Bizarre, Criminal law

Florida Man Stole and Demolished Car But Insisted it was Done “In Good Faith” Effort to Find His Own Car

Bradford Weitzel, of Port St. Lucie, has a novel concept of self-help remedies in the law. Weitzel, 33, stole the car of Jose William Ceballos and then left it stuck on a train track where it was subsequently demolished. He later explained that he could not find his own car and stole Ceballos’ Honda Fit “in good faith” to find it. It turns out that that is not a viable criminal defense. Continue reading “Florida Man Stole and Demolished Car But Insisted it was Done “In Good Faith” Effort to Find His Own Car” →

Academia, Free Speech, International

GWU President Triggers Free Speech Fight After Declaring Posters Criticizing the Chinese Government Offensive
Mark Wrighton, the new president of George Washington University, triggered a national free speech controversy when he declared that he was “personally offended” by posters criticizing the Chinese government’s hosting of the Olympics. The posters attacked China for its human rights record, including allegations of genocide against the Uyghur Muslim minority. Wrighton not only declared his outrage at the political posters but suggested that an investigation would be launched. He later back-tracked and issued a statement Monday that the posters are political speech and would not be investigated. Wrighton admitted that “I should have taken more time to understand the entire situation before commenting.” The university came to the correct position but the initial response of President Wrighton was wrong and chilling for free speech on our campus.  The posters are jarring in their stark and violent images. Moreover, I do not think that President Wrighton is dismissive of the human rights allegations. However, the actions taken in this case were dismissive, initially, of the values of free speech. Continue reading “GWU President Triggers Free Speech Fight After Declaring Posters Criticizing the Chinese Government Offensive” →
Columns, Constitutional Law, Courts, Politics

“Dismantling Democracy” to Save it: How Democrats Rediscovered the Joys of Rigging Elections

Below is my column in the Hill on the frenzy of gerrymandering in various states and the selective condemnation of President Joe Biden of such practices in North Carolina.

While denouncing Republicans for gerrymandering as attack on democracy, Democratic figures like lawyer Marc Elias are under attack for raising millions to support Democratic gerrymandering. Elias previously declared “Republicans gerrymander like this because they do not want free and fair elections.” (Elias was previously accused of lying to conceal the Clinton campaign’s funding of the Steele dossier, has sought to reverse election results, and has been sanctioned by the courts). Notably, the raw gerrymandering in New York not only seeks to rig the coming elections but openly flouts the will of the voters who repeatedly demanded that the practice stop in their state. 

Here is the column:

Continue reading ““Dismantling Democracy” to Save it: How Democrats Rediscovered the Joys of Rigging Elections” →

Criminal law

Tennessee Woman Receives Six Years in Prison for Illegally Registering to Vote in 2020

There is a troubling case in Tennessee this week where Pamela Moses has been given six years and one day in prison for illegally registering to vote last November. It is an exceptionally severe sentence, particularly due to the mitigating circumstances in the case.

Continue reading “Tennessee Woman Receives Six Years in Prison for Illegally Registering to Vote in 2020” →

Free Speech, International, Politics, Society

GoFundMe and the Nag’s Head Light: How Crowdfunding Has Become The Latest Battleground Over Free Speech

GoFundMe’s suspension of millions to support protesting truckers in Canada shocked many, particularly when the company initially announced its intention to distribute the money to other charities.  It was less of a surprise for those of us who have criticized the company for years over its use of the platform to target and block funds for conservative and libertarian causes. Indeed, the company has revised an old practice known as the “Nag’s Head light” in luring the unsuspecting into what has become a liberal lockbox on funds. Continue reading “GoFundMe and the Nag’s Head Light: How Crowdfunding Has Become The Latest Battleground Over Free Speech” →

Media, Torts

Palin v. NYT: New Evidence Suggests the New York Times Ignored Internal Objections to Palin Editorial

We have previously discussed the lawsuit of former Alaska Gov. Sarah Palin (R) against the New York Times, a lawsuit that could have far reaching implications for defamation law in the United States. The trial began with the introduction of evidence that the New York Times editorial board ignored internal objections to publishing the 2017 column linking Palin to the 2011 shooting in Tucson, Arizona in which then-U.S. Rep. Gabrielle Giffords, D-Ariz was seriously injured. Continue reading “Palin v. NYT: New Evidence Suggests the New York Times Ignored Internal Objections to Palin Editorial” →

International, Media, Politics

Report: Diplomat Complained that Hunter Biden was Undercutting Anti-Corruption Efforts in Ukraine

It may be time for Joe Biden and the media to go out for another ice cream scoop. Hunter Biden is back in the news in a big way.

A newly released email from the State Department shows that former U.S. embassy official George Kent raised concerns about how Hunter Biden’s influence peddling would “undercut” anti-corruption efforts in the Ukraine. The email contradicts President Joe Biden’s repeated assurances that no one has accused his family of doing anything wrong as well as his claims as a key figure in anti-corruption efforts in the Ukraine. Continue reading “Report: Diplomat Complained that Hunter Biden was Undercutting Anti-Corruption Efforts in Ukraine” →

Congress, Constitutional Law, Free Speech, Media, Politics, Torts

“A Stain on Our Democracy”: Vindman Sues Donald Trump Jr., Rudy Giuliani and Others for Witness Intimidation

Lt. Col. Alexander Vindman, the former Director for European Affairs for the National Security Council, has filed a federal lawsuit alleging violations of his civil rights by Donald Trump, Jr.; attorney and Trump advisor Rudy Giuliani; former Deputy White House Communications Director Julia Hahn; and former White House Director of Social Media and Deputy Chief of Staff for Communications Daniel Scavino, Jr. He alleges a “conspiracy” to intimidate him and to retaliate against him as a witness against Donald Trump during his first impeachment proceedings. It claims that this conspiracy has left “a stain on our democracy.” The lawsuit is novel and would create new law, if successful. However, after reading the filing, I remain skeptical of the legal basis for the action. Continue reading ““A Stain on Our Democracy”: Vindman Sues Donald Trump Jr., Rudy Giuliani and Others for Witness Intimidation” →

Columns, Free Speech, Media, Politics

Can Joe Rogan Save Free Speech?

