I recently wrote about the growing controversy over Halloween costumes on campuses and beyond over allegations of cultural appropriation. Various colleges have cracked down on costumes deemed inappropriate or insulting or culturally appropriating. There is little consideration of the free speech concerns over such regulations or the differing views of cultural appropriations theories. There is little question that many of these costumes are insulting and inappropriate. The question is the role of universities in policing good taste and punishing those students who fail to meet often ambiguous standards. The latest such controversy of students facing discipline can be found at the College of Charleston where members of the softball team cross the line of the Halloween etiquette.
I have previously written about the mutually assured destruction that could await the two parties if they pursue alleged false statements related to the Kavanaugh confirmation hearings. Now, however, Senate Judiciary Committee Chairman Chuck Grassley referred a new possible target for indictment to the Justice Department and this referral could prove a strong case for such an indictment. My objections in the prior column concerned difficulty in proving intentional false statements over the description of habits or incidents occurring decades earlier. However, the letter from Grassley details alleged admissions from Judy Munro-Leighton that she knowingly lied in claiming to be a previously identified “Jane Doe” and to have been raped repeatedly by Kavanaugh in the backseat of a car.
By Darren Smith, Weekend Contributor
“Without Speed there can be no thrill.”
Freedom comes in many forms. Its essence it engenders the liberty to seek and achieve what we crave and value. A society that fosters and encourages freedom retains for itself the rewards of innovation and happiness. Freedom is not limited merely to abstracts enumerated on paper such as statutes and constitutional promises of control of government. It is the willingness of a government and a society to permit itself the natural rights we retain, that we may pursue our own goals.
I present for you a perspective on freedom, the freedom to seek thrills and challenges in the form of high speed motorcycle racing.
Continue reading “Anecdotes of Freedom: The Isle of Man TT Races”
By Darren Smith, Weekend Contributor
After six years of closure due to the conflict of civil War, the Syrian Arab Republic’s Ministry of Culture announced the reopening of its national museum. The institution presents welcomed news not only in a sign of normalization within civilian life in Damascus, but a reversal of years of wanton destruction by iconoclastic jihadists and thefts by opportunists claiming spoils of war.
This past Sunday featured a symposium hosted by internationally recognized archaeologists and the arrangement of showcases presented to the general public. The re-opening followed a years long campaign against ISIS and other jihadists plaguing the vicinity of the capital.
Continue reading “Syrian National Museum in Damascus Reopens”
As many of you know, I have a particular interest in early mugshots and I recently came about this mugshot of “Harry Crawford” who turned out to be a woman named Eugenia Falleni. In one of the first well-known transgender cases in history, the New Zealand case was dubbed the “man-woman” murderer in 1913. Continue reading “Meet Eugenia Falleni (AKA Harry Crawford) — Murderer (1913)”
Many of us were critical of President Donald Trump’s statement that he told U.S. soldiers to shoot migrants who throw stones. It took little time for authoritarian figures to latch on to the statement. Nigeria’s army played the video of Trump to justify its shooting of protesters resulting in as many as 49 deaths. In the meantime, National Security adviser John Bolton gave a speech in which he praised Jair Bolsonaro, Brazil’s new president, as a “like-minded” leader. The incident is reminiscent of Trump’s praise for Philippine President Rodrigo Duterte who is an international pariah for his orders to police to murder drug suspects and his bragging about his own killings. Bolsonaro is a notorious figure who is a demonstrated racist, sexist, and homophobe who praises military dictatorship as well as torture. He also said that he would prefer his son be dead then gay.
As we have discussed over the last couple days, President Donald Trump’s pledge to end birthright citizenship by an executive order has caused a firestorm. Where President Donald Trump is wrong is to claim the ability to end birthright citizenship for undocumented individuals through an executive order. The column below in USA Today explains that Trump would lose under two out of three interpretations of the 14th Amendment. Even if he prevailed on the one possible interpretation, I remain opposed (as I was under President Barack Obama) to unilaterally ordered such major changes through executive orders. Putting aside the means, I have been surprised by the many statements that the meaning of the 14th Amendment as it relates to illegal or undocumented is absolutely unclear and unassailable. In fact, while birthright citizenship is unassailable, the scope of the amendment has long been questioned including both Democratic and Republican members long proposing legislative limits (including former Sen. Harry Reid). An argument can be made for a more limited meaning, even though the plain meaning of the Amendment (and the interpretation that I would tend to favor) would militate toward the broader meaning. Regardless, a clear and final ruling on the 14th Amendment should be welcomed — confirming whether this is a matter for legislative reform or constitutional amendment. Trump should drop the executive order approach so the focus of any judicial review is on the meaning of the 14th amendment and not the means used by the President.
