Columns, Constitutional Law, Free Speech, Supreme Court

Supreme Court Rules 8-1 for Cheerleader in Mahonoy Case In Major Victory for Free Speech

For those seeking to portray the Supreme Court as, to use President Joe Biden’s words, “out of whack,” the Court itself continued to disappoint critics this week with another major and nearly unanimous decision in the long-awaited decision in Mahonoy v. B.L. While many of us in the free speech community hoped for a bright-line decision protecting student speech, the decision sharply rebuts the sweeping claims of schools (from high schools to universities) of authority to monitor and punish off-campus speech.  What is striking about the language is that the Court secures near unanimous decision by limiting the reach of the decision. Continue reading “Supreme Court Rules 8-1 for Cheerleader in Mahonoy Case In Major Victory for Free Speech” →

Congress, Constitutional Law, Courts, Media, Politics

Court Dismisses BLM Lawsuit Against Federal Agencies Over Lafayette Park Protests

We recently discussed the Inspector General report on the Lafayette Park protests and the debunking of claims that the federal government and specifically Attorney General Bill Barr cleared the area for the controversial photo op of President Donald Trump in front of St. John’s Church. For a year, legal and media experts have stated as fact that area was cleared for that purpose and that Barr was lying about the federal agencies using tear gas as opposed to pepper balls (even though the legal and practical difference is largely immaterial). Some tried to keep the myth alive by criticism the IG report and its scope. Now, federal judge Dabney L. Friedrich has dismissed the lawsuit by the ACLU and Black Lives Matter as based on unsupported and unsubstantiated claims against the federal agencies. Ironically, the court allowed the lawsuit against the MPD under Mayor Muriel Bowser to continue. The Bowser Administration admitted recently that it used tear gas near the park on that night and that such use was perfectly reasonable. Both the Bowser and Biden Administrations sought to dismiss the BLM lawsuit as unfounded and unsupportable — a striking departure from what Bowser has stated publicly. Continue reading “Court Dismisses BLM Lawsuit Against Federal Agencies Over Lafayette Park Protests” →

Media, Torts

Former Cub Ben Zobrist Sues Former Pastor For Sleeping With His Wife and Stealing Money

There are just some legal controversies that hit all of my buttons.  As a diehard Cubs fans (and the fan personally responsible for breaking the Billy Goat curse before the World Series in 2016), the lawsuit from former Cub and World Series MVP Ben Zobrist brings together the Cubs and torts.  It also happens to be really quite interesting in seeking tortious liability. Continue reading “Former Cub Ben Zobrist Sues Former Pastor For Sleeping With His Wife and Stealing Money” →

Constitutional Law, Society

“Educate Yourself”: Seattle Human Rights Commission Dismisses Complaint Over Requiring Whites To Pay “Reparations Fees” For Pride Event

There is a controversy in Seattle over plans for a pride event to charge people more based on their race. The Seattle Human Rights Commission is under fire this week after sending a letter dismissing a complaint over the announcement that the Taking B(l)ack Pride on June 26th would charge White entrants a “reparations” fee. The Commission told Charlette LeFevre and Philip Lipson of Capitol Hill Pride that they needed to “educate” themselves and consider the harm that they would cause by being participants in the event.  Update: While the response of the Commission caused outrage from many, Lipson and LeFevre quickly apologized for even raising the issue.

Continue reading ““Educate Yourself”: Seattle Human Rights Commission Dismisses Complaint Over Requiring Whites To Pay “Reparations Fees” For Pride Event” →

Bizarre, Criminal law, Lawyering

A Fool For A Lawyer: Double Murder Defendant Represents Himself Into Rapid Conviction
YouTube Screenshot

It is often said that “He who represents himself has a fool for a client.” That adage was most evident this week in Florida as Ronnie Oneal III represented himself into a rapid double murder conviction. Judge Michelle Sisco reportedly told Oneal “I have to tell you, I think in another lifetime, you would have been an outstanding lawyer.” However, it was hard to discern that natural talent after Oneal yelled at jurors in his opening statement and went on to confess in open court to murder.  In fairness to Sisco, she was trying again to convince Oneal to accept counsel, particularly as he moves into the sentencing phrase where he could be sentenced to death.

Continue reading “A Fool For A Lawyer: Double Murder Defendant Represents Himself Into Rapid Conviction” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

Biden’s Bad Run: Is The Biden Administration Doing Worse Than The Trump Administration In The Courts?

Below is my column in the Hill on the growing number of losses by the Biden Administration in courts around the country, including a particularly embarrassing loss before the United States Supreme Court. What is notable is that such losses in the early days of the Trump Administration led to coverage declaring a war on the “rule of law” and even indications of authoritarianism. The Biden losses have received little coverage despite what could be a worst record in the early days of his Administration. The fact is that such adverse decisions are not uncommon as Administrations try to fast track changes. However, the Biden Administration has actually had some very serious losses, including some which are being appealed. Yet, many previously outspoken legal experts have either blamed conservative judges  or simply ignored the losses all together. It is a continuation of an interesting pattern where Democrats are adopting the very rationales that they once denounced.

Here is the column: Continue reading “Biden’s Bad Run: Is The Biden Administration Doing Worse Than The Trump Administration In The Courts?” →

Academia, Criminal law, Media, Politics

“Your Unethical Nature”: Northwestern Journalism Professor Trashes Columnist For Waiting For The Facts On Police Shooting

There is an interesting conflict playing out on the pages of the Chicago Tribune over the coverage of killing of Adam Toledo.  We previously discussed the shooting of Toledo after police responded to a shooting and the suspension of a prosecutor who noted that Toledo was armed. In a June 18 column,  Tribune columnist Eric Zorn defended his coverage in April that it “was still too soon to draw conclusions.” He specifically responded to Steven Thrasher, the Daniel H. Renberg Chair of social justice in reporting at Northwestern, who trashed him for his circumspection and insisted he was excusing the murder of a child and it’s ‘never too early’ to think they are worthy of murder.”  Thrasher’s view of ethical journalism was on display in Fort Lauderdale this week when its mayor declared that a tragic accident involving an elderly driver was an act of murder and terrorism by anti-LGBT forces. He also believed that it is never too soon to declare murder.

Continue reading ““Your Unethical Nature”: Northwestern Journalism Professor Trashes Columnist For Waiting For The Facts On Police Shooting” →

Courts, Justice, Lawyering, Politics

New Emails Show Unsuccessful and Unrelenting Pressure on Barr and Rosen from Trump to Intervene in the Election

Newly released emails show the pressure brought by the White House on both former Attorney General Bill Barr and his brief successor, acting Attorney General Jeffrey Rosen, to intervene in the 2020 election.  Both Barr and Rosen refused to intervene and pushed aside numerous efforts to arrange meetings with Trump counsel and to file federal complaints.  What is astonishing is the degree to which these pressures continued in the brief period in which Rosen served as acting Attorney General in the final days of the Administration. Continue reading “New Emails Show Unsuccessful and Unrelenting Pressure on Barr and Rosen from Trump to Intervene in the Election” →

Columns, Constitutional Law, Media, Politics

E Pluribus Unum: The Supreme Court Continues to Defy and Debunk its Critics

Below is my column in USA Today on the remarkably united and non-ideological line of cases handed down by the Supreme Court.  As Democratic leaders demand to pack the Court to create a liberal majority, the Court itself appears to be speaking through these cases.

Here is the column:

Continue reading “E Pluribus Unum: The Supreme Court Continues to Defy and Debunk its Critics” →

Environment, Hikes

Father’s Day With Mother Nature On The Billy Goat Trail

I did my customary dawn hike this morning on Billy Goat Trail and it was like walking through a Monet with a heavy fog over the river and rocks.  It was truly enchanting.  I hope all of our fathers have a great time today.  We started our celebrations early last night (and watched the movie “Eddie the Eagle”) and will continue today.  Leslie is making me one of my favorite Pasta Carbonara (with pancetta) dishes with tonight. Continue reading “Father’s Day With Mother Nature On The Billy Goat Trail” →

Academia, Animals, Free Speech

Not in Front of the Shih Tzu: Professors Call for Hate Speech Protections to be Extended to Animals (Updated)

Two professors at the University of Sheffield have published a piece in the Oxford Journal of Legal Studies to extend hate speech protections to animals to deal with hateful “speciesist” remarks. Drs. Josh Milburn and Alasdair Cochrane insist that such protections will help achieve a “more benign human–animal relations within society.”  The need for speech criminalization is based on the view that “some animals do seem to have their social confidence eroded because of their awareness of the risk of violence.”

 

Continue reading “Not in Front of the Shih Tzu: Professors Call for Hate Speech Protections to be Extended to Animals (Updated)” →

Congress, Courts, Media, Politics, Supreme Court

Will The Senate Democrats Now Apologize To Justice Barrett?

During the confirmation hearings of now Justice Amy Coney Barrett, I repeatedly objected to the clearly false narrative that she was nominated to vote to strike down the Affordable Care Act in the pending case of California v. Texas. The case was highly unlikely to result in such a decision and the Democrats knew it. The case was  focused on a highly technical and limited issues of severability. It would either be resolved on that limited basis or dismissed for standing. While Barrett might view the ACA as unconstitutional (as many do), I noted that she was more likely to dismiss the challenge or sever the individual mandate than to strike down the Act in the case. That is what she did in joined the 7-2 decision to dismiss the case. Continue reading “Will The Senate Democrats Now Apologize To Justice Barrett?” →

Criminal law, Politics

The McCloskeys Plead Guilty To Minor Misdemeanors in Conclusion of St. Louis Protest Case
YouTube Screenshot

A year ago, we discussed the charges against Mark and Patricia McCloskey of St. Louis after their armed standoff with protesters.  I was highly skeptical of the charges brought by Circuit Attorney Kim Gardner, who was later removed from the case due to ethical concerns. Now, the couple has been allowed to plead to two minor misdemeanors in the conclusion of a highly politicized case.

Continue reading “The McCloskeys Plead Guilty To Minor Misdemeanors in Conclusion of St. Louis Protest Case” →

Academia, Media, Society

“Just Blind Chance”: The Rising Call For “Random Selection” For College Admissions

Random selection is not generally an approach that most people opt for in the selection of doctors or even restaurants or a movie. However, it appears to be the new model for some in higher education. Former Barnard College mathematics professor Cathy O’Neil has written a column calling for “random selection” of all college graduates to guarantee racial diversity. It is ever so simple: “Never mind optional standardized tests. If you show interest, your name goes in a big hat.” She is not the only one arguing for blind or random admissions. Continue reading ““Just Blind Chance”: The Rising Call For “Random Selection” For College Admissions” →

Columns, Congress, Constitutional Law, Criminal law, Media

The Leak Investigation: If We Want To Protect Journalists, We First Need To Define Them

Below is my column in USA Today on the controversy involving the acquisition of metadata evidence on members of Congress and the media in the leak investigation launched during the Trump Administration. We recently discussed the questionable reporting by the New York Times concerning the lead prosecutor, but far more serious questions remain if we are going to reach any resolution on protecting journalists, including the question of what is a journalist.

Here is the column:

Continue reading “The Leak Investigation: If We Want To Protect Journalists, We First Need To Define Them” →