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”
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”