Courts, Free Speech

Go Fund Me Takes Down Fundraising Campaign for Litigation Over Vaccine Mandate
We previously discussed how GoFundMe has joined social media sites in censoring opposing viewpoints on subjects from critical race theory to vaccines to election fraud. The site once offered a neutral site for those seeking to support others with similar views or interests. The company now insists that it will only allow people to gather on the site if it believes their views are true and correct. However, it was still surprising to see the site take down a fundraising account for litigation against vaccine mandates. The effort of former nurse Jennifer Bridges was simply to get such matters before the courts, which can be the ultimate authority on what is “misinformation.” GoFundMe however blocked people from contributing to the litigation. Continue reading “Go Fund Me Takes Down Fundraising Campaign for Litigation Over Vaccine Mandate” →
Academia, Congress, Constitutional Law, Politics

Morrison: Time to Give DC Residents A Vote in Congress

I recently discussed the Supreme Court’s affirmance of a decision rejecting constitutional arguments that the District of Columbia is entitled to a vote in Congress. I have repeatedly testified and written on the constitutional barriers to such a vote absent statehood. See Jonathan Turley, Too Clever By Half: The Partial Representation of the District of Columbia in the House of Representatives, 76 George Washington University Law Review 305-374 (2008). Given those long-standing views, I felt that the blog should hear from a leading intellectual with an opposing perspective. One of the briefs written in support of the district in the recent litigation was from constitutional scholars, including my colleague Alan B. Morrison, Lerner Family Associate Dean at George Washington Law School. I reached out to Professor Morrison to see if he would offer a response on the ruling and the underlying issues. I was delighted when he accepted.

For many on this blog, Professor Morrison needs little introduction. He has not only previously written on the blog, but he is one of the most respected legal figures in the country with extensive litigation and public interest experience. His views on this and every subject are worth the most serious consideration by readers. Continue reading “Morrison: Time to Give DC Residents A Vote in Congress” →

Columns, Criminal law, Politics

Is Durham Circling Jake Sullivan? The Special Counsel May Not Be Done With the National Security Adviser

Last month Washington was rocked by the indictment of Michael Sussman, former counsel for Hillary Clinton’s 2016 presidential campaign and the Democratic National Committee, for his alleged role in spreading a false Russia conspiracy theory. Special counsel John Durham — who is variously described as either painfully methodical or positively glacial as a prosecutor — reportedly was prompted to indict Sussman by an expiring statute of limitations.

Absent such a deadline involving Sussman, it seems unlikely that Durham would have disclosed as much as he did in the indictment. The reason is that he is likely focusing on other possible targets and witnesses. That could include the most notable figure exposed in the Sussman indictment: Jake Sullivan. Continue reading “Is Durham Circling Jake Sullivan? The Special Counsel May Not Be Done With the National Security Adviser” →

Columns, Congress, Free Speech, Media, Politics

Learning To Fear Free Speech: How Politicians Are Moving To Protect Us From Our Unhealthy Reading Choices

Below is my column in the Hill on the increasing calls for censorship and speech regulation on the Internet.  The most recent push on Capitol Hill surrounds the testimony of former Facebook product manager Frances Haugen who alleges that Facebook has been knowingly harming children through promotion and access to certain sites. For some, the testimony follows a type of Trojan Horse pattern where anti-free speech measures are packaged as public safety measures.  Before embracing the proposals of these senators, the public needs to think long and hard over what is being lost in these “reforms.”

Here is the column: Continue reading “Learning To Fear Free Speech: How Politicians Are Moving To Protect Us From Our Unhealthy Reading Choices” →

Courts, Politics, Society

Judge Orders Philadelphia to Remove Plywood Box Covering Columbus Statute

Common Pleas Court Judge Paula Patrick issued an order on Friday that Mayor Jim Kenney and the city of Philadelphia must remove the plywood box covering a statue of Christopher Columbus. The 144-year-old statue was covered up due to protests that the explorer represents racial injustice and abuse. Other Columbus statues have been destroyed, including one in Baltimore. When asked about that destruction, Speaker Nancy Pelosi shrugged and said “people will do what they do.”  For his part, Kenney has announced that his administration will appeal the ruling in an effort to keep Columbus covered from public view. Continue reading “Judge Orders Philadelphia to Remove Plywood Box Covering Columbus Statute” →

Bizarre, Free Speech, International, Media, Military, Politics

China Arrests Former Journalist for Criticizing Film on Korean War
There’s an old comedy skit of a haughty art expert giving a museum tour and explaining the meaning of an abstract painting. When he finishes, a woman in front says, “I don’t like it” to which the expert responds “well you’re wrong.” The skit is funny, of course, because art is in the eye of the beholder . . . unless you are in China apparently.  This week, former journalist (and businessman) Luo Changping was arrested. Unfortunately, that is not uncommon in the authoritarian state. However, his crime was saying that he did not like “The Battle at Lake Changjin,” a $200 million film about the Battle of Chosin Reservoir in the Korean War. In China, it is a crime to defame “political martyrs.”

This story combines two of my favorite subjects: free speech and military history. Unfortunately, neither survives unscathed.

Continue reading “China Arrests Former Journalist for Criticizing Film on Korean War” →

Bizarre, Criminal law, Torts

Minnesota Woman Arrested After Running Over Man Who Allegedly Robbed Her

There is an interesting criminal case out of Minnesota that highlights both criminal and tort doctrines on the defense of self and defense of property.  Landis Rachel Hill, 31, and her boyfriend, Christopher Dwayne Grayson, were arrested after Hill ran over a man who allegedly robbed them. Al Rakip J. Zaidi, 21, died from “severe head trauma” after being hit by their 2001 Ford Expedition.

