Academia, Constitutional Law, Free Speech, Politics

“Aggressively Individualistic”: Miami Law Professor Proposes a “Redo” of the First and Second Amendments
Bill of RightsWe have been discussing the growing attack on free speech in this country, including a widespread movement in academia to curtail free speech rights. Indeed, this movement largely began on college campuses and spread to social media, politics, and journalism. It is now an article of faith for the left to demand censorship or the regulation of speech in the name of social justice. University of Miami’s Mary Anne Franks has a simple solution, and The Boston Globe wants people to consider it: just gut the First and Second Amendments. That’s right, the problem with the Bill of Rights, according to Franks, is that it is too “aggressively individualistic” so the solution is to “redo” the work of the Framers to be more woke compliant.  All of those pesky constitutional rulings in favor of free speech rights will then fall away and society can move on with social justice unimpeded by constitutional niceties. Continue reading ““Aggressively Individualistic”: Miami Law Professor Proposes a “Redo” of the First and Second Amendments” →
Academia, Free Speech

USC Under Fire Over Student’s Anti-Zionist Threats on Social Media

The University of Southern California is under fire this week after a student tweeted that she wants “to kill every motherf–king zionist” as well as other postings denounced as anti-Semitic. The student, Yasmeen Mashayekh, is listed as a diversity and inclusion (DEI) senator for the University of Southern California Viterbi Graduate Student Association.  The school has refused to take action against Mashayekh, but other students have objected that the school would not have been so circumspect if Mashayekh said that she wanted to kill others like BLM supporters.

Continue reading “USC Under Fire Over Student’s Anti-Zionist Threats on Social Media” →

Columns, Constitutional Law, Politics

New York’s Circular Firing Squad: Gun Groups Sue Over Latest Legislative Misfire

Below is my column in The Hill on New York’s latest gun control measure — and the latest challenge to a New York law. What is most striking in reviewing the line of gun cases coming out of New York is that the Empire State has done more for gun rights than any “pro-gun” state. Indeed, if you look at the cases expanding gun rights, New York is the greater enabler of Second Amendment expansion of any state. The reason is that these legislative measures are propelled by political rather than legal judgment. For gun owners, New York is proof of what Napoleon Bonaparte advised “Never interrupt your enemy when he is making a mistake.”  The gun nuisance law is the latest in a long line of mistakes by New York.

Here is the column: Continue reading “New York’s Circular Firing Squad: Gun Groups Sue Over Latest Legislative Misfire” →

Politics, Society, Torts

“Our Pride is Showing”: NBC Settles With Nicholas Sandmann

Former Covington Catholic High School student Nicholas Sandmann has reached another settlement with a major news organization over the widespread false reporting of his encounter with a Native American activist in front of the Lincoln Memorial on January 18, 2019. Sandmann previously settled with the Washington Post and CNN. He has now settled his $275 million defamation lawsuit against NBC. Unfortunately, such damages have become the cost of doing business for many in the media in the age of advocacy journalism where the narrative is more important than the news. Having a MAGA-hatted, racist, pro-life high school student abusing an elderly Native American was a fact too good to check — even when it required as little as watching the unedited videotapes.  Continue reading ““Our Pride is Showing”: NBC Settles With Nicholas Sandmann” →

Columns, Constitutional Law, Courts

The Rise of Gotcha Legislation: Newsom and DeSantis are Legislating Soundbites and Voters are Loving it.

Below is my column in The Hill on the recent bills proposed in Florida and California on immigration and guns. The bills are the latest examples of “gotcha legislation,” though the Florida bill could raise some interesting legal questions if Gov. Ron DeSantis moves forward with his plan on relocating undocumented persons to Delaware.

Here is the column: Continue reading “The Rise of Gotcha Legislation: Newsom and DeSantis are Legislating Soundbites and Voters are Loving it.” →

Columns, Congress, Constitutional Law, Politics

Destroying the Court to Save it: Warren Calls For Packing the Supreme Court With a Liberal Majority
This week, Sen. Elizabeth Warren (D., Mass.) finally buried her former persona as a law professor. In a transition that began in 2011, Warren has struggled with the demands of politics that often pit her against core legal principles.

Continue reading “Destroying the Court to Save it: Warren Calls For Packing the Supreme Court With a Liberal Majority” →

Bizarre, Criminal law

When Experience Works Against You: DUI Defendant Allegedly Tells Police She “Does This All The Time”

Perla Aguilar reportedly told officers that she "does this all the time."