Below is my column on the campaign to cancel Joe Rogan and his podcast. Various celebrities and artists have joined the movement for censoring Joe Rogan, including Mary Trump. The White House has called for even greater action from Spotify to limit or remove content. We have also heard the same false narrative that, since the First Amendment only covers government action, this is not by definition a free speech issue. The argument is entirely divorced from any understanding of free speech. As we have previously discussed, the First Amendment is not the full or exclusive embodiment of free speech. It addresses just one of the dangers to free speech posed by government regulation. Many of us view free speech as a human right. Corporate censorship of social media clearly impacts free speech, and replacing Big Brother with a cadre of Little Brothers actually allows for far greater control of free expression. When it comes to media, information or social media platforms, corporate censorship can have a devastating impact on free speech.

Here is the column:

Continue reading “Can Joe Rogan Save Free Speech?” →

Uncategorized

“A Prudential Matter”: New Disclosures Undermine Defenses of Emory Law Journal’s Withdrawal of Publication Offer

A recent publication by Louis Bonham added new information to the controversy over Emory Law Journal withdrawing an offer of publication for San Diego’s Warren Distinguished Professor of Law Larry Alexander due to his refusal to remove criticism of theories of systemic racism. We discussed the controversy last month.  There are a couple of new details on the communications between the editors and Professor Alexander that undermine defenses of the journal by the law school. Continue reading ““A Prudential Matter”: New Disclosures Undermine Defenses of Emory Law Journal’s Withdrawal of Publication Offer” →
Academia, Media, Politics, Society

Study: Lockdowns Did Little to Combat Covid Mortality

A new study from Johns Hopkins University found that the lockdowns in 2020 did little to combat Covid-19 mortality.  Given the huge economic and personal costs of these lockdowns, the study obviously raises questions about the basis for these extreme measures. However, as will come as no surprise to anyone on this blog, I view the study as much a statement against the censorship of commentators and researchers who were banned or attacked for questioning the lockdowns. Once again, it would have been better for public health to have this debate than to shut down any opposing views in the name of science.

Continue reading “Study: Lockdowns Did Little to Combat Covid Mortality” →

Criminal law, Media

New York Times Sues To Get Hunter Biden Information

We have repeatedly discussed the virtual news blackout on the influence peddling by the Biden family, particularly Hunter Biden. Despite overwhelming evidence of millions given by foreign companies and officials, the media has preferred to cover literal scoops over a story of breathtaking levels of self-dealing and corruption by the Bidens. Now, however, the New York Times has sued to force the Biden Administration to turn over information on Hunter Biden’s Romanian dealings. The lawsuit comes after another report that, in 2019, the FBI subpoenaed JP Morgan for records on Hunter Biden’s Chinese dealings.

Continue reading “New York Times Sues To Get Hunter Biden Information” →

Politics

Members of Congress Demand Report on Border Patrol Officers Accused By President Biden

Customs and Border Protection Shoulder PatchWe have previously discussed how the Biden Administration appears to be withholding the conclusions of investigations into Border Patrol agents that President Joe Biden accused of whipping migrants from horseback. Now, members of Congress are raising concern over an account from an anonymous DHS official that they now do not believe that they will release the report.

Continue reading “Members of Congress Demand Report on Border Patrol Officers Accused By President Biden” →

Academia, Free Speech

Free Speech Showdown at Georgetown Law School

Georgetown Law Dean William Treanor is reportedly close to making a decision on whether to fire Ilya Shapiro as Executive Director of the Georgetown Center for the Constitution. Shapiro is under fire for his opposition to the pledge by President Joe Biden to limit consideration for the next Supreme Court nominee to a black female. Shapiro sent out a horrendously badly worded tweet that supported a liberal Indian-American jurist as opposed to a “lesser black woman.” He later removed the tweet and repeatedly apologized. However, Georgetown University’s Black Law Students Association and others are demanding his termination. I entirely understand the outrage over the language used in the tweet, but it does not warrant termination in my view. The controversy raises a stark choice for Georgetown in supporting or discarding principles of free speech and academic freedom.

Continue reading “Free Speech Showdown at Georgetown Law School” →

Academia, Constitutional Law, Politics

“A Prologue to a Farce or a Tragedy or Perhaps Both”: ACLU Opposes Transparency Law on Educational Materials

The American Civil Liberties Union (ACLU) this week opposed a model law being introduced in over a dozen states. That is not itself uncommon. The ACLU historically opposed laws that denied free speech and other rights under the Constitution, a legacy that I have long cherished and supported. However, this is a transparency law that simply requires teachers and schools to post the educational materials used in classes online. It is meant to assist parents in tracking the education of their students and the priorities of their school systems. Yet, the ACLU has declared the law to be so threatening and chilling that it has officially opposed its enactment in any state.

Continue reading ““A Prologue to a Farce or a Tragedy or Perhaps Both”: ACLU Opposes Transparency Law on Educational Materials” →

Res ipsa loquitur – The thing itself speaks