Leading Chinese Law Professor Arrested After Criticizing The Communist Regime

300px-National_Emblem_of_the_People's_Republic_of_China_(2).svgMany years ago, I had the pleasure of speaking at Tsinghua University, considered one of the best educational institutions in China.  I was impressed as faculty at the university struggled to remain intellectually active under the repressive controls of the Communist regime. It is a perilous existence as academics fear that they will write anything that annoys the government.  Now, one of the best known law professors in China, Xu Zhangrun, has been arrested.  Xu predicted the crackdown after he recently wrote a piece criticizing the government’s response to the coronavirus.  His colleagues have been forced into silence at the risk of their own arrest. The arrest comes at a time when many are concerned about the loss of free speech in this country, not by the government but private companies and universities. I have chastised faculty around the country for their silence in the face of the increasing intolerance for opposing views on campuses and actions against professors raising dissenting views of the current protests.  Indeed, many have joined in the call for such punitive measures. Xu is an example of the courage that academics in places like China have shown in the face of imminent threats to their liberty and even their lives.

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Jefferson Descendant Calls For Removal Of Jefferson Memorial

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NPS.gov

We have previously discussed the destruction of statues and the refusal of mobs to allow society as a whole to decide what statues should be removed.  That debate is now occurring though the destruction has continued often with little comment, let alone action from universities or local governments. This includes the Columbus statue in Little Italy in Baltimore which was torn down and thrown into the harbor with no action from the police. In an opinion piece published in The New York Times, Lucian K Truscott IV, has called for the tearing down of the Thomas Jefferson memorial. As a descendant of the former President, his call has attracted considerable attention.  At the same time, leaders like Sen. Tammy Duckworth (R., IL.), a leading candidate to be the vice presidential candidate with former Vice President Joe Biden, has said that she is open to the idea of tearing down the statue to George Washington. There are also recent demands to remove the statues of Abraham Lincoln.

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Proving the Unprovable: The White House Ties Itself Into A Statistical Knot Over Covid-19 Harm

donald_trump_president-elect_portrait_croppedThe problem with never admitting a mistake as President is that it requires others to defend it no matter how indefensible.  That is the problem with declaring that “99 percent” of U.S. coronavirus cases are “totally harmless”  is that statistics are tricky things that often demand actual proof.  Mark Twain once said “facts are stubborn things, but statistics are pliable,” just not this pliable.  Rather than just admit that the President overstated this point, the White House proceeded to try to prove the unprovable with predictably ridiculous results. Even the President’s top health advisers refused to support the statement. It is another example of the expenditure of unnecessary energy and focus to avoid admitting a mistake.  One can still maintain that most people exposed to this virus show mild or no symptoms without dying on this statistical hill (with graphs that actually show that the statistical claim is wrong).

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The Myth Of The Boston Tea Party

Boston_Tea_Party_Currier_coloredBelow is my column in The Hill on the increasingly common rationalization that looting and property damage is a long-standing tradition first embraced by the Sons of Liberty in the Boston Tea Party.  That historical analogy was very popular in the days before the Fourth of July.  A professor made the comparison on CNN on the Fourth.  The view is widely raised in universities like the column in the University of Arizona’s Daily Wildcat newspaper declaring “The Boston Tea Party was when we first saw looting as a form of protest in America. White people acting out in anger is literally celebrated in our history books.”  Likewise, at the University of Dayton last week, a column stated “There is something to be said when our White founders destroying British property in the Boston Tea Party is glorified in every textbook, but burning down a Target for the rights of African Americans to simply breathe is damned in the media.”

It is a revisionist historical argument that is as convenient as it is wrong.  While the Framers would have supported the vast majority of protesters who engaged in peaceful demonstrations for reform and racial equality, the Sons of Liberty would have been the first to denounce the concept of wanton property destruction or looting as a means for social change.

