Bizarre, Constitutional Law, Free Speech, International

“Deadnaming”: British Woman Arrested For Referring To Transgender Activist By Her Prior Gender

I have been a long critic of the hate crime laws in Great Britain which has devastated free speech protections with regular criminal charges against people deemed to be insulting or harassing to others. One case highlights how such speech codes have turned courts into micromanagers of manners and language used by citizens in public. It began with a mother, Kate Scottow (left), being arrested in front of her children for the crime of referring to a transgender woman as a man online. The alleged victim, transgender activist Stephanie Hayden, has now charged that she is being denied free speech after being accused of trolling on the Internet.

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Constitutional Law, Free Speech, International, Uncategorized

The U.S. Bars Entry To Founder Of The BDS Movement

We have previously discussed the decision to bar certain travelers from the United States based on their political views or associations. I have long opposed such orders as inimical to free speech and counterproductive for the country as a whole. The latest example of this policy is the barring of Omar Barghouti, the co-founder of the boycott, divestment, and sanctions movement. According to NPR, the Palestinian activist was prevented from entering to speak to various groups who wanted to hear from him. The government prevented that as well as his desire to attend his daughter’s wedding.

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Constitutional Law, Criminal law, Free Speech, International, Media, Politics

AND SO IT BEGINS . . . ASSANGE ARRESTED

On Thursday, British authorities arrested WikiLeaks founder Julian Assange at the Ecuadorian embassy in London after Ecuador abandoned its long-standing commitment to protect Assange from a coordinated effort of the United States and a variety of other countries as intelligence organizations. American intelligence has long demanded the prosecution of Assange who disclosed controversial military operations in the United States. The arrest will now trigger litigation over the status of Assange. Was he acting as a journalist, a whistleblower, a spy, or a dupe?

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Bizarre, Torts

The Astros’ Orbit Cuts Down Woman With Tee-Shirt “Bazooka”

I am in Houston today and this story caught my eye on the way to Utah (which appears a much safer place in the absence of roaming, battery-causing mascots). Yes, we have another mascot-related sports torts case. Jennifer Harughty alleges the Astros mascot Orbit “shattered” her finger during a July 2018 game in Houston when she was hit by a flying tee-shirt fired from a “bazooka style” cannon. It is an all-too familiar claim as fans find themselves on the wrong end of a mascot projectile. She is suing for $1 million.

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Academia, Constitutional Law, Media, Politics

Turley To Speak At Utah Valley University

I have the pleasure of speaking today and tomorrow at Utah Valley University in Orem, Utah. I will be speaking on Wednesday on “A Crisis of Faith: How Trump Has Changed Journalism in America.” The speech will explore the history and evolution of American journalism as well as the challenges presented in the last two years. While I have been critical of President Donald Trump over his attacks on the media, I also believe that American media has become more partisan and biased in its coverage. The speech will look at the changing standards and economics governing journalism in America.

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Bizarre

Totally Bananas: Company Given Copyright Injunction Over Banana Costume

We have yet another controversy over our ever-expanding copyright and trademark ruling. The United States Court of Appeals for the Third Circuit is looking at a copyright injunction issued to stop a company, Kangaroo Manufacturing, from selling certain costumes including a large banana.

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International, Politics

Report: Trump Appoints 14 Inauguration Donors To Ambassadorships

Literally for decades, I have written about the continued and disgraceful use of ambassador positions to reward campaign donors and friends of sittings presidents. While most countries properly confine ambassadors to professional diplomatics and government officials, the United States routinely appoints embarrassing individuals who have no cognitive skills or talents for the positions. Now a  NBC news report  shows that President Donald Trump has followed this poor practice in giving ambassadorships to at least 14 donors to the inaugural fund. It is a pay to play arrangement that is not only legal but steadfastly defended by both parties who effectively sell these positions to the continued irritation of our allies.

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Academia, Free Speech

Turley And Waldron To Debate Hate Speech At Rice University

Hate speech and the First Amendment in focus at Rice April 9

'Hate Speech and the First Amendment'

I will be participating in a long-planned debate over the banning or criminalization of hate speech in the United States. I will be debate NYU Professor Jeremy Waldron, one of the leading proponents of new speech regulations. He is the author if The Harm in Hate Speech (Harvard University Press, 2012). The debate will be held on Tuesday, April 9th at Rice University in Houston.

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Columns, Congress, Criminal law, Politics

Goose Meets Gander: Why Congress Should Include Its Own Tax and Travel Records In The Push For Disclosure

Below is my column in the Hill newspaper on the congressional push for past tax filings of President Donald Trump as well as investigations in the travel of Administration figures. I do not disagree with such public scrutiny, but Congress has conspicuously ignored past calls for the same transparency of its own practices and records.

Here is the column:

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Columns, Congress, Constitutional Law, Courts, Politics

Unpacking The Court: Democrats Seek Expansion For The Wrong Reason And In The Wrong Way

Below is my column in the Los Angeles Times on the calls by various Democrats to “pack” the Supreme Court to break the conservative majority. Like the FDR scheme, it is a case of doing the right thing for the wrong reason and in the wrong way. As a longtime advocate of expansion (here and here and here and here), the column advocates an alternative approach — not to pack but to unpack the Court. While my approach has been criticized by justices who oppose any expansion, it would address some of the most dysfunctional aspects of the Court.

Here is the column:

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Bizarre, Lawyering

Prominent New York Lawyer Suspended For Bizarre Conduct

A prominent real estate lawyer who once described himself in a column as “jungle street skills and a passion for justice” has been suspended for bizarre and abusive conduct. Adam Leitman Bailey told a tenant that he should commit suicide as a worthless human being and even declared “now you’re my bitch.”  The problem is that the tenant recorded the call.

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Bizarre, Congress, Criminal law

Cohen Makes Wimpy Offer To Congress To Gladly Pay Later For A Delay Today

Michael Cohen seemed to morph into J. Wellington Wimpy this week when he asked for yet another delay in going to jail. Wimpy famously promised “I’ll gladly pay you Tuesday for a hamburger today.” Cohen is promising the same after declaring that he has suddenly discovered 14 million new files with evidence, including the promise of possible damaging information on President Trump. However, he explains, it will take him time to work through the material. Notably, the discovery seems to have occurred one month before he was to report to prison — one month almost to the day.

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Columns, Congress, Criminal law, Lawyering

Rod Rosenstein’s Deepening Ethical Quandary

Below is my column in the Hill newspaper on an overlooked issue from the letter of Attorney General Bill Barr to Congress on the Special Counsel report. Whatever happens to the allegations and evidence facing President Trump, there remains the question of what to do with Deputy Attorney General Rod Rosenstein.

Here is the column:

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Bizarre, Free Speech

California Woman Is Fired After Verbally Assaulting Elderly Trump Supporter At Starbucks

We have previously discussed the issue of when it is appropriate to punishment people for conduct outside of the work place. We have followed cases where people have been fired after boorish or insulting conduct once their names and employers are made known. (here andhere and here and here and here).  There is another such case out of California with a twist. Rebecca Mankey created a scene at a Starbucks by screaming at s 74-year-old man wearing a “Make American Great Again” hat in support of President Trump. Mankey posted the instant and said that she wanted to get him kicked out of every club and make his life a living hell. Instead, she was fired by her own employer for her rude and intolerant conduct.

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