Constitutional Law, Free Speech, Politics

Federal Court Upholds Ban on “Let’s Go, Brandon” Shirts in High School

We previously discussed the case of a student (known as “D.A.”) in Michigan who was ordered to remove his sweater with the popular phrase “Let’s Go, Brandon.” We now have a ruling from U.S. District Judge Paul Maloney in the Western District of Michigan. In D.A. v. Tri County Area Schools. Judge Maloney rejects the free speech claim and rules that school officials can punish a student for wearing a “Let’s Go Brandon” T-shirt. I believe that he is wrong and that the case sets a dangerous precedent.

Continue reading “Federal Court Upholds Ban on “Let’s Go, Brandon” Shirts in High School” →

Constitutional Law

Human Rights Campaign President Calls for Rejection of “the Little Piece of Paper” of the Founders

We have been discussing Democratic leaders and activists who have been calling for revolutionary change and a rejection of the foundation of the American constitutional system. The latest is Human Rights Campaign president Kelley Robinson, who spoke at the National Democratic Convention. In an earlier speech, Robinson rejected what she referred to as the Founders’ “little piece of paper” and called for the reimagining of our constitutional system. Continue reading “Human Rights Campaign President Calls for Rejection of “the Little Piece of Paper” of the Founders” →

Media, Politics, Torts

Palin Wins Appeal on Defamation Case Against New York Times

Over the years, I have written repeatedly (here, here, here, here, and here) about the interesting defamation case brought by Sarah Palin, the former Alaska governor and 2008 Republican vice presidential nominee, against the New York Times. The judge in the case U.S. District Judge Jed Rakoff was previously reversed and proceeded to issue novel and deeply flawed rulings before dismissing her case.  He has now been reversed again and Palin will have a new opportunity to sue the newspaper. Given Judge Rakoff’s dismal record in this case, it is concerning that he will be allowed to preside in any new trial.

Continue reading “Palin Wins Appeal on Defamation Case Against New York Times” →

Academia, Congress, Politics

Wild Ride: Pennsylvania Democrat Declares That She is “Outraged, Devastated” In Conflicting Letters on Israel
Politics

Democrats Lose Effort to Block Cornel West from Michigan Ballot

For months, we have been discussing the concerted effort of Democrats to bar challengers to President Joe Biden from primary ballots and block third-party candidates like Robert F. Kennedy, Jr. and Cornel West from appearing on the November ballots. As both Joe Biden and Kamala Harris insisted that “Democracy is on the ballot,” their allies sought to deny the ability of voters to cast their ballots for other candidates. Now, a state judge has issued a stinging denial of the effort of Democratic officials to block West from the Michigan ballots. Continue reading “Democrats Lose Effort to Block Cornel West from Michigan Ballot” →

Free Speech, International

“#FreePavel”: Telegram CEO Becomes Latest Target of European Censors

Elon Musk put it simply: “#FreePavel.” For many, a hashtag of one billionaire calling for the release of another billionaire is hardly a compelling cause. Telegram CEO Pavel Durov, 39, is neither a familiar nor sympathetic figure for most Americans. However, for free speech advocates, Durov’s arrest is a chilling escalation of global censors in using European laws to control speech on the Internet. Continue reading ““#FreePavel”: Telegram CEO Becomes Latest Target of European Censors” →

Columns, Courts, Media, Politics, Supreme Court

Poetic License: How Press and Pundits are Reframing Personalities to Fit Our Politics

Below is my column in The Hill on the sudden embrace of bipartisanship in Washington … by some of the most partisan figures in our political system. Press and pundits are suddenly reframing Vice President Kamala Harris as a moderate while heralding Justice Amy Coney Barrett for her independence. It is enough to give you vertigo from the media and political spin. Update: GovTrack has responded to the column, which is discussed at the end of the column.

Here is the column: Continue reading “Poetic License: How Press and Pundits are Reframing Personalities to Fit Our Politics” →

Columns, Free Speech, Politics

How Democrats Make Republicans: RFK Should Be A Wake Up Call for the Party
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Below is my column in the New York Post on the withdrawal of Robert Kennedy, Jr. from the presidential race and his endorsement of former President Donald Trump. Kennedy’s speech resonated with many long-time Democrats who have found themselves estranged from the party. While Kennedy remains an independent, it is a cautionary tale that is being missed in the “joy” theme of the Democratic National Convention. The fact is that new Republicans are often not the product of ideology and association but anxiety and exclusion. Democrats make Republicans.

Here is the column: Continue reading “How Democrats Make Republicans: RFK Should Be A Wake Up Call for the Party” →

Academia, Criminal law, Free Speech

George Washington Monument Vandalized By Pro-Palestinian Protesters
In 2020, I wrote about the toppling of the monument to George Washington on the campus of George Washington University, where I teach. The university was silent on the vandalism by far left groups. Now, after George was restored, protesters have again vandalized the monument by spray painting pro-Palestinian slogans on its base. It is a continuation of property damage seen recently on Capitol Hill, including the defacing of the Columbus statue in front of Union Station as police watched. A pro-Palestinian group heralded the property damage on GW campus this week and pledged more such action until the university cuts ties with Israel. Continue reading “George Washington Monument Vandalized By Pro-Palestinian Protesters” →
Free Speech, International

Rowling Reportedly Sued by Olympic Boxer Over Gender Criticism
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We have previously discussed the cancel campaigns targeting JK Rowling, the author of the Harry Potter series. Rowling was not only the greatest selling author of all time but a wildly popular writer until she publicly opposed certain transgender policies as inimical to the advances in feminism. Now, she is the target of a lawsuit by Algerian boxer Imane Khelif, the gold-medal winning athlete who had previously failed a gender test to confirm that she is a female fighter.  We previously discussed that global debate, but Khelif is now accusing Rowling out of many thousands of critics of being a cyberbully. X owner Elon Musk has also been named in the lawsuit.

Continue reading “Rowling Reportedly Sued by Olympic Boxer Over Gender Criticism” →

Free Speech, International

“It’s Not OK Any More”: The United Kingdom Cracks Down on Free Speech
The crackdown on free speech continues in the United Kingdom as officials use recent rioting to justify a roundup of citizens who they view as “pushing harmful and hateful beliefs.” The government is ramping up arrests of those with “extremist ideologies” in the latest wave of arrests.  The crackdown includes those accused of misogynist views.In my book, “The Indispensable Right: Free Speech in an Age of Rage,” I discuss how difficult it is to get a free people to give up freedoms. They have to be afraid, very afraid. For that reason, governments tend to attack free speech during periods of public anger or fear. Continue reading ““It’s Not OK Any More”: The United Kingdom Cracks Down on Free Speech” →
Columns, Free Speech, Politics

Shut Out in Chi-Town: Jewish Groups Blocked from Marching During the Democratic National Convention

Below is my column in the New York Post on the complaints of Jewish groups that they were denied permits to march in Chicago during the Democratic National Convention while other groups, including pro-Palestinian groups, were allowed to do so. There is a crushing irony in Chicago given the decision in 1978 to allow Nazis to march in nearby Skokie, but Jews could not march in Chicago in 2024.

Here is the column:

Continue reading “Shut Out in Chi-Town: Jewish Groups Blocked from Marching During the Democratic National Convention” →

Criminal law, Free Speech, International

“Keyboard Warrior”: British Crackdown Results in Three-Year Sentence Over Anti-Migrant Postings

Three years ago, we discussed the conviction of a British man for “toxic ideologies,” under the draconian laws criminalizing inciteful or dangerous speech. The erosion of free speech appears to have only accelerated in the UK. As is often the case, the attacks on free speech increase during periods of unrest, anger or fear. With the recent anti-immigration riots, British authorities have used their laws to round up a large number of citizens expressing anti-immigrant views and some have already been convicted. Those cases include Wayne O’Rourke, 35, who has been sentenced to three years in prison for “stirring up racial hatred.” Continue reading ““Keyboard Warrior”: British Crackdown Results in Three-Year Sentence Over Anti-Migrant Postings” →

Columns, Constitutional Law, Free Speech, International, Politics

The EU Just Declared War on Free Speech in America. It is Time to Fight Back

Below is my column in The Hill on the move of the European Union to force Elon Musk to censor X users, including political speech leading up to the 2024 election. The column discusses this Rockwell painting, which we often use in discussing free speech controversies.

Here is the column: Continue reading “The EU Just Declared War on Free Speech in America. It is Time to Fight Back” →

Res ipsa loquitur – The thing itself speaks