Continue reading “Minnesota Woman Arrested After Running Over Man Who Allegedly Robbed Her” →

Academia, Media

Chicago Journalist Cancels Appearance With Blistering Response to DePaul’s Student Editors and Faculty Advisor

Chicago Tribune journalist Eric Zorn is not going to speak at DePaul University after the student newspaper condemned him for “racism.” The students wrote that Zorn should not participate in a “Tough Times for Local Journalism” panel because he warned against making snap judgments on the controversial shooting of Adam Toledo by a Chicago police officer. Zorn however wrote (below) a blistering response to the school and its editors over the cancel campaign. Continue reading “Chicago Journalist Cancels Appearance With Blistering Response to DePaul’s Student Editors and Faculty Advisor” →

Bizarre, Torts

Suicide Torts: Recent Bizarre Cases Raise Questions Over “Jumper” Liability

A couple of bizarre recent cases raise a question that we occasionally discuss in my torts class: the liability for suicidal acts, particularly jumping from buildings. This week, a 31-year-old man jumped from a high-rise in Jersey City, New Jersey and landed on a BMW. The car was heavily damaged but he was able to walk away after plunging nine floors.

Continue reading “Suicide Torts: Recent Bizarre Cases Raise Questions Over “Jumper” Liability” →

Academia, Free Speech

Ohio Northern University Denies Republican Group “Back the Blue” Apparel

There is another free speech fight brewing at Ohio Northern University. According to the site College Reform, Ohio Northern College Republicans were denied approval of apparel featuring “Back the Blue” on the sleeve and a Thin Blue Line flag printed on the back. Even though the shirts did not include references to ONU, the university still barred the design due to other schools being forced “to retract and apologize” for such designs. It is another variation of the “heckler’s veto” where (in this case private) schools intervene to stop lectures or expressive activities due to the objections of others.

Continue reading “Ohio Northern University Denies Republican Group “Back the Blue” Apparel” →

Academia

Wisconsin College Places Autistic Professor on Leave Over Mask Mandate

There is an interesting fight unfolding at Edgewood College in Wisconsin over mask mandates. English Professor Susan Rustick is autistic and the mask causes trauma and a sense of claustrophobia. The college however denied an exemption and offered instead the option of teaching behind a plastic barrier. Rustick was told that such a barrier is useless in controlling spread and can actually increase the chances of contracting the virus. The result could be another lawsuit by a professor over university mandates. Usually, these fights have centered on vaccinations but mask mandates could raise medical objections. Rustick was placed on leave by the college.

Continue reading “Wisconsin College Places Autistic Professor on Leave Over Mask Mandate” →

Academia, Bizarre

East Carolina University Student Arrested For Racist Fraternity Invitation Hoax

We recently discussed people arrested after trying to fuel racial unrest by posing as members of groups on the left and right. Now an East Carolina University student has been arrested after he allegedly sent a fake racist party invitation to a rush event hosted by a rival fraternity, Theta Chi. James Edwards, 19, is the the vice president of recruitment for Pi Lambda Phi. Edwards is African American but his motivations are not clear in perpetuating this hoax. What is legally notable about the case is the criminal charge: cyberstalking. Continue reading “East Carolina University Student Arrested For Racist Fraternity Invitation Hoax” →

Academia, Free Speech

MIT Cancels Lecture By UChicago Professor Who Criticized Diversity Programs

When I went to college at the University of Chicago, we often viewed the Massachusetts Institute of Technology (MIT) as our peer institution on the hard sciences. After all, both schools were composed of socially awkward, clueless geeks. That sense of nerd affinity was lost this week in a controversy over the cancelling of a lecture by Dorian Abbot, an associate professor of geophysical sciences at the University of Chicago, after complaints that he has criticized Diversity, Equity and Inclusion (DEI) programs. The cancelling of the event raises many of the concerns that we have previously discussed over the growing intolerance of dissenting views on our campuses — and the retaliation against faculty who challenge a new orthodoxy in our ranks. Continue reading “MIT Cancels Lecture By UChicago Professor Who Criticized Diversity Programs” →

Constitutional Law, Media, Politics

United States Supreme Court Affirms Denial of Voting Rights For D.C.

The United States Supreme Court affirmed the decision of the United States Court of Appeals for the District of Columbia (and the later denial of a motion for consideration) in rejecting the much touted lawsuit to give residents a vote in Congress. Some of us have repeatedly said that the lawsuit would not succeed despite various law professors filing a brief supporting the underlying claims. What is most striking however is the coverage in the Washington Post, which reported on the summary affirmance but only quoted supporters for the challenge, including a strikingly misleading take on the lower court ruling upheld by the Supreme Court.

Continue reading “United States Supreme Court Affirms Denial of Voting Rights For D.C.” →

Columns, Congress, Politics

Biden’s Red Queen Justice: How He Destroyed Both the Investigation and the Reputations of Border Agents

Below is my column in the Hill on the controversy over U.S. Customs and Border Protection agents allegedly whipping undocumented immigrants on the southern border. The false accounts given by members of Congress and the media were alarming and likely defamatory. However, it was the comments of President Joe Biden that were the most damaging to both the investigation and the reputation of these agents. He seemed to finally find his “dog-faced lying pony soldiers” in the mounted border unit. Ironically, he is the most legally protected person in making defamatory comments.

Here is the column: Continue reading “Biden’s Red Queen Justice: How He Destroyed Both the Investigation and the Reputations of Border Agents” →

Res ipsa loquitur – The thing itself speaks