The bane of the existence of defense lawyers are clients who use arrests to make incriminating statements but few get to the level of Perla Aguilar, 27. Aguilar was arrested for DUI in Oklahoma and reportedly told police, repeatedly, that it is all right because she “does this all the time.” She was arrested around 4:30 a.m. on Sunday for drunk driving and child neglect. Continue reading “When Experience Works Against You: DUI Defendant Allegedly Tells Police She “Does This All The Time”” →

Constitutional Law, Criminal law, Free Speech

Michigan Woman Criminally Investigated for Social Media Attacks on Anti-Maskers

The Livingston County (Mich.) Sheriff’s Office is seeking criminal charges against a Howell woman who posted nasty attacks on Twitter to criticize recent public meeting comments by anti-maskers. Kasey Helton seems an entirely unhinged and uncivil person. However, as will come as no surprise to regulars on this blog, I do not see the basis for such a criminal referral, which creates a chilling effect on free speech. Continue reading “Michigan Woman Criminally Investigated for Social Media Attacks on Anti-Maskers” →

Constitutional Law, Criminal law

Aged Out at 17? Prince Andrew Raises Surprising Defense to Giuffre Lawsuit
Florida Southern District Court

There was a surprising claim by Prince Andrew this week by his defense in the lawsuit from Virginia Roberts Giuffre, who claims that she was forced to have sex with him at the behest of Jeffrey Epstein. The Duke of York is arguing that Giuffre was too old at the time of the alleged sexual acts to use the New York Child Victims Act (CVA) to “revive” her claims now. He also repeats his main defense that Giuffre signed a release that bars her lawsuit against him.

Continue reading “Aged Out at 17? Prince Andrew Raises Surprising Defense to Giuffre Lawsuit” →

Academia, Constitutional Law, Courts

Wisconsin Voter ID Law for College Students Upheld

U.S. District Judge James Peterson this week upheld Wisconsin’s voter identification rules for college students. Common Cause and other groups challenged the requirement that student IDs display the student’s signature, an issuance date, and an expiration date. Peterson found that such rules were rationally related to the purpose of combatting voter fraud. Continue reading “Wisconsin Voter ID Law for College Students Upheld” →

Columns, Criminal law, Media, Politics

Jussie Smollett and the “Time of Deceit”

Below is my column in USA Today on the aftermath of the Jussie Smollett verdict and what the case says about our state of both politics and journalism. As discussed yesterday, some figures and groups are still insisting that people need to believe Smollett regardless of the evidence or the verdict.  Despite media figures calling his account “beautiful” and “brave,” seventy-five percent of the public believe that he staged the racist attack. The insistence by some that he is innocent shows how our national dialogue has become decoupled from facts. It simply does not matter that Smollett was clearly and inescapably guilty. He has to be innocent to fit a narrative so he is innocent in the view of some. As the editor said in “The Man Who Shot Liberty Valance,” it is very simple: “[w]hen the legend becomes fact…print the legend.”

Here is the column: Continue reading “Jussie Smollett and the “Time of Deceit”” →

Columns, Congress, Constitutional Law, Media, Politics

Beware of Plan Bs: The White House Push to ‘Codify Roe’ Goes Far Beyond the Status Quo

Below is my column in The Hill on the call by the Biden White House and many in the media to pass the Women’s Health Protection Act (WHPA) in light of the recent decision of the Supreme Court not to enjoin the new abortion law in Texas. The WHPA is routinely described in the media as a “codification of Roe,” the description used by the White House and many Democratic sponsors. It is not. It is in fact what many pro-choice advocates have always wanted Roe to be but have been unsuccessful in establishing through the court system. There are legitimate issues raised by the bill but the sponsors should not hoodwink voters by claiming that this merely codifies the status quo of Roe.

Here is the column:

Continue reading “Beware of Plan Bs: The White House Push to ‘Codify Roe’ Goes Far Beyond the Status Quo” →

Academia, Bizarre, Criminal law

“We Can Never Believe Police”: Cal State Professor Denounces Smollett Verdict as a “White Supremacist Charade”

After the conviction of Jussie Smollett, many in politics and the media admitted that the evidence against the actor was overwhelming despite the early coverage lionizing Smollett. Indeed, while Smollett garnered overwhelming coverage as a courageous victim, some have now objected to the coverage of the verdict as excessive. Some cable hosts simply ignored the conviction while CNN and MSNBC downplayed the verdict.  Black Lives Matters stood with Smollett even though he accused two black witnesses of lying and hurt legitimate victims of racism. However, Cal State Pan-African Studies Department professor Melina Abdullah has gone further and declared that it does not matter what the evidence is: you must stand with Smollett and refuse to believe anything the police has to say on the matter.

Continue reading ““We Can Never Believe Police”: Cal State Professor Denounces Smollett Verdict as a “White Supremacist Charade”” →

Constitutional Law, Courts, Politics

Send Lawyers, Guns, and Money: Newsom Calls For Gun Ban Modeled on Texas Abortion Law

California Gov. Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. It won’t work. Legally, that is. It will be hugely successful politically, but not without costs to the state and potential litigants. Continue reading “Send Lawyers, Guns, and Money: Newsom Calls For Gun Ban Modeled on Texas Abortion Law” →

Criminal law

Did Jussie Smollett Take the Cannoli?

There was an interesting interview recently with Chicago’s Ex-Police Superintendent Eddie Johnson who explained why he was immediately suspicious of the account of actor Jussie Smollett. The first thing that Johnson noticed was that Smollett went through an alleged vicious attack where bleach was thrown on him but still held on to his Subway sandwich. Johnson said that victims usually drop everything in such an attack.  Of course, Smollett could note that real professionals like Peter Clemenza always remember to “leave the gun, take the cannoli.” Continue reading “Did Jussie Smollett Take the Cannoli?” →