Criminal law

Pro-Life Father Acquitted in Trial Over Abortion Clinic Confrontation
Thomas More Society

Mark Houck, 48, was acquitted yesterday in a high-profile prosecution by the Biden Administration under the Freedom of Access to Clinic Entrances (FACE) Act.  Houck was accused of pushing a Planned Parenthood escort during a clash outside an abortion clinic. It is a rare victory for Houck and the Thomas More Society (which represented Houck) under the act. Houck insisted that he was trying to protect his twelve-year-old son in the encounters with Love. There is also an interesting wrinkle in the jury deliberations. Continue reading “Pro-Life Father Acquitted in Trial Over Abortion Clinic Confrontation” →

Uncategorized

Res Ipsa Hits 67,000,000

crowd vj dayLast night, Res Ipsa passed the 67,000,000 mark in views on the blog. We have used these moments to give thanks for our many regular readers around the world and share our traffic data to give you an idea of the current profile of readers around the world. We do not have a running data page so these periodic postings allow our community to see the traffic profile of our blog. So let’s get at it. Continue reading “Res Ipsa Hits 67,000,000” →

Academia, Criminal law, Politics

Does the “Word of a Biden” Extend to the Biden Delaware Documents?

Below is my column in the New York Post on the pledge of transparency by President Joe Biden in the classified documents scandal. Yesterday, President Biden assured the public that it could take “the word of a Biden” on their bright future. That would be more reassuring if he would fulfill his pledge to be “very transparent” on his storage of documents from his time as senator and vice president.

Here is the column:

Continue reading “Does the “Word of a Biden” Extend to the Biden Delaware Documents?” →

Academia, Free Speech

“Racism Interruptor”: Court Rules for Professor Blocked from Twitter Page for Posting “All Men Are Created Equal”

There is an interesting case out of Oregon where Judge Marco Hernández has ruled for a Portland State University Professor Bruce Gilley who was excluded from a Diversity Twitter page by the Communication Manager of the Division of Equity and Inclusion at the University of Oregon. (The manager is identified as “tova stabin” who the court notes “spells her name with all lowercase letters.”). Stabin has now left the school. The court rejects a critical motion to dismiss and said that Gilley has raised sufficient evidence to go to trial after stabin blocked Gilley for responding to a tweet with “all men are created equal.” Continue reading ““Racism Interruptor”: Court Rules for Professor Blocked from Twitter Page for Posting “All Men Are Created Equal”” →

Columns, Criminal law

The Nichols Tapes and Their Impact on the Prosecution of the Former Memphis Officers

Below is my column on the release of the videotapes in the Nichols case and what they suggest about the prosecution of the five officers accused of murder. This is the longer version of the column that ran in the New York Post.

Here is the column: Continue reading “The Nichols Tapes and Their Impact on the Prosecution of the Former Memphis Officers” →

Academia, Criminal law

“I Water You, You Water Me”: High School Assistant Principal Under Fire for Raising Money to Pay Off Coyote
Uncategorized

The Pelosi Tapes: The Video of the October Attack Shows New Details and Refute Sensational Theories

Screen grab from bodycam video following the alleged assault on Paul Pelosi by David DePape in San Francisco on Oct. 28, 2022.


It is a common lament that news today moves at a Nascar pace. With social media, reactions are immediate and can be wrong. It also fuels conspiracy theories on incomplete facts. That was the case with Paul Pelosi. Various sites pushed a theory that Pelosi knew his attacker David DePape and may have actually been in a romantic relationship. Others suggested that there was no danger or emergency when police first arrived at the Pelosi residence. Both claims were shattered by this videotape and offer yet another cautionary tale of the viral claims that can take hold in early coverage. Continue reading “The Pelosi Tapes: The Video of the October Attack Shows New Details and Refute Sensational Theories” →

Constitutional Law, Courts, Free Speech

Masterpiece Cakeshop Loses Appeal Over Gender Transition Cake

Jack Phillip, the Colorado baker who brought the challenge in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission has again lost an appeal in Colorado state court. After the Supreme Court effectively punted on the issue of his free speech and free exercise challenges to the Colorado Anti-Discrimination Act (“CADA”), which protects against the denial of service in a place of public accommodation based on one’s identity. After the 2018 decision, Phillip faced additional demands including the creation of a gender transitioning cake. The Colorado Court of Appeals ruled on Thursday that the refusal to make the cake requested by Autumn Scardina did not constitute free speech. Continue reading “Masterpiece Cakeshop Loses Appeal Over Gender Transition Cake” →

Bizarre, Media

And Then They Came For “The”: Associated Press Warns Use of the Article Can Be “Dehumanizing”

The Associated Press has announced that the article “the” should be avoided in many circumstances because it is “dehumanizing.” It warns writers to avoid saying offensive things like “the French”. It does not seem that we can even just add an x like Latinx. It is not a gender thing so “thx” will not suffice. It is now an article of faith to stop using the article “the” in referencing groups.  It is reminiscent of Winston Churchill who was chastised for ending a sentence with a preposition. He responded by showing the artificiality of avoiding an ending preposition: “This is the type of arrant pedantry up with which I will not put.”

