Below is my column in USA Today on the alliance of civil libertarians and gun rights groups to oppose New York’s attack on free speech rights in the name of gun control.
Here is the column: Continue reading “Gunning for Free Speech: Civil Libertarians and Gun Right Advocates Join to Oppose New York’s Attack on Free Speech”
Below is my column in The Messenger on the challenge facing the Supreme Court in the coming week over the electoral disqualification of former president Donald Trump in Colorado and Maine. The appeal in Maine has been filed and can now work its way up to the Court. Colorado is expected to file with the Court this week. If the Court does not act before Jan. 4th, Colorado could seek to moot any appeal and avoid review. It would then depend on the Maine litigation to bring the matter back to the Court.
Here is the column: Continue reading ““A Sad Day”: How the Colorado Disqualification Case is Bringing Back Bad Memories for the Supreme Court”
Rep. Jamie Raskin raised eyebrows on Sunday with a CNN interview where he said that there may have to be action taken if Justice Clarence Thomas does not recuse himself from pending appeals over the disqualification of Donald Trump from the Colorado and Maine ballots. Not only is there a weak basis for demanding such recusal, the suggestion of some type of response or retaliation raises ongoing concerns over efforts to influence or intimidate justices. Continue reading ““What Do We Do if He Doesn’t Recuse Himself?” Rep. Raskin Raises Eyebrows with CNN Interview on Justice Thomas”
After decades of litigation, Mickey and Minnie Mouse have entered the public domain as of January 1. For years, Disney has bullied and sued anyone attempting to use the image of Mickey or Minnie Mouse. They are not alone in such abusive actions. The company led other businesses in endless legislative measures to criminalize copyright violations and massively increase their power over consumers. That is why this is a moment of such significance. However, the draconian copyright laws will continue due to members of Congress of both parties throwing consumers and average Americans under the bus. There will remain an army of thuggish law firms who prey upon anyone who uses other images — threatening ruin in exchange for expensive settlements. Do not blame Disney. It is acting according to its nature. Blame your representatives of Congress. Continue reading “Mickey is Public . . . But Copyright Abuse is Still the Rage in Washington”
Below is my column in the Hill on the Maine decision and how it is illustrative of Justice Louis Brandeis’ warning of the danger of zealots. Shenna Bellows has long embraced extreme political and historical viewpoints, including denouncing the electoral college as a “relic of white supremacy.” Bellows also declared that voter ID laws are “rooted in white supremacy.” Challengers knew that they “had her at hello” in seeking to disqualify former president Donald Trump. The coming week will likely show how the Supreme Court will address the issue.
Here is the column: Continue reading “Destroying Democracy to Save It: Maine Shows the Danger of Zealots in our Legal System”
We often use the end of the year to do a quick review of the state of the blog. In 2023, the blog had another record year in traffic. We will soon pass our 78,000,000 view mark and our community continues to grow rapidly around the world. As a mark of that growth, we are now staggering our periodic updates that used to occur with each new millionth marker since we are now surpassing a million such views on average in less than a month.
Continue reading “State of the Blog: The Record Year of 2023 on Res Ipsa”
Happy New Year to everyone on our blog! We rang in 2024 at home in Virginia after returning from Chicago for Christmas. New Year’s Eve is also my wedding anniversary. Twenty-six years ago, Leslie and I eloped in Old Town Alexandria after dating eight years. (We used my high school ring to seal the deal). Once again, we will celebrate two anniversary dates. I count the anniversary as our 34rd while Leslie insists on counting this year as our 26th anniversary. (She takes a purely contractual calculation in going by the date on the marriage certificate while I apply a relational calculation). We toasted our anniversary and the New Year (as we did 26 years ago and every year since) with a bottle of Schramsburg Cremant. Continue reading “HAPPY NEW YEAR!!!”
In teaching torts, I begin my discussion of the intentional infliction of emotional distress by having students write in their notes “not everything is the infliction of emotional distress.” The reason for the cautionary line is that law students tend (particularly on exams) to call any insult an infliction of emotional distress, ignoring the elements of the tort requiring severe forms of conduct or speech to qualify. That line came to mind in reading the recent decision of the Utah Court of Appeals rejecting tort claims, including an IIED claim, in Keisel v. Westbrook. The case involves Russell Westbrook, the Thunder’s point guard who reacted angrily to the taunting of Shane Keisel, a Jazz fan, at a game in March 2019. Keisel brought an array of tort claims that have now been correctly rejected by the courts. Continue reading ““Disagree Better”: Court Rejects Torts Claims of Taunting Fan Against Russell Westbrook”
Michael Cohen, former President Trump’s onetime fixer and lawyer, has admitted to a federal court that he was the source of fake case citations used to support his effort to end his supervised release from his earlier criminal convictions. He blamed Artificial Intelligence (AI) for the error, he also seemed to throw his own attorney under the bus for not checking his work. Continue reading “AI Did It: Disbarred Michael Cohen Admits to Sending Fake Case Citations to Get Early Release from Supervision”
For years, we have discussed the alarming shift in the Democratic party on free speech with candidates running on pledges to censor opposing views and politicians supporting blacklisting and censorship on social media. Many citizens oppose such efforts to restrict their rights under the First Amendment, but are unaware of the work of their representatives to limit free speech. Now, a filing in the Supreme Court supporting censorship efforts by the Biden Administration has supplied a handy list of the anti-free speech states for citizens. Continue reading “Are You in an Anti-Free Speech State? We Now Have The Definitive List”
The University of Wisconsin–La Crosse is embroiled in a controversy surrounding its Chancellor Joe Gow after it was revealed he and his wife made porn videos under the name “Sexy Happy Couple.” He has been removed from his position, though the now unhappy couple could now challenge the action in the courts. Continue reading ““[Un]happy Sexy Couple”: Wisconsin–La Crosse Chancellor Removed Over Porn Videos with Wife”
The office of Colorado Secretary of State Jena Griswald issued a statement that, since the appeal was filed with the Supreme Court, Trump’s name will remain on the ballot “unless the U.S. Supreme Court declines to take the case or otherwise affirms the Colorado Supreme Court ruling.” That clause or provision from the opinion may offer a welcomed escape option for both the Supreme Court and the state.
Beer analysts are saying that Bud Light is still struggling with the boycott that has reduced its sale by a whopping 28% over the four weeks leading up to Dec. 9 — and heading to the all-important New Year’s sale period. The tragic irony for the company is that Alissa Heinerscheid, vice president of marketing for Bud Light