Here is the column: Continue reading “After 150 Years, Courts Should Clearly and Finally Define The Question Of Birthright Citizenship”
Conspiracy theorists Jacob Wohl and Jack Burkman, a conservative lobbyist and radio host, are outspoken supporters of President Donald Trump and called reporters to come to a Holiday Inn in Washington to hear from a woman who would allegedly accuse Special Counsel Robert Mueller of sexual misconduct. Previously, Mueller referred an allegation to the FBI that women were promised money to accuse him of wrongdoing. With the no show of their accuser, Wohl and Burkman could well be looking at both criminal and civil liability.
As with so many constitutional and political disputes, the renewed controversy over the 14th Amendment has both sides claiming degrees of clarity and certainty that belied by a long and convoluted historical record. I have written and spoken this week about the arguments on both sides of this issue — a debate that has raged for 150 years. Frankly, I believe a court ruling would be welcomed to bring clarity and closure to the issue. The plain meaning of the 14th Amendment supports unlimited birthright citizenship and that is likely where the courts would come out on the issue. Nevertheless, from the time of ratification, there has been a debate over that interpretation with many Democratic and Republican members arguing for decades that the matter is left to Congress. For decades, many have held to the belief that either the14th Amendment leaves the matter to Congress or limits the right to birthright citizenship. Continue reading “Interpreting the Fourteenth Amendment: The Long and Convoluted Record on Birthright Citizenship”
After thousands of fatalities to U.S. personnel and allies and hundreds of billions of dollars, the Taliban now controls more of Afghanistan than at any point since 2001 . . . that the momentum seems to favor the Taliban. The government controls only 55 percent of the country. One can only wonder at the problems in this country that could have been addressed by hundreds of billions of dollars but the thousands lost and wounded are no abstraction.
Continue reading “Report: Taliban Now Controls More Of Afghanistan Than At Any Time Since 2001”
In Mt. Pleasant, South Carolina, U.S. Rep. Mark Sanford is lucky that he was not egged, tped, and then burned in effigy after he invited people to come to his office for Halloween after four to trick or treat and walk away with . . . copies of the Constitution. The Constitution is my life. I love the Constitution. I have spent a lifetime speaking and writing about the Constitution. However, it ain’t the same as a Reeces or Snickers bar. Indeed, Sanford needs to flip to the Eighth Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This was the infliction of cruel and unusual punishment on Halloween. Continue reading “Worst Halloween House [Member] Ever . . .”
Below is my column in The Hill newspaper on the now annual controversy over Halloween costumes and objections over cultural appropriation. This week universities mounted campaigns against offensive costumes while commentators lashed out at cultural appropriation. For example, students at Michigan State University this week were given warnings that a costume of a giant taco was not offensive but becomes offensive if the student puts on a sombrero. Other colleges threatened discipline for costumes that are culturally appropriating or inappropriate. These campaigns seem to grow each year even though we have never had a serious debate over the meaning and application of cultural appropriation charges over costumes.
Here is the column: Continue reading “Cultural Appropriation Is The Scariest Part Of Halloween This Year”
Here is our annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. This year’s addition is a real dozzy.
So, with no further ado, here is this year’s updated list of actual cases related to Halloween. Continue reading “Spooky Torts: The 2018 List Of Halloween Litigation Horrors”
Many people followed the bizarre story of Susan Westwood, 51, who confronted two African American women in a parking lot. While sharply questioning the women on what they were doing in the parking lot, Westwood infamously and curiously proclaimed “I’m white and I’m hot. I’m white and I’m hot.” Notably, Westwood repeatedly brags about her $125,000 salary, stating “I’m white and I make $125,000 a year and I want to make sure that you’re all up in here.” She is now unemployed after her videotape went viral. Continue reading “I’m White, I’m Hot . . . I’m Unemployed”
Many people might empathize with Scientific Engineer Sergey Savitsky, 55, who was fed up with a fellow scientist who repeatedly told him the endings of books that he was reading. It made it all the worse when the two men were confined to a research center in Antarctica. However, Savitsky took the spoiler gripe a bit too far in stabbing welder Oleg Beloguzov, 52, with a kitchen knife. It is reportedly the first recorded attempted murder in Antarctica — a rare distinction to be the first such criminal in an entire continent. Continue reading “Artistic License? Scientist in Antarctica Stabs Colleague For Repeatedly Spoiling The Ending Of Books”