Continue reading “And Then They Came For “The”: Associated Press Warns Use of the Article Can Be “Dehumanizing”” →

Academia, Bizarre, International

“Tragedy … Might be Triggering”: British Universities Add Warnings for Greek and Shakespearean Plays

The problem with universities overwhelmingly controlled by faculty on the left is that there are few to offer a dose of reality or rationality. Left to their own devices, some faculty seem to search for new ways to demonstrate woke priorities. British universities have long been ridiculed for policies controlling speech or symbols. Now, The Telegraph is reporting that British universities are adding trigger warnings to Greek and Shakespearean tragedies to protect students from being triggered by tragedy. Indeed, there are now warnings on other classics for everything from “ableism” to “depictions of rural life.”

Continue reading ““Tragedy … Might be Triggering”: British Universities Add Warnings for Greek and Shakespearean Plays” →

Constitutional Law, Courts, Free Speech

Court Enjoins California’s Bar on Doctors Giving “False Information” on Covid

With the recent passage of AB 2098, California took a highly controversial step in barring doctors from offering “false information” on Covid-19 and related subjects. The law is an extension of Democratic efforts to block  or censor “misinformation” and “disinformation” in society from social media to medicine. However, this effort involves direct government action. As will come as little surprise to many on this blog, I opposed the measure as unconstitutionally vague and a threat to free speech. Nevertheless, Judge Fred Slaughter (C.D. Cal.) in McDonald v. Lawson held that this statute was likely constitutional and rejected a motion for a preliminary injunction. Now, however Judge William Shubb (E.D. Cal.) has reached the opposite conclusion in Hoeg v. Newsom, granting an injunction. Continue reading “Court Enjoins California’s Bar on Doctors Giving “False Information” on Covid” →

Academia, Free Speech

“We are the Faculty”: Hamline Professors Demand President’s Resignation After Abandoning Due Process and Academic Freedom

We previously discussed the action of Hamline University not to renew the contract of an art professor, Erika Prater, who showed an image of Muhammad as part of an arts class. The action was an affront to both free speech and academic freedom.  Prater has sued. In the meantime, the faculty has voted 72-12 to condemn the action and demand that Hamline President Fayneese Miller resign. With the exception of the 12 faculty dissenters, it is a relatively rare demonstration of academic courage in standing up to an anti-free speech mob. They are correct. Miller should resign immediately based on what we already know about this scandal. Continue reading ““We are the Faculty”: Hamline Professors Demand President’s Resignation After Abandoning Due Process and Academic Freedom” →

Academia, Free Speech

Creighton University Bars Gun Rights Advocates from Showing Images of Guns on Campus
Creighton University is under fire this week after it told students that they could not continue to use posters or handouts that featured guns. In an email (below), Sarah Giacomini, assistant director for programming and student organizations, declared that “we will not allow any images of guns to be used.” Given students who want to advocate for Second Amendment rights, the ban is akin to telling pro-choice students that they cannot show pictures of morning-after pills or telling pot legalization advocates that cannot show pictures of joints. Creighton is insisting that you can advocate for gun rights so long as you do not actually show an image of a gun. Continue reading “Creighton University Bars Gun Rights Advocates from Showing Images of Guns on Campus” →
Politics

Welcome to Hotel California: Lawmakers Move to Tax People Who Have Left the State

California lawmakers appear intent on making the Eagles song Hotel California a reality … at least when it comes to taxes for those who try to flee the state. At the Hotel California, “you can check-out any time you like, but you can never leave!” With soaring costs and a massive $24 billion deficit, the state is also facing an exodus of people leaving the state. The solution? Convert the state into a tax Venus flytrap: not only impose a wealth tax on those caught in the state but tax those who try to leave. Continue reading “Welcome to Hotel California: Lawmakers Move to Tax People Who Have Left the State” →

Free Speech, International, Military, Politics

Turkey Blocks Sweden from Joining NATO Due to Sweden’s Free Speech Protections

Flag of TurkeyTurkish President Recep Tayyip Erdogan has long been one of the most anti-free speech leaders in the world, particularly demanding the censorship and the arrest of those who insult Islam. Now Erdogan is blocking Sweden from NATO membership because it refuses to curtail free speech. It is a tragically ironic moment for an alliance based on what were viewed as shared Western values. It is now held hostage by one of the most authoritarian leaders in the world. Continue reading “Turkey Blocks Sweden from Joining NATO Due to Sweden’s Free Speech Protections” →

Res ipsa loquitur – The thing itself speaks