the docket. However, this case has the makings of a major course change for the Court.
Here is the column:
Russia is now unleashing its massive military assault on Ukraine and shattering every international norm in the process. Putin himself has shocked the world with his authoritarian actions and rhetoric. We are watching the blind rage of megalomania played out on a world stage. The only voice that seems to resonate in this madness is that of Putin himself. There has, however, been one voice that seemed to embody the best of our international and law values. It is the voice of Kenyan U.N. Ambassador Martin Kimani. While many of you have likely heard parts of his incredible address, I thought that this would be an important time to hear his remarks, which include criticism of all of the world powers.
Continue reading “As Madness Reigns in Russia, a Voice of Wisdom From Kenya”
The prosecutors, Carey R. Dunne and Mark F. Pomerantz, submitted their resignations this week to Manhattan District Attorney Alvin Bragg in the investigation into former President Donald J. Trump and his business practices. The resignations came after Bragg reportedly questioned the case against Trump. The challenge in such cases is that companies regularly manipulate the stated value of their assets for tax or loan purposes, particularly in the real estate area. [Update: Bragg denies dropping case and has appointed Susan Hoffinger to lead a squad of about 25 lawyers, paralegals and analysts, according to the Washington Post).
Continue reading “Trump Prosecutors Resign After Grand Jury Case Stalls in Manhattan”
From Hunter Biden’s laptop to influence peddling to financial dealings, the media has presented a fairly unified front dismissing allegations and blacking out coverage. As I previously wrote, the Biden family made an elephant disappear on stage and the media was invested in the trick. The media has largely allowed President Joe Biden to repeat without challenge that that his son did “nothing wrong” . . . despite many of us writing for years that what he did was very wrong indeed. Yet, it is becoming increasingly hard to spin out of this scandal as David Weiss, the U.S. attorney for the District of Delaware, continues to call people before a federal grand jury to testify on Hunter Biden.
Below is my column in USA Today on the investigations into the finances and tax status of Black Lives Matters. As these inquiries expand, co-founder Patrisse Cullors is scheduled to speak in favor of defunding school police in Los Angeles. Many, however, are still seeking answers from Cullors’ time at BLM and what happened to millions in donations given by corporations and citizens. Cullors previously called capitalism a tragedy worse than Covid, but this is one tragedy that could have been avoided.
Here is the column:
Continue reading “A “Tragedy of Capitalism”? BLM Faces Growing Questions Over Millions in Donations”
We previously discussed the case of Greg Manco, a former St. Joseph’s University professor who was effectively terminated by the university after a controversy over his criticism of reparations demands. He has now filed a federal lawsuit alleging defamation, and other claims against the university and a variety of individuals, including five alumni and one current faculty member.
By a vote of 185 to 151, the Canadian Parliament voted to approve Prime Minister Justin Trudeau’s motion to invoke the Emergencies Act. The vote is chilling given the fact that the protest has ended and the roads have been cleared. Nevertheless, the Trudeau government still wants to wield the excessive and unnecessary powers claimed under the Act. The vote shows how easily many drift into more and more draconian measures against their political opponents.
State University of New York at Binghamton is again embroiled in a campus controversy. We previously discussed a major free speech ruling against the University for its pattern of discriminating against conservative speakers on campus. Recently, Professor Ana Maria Candela was called out on conservative sites like Campus Reform for her stated policy of “progressive stacking” where “non-white folks” would be given priority or preference in class discussions. The university declared the policy (used by other faculty members around the country) to be a violation of university rules. Continue reading “SUNY-Binghamton Rejects Professor’s “Progressive Stacking” to Give “Non-White Folks” Preferential Treatment in Class”
Below is my column in the Hill on the decision in Thompson v. Trump, the case brought by Democratic members and Capitol police officers against President Trump, Donald J. Trump Jr., Rudy Giuliani, and others for injuries (physical or emotional) related to the January 6th riot. The lawsuits against three out of four of the speakers from the rally on that day were dismissed but the motion on behalf of former President Donald Trump was denied. He could well prevail on appeal and there remain unanswered questions over the free speech protections that should be accorded such speeches.
Here is the column: Continue reading ““A Game of What-Aboutism” — Ruling against Trump Leaves More Questions Than Answers on Free Speech”
Abby Broyles, a candidate for Congress, is embroiled in a bizarre controversy where she is accused of verbally abusing teenage girls at a slumber party and throwing up in a laundry basket and a girl’s shoe. That is not exactly a “chicken in every pot” type of political pitch. However, I am more interested in the legal than the political aspect of this case. My students and I often use such controversies to discuss the scope or application of torts theories. This one raises a couple of novel elements. Broyles initially called these girls and their parents liars behind a political hit job. She also allegedly threatened to sue a media outlet for running the allegations. The question is whether she could now be sued for defamation.
As many on this blog know, I have long been an advocate for public schools, which I believe serve a critical function in shaping future citizens. However, teachers and administrators seem intent on fueling calls for even greater private school voucher programs and other alternatives to the public schools. Some schools seem more focused on indoctrination than education. That is the concern with a video recently shared by a mother in New York. In the video, students at the Upper West Side’s M.S. 243 Center School where students held up signs for Pfizer and Moderna and sang “It’s safe to vax and if your friends don’t vax then they ain’t no friends of mine.” Students are not required to be vaccinated in New York and the song appeared to be an effort to stigmatize and isolate those who have declined vaccination. The New York school system is investigating the matter.
Public Health Scotland (PHS) is upset that critics are using its data to oppose Covid mandates and policies. PHS believes that the anti-vaxxers are seizing on the data to undermine its case for continued mandates. One official is quoted as saying that “[t]he case rates, hospitalization rates, the death rates are very simple statistics” and critics are misreading the data “inappropriately and sometimes willfully.” The solution? PHS will reportedly stop sharing the data with the public. It appears that it is not enough for companies like Twitter to ban critics from social media. Now, citizens will be protected not just from opposing views but information that will only confuse them. Continue reading “Public Health Scotland Stops Releasing Covid Data to Protect The Public From Reaching Bad Conclusions”
The Trudeau government went public this week with a condemnation of Cuba over its lack of free speech protections as the government deployed unprecedented powers to crackdown on Canadian truckers and their supporters. Prime Minister Justin Trudeau has invoked the 1988 Emergencies Act for the first time to freeze accounts of truckers and contributions by other Canadian citizens. It was entirely unnecessary and, while the media is largely supportive of Trudeau, the powers have been condemned by civil liberties groups in Canada. Continue reading “Oh Canada: Trudeau’s Government Condemns Cuba Over Free Speech As Canada Cracks Down on Free Speech”
Below is my column in the Hill on the Palin defamation trial and why it could still present a substantial challenge to press protections in false stories. The court’s curious handling of the case backfired. Judge Jed Rakoff announced that he would dismiss the case regardless of the jury decision but that he still wanted the jury to reach a decision. As discussed below, the tactic would serve to insulate his own decision on appeal. However, the jury found out about his decision and now, in my view, the verdict should be set aside. If so, the case may now be a major challenge to the application of the “actual malice” standard to public figures. That issue would have to be decided by the Supreme Court however given the prior ruling in New York Times v. Sullivan.
Here is the column:
Continue reading “Judicial Palindrome: How Sarah Palin was Left with Losing by Jury or by Judge”