Here is the column:

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“White Lives Don’t Matter”: Cambridge Defends Professor After Inflammatory Tweets

300px-University_of_Cambridge_coat_of_arms_official_version.svgThere is a controversy raging at the University of Cambridge after English professor Priyamvada Gopal posted a June 23rd tweet that “White Lives Don’t Matter.” Thousands signed a petition to have Gopal fired but the university has correctly stood by her free speech rights. The question should not be whether Gopal is fired, but the virtual certainty that she would have been fired in many universities if she made the same comment about other races.  As a blog focusing on free speech, we have repeatedly discussed the investigation and termination of professors for controversial statements on social media. The greatest concern is the lack of any consistent or coherent protection of free speech in universities.  Free speech dies with doubt as to what will be the subject of toleration and what will be the subject of termination. That is why bright line rules are maintained by courts in this field that specifically bar content-based viewpoint discrimination from the government.

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Wisconsin Man Faces Federal Extortion Charge For Demanding Money, Food, and Booze From Businesses

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I previously wrote about my concern with the prosecution of rioters for arson under federal rather than state law.  Now a new case about of Wisconsin further shows the federalization of these crimes with seemingly no interstate elements.  Devonere Johnson, 28, has been charged with extortion after he went into Cooper’s Tavern near the state Capitol building with a megaphone and a bat to demand money and free food and booze in the name of Black Lives Matters. There is no question that his conduct was worthy of a criminal charge but the federal charges again raise concerns over federalism and state police powers.

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“Don’t Let Them Vaccinate You”: Farrakhan Warns Africans That Dr. Fauci Is Trying To Kill Them

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It is bad enough when you become a political rally cry for the right as a man trying to destroy our economy or instill fear into the nation.  Now, Dr. Anthony Fauci is being called a mass murderer who, with the cabal of Bill and Melinda Gates, are seeking to “depopulate the Earth.” That is hardly the most deranged thing that Nation of Islam leader Louis Farrakhan, 87, has uttered, but it may be the most dangerous. Farrakhan is encouraging people to refuse vaccinations, a problem that is already causing world health leaders concerns in Africa.  This is viewed as the new “epicenter” for the pandemic with Africans facing a threat with the need to protect hundreds of millions of Africans.  Health officials will need their cooperation but they have now heard from Farrakhan who has declared that, if they want to live, “Do not take their medication.”

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Driver Using “Autopilot” Technology Criminally Charged After Collision

By Darren Smith, Weekend Contributor

A driver reportedly relying on the “Autopilot” function of a vehicle was cited for driving with criminal negligence after his passenger car struck a legally standing police patrol car. Though anecdotal, I believe this incident demonstrates what I believe to be a legal fatal flaw in the foundational concept for vehicles equipped with autonomous navigation and driving technology–that they can cause either the “driver” or vehicle owner into criminal liability for essentially the passive act of allowing the car control over the journey.

Ars Technica reported this most recent collision where a Massachusetts driver was cited for driving with criminal negligence after his autonomously operating vehicle crashed into the rear end of a patrol car on a traffic stop. Though the officer was outside his SUV at the time of the collision, he suffered minor injuries when his patrol car was pushed forward into the stopped vehicle. State Troopers said the driver of the colliding vehicle was “not paying attention”. The mechanics of the collision showed the officer was lucky to have escaped death.

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HAPPY FOURTH OF JULY!

2560px-Declaration_of_Independence_(1819),_by_John_TrumbullThe Fourth is one of my favorite holidays as a time when citizens should put aside our differences and focus on the freedoms that unite us.  After weeks of protests and calls for reform, there is much that must be done to heal this country.  However, the American Republic was always meant to be a work in progress.  We have the ability to change our society but our constitutional system remains the greatest vehicle of justice and equality in the world.  This holiday unfortunately shows how our differences threaten to overwhelm our common article of faith in this representative democracy. There is more than unites us than divides us and this holiday is a reminder of that transcendent fact. Many of us will join today to celebrate these United States and its history and values.  My family will celebrate with a cookout and, of course, lots and lots of fireworks. Continue reading “HAPPY FOURTH OF JULY!”

“The Movement Is Winning”: Alleged Ringleader In Statue Attacks Claims Victory In Public Comments

download-5We have been discussing the case of Jason Charter, the George Washington University student who is alleged by the government to be the “ringleader” of the attack on the statue of Andrew Jackson near the White House. He is also accused of participating in the destruction of the statue of Confederate leader Albert Pike in Washington on June 19th.  This case raises some difficult questions over the admissibility of his political views. However, he may be making that issue easier (and harming his case) with continued comments on an unverified Tweeter account where he continues to support Antifa and claim victory.  The public comments raise the possibility of an effort to trigger a politically-infused case like the “Chicago Eight” prosecution after the 1968 Democratic National Convention.  These comments have greater value in rallying supporters than building a defense.

