Goodyear Tire company is under fire this week for a listing of acceptable and unacceptable symbols or attire in the workplace. President Trump has railed against the inclusion of MAGA hats as “unacceptable” and called for a boycott. I do not agree. I think it is appropriate to ban political endorsements or symbols in a business but there is a legitimate concern over what is deemed “acceptable.” The touchstone of free speech protections is content neutrality and Goodyear appears to be enforcing a viewpoint preference. The question is whether, as a private business, it has an obligation to be neutral. Continue reading “Rubber Hits The Road: Goodyear Under Fire For Listing Of Unacceptable Symbols”
Where Shakespeare is credited in writing “Much To Do About Nothing,” the Senate may have achieved credit for writing “nothing about much.” It is remarkable about how comparably little can be said in 1000 pages. The Senate Intelligence Committee released report yesterday on its own Russian investigation. I have been plowing through the report but what was most striking thus far is how little really new material the Senate was able to uncover. Indeed, it notes that it did not even look into the basis for the claims of the Steele dossier, which was used and widely cited for the early allegations of collusion. One of the few notable points is that the Report states that Donald Trump’s 2016 presidential campaign chairman Paul Manafort worked closely with a known Russian intelligence officer and that he “represented a grave counterintelligence threat” due to that relationship with Konstantin Kilimnik. Yet, the Report is largely descriptive of known allegations with few concrete conclusions or original disclosures. It confirms and adds details on Russian interference with the election, but it does not materially add new information on key areas where some of us hoped the Committee could gain greater access.
Continue reading “Senate Intelligence Report Is Long On Pages And Short On Intelligence”
Iowa State University is embroiled in a controversy this week that involves two of the favorite subjects of this blog academic freedom and freedom of speech. At the center of the controversy is ISU English Professor Chloe Clark who issued a syllabus for her English 250 class that banned students from expressing opposing to Black Lives Matter, abortion, same sex marriage or other causes or groups. She warns students that they will be dismissed and “I take this seriously.” Iowa State has intervened after an outcry and forced Clark to remove the language.
Recently, I posted a criticism of Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, who ran a column with Professor Ryan Goodman encouraging Justice Department attorneys not to assist U.S. Attorney John Durham in his ongoing investigation (at least before the election) and dismissing the basis for the plea agreement reached with former FBI lawyer Kevin Clinesmith. Goodman argues that I was unfair to him and Weissmann in my posting and I wanted to respond. I did include a longer quote from the column to be sure that their point was better understood in context in an updated posting. However, in my view, the defense of this column only highlights the inherent bias that the original posting sought to address. Rather than append this long discussion at the end of the original column, I felt it deserved its own posting and consideration by readers. The discussion below is a response not just to Goodman’s tweets but their column.
I testified in the Senate about the erosion of free speech and rise of violence on our campuses and in our streets. Antifa and related groups have succeeded in advancing anti-free-speech agendas as students and faculty justify attacks on those with opposing views. An example of the growing intolerance can be found in an editorial at the Daily California by staff writer Khaled Alqahtani. The August 12th column calls for violent resistance and denounced notions of civility in the public debate over racial and economic justice.
We have previously discussed the growing list of microaggressive language deemed inappropriate at colleges and universities. From a free speech perspective, the concern is that this category of prescribed language is often ill-defined and subjective, including seating decisions or eye-contact. Mount Holyoke College’s Office of Diversity, Equity, and Inclusion just added new terms to this list with a guide on social media listing “fatphobic language” that will now be deemed microaggressive. The terms include such phrases as “I’m so bad for eating this” or “you have such a pretty face.”
Continue reading “Size-Inclusivity: Mount Holyoke Lists “Fatphobic” Microaggressions”
Below is my column in the Hill on the announced criminal plea by former FBI lawyer Kevin Clinesmith and the continued calls by Democratic leaders to end the John Durham investigation. This week I discussed the call of Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, for DOJ lawyers to refuse to help in the investigation despite his own conflict of interest. When the Clinesmith plea was announced, Weissmann proceeded to deride the charge and make spurious legal and factual claims about its basis. The Weissmann call for DOJ lawyers to hinder this investigation is unprofessional and unwarranted but hardly uncommon in this rage-filled environment.
