Figures from Glenn Greenwald to Tucker Carlson have raised the recent posting by University of Chicago Professor Brian Leiter saying that military leaders should “depose” President Donald Trump and jail him. The posting was either a poor attempt at a coup or comedy. The real problem is that in today’s environment it was unclear and, worse yet, unremarkable. On Reddit, readers were directed to “Brian Leiter (UoC professor) calls for a military coup: “Trump should be deposed and jailed” Leiter removed the statement and blamed the lack of a sense of humor on those who objected. He was not calling for a coup d’état, just musing about the possibility of a coup d’état.
I will be speaking today at the CogX Conference today in England organized by the government’s Centre for Data Ethics and Innovation (CDEI). Unfortunately, due to the pandemic, I will be speaking virtually on facial recognition technology and privacy rights. That is a loss for me given the fact that London is one of my favorite places on Earth. (Postings will be delayed today due to the speech).
Dr. Mike Adams, a professor of sociology and criminology, has long been a lightning rod of controversy. In 2014, we discussed his prevailing in a lawsuit that alleged discrimination due to his conservative views. Now Adams has triggered a firestorm — and a petition for his removal — after an inflammatory tweet calling North Carolina a “slave state.” As will come as no surprise again on this blog, I am inclined to view this as a free speech matter that should be protected. However, the university is threatening possible action against Adams.
Continue reading “North Carolina Professor Triggers A Free Speech Fight Over Inflammatory Tweet”
I have often criticized the Trump Administration for its environmental policies from blocking climate control measures to rolling back on pollution regulations to developing pristine natural areas. The most recent change in hunting rules in Alaska however are truly disgusting. The Administration is finalizing rules to allow hunters in Alaska’s national preserves to shoot not just bears and wolves but their cubs and pups in their dens. The policy change is horrific for many of us who cherish the environment and particularly the Alaskan parks and preserves. Continue reading “Trump Administration Finalizing Rule To Allow Controversial Hunting Procedures In Alaskan Federal Lands”
Today we discussed the vow of the majority of the Minneapolis City Council to “dismantle” the police department as well as some historical comparisons to such radical actions. That effort was led in part by Minneapolis City Council President Lisa Bender who appeared today on CNN. When CNN’s Alisyn Camerota asked about those who are concerned about their personal safety, Bender said that such concerns “comes from a place of privilege” and that people are now experiencing the reality of life for African Americans. While not explored further by CNN, there is at least a possibility that the fear of a home intruder is not “coming from a place of privilege” but a place of self-preservation.
Below is an updated version of my column in The Hill newspaper on how the discussion of reforms following the killing of George Floyd has been increasingly overtaken by the most radical elements in politics and commentary. The atmosphere is strikingly similar for those familiar with history and specifically the course of the French Revolution. That image of reformists becoming reactionaries was particularly evident in New York Mayor Bill de Blasio being booed by a crowd calling for his resignation and the same response to Minneapolis Mayor Jacob Frey when he refused to commit to defunding and dismantling the police department. In Washington, Mayor Muriel Bowser ordered the square near the White House to be named “Black Lives Matter” Square with giant letters painted on the street. BLM however denounced it as a meaningless stunt and activists added ‘Defund the Police.” Bowser refused to answer multiple questions on whether she would remove the added words. To do so is to risk a scene like the ones in Minneapolis and New York.
As writers, editors, and politicians yield to extreme measures, they might want to consider the fate of those who sought to ride the radical wave of the French Revolution.
Here is the column: Continue reading “Revolution Redux? How A Movement For Reform Is Becoming A Platform For Radicalism”
We have often discussed how advocating for free speech often places us in troubling company. Those who are targeted for arrest are often the loudest and most obnoxious among us. Ace Burns is one of those people. Burns, 34, whose real name is Israel Burns,, is the self-proclaimed leader of the “FTP movement (which he defined in various ways including “Fire To Property”). Burns was taken into the police station after alluding to the possibility that the Diamond District in New York would be burned to the ground. It is a prototypical violent speech cases and, as many on this blog will not be surprised to read, I believe it raises a serious concern for free speech.
In a surprise move, the United States Attorneys Office in New York has invoked the Mutual Legal Assistance Treaty, or MLAT, to demand an interview with Prince Andrew, Duke of York, in relation to the investigation of Jeffrey Epstein’s history of sexual abuse. While Prince Andrew pledged to cooperate in every way, U.S. Attorney Geoffrey Berman insisted that he has not assisted in any way with the investigation. The use of the MLAT to subpoena the testimony of a Royal family member is nothing short of breathtaking as a development. The assumption was that any real criminal inquiry died with Epstein. That is clearly not the case.
My last column explored how the movement for reform after the death of George Floyd is being taken over by the most radical voices among politicians, activists, and commentators. The analogy to the French Revolution seems more and more apt by the hour. Last night, a veto proof majority on the Minneapolis City Counsel vowed to dismantle the Minneapolis Police Department as a “toxic” institution. What was dismissed by many in the media as simply rhetorical is now the official position of the city council of a major city with other such demands being made across the country.