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Elderly Florida Man Charged With Committing Aggravated Battery On Elderly Man To Maintain Social Distancing

images-1There is a truly bizarre criminal case out of South Beach in Miami.  Nachem Gross, 72, is charged with aggravated battery for an attack on Gerald Steiglitz, 86, in an elevator.  Putting aside the fact that both are elderly, the battery was an effort of Gross to maintain social distancing to avoid Covid-19.  The incident was caught on video. The world has gone completely mad.

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“I’ma Stab You”: Connecticut Woman Fired Over Pro-Black Lives Matter TikTok Video

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We have been discussing the free speech issues raised by efforts to terminate professors who criticize the Black Live Matter Movement or aspects of the protests following the killing of George Floyd.  However, there is another such controversy with the inverse fact pattern.  Claira Janover has been fired as an “incoming government and public business service analyst” at Deloitte after posting a video that suggested that she would stab people who said “all lives matter.”  Yesterday, we discussed a dean at the University of Massachusetts who says that she was fired for using such a line in an email. Ironically, Janover shows the same intolerance for anyone with an opposing view, but the case still raises some of the same free speech issues that we have previously discussed, including the punishment of individuals for their social media postings.

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GWU Student Accused Of Leading Attack On Jackson Statue [Updated]

Federal prosecutors have charged Jason Charter who is believed to be the alleged ringleader involved in vandalizing the statue of former President Andrew JacksonWe recently discussed the release of photos of suspects by the FBI of individuals connected to the attack on the statue of Andrew Jackson outside of the White House. One of those arrested is Jason Charter who is described as the “ringleader.”  He is also a George Washington University student and a professed supporter of Antifa.  Charter is likely to be a priority prosecution for the Administration. However, his criminal case could raise some challenging issues on admissibility of evidence of his affiliations and political views.

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Epstein Confidante Maxwell Arrested In New Hampshire [Updated]

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Epstein and Maxwell (SDNY)

In a surprising move, Ghislaine Maxwell, the British heiress and confidante to the late financier Jeffrey Epstein, has been arrested in New Hampshire. Maxwell’s arrest  could have a ripple effect on both criminal and civil matters ranging from the still uncertain status of Prince Andrew to a number of defamation lawsuits.  One of Maxwell’s principal accuser was Virginia Roberts Giuffre who has filed lawsuits against Maxwell as well as figures like Harvard Professor Alan Dershowitz.  It appears that the charges derive from the U.S. Attorney for the Southern District of New York, another indication that the recent controversy of the replacement of the U.S. Attorney has not impacted underlying investigations.

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University of Massachusetts Nursing Dean Fired After Saying “Everyone’s Life Matters” [Updated]

downloadWe have been discussing the growing fear of professors and students over the loss of free speech on campuses for years, but recently those concerns have been greatly magnified with the investigation or termination of professors for expressing opposing views about police abuse, Black Lives Matter movement or aspects of the protests following the killing of George Floyd.  There is a sense of a new orthodoxy that does not allow for dissenting voices as campaigns are launched to fire faculty who are denounced as insensitive or even racist for such criticism.  The most recent controversy involves the recently installed University of Massachusetts-Lowell Dean of Nursing Leslie Neal-Boylan. Dr. Neal-Boylan had only been in her position for a few months when she was fired.  The reason, according to many reports, is that she sent an email on June 2 to the Solomont School of Nursing on the recent anti-racism demonstrations across the country that include the words “everyone’s life matters.” As a blog dedicated to free speech, it has been difficult to keep up with the rising number of cases of the curtailment of speech or academic freedom on our campuses.  What is equally alarming is the relative silence of most faculty members as individual professors are publicly denounced by their universities, forced into retirement, or outright terminated for expressing dissenting views.  This case however raises an equally serious concern over the loss of due process for academics who find themselves the focus of a campaign for removal — or simply summary dismissal.

I reached out to the University and updated the column with the response, which does not clarify most of these questions but suggests that the Dean may have been terminated for other reasons.  I have also reached out to Dr. Neal-Boylan for a response on both the cause and merits for her termination.

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Res ipsa loquitur – The thing itself speaks