Here is the column: Continue reading ““Gosh Almighty”: Democrats Call to End Durham Investigation Despite Proven Criminal Conduct”
This morning President Donald Trump just told Fox & Friends that he should go down as the “greatest environmental president” in history for signing the Great American Outdoors Act but he then proudly listed an array of rollbacks and attacks on environmental protections. If anything the President was understated in his damaging policies to the environment, including his opposition to efforts to deal with greenhouse gases and climate change. What made this statement the most glaring for many of us is that this morning the Wall Street Journal disclosed that Trump is likely to open up the pristine Arctic refuge area to drilling — an act of breathtaking loss to our natural park and wild refuge areas.
There was a curious moment this weekend when a member of Congress, Rep. Bill Pascrell (D., N.J.) called upon New Jersey Attorney General Gurbir Grewal to use a grand jury to investigate criminal charges against President Donald Trump and U.S. Postmaster General Louis DeJoy for “the subversion” of the upcoming election. From a Madisonian perspective, a member of Congress calling for a grand jury to investigate wrongdoing by a federal agency is like a NASA calling up NOAA to explore Mars. Pascrell is a sitting member in a house, controlled by his own party, with the constitutional authority of oversight over the postal service. Our system of separation of powers commits this question to the political branches rather than criminalizing political disputes.
I recently wrote a column discussing how Democratic leaders, including Vice President Joe Biden, have argued against continuing the investigation by U.S. Attorney John Durham despite growing evidence of misconduct by Justice Department officials and now the first guilty plea by former FBI lawyer Kevin Clinesmith. Now, Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, has derided the Clinesmith plea while actually calling on Justice Department attorneys to refuse to help on ongoing investigations that could implicate aspects of his own prior work. [Update: I have include a longer quote from the column by the two authors and I have written another posting to address objections raised by Professor Goodman.]
Three years ago, I wrote a column questioning the constitutional and practical effect of gun control reforms pushed through after the Las Vegas massacre, including limits on the capacity of magazines. The moves were being oversold in the media as reforms that would make such attacks less likely or deadly while also ignoring the constitutional standard for the review of such measures. Now, one of those reforms, California’s ban on high-capacity gun magazines, has been struck down by a panel on the United States Court of Appeals for the Ninth Circuit. Notably, the magazine laws were one of the most promising areas of gun control laws after the Court’s 2008 decisions in District of Columbia v. Heller. Indeed, while I doubted its efficacy, I thought that limits on magazines could potentially pass constitutional muster under Heller with a properly crafted and supported law.
Continue reading “The Ninth Circuit Strikes Down California’s Ban On High-Capacity Magazines”
We have previously discussed allegations against FBI lawyer Kevin Clinesmith who played a key role in maintaining the secret surveillance of Trump campaign advisers in the Russian Investigation, including the falsification of a filing to the secret court. U.S. Attorney John Durham who is investigating the matter, has announced that Clinesmith will now plead guilty to making a false statement. The implications of this criminal plea is enormous but the media has engaged in a pattern of willful blindness to mounting evidence of wrongdoing in the Russian investigation by FBI and DOJ figures. Continue reading “FBI Lawyer In Russian Investigation To Plead Guilty For False Statement”
The media is alight today after the publication of a piece in Newsweek by Chapman University Professor John C. Eastman that raised the question of whether Sen. Kamala Harris is a citizen and eligible to be Vice President. She is. The courts have long recognized that individuals born in the United States are citizens under the Fourteenth Amendment. In fairness to Professor Eastman and Newsweek, this has been a debate that has been raised during prior elections over candidates ranging from Chester Arthur to Barack Obama to John McCain. Continue reading “Yes, Kamala Harris Is Eligible For Vice President”
This morning I will be addressing our incoming class of law students, an honor that I have enjoyed for almost two decades. This term, our orientation like our classes, will be virtual. However, we are all committed to making the best of it.
Postings today will be delayed due to the speech. Continue reading “Turley Speaks To Incoming GW Class”
A bizarre case has unfolded in Texas where Judge Alexandra Smoots-Thomas has been charged with shooting at the girlfriend of her husband. Smoots-Thomas was previously suspended after allegations that she spent campaign funds on jewelry, luxury items, her mortgage payments, and other personal expenses. The case could raise some novel defenses.
Continue reading “Texas Judge Charged With Shooting At Husband’s Girlfriend In Driveway Standoff”