Constitutional Law, Politics

“Discrimination at the Hands of Their Government”: Another Federal Court Has Halted a Federal Relief Program As Racially Discriminatory
(Official White House Photo/Adam Schultz)

President Joe Biden is facing an embarrassing and growing problem as he continues to declare his focus on ending racial discrimination: another federal court appears close to ruling that his Administration is engaging in raw racial discrimination. Milwaukee District Judge William Griesbach issued a temporary restraining order in Wisconsin halting Biden’s controversial $4 billion race-based federal relief program for farmers.  The awarding of relief based on race immediately raised objections of racial discrimination. The ruling is based on the court’s view that the white farmers challenging the program are likely to prevail. Continue reading ““Discrimination at the Hands of Their Government”: Another Federal Court Has Halted a Federal Relief Program As Racially Discriminatory” →

Academia, Constitutional Law, Society

No, The Second Amendment Was Not Primarily About Suppressing African Americans

The media has given highly favorable coverage to a new book by Dr. Carol Anderson, chair of Emory University’s Black Studies Department, that argues that “[the Second Amendment] was designed and has consistently been constructed to keep African Americans powerless and vulnerable.”  In interviews with media outlets like CNN and NPR Anderson’s theory is not challenged on the history and purpose of the Second Amendment. Like the contested claims of the “1619” project (which posited that slavery was the motivation for the establishment of the colonies), there might be a reluctance by academics to raise the countervailing historical sources out of fear of being labeled insensitive, defensive, or even racist.  However, this is not a new theory and, while there were concerns at the time about slavery and uprisings, the roots of the Second Amendment can be traced largely to England and the fears of government oppression. The point is not to dismiss this consideration for some pro-slavery figures at the time but to put those statements in a more historically grounded and accurate context. Continue reading “No, The Second Amendment Was Not Primarily About Suppressing African Americans” →

Environment

Weekend Photos: Random Forest Service Road

By Darren Smith, Weekend Contributor

While traveling on business I thought I would take a short trek up a random forest service road and snap a few photos before sunset.

The air was completely still and serenely quiet. When the temperature is as hot as it was that day, you can truly experience the scent of wood and of the woods, something I find enduringly relaxing.

Continue reading “Weekend Photos: Random Forest Service Road” →

Columns, Constitutional Law, Justice, Media, Politics

A “Slippery, Bootlicking A.G.”? The Media Goes Silent As Garland Adopts Previously Denounced Positions Of Barr

Below is my column in The Hill on the recent decisions of Attorney General Merrick Garland to support the prior positions taken by his predecessor, William Barr, on issues ranging from the Lafayette Park protests to immigration to withholding information related to the Mueller investigation. Positions that were once denounced by media and legal experts as raw partisanship have now been adopted by the Biden Administration with little acknowledgement from those same figures.

Here is the column:

Continue reading “A “Slippery, Bootlicking A.G.”? The Media Goes Silent As Garland Adopts Previously Denounced Positions Of Barr” →

Courts, Lawyering, Media, Politics

“Wholly-Owned Subsidiary of the Gun Lobby”: Newsom Attacks Federal Judge Who Ruled In Favor Of Gun Rights

Remember when networks and legal experts (correctly) denounced President Donald Trump for his attacks on judges who ruled against him? Two years ago, I ran a column noting that Democrats were adopting the same attacks on conservative judges but the media was entirely silent. Now, California Gov. Gavin Newsom and Democrats are lambasting a federal judge who ruled in favor of gun rights in a recent decision — accusing him of being in the pocket of the NRA and a danger to the country.  The response to Newsom’s attack from all of those same media and legal experts has ranged from outright support to conspicuous silence.

