Constitutional Law, Courts, Media, Politics, Society, Supreme Court

Unpacked and Undivided: Is The Court Sending A Message With A Litany Of 9-0 Decisions?
Fred Schilling, Collection of the Supreme Court

Today the Supreme Court issued two more unanimous decisions in Garland v. Dai and United States v. Cooley.  This follow two unanimous decisions last week.  The weekly display of unanimity is notable given the calls by Democratic leaders to pack the Court. Yesterday, I wrote about how the heavy-handed campaigns might backfire with the justices. As we await important and likely divided decisions on issues like abortion, Chief Justice John Roberts and his colleagues seem to be sending a message that the Court is not so rigidly ideological as Democratic members and activists suggest. Continue reading “Unpacked and Undivided: Is The Court Sending A Message With A Litany Of 9-0 Decisions?” →

Constitutional Law, Courts, Supreme Court

As The Supreme Court Prepares For Major Rulings, Sen. Blumenthal Issues Warning To Conservative Justices Of “Seismic” Changes If They Rule The Wrong Way

I have previously criticized Sen. Richard Blumenthal, D-Conn., for his almost unrivaled advocacy of censorship and speech controls. Blumenthal previously threatened social media companies not to “backslide” in censoring opposing views.  Now, Blumenthal is taking up the cudgel of court packing with not so subtle threats to conservative justices that, if they do not vote with their liberal colleagues, the Court may be fundamentally altered.  He is not alone in such reckless and coercive rhetoric.

Continue reading “As The Supreme Court Prepares For Major Rulings, Sen. Blumenthal Issues Warning To Conservative Justices Of “Seismic” Changes If They Rule The Wrong Way” →

Military

Happy Memorial Day

Happy Memorial Day to everyone and a thanks to all of those who have sacrificed for our nation.  On this day, I often think of my late father, Jack Turley, who served in the Pacific in the Navy during World War II.  My grandfather Ed Turley served in World War I with the Fighting Irish out of New York and New Jersey. I hope everyone has a chance to spend time with their families and friends today. Continue reading “Happy Memorial Day” →

Academia, Columns, Constitutional Law, Courts, Society, Supreme Court

Will Eliminating Standard Tests Really Reduce Racial Disparities In Education?

Below is my column in The Hill newspaper on the announcement that the University of California will now join the “test-blind” movement and end the use of the SAT and ACT in its admissions decisions. Some have called for the change to increase diversity in the schools, particularly after California voters refused to change the long ban on affirmative action in education under state law.

Here is the column:

Continue reading “Will Eliminating Standard Tests Really Reduce Racial Disparities In Education?” →

Academia, Bizarre, Media, Politics

Lafayette Park and The Tear Gas Controversy: A Response To Professor Steve Vladeck

For over a year, I have written and testified about the investigation of what really occurred in the clearing of the Lafayette Park. Much of this debate has focused on the motive behind the federal operation. University of Texas professor and CNN contributor Steve Vladeck is one of those who insisted publicly that Barr ordered federal officers “to forcibly clear protestors in Lafayette Park to achieve a photo op for Trump.”  After I discussed new developments in court over the protests yesterday, Vladeck lashed out to accuse me of being one of Trump’s defenders and a “tear gas” denier in the Lafayette Park controversy.  Since that tweet got traction with some on social media, I wanted to lay out the actual facts on the tear gas controversy. Continue reading “Lafayette Park and The Tear Gas Controversy: A Response To Professor Steve Vladeck” →

International, Politics, Religion

No Raki For You: Erdogan Cracks Down On Liquor Sales In Latest Play For Religious Votes

The authoritarian rule of Turkey’s President Recep Tayyip Erdogan has always been sobering for civil libertarians but this is ridiculous. After destroying civil liberties, the free speech and secularism, Erdogan remains unpopular with many inside Turkey and most people outside of Turkey. Facing an upcoming election, Erdogan has decided to play the Islamic card again and cracked down on liquor sales. It is the latest proof that he lied when he originally pledged to respect the secular traditions established by Mustafa Kemal Ataturk that made Turkey unique in the Muslim world.  Indeed, Ataturk was known as someone who was a heavy drinker in his time.  Ataturk would drink a liter of raki (shown here), the Turkish national liquor, a day (which explains why he died at 57 years old from a chronic liver disease).

Continue reading “No Raki For You: Erdogan Cracks Down On Liquor Sales In Latest Play For Religious Votes” →

Academia, Constitutional Law, Free Speech, Politics, Religion

“It’s Lying to a Child”: Virginia Teacher Suspended After Opposing Pronoun Policy
YouTube screenshot

We recently discussed a meeting of the Loudoun County school board in which a teacher launched into a diatribe against classic works like To Kill A Mockingbird as racist. Now another teacher is the focus of a national debate after he spoke to the school board. However, teacher Byron “Tanner” Cross has been suspended for speaking against gender policies. Continue reading ““It’s Lying to a Child”: Virginia Teacher Suspended After Opposing Pronoun Policy” →

Academia, Free Speech

Duck Hunt? University of Oregon Announces Policy On Monitoring Student Social Media and Off-Campus Statements

We have been discussing the expanding monitoring and sanctioning of teachers for their political commentary on social media.  We have also discussed such actions taken against college, high school and grade school students. The Supreme Court is due to consider the issue in Mahanoy Area School District v. B.L.,  a case involving high school students punished for off-campus activities.  Now, the Board of Trustees at the University of Oregon have approved a vague policy that mandates the monitoring of the social media exchanges and other “conduct” of its students.  For the “Ducks” of Oregon, it could be difficult to judge what language could be deemed disruptive to anyone on campus under the rule.

Continue reading “Duck Hunt? University of Oregon Announces Policy On Monitoring Student Social Media and Off-Campus Statements” →

Media, Politics, Society

Hunter Biden Is Back In The News. . . So The Media Goes Again For The Scoop

It seems like whenever Hunter Biden is in the news, the Biden staff screams, the media screams, “we all scream for ice cream.” On October 19, 2020, the Biden campaign and its protective cocoon of media faced the discovery of Hunter’s presumed laptop with details of his (and his uncle’s) influence peddling while Joe Biden was Vice President. The solution? Joe Biden went for ice cream and the media peppered him with questions about his confectionary choice (Spoiler: he ordered a two-scoop chocolate and vanilla combo) Then they went away.

Now, Hunter is back in the news as new emails surfaced that directly contradict what Joe Biden has said to those every same reporters. Biden and the media seemed to make a beeline for the nearest ice cream shop. It turns out that now Biden now prefers . . . (wait for it). . . chocolate chip. Continue reading “Hunter Biden Is Back In The News. . . So The Media Goes Again For The Scoop” →

Media, Politics, Science

“Please Don’t Write About It”: New York Times Science Reporter Declares Lab Leak Theory “Racist”

Despite recent reports raising questions over whether Covid-19 originated in a the Wuhan virology lab and Dr. Fauci admitting that the leak theory was possible (and worth investigating), the science and health reporter for the New York Times declared yesterday that the theory was “racist.” Even Facebook has announced that it is willing to allow users to discuss the theory and underlying evidence. When the tweets triggered an outcry, Apoorva Mandavilli deleted the tweets and, when asked by a Fox reporter for a comment, added “please don’t write” about her controversy.

Continue reading ““Please Don’t Write About It”: New York Times Science Reporter Declares Lab Leak Theory “Racist”” →

Academia, Constitutional Law, Free Speech

Rutgers Law Students Require All Student Groups To Hold Critical Race Theory Or Diversity Programs

We recently discussed the controversy at Rutgers Law School over the reading of the “n-word” from a state supreme court opinion.  Now there is a potentially serious conflict brewing over the right of the student government to demand that all student groups hold at least one event featuring critical race theory or diversity issues. The requirement (for any group receiving more than $250) presents some interesting questions in the conflict between free speech and diversity programs at such schools. Continue reading “Rutgers Law Students Require All Student Groups To Hold Critical Race Theory Or Diversity Programs” →

Courts, International

Italian Court Fined For “Playing Down Gender-Based Violence”

There is an interesting decision out of the European Court of Human Rights. The court fined an Italian court for “playing down gender-based violence” in a ruling on a gang rape case. The ECHR objected to references to the alleged victim’s sexuality, behavior, and the color of her underwear. Continue reading “Italian Court Fined For “Playing Down Gender-Based Violence”” →

Columns, Free Speech, Politics

Facebook: People Will Now Be Allowed To Discuss Whether Covid-19 Originated In Wuhan Lab

Read that headline a couple times. There was a time when such a headline would only appear on The Onion, but it is true. Facebook has long banned anyone who discussed the evidence that a worldwide pandemic killing millions and destroying the global economy may have been released from a government lab in Wuhan, China. Facebook would not allow the theory to be discussed as “debunked” despite widespread criticism that Facebook was, again, engaging in corporate censorship. The false claim that this theory was “debunked” was pushed by various media platforms as part of the criticism of then President Donald Trump and his Administration. Now however Dr. Anthony Fauci and others have acknowledged that there is a basis to suspect the lab as the origin of the outbreak. So now Facebook will allow you to talk about it. Continue reading “Facebook: People Will Now Be Allowed To Discuss Whether Covid-19 Originated In Wuhan Lab” →

Columns, Society, Torts

Dr. Fauci Emerges As An Unlikely Witness For Trump In The “China Flu” Case

Below is my column in The Hill newspaper on the statement of Dr. Anthony Fauci and others that the origin of Covid-19 could well have been the virology lab in Wuhan, China. The increasing recognition of that theory could make a recent lawsuit against former President Donald Trump more of an opportunity than a liability. Indeed, Trump’s counsel may secretly want the flawed complaint by the Chinese American Civil Rights Coalition to survive standing and other threshold challenges in order to secure a ruling on the use of terms like the “China flu.”

Here is the column:

Continue reading “Dr. Fauci Emerges As An Unlikely Witness For Trump In The “China Flu” Case” →

Res ipsa loquitur – The thing itself speaks