Continue reading “Minneapolis City Council Vows To Dismantle The Police Department [Updated]”
Margaret Brennan just completed an interview with Attorney General Bill Barr on CBS Face the Nation. For days, the allegation from politicians, the press, protesters, and pundits has been that the Park was cleared for the purpose of the widely criticized photo op held by Trump in front of St. John’s Church. For example, in an uncorrected segment still up on the Internet, NPR declares “Peaceful Protesters Tear-Gassed To Clear Way For Trump Church Photo-Op.” (Tear gas was also not actually used as opposed to pepper spray — though that distinction is technical at best since pepper spray has much of the same impact on individuals even if it is based on capsicum). The photo op allegation continues to be repeated on the Internet despite various media reports debunking it. This morning Barr confirmed the details in those reports and offered some new details. Barr however continues to support the level of force used in the Park and the decision to go forward with the clearing of the Park
I have been writing about concerns over the current protests are impacting free speech and free press values. Those concerns are equally present in the arrest in Valdosta, Georgia a young woman protesting with a sign containing obscene language. Particularly at a time of legitimate anger and demands for reform after the killing of George Floyd, such arrests contravene core political speech by treating the content of the message as a matter of “disorderly conduct.”
Continue reading “Arrest Of Anti-Trump Protester In Georgia Raises Free Speech Concerns”
Buffalo police officers Robert McCabe and Aaron Torgalski has now been charged with second degree assault over an injury to a protester. The criminal charges and the call from Gov. Andrew Cuomo for them to be fired has triggered a mass resignation of the Buffalo Emergency Response Team. While Cuomo viewed the evidence as so clear to justify immediate termination, the two officers have a strong criminal defense under the statute. The officers are shown pushing back activist Martin Gugino, 75, who fell back and hit his head, suffering a very serious injury. The charge is second-degree assault. The video that prompted Cuomo’s call for termination is likely to be the strongest evidence for the defense, which will argue that there was no excess force used in the incident. A contrast can be drawn to the videotape of George Floyd were the excessive force is shockingly clear, as in this video. and this video as examples. There have been many other videos played at these protests that do strike me as excessive force against protesters, including the inexcusable attack on Australian journalists in Lafayette Park as well as others. There is no question that there is a serious injury in this case and there are allegations that the officers were not sufficiently responsive to the injury, the key to such prosecutions as the one in New York will be establishing the intent element.
Continue reading “Are The Criminal Charges Against The Buffalo Police Officers Excessive?”
We have been discussing the case of attorneys Colinford Mattis and Urooj Rahman, who are accused of throwing a Molotov cocktail into an occupied police vehicle in New York. The case could prove an early opportunity for the Trump Administration to reframe prosecutions as domestic terrorism. Earlier, some of us were surprised that U.S. District Judge Margo Brodie upheld the $250,000 bail determination of U.S. Magistrate Judge Steven Gold. Prosecutors presented evidence that they two attorneys were trying to distribute Molotov cocktails and suggested that Mattis did not appear rational. Now, the United States Court of Appeals for the Second Circuit has reversed Judge Brodie and the two attorneys are back in jail.
Continue reading “Two Attorneys Accused In Molotov Cocktail Attacks Are Back In Jail”
Lisa Page, the former FBI lawyer who resigned in the midst of the Russian investigation scandal, has been hired a NBC and MSNBC as a legal analyst. The move continues a trend started by CNN in hiring Trump critics, including officials terminated for misconduct, to offer legal analysis on the Trump Administration. We have previously discussed the use by CNN of figures like Andrew McCabe to give legal analysis despite his being referred for possible criminal charges by the Inspector General for repeatedly lying to federal investigators. The media appears intent on fulfilling the narrative of President Trump that it is overly biased and hostile in its analysis. Indeed, it now appears a marketing plan that has subsumed the journalistic mission.
Continue reading “Lisa Page Hired By NBC and MSNBC As Legal Analyst”
Below is my column in The Hill newspaper on the role of familiar groups like Antifa in the violence following the death of George Floyd. Attorney General Bill Barr acknowledged yesterday that there is a “witches’ brew” of groups fostering violations, including an anarchist group from the right. The anarchists on the left or right are opportunists who will strike at any time of unrest to seek the breakdown of order. While the number of Antifa arrests have been challenged as exaggerated, police are reporting a number of Antifa, radical left, and anarchist members arrested in various states. (here and here and here and here and here) These are groups that are all too familiar to some of us on college and university campus. While I have opposed efforts to declare Antifa a terrorist organization, the role of all of these groups in the recent violence should be a cautionary tale for academics and politicians alike in the tolerance shown for such anti-free speech movements. Many leaders and academics have denounced such groups on the right (some of which are also active in these riots), but notably have been more muted in condemning anti-fascist and left-anarchist groups.
Here is the column: