The release of Quintez Brown, 21, after trying to murder a Kentucky mayoral candidate is simply baffling. Since bail decisions are based in large part on risk to the community, I cannot imagine a less compelling case for bail given a reportedly history of mental illness, an attempted murder of a political candidate, and the possible political motive behind the violence. Notably, many rioters from Jan. 6th were denied bail without a charge of attempted murder. However, Black Lives Matter was able to bail out Brown with seemingly little difficulty. Continue reading “Activist Bailed Out In Kentucky After Allegedly Attempting to Murder Political Candidate”
Below is my column in USA Today on the Palin defamation trial. The case, if appealed, could raise a serious challenge to the application of the “actual malice” standard to public figures. Ironically, last night, Hillary Clinton made reference to this standard in suggesting that she might be able to sue Fox News for its coverage of the Durham investigation. It is considered a sacrilege to even raise the possibility of reexamining the legacy of New York Times v. Sullivan but there are legitimate long-standing questions about the extension of the actual malice standard from public officials to public figures. It is a tough question with good arguments on both sides, but it is a debate that is long overdue.
Here is the column:
Finland may be viewed as “the happiest place to live” but not if you value free speech. A major free speech case is brewing in the country after Member of Parliament (and former Interior Minister) Päivi Räsänen was criminally charged after tweeting a quotation from the Bible in opposition to her church’s sponsorship of an LGBT pride event. Räsänen, 61, is reportedly facing up to two years in prison for exercising her rights of free speech and freedom of religion.
Continue reading “Finish MP Criminally Charged After Quoting Bible in Opposition to LGBT Event”
There is a major development in the Sarah Palin defamation case where a jury recently rejected her claims against the New York Times. The case had a curious profile because the judge sent out the jury to deliberate and then announced that, while he would let them reach a verdict, it would not matter: he would dismiss the case anyway. I wrote in the Hill that this move worked to insulate the judge’s own decision. If the jury came in with a verdict against Palin, that fact finding would be more difficult to overturn. Now, however, Judge Jed Rakoff has disclosed that the jury found out about his intended dismissal before they reached a verdict. That is a major problem and could substantially change the impact of the case on appeal. In this case, Judge Rakoff effectively supplied both the instructions and the answers for the jury.
As expected, the family of cinematographer Halyna Hutchins has sued actor Alec Baldwin and others for wrongful death in the fatal shooting on the set of the movie “Rust.” The complaint details evidence of negligence on the part of the production team, which includes Baldwin as a producer. The lawsuit is on behalf of Halyna’s husband, Matthew Hutchins, and their son Andros Hutchins. There is also a pending criminal investigation. As previously discussed, there is ample support for such a negligence claim and there will likely be enormous pressure to settle this case.
Continue reading “Hutchins Family Sues Baldwin and Others For Wrongful Death”
For the first time in history, Canadian Prime Minister Justin Trudeau invoked the Emergencies Act to crackdown on what he has described as an attack on democracy itself in Canada. While civil libertarians in Canada have condemned the move as threatening core free speech and associational rights in the country, the American media and legal commentators have largely supported Trudeau in the use of these extreme measures. Indeed, I triggered a tsunami of criticism in stating that Canada could have used such powers to cut off donations for the Civil Rights Movement and arrest Martin Luther King today for such protests. This was due to the distortion of my comments on MLK being arrested (as opposed to being subject to arrest under this law). However, there was also an objection that there is no equivalency between the truckers and the Civil Rights Movement. Again, that is not the point of the reference: the comparison was to the type of civil disobedience used in protests. The concern is that the Canadian government could declare such an emergency to crackdown on any group engaging in civil disobedience through blockades or occupation protests. It could even happen to Dr. King today if marchers sought to repeat historic marches in Canada. Without meaningful limits under the law, they could also be unilaterally declared threats to Canadian “sovereignty, security and territorial integrity” by Trudeau for acts of civil disobedience.
Pediatricians call it “breath-holding spells.” It was when children hold their breath when upset until they experience syncope, or passing out. The media in Washington appears close to a collective faint over the recent filings of Special Counsel John Durham. While the media has largely buried or downplayed the disclosures by Durham on the origins of the Russian conspiracy claims, Durham keeps adding new details implicating top Democratic figures in what he describes as an ongoing investigation. You can only hold your breath so long and Durham shows no signs that he is done by a long shot. Continue reading “Media Vapors: How Special Counsel John Durham Has Triggered a Media Meltdown”
A murder suspect, Darius Mungin, 20, has been released on bail. That alone is not necessarily new but it is the reason that is alarming. Mungin was released due to the utter lack of security at Rikers Island where he was attacked repeatedly by gang members. Mungin is charged with attempted murder in an Aug. 30 shooting that happened outside a Manhattan deli where a man was shot in the chest. The office Manhattan District Attorney expressed sympathy for his situation in agreeing to lower his bail to allow him to be released. I am less opposed to the bail as I am to the fact that New York officials cannot maintain a prison with a minimal level of security. The lack of control over the prison is now a basis for release — a disgraceful admission by officials who continue to show utter incompetence and zero accountability. Where bail was once determined on the basis of the threat posed by a prisoner to society, it is now based on the threat posed by a prison to the prisoner.
Below is my column in the Hill on the government and media campaign against the Canadian truckers. The Canadian government has now cleared the Ambassador Bridge. However, there was lasting damage done to the rights of free speech and association after an alliance of the government, corporations, and the media sought to isolate the protesters politically and financially. The most disturbing element was the freezing of donations by companies and the courts. Most recently, the TD Bank joined in blocking support from thousands of citizens. The organized effort to cut off access to donations is alarming, particularly in conjunction with efforts to curtail social media and other informational avenues for the protesters.
Here is the column:
Continue reading “Free Speech Becomes Roadkill in the Crackdown on Canadian Truckers”
New York Times writer (and now Howard University Journalism Professor) Nikole Hannah-Jones, went public this week with a call for journalists not to cover shoplifting crimes, even criticizing MSNBC’s Al Sharpton for his discussion of a viral video of a man who recently stole steaks from a New York City Trader Joe’s. Hannah-Jones is a leading voice for advocacy journalism and her public criticism of the coverage of the rise in shoplifting vividly shows what such journalism means for the profession.
I have previously lamented what I call “the age of rage” and how many seem addicted to rage in our society. That was evident this week as many vented against groups ranging from the Canadian truckers to the unvaccinated. CNN analyst Juliette Kayyem seemed to suggest vigilantism as a proper response to the Canadian protesters while James Carville said that he wanted to punch the unvaccinated. I do not view either Kayyem or Carville as seriously advocating or condoning violence. However, the heated rhetoric highlights the danger of past demands from the left for censoring or prosecuting others for violent speech.
According to a new report by The Washington Post, the National Archives had to retrieve a large number of boxes from Mar-a-Lago that were unlawfully removed by President Trump or his staff upon leaving the White House. There are strict laws on the preservation of presidential documents, laws that President Trump was repeatedly accused of flaunting during his presidency. However, the most serious element of this latest allegation is that the removed material included clearly marked classified information, including some at the Top Secret level. Continue reading “Trump Accused of Taking Top Secret Material To Mar-A-Lago”
Res Ipsa yesterday passed the 56,000,000 mark in views on the blog. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog and our readership around the world. As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog and help out folks who encounter posting problems. I also want to thank Kristin Oren who has been proofing posts on a daily basis to remove my embarrassing typos and errors. (I have to note that my original line thanking Kristin had a typo that she corrected). Finally, I would like to thank our regular readers who alert me to typos or any violations of the civility or copyright policies on the blog. Continue reading “Res Ipsa Hits 56,000,000”
Below is my column in the Hill on the expected fight over the Supreme Court seat to be vacated by Justice Stephen Breyer. The Democrats are calling for a confirmation process strikingly different from their own approach in the last three Supreme Court nominations.
Here is the column: