Politics, Society, Supreme Court

Gallup Poll: Voters Do Not Support Claims Of A “Packed” Supreme Court

We have been discussing the recent talking point emerging from the Biden campaign and Democratic leaders on court packing. While continuing to refuse to state their position on packing the Supreme Court to create an ideological majority, various Democratic figures have been calling the nomination of Amy Coney Barrett (and all of the Trump nominees) a form of court packing. A recent Gallup poll found only 32 percent of voters thought that the Supreme Court was dominated by conservatives. Continue reading “Gallup Poll: Voters Do Not Support Claims Of A “Packed” Supreme Court” →

Academia, Constitutional Law, Politics

Tinkering With Free Speech: Federal Court Rules Against Louisiana High School After Painting Over Student’s Trump Mural

Many of us in the free speech community have long complained that the 1969 case of Tinker v. Des Moines Independent Community School District is often dismissed in cases addressing the free speech rights of students. The famous decision declared that students “do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Yet, courts have regularly curtailed free speech rights in deference to school officials maintaining discipline and order in their schools, even in the regulation of speech outside of schools. One rare victory emerged this week in Louisiana where a federal judge ruled that Superintendent Frances Varnado and Washington Parish School District board violated the rights of a high school senior by painting over his mural of President Donald Trump. U.S. District Judge Eldon Fallon relied on Tinker and declared the mural to be protected political speech.

Continue reading “Tinkering With Free Speech: Federal Court Rules Against Louisiana High School After Painting Over Student’s Trump Mural” →

Columns, Politics, Supreme Court

The Truman Show Election: How The Public Is Left In The Dark Pending The Election

Below is my column in The Hill newspaper on the array of issues that now appear to be on hold pending the outcome of the election. This weekend former Vice President Joe Biden went so far as to say that voters do not “deserve” to know his position on packing the Court, reaffirming that voters must wait until after they elect him for an answer.  It has a familiar ring for those who watched the movie The Truman Show. 

Here is the column:

Continue reading “The Truman Show Election: How The Public Is Left In The Dark Pending The Election” →

Congress, Constitutional Law, Lawyering, Media

No, Barrett Should Not Recuse Herself From Any Election Challenge

Minority Leaders Chuck Schumer and various commentators have called for Amy Coney Barrett to recuse herself from any decision on the 2020 general election. There is no reason for such a recusal, which would be unprecedented in these circumstances.  Moreover, it would establish a dangerous precedent of nominees securing their positions by promising results or positions if confirmed by the Senate. Continue reading “No, Barrett Should Not Recuse Herself From Any Election Challenge” →

Bizarre, Criminal law, Religion, Society

Louisiana Priest Arrested In “Demonic” Act With Two Women On Church Altar
Rev. Travis Clark, 37, has been arrested with two women, Mindy Dixon, 41, and Melissa Cheng, 23, after an alleged sex act on the altar of his church.  New Orleans Archbishop Gregory Aymond said that the tryst at Saints Peter and Paul Roman Catholic Church was “demonic” and has ordered the altar removed and burned. If true, this was an act of utter depravity and a terrible desecration of this church, but the prosecution could raise some challenging issues under the Constitution.
Travel Blog

A Visit To The Glenstone

This weekend, my family and I visited the Glenstone Museum in Potomac, Maryland. I am embarrassed to say that, despite living in Washington for much of my life, I have never been to this extraordinary art museum. Funded by billionaire Mitchell Rales and curated by Emily Wei Rales, the museum is an amazing blending of art, natural landscape, and architecture.  The result is one of the most beautiful and unique spaces in the world.  You can stroll through the exquisite buildings which are as impressive as the art that they contain.  The galleries are surrounded by trails through gorgeous forests on over 200 acres. I strongly encourage anyone in the area to make a reservation and visit the museum (which is about 30 minutes outside of Washington). Continue reading “A Visit To The Glenstone” →

Bizarre, Criminal law, Justice, Politics

Whitmer Lashes Out At Barr Over Kidnapping Plot Despite The FBI Uncovering The Plot And The DOJ Prosecuting The Plotters

Michigan Gov. Gretchen Whitmer was the target this month of a plot of extremists to kidnap her and storm the state capitol.  After the arrests of the primary suspects, Whitmer lashed about at President Donald Trump for failing to condemn right wing violence. That is certainly a common criticism. However, Whitmer also attacked Attorney General Bill Barr and suggested that he knew about the plot.  It was a curious attack since the FBI uncovered the plot and the DOJ is prosecuting the plot. There is no indication that the DOJ was delaying action. To the contrary, it acted to thwart the plot and protect Whitmer.  The other question is why would Barr lie about his knowledge?  To what logical end? He was not asked about any threats but specifically if he knew about signs and statements made a protest in Lansing, Michigan in June — a protest that was under state, not federal, jurisdiction.

Continue reading “Whitmer Lashes Out At Barr Over Kidnapping Plot Despite The FBI Uncovering The Plot And The DOJ Prosecuting The Plotters” →

Society

What Will Our Words Today Afford Us In Five Years: Blessings or Discord?

By Darren Smith, Weekend Contributor

I thought this week I would share with you an important life-lesson I experienced decades ago. What will the words we express today afford us or others five years in the future? This is how I learned then the virtue of good teaching and how I’ve come to realize in the strife of much of today’s discourse that sowing discord is the antithesis of prosperity.

In my case it was a simple lesson that had a profound outcome.

 

Continue reading “What Will Our Words Today Afford Us In Five Years: Blessings or Discord?” →

Bizarre, Criminal law, International

More Trick Than Treat: Yakuza Barred From Handing Out Halloween Treats This Year In Japan

As the kids in my neighborhood can tell you, I tend to follow Oscar Wilde’s rule that nothing succeeds as much as excess . . . at least when it comes to Halloween.  After two weeks, our extensive graveyard and haunted house is now complete. We are however waiting word on whether we will be allowed to give out candy in Virginia or end up like the hapless Yakuza in the Hyogo Prefecture in western Japan. The Japanese mob has been banned from handing out treats at Halloween.

Continue reading “More Trick Than Treat: Yakuza Barred From Handing Out Halloween Treats This Year In Japan” →

Academia, Free Speech, Media, Politics, Society

Texas Professor Triggers Free Speech Fight After Calling For The Death Of All Police By Strangulation with the “Intestines of the Last Capitalist”

Midwestern State University in Texas Professor Nathan Jun has triggered a free speech fight in Texas after a series of unhinged, hateful statements on social media. Wearing an Antifa teeshirt on social media, Jun has lashed out at police, capitalists, and politicians.  His views are extreme and offensive. They are also, in my view, entirely protected. Much like the banning of Louis Farrakhan discussed yesterday, Jun is the test of our true commitment to free speech. By supporting this right to speak, we support the right of everyone, including the vast majority who view Jun’s comments as deeply unsettling and obnoxious. Continue reading “Texas Professor Triggers Free Speech Fight After Calling For The Death Of All Police By Strangulation with the “Intestines of the Last Capitalist”” →

Free Speech, Media

Res Ipsa Hits 45,000,000

crowd vj dayThis morning, we passed the 45,000,000 mark in views on the blog. The blog continues to grow with new regular commenters and a growing international readership. The continued growth is due primarily to our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. We continue to rank with the top legal blogs in the world. As always, I want to offer special thanks for Darren Smith who has continued to help manage the blog and help out folks who encounter posting problems.

So here is our current profile:

Continue reading “Res Ipsa Hits 45,000,000” →

Bizarre, Criminal law, Politics, Society, Torts

A Sign of Our Times: Police Search For Culprit In Booby Trapped Trump Sign

Police in Michigan are looking for the person responsible for a booby-trapped Trump-Pence sign that cut a worker who was removing it because it was too close to the road. The worker required 13 stitches. In torts, we cover a long line of cases involving “snare guns” and “man traps” going back centuries. This case presents an ironic twist under that precedent. Continue reading “A Sign of Our Times: Police Search For Culprit In Booby Trapped Trump Sign” →

Free Speech, International, Society

YouTube Reportedly Shuts Down Farrakhan And The Nation Of Islam

As many on this blog know, I have been a long and vocal critic of Louis Farrakhan, who regularly espouses racist and antisemitic views.  Coming from Chicago, I have criticized Farrakhan for years, including recent posts.  Nevertheless, the move by YouTube to remove the video channel of the Nation of Islam is in my view another example of private censorship of speech on the Internet.  Many of us have denounced Farrakhan, but censorship begins with the most unpopular and obnoxious among us.  This action places the Internet on the slippery slope where more and more speech is likely to be banned as offensive or hateful. Continue reading “YouTube Reportedly Shuts Down Farrakhan And The Nation Of Islam” →

Constitutional Law, Criminal law, Free Speech

No Friend of the Court: Federal Judge Dismisses Lawsuit Challenging Arrest For Warning “Cops Ahead” In Connecticut
ACLU of Connecticut

In Connecticut, U.S. District Judge Alfred V. Covello has dismissed a free speech challenge that could have sweeping implications for protests against police operations or policies. Michael Friend was arrested in 2018 after he held up a sign warning motorists “Cops Ahead.” The police were looking for distracted drivers in Stamford. Covello ruled that Friend did not have a free speech right in making such a protest. As will likely surprise few on this blog, I disagree. Covello’s decision dismisses the obvious political and social viewpoints reflected in Friend’s protest. Under this standard, a wide variety of speech could be curtailed as inimical to police operations.

Continue reading “No Friend of the Court: Federal Judge Dismisses Lawsuit Challenging Arrest For Warning “Cops Ahead” In Connecticut” →

Congress

Virtual Anxiety: Klobuchar Rejects Use Of Virtual Testimony For Barrett Hearing Because There Is “No Back and Forth”

It seems as if people have gone virtually insane in this election year over remote testimony.  We recently discussed the absurd excuse cited by former FBI Deputy Director Andrew McCabe that he would not appear for testimony to answer questions about his alleged misconduct in the Russian investigation due to fears for his health. He then however refused to appear virtually despite the earlier remote testimony of his former superiors James Comey and Sally Yates. Now, Sen. Amy Klobuchar (D., Minn.), who once enthusiastically supported the use of “hybrid hearings,” has declared that remote testimony is entirely unacceptable because there is no ability to have exchanges with witnesses in a virtual space.  The objection to the use of a hybrid hearing for Barrett is now part of a wider campaign, but it is based on a clearly false premise. While such bizarre statements would have once risked being called a lunatic or a Luddite, it has produced little media scrutiny or commentary.

Continue reading “Virtual Anxiety: Klobuchar Rejects Use Of Virtual Testimony For Barrett Hearing Because There Is “No Back and Forth”” →