Continue reading ““Wholly-Owned Subsidiary of the Gun Lobby”: Newsom Attacks Federal Judge Who Ruled In Favor Of Gun Rights” →

Media, Politics

“Lingering Questions”: The Post Issues Bizarre Response To IG Report Debunking Its Past Claims

In 2016, Karen Tumulty wrote a column in the Washington Post titled “Trump: Never Wrong, Never Sorry, Never Responsible” that criticized Donald Trump as someone who refused “to take ownership of the outrageous things he has said and done.”  Tumulty’s column came to mind this week when the Washington Post faced a federal report that debunked literally dozens of Post articles on the clearing of the Lafayette Square area on June 1, 2020. The Interior Department’s Inspector General unambiguously refuted the claim that former Attorney General Bill Barr ordered the clearing to allow Trump to hold his controversial photo op in front of St. John’s Church. The Post (which proclaims that “Democracy Dies In Darkness”) shed little light on its own role in the fostering of this conspiracy theory. Continue reading ““Lingering Questions”: The Post Issues Bizarre Response To IG Report Debunking Its Past Claims” →

Free Speech, Media

Authors Facing Increasing Pressure To Retroactively Edit Their Work To Appease Critics

We have been discussing writers, editors, commentators, and academics who have embraced rising calls for censorship and speech controls, including book banning and blacklisting. That movement has now become retroactive. Authors are now being successfully pressured to remove lines from published books that are deemed objectionable by some readers. It appears that even speech that has published can be retroactively “corrected” under the threat of public accusation. Continue reading “Authors Facing Increasing Pressure To Retroactively Edit Their Work To Appease Critics” →

Congress, Media, Politics

Debunking The Photo Op Myth: Inspector General Investigation Refutes Media Account On The Clearing Of Lafayette Park

For over a year, there has been one fact that has been repeated in literally thousands of news stories: former Attorney General Bill Barr ordered the clearing of Lafayette Park on June 1, 2020 to allow former President Donald Trump to hold his controversial photo op in front of St. John’s Church.  From the outset, there was ample reason to question the claim echoed across media outlets. As I noted in my testimony to Congress on the protest that month, the operation was clearly a response to days of violent and destructive protests.  Now the Inspector General has completed its investigation and the report debunks the conspiracy theory that the Lafayette Square area was cleared to make way for the Trump photo op.

Continue reading “Debunking The Photo Op Myth: Inspector General Investigation Refutes Media Account On The Clearing Of Lafayette Park” →

Academia, International

“Patriotism and Colonialism are Not Really Separable”: Oxford To Remove Queen’s Portrait From Common Room

This week, the cancel culture became a royal pain with the removal of the portrait of the Queen by Oxford students at Magdalen College because her image is threatening to some students and “represents recent colonial history.” The decision follows King’s College formally apologizing for sending out an email after the death of her husband, Prince Philip, which showed a picture of Philip opening university’s Maughan Library with the Queen in 2002. Continue reading ““Patriotism and Colonialism are Not Really Separable”: Oxford To Remove Queen’s Portrait From Common Room” →

Academia, Constitutional Law, Free Speech

“A Matter Of Public Concern”: Virginia Judge Orders Reinstatement of Teacher Who Criticized Gender Policy
YouTube screenshot

We recently discussed the case of Loudoun County teacher Byron “Tanner” Cross who was suspended for speaking against gender policies. In a major victory for the free speech rights of teachers, Twelfth Circuit Judge James E. Plowman ordered LCPS to restore Cross’ position as a physical education teacher at Leesburg Elementary School. In a letter, the court found a basis for a temporary injunction to allow Cross to return until Dec. 31 pending further orders of the court. Continue reading ““A Matter Of Public Concern”: Virginia Judge Orders Reinstatement of Teacher Who Criticized Gender Policy” →

Academia, Free Speech

“Either You Are Anti-Racist or Racist”: California Professor Put On Administrative Leave After Commenting On The Japanese Internment Camps

Last November, the Santa Barbara City College announced the selection of Joyce Coleman as the new vice president of the School of Extended Learning.  Now Coleman has been put on administrative leave due to a comment made about Japanese internment camps that was denounced as causing “great harm” to the Asian community. The action is particularly notable given Coleman’s own campaign against racism in education.  Coleman, who is African American, has been a prominent voice against racism in society and particularly in education.  She reportedly observed in March in a Zoom event that “There is no such thing as not being racist. Either you are anti-racist or racist.” As will come as no surprise to many on this blog, I believe that Coleman’s statement should be considered protected by free speech and academic freedom principles.  Continue reading ““Either You Are Anti-Racist or Racist”: California Professor Put On Administrative Leave After Commenting On The Japanese Internment Camps” →

Academia, Free Speech

Yale’s Belated Unease: University Issues “Disclaimer” Regarding Psychiatrist’s Racist and Violent Diatribe

We recently discussed the racist and violent remarks of New York psychiatrist Aruna Khilanani, who was featured by Yale Medical School. Khilanani launched into a tirade against white people and delivered such remarks as how she often thought of “unloading a revolver into the head of any white person that got in my way.” After weeks of intense criticism, Yale has added a disclaimer to the video. Continue reading “Yale’s Belated Unease: University Issues “Disclaimer” Regarding Psychiatrist’s Racist and Violent Diatribe” →

Free Speech, International

Spanish Politician Suspended On Twitter After Responding To Transgender Story With “A Man Cannot Get Pregnant”

The expanding censorship on social media platforms like Twitter and Facebook continue to be a major issue in the United States. However, the same debate is occurring in Europe despite a long erosion of free speech values. In Spain, a far-right politician was locked out by Twitter after saying “a man cannot get pregnant” because they have “no uterus or eggs.” Francisco José Contreras, deputy to Spain’s Vox Party, made the response to an article about a transgender male who the birth of a baby girl.  The remark was deemed hate speech by Twitter.

Continue reading “Spanish Politician Suspended On Twitter After Responding To Transgender Story With “A Man Cannot Get Pregnant”” →

Columns, Congress, Constitutional Law, Media, Politics

An Ideal Rule for the Age of Rage? Critics May Be Making the Best Argument For Keeping The Filibuster

Below is my column in the Hill on the future of the filibuster and why this may be the most credible period for the use of such a compromise-forcing rule. There have always been good-faith arguments against the use of such a rule as inhibiting democratic voting. After all, the rule blocks bare majority voting. However, with a razor-thin margin in both houses, the use of such a rule can help force greater dialogue and compromise in Congress, which most voters indicate that they want in polls. It now appears that Sen. Joe Manchin (D., W.V.) will block the federal voting rights legislation even without a filibuster. As a result he was attacked as a “not very bright” aider and abetter and “cowardly, power-hungry white guy” by the left. Sen. Dick Durbin’s press secretary on the Judiciary Committee even curiously declared that democracy should not be “in the hands of a man who lives in a house boat.” The furious response explains why Manchin has been one of just two Democrats willing to demand compromise. The Republicans have roughly the same number willing to push from that side. However, combined these senators are seeking bipartisan agendas in a deeply divided nation. Killing the filibuster will remove the key pressure to seek bipartisan approaches.

Here is the column:

Continue reading “An Ideal Rule for the Age of Rage? Critics May Be Making the Best Argument For Keeping The Filibuster” →

Bizarre, Media, Politics

The Cotton Controversy One Year Later: The Dark Anniversary of the Surrender of the New York Times

This week is the one-year anniversary of one of the lowest points in the history of modern American journalism. During the week of June 6, 2020, the New York Times forced out an opinion editor and apologized for publishing the editorial of Sen. Tom Cotton (R., Ark.) calling for the use of the troops to restore order in Washington after days of rioting around the White House.  While Congress would “call in the troops” six months later to quell the rioting at the Capitol on January 6th, New York Times reporters and columnists called the column historically inaccurate and politically inciteful. Reporters insisted that Cotton was even endangering them by suggesting the use of troops and insisted that the newspaper cannot feature people who advocate political violence. One year later, the New York Times published a column by an academic who has previously declared that there is nothing wrong with murdering conservatives and Republicans.

Continue reading “The Cotton Controversy One Year Later: The Dark Anniversary of the Surrender of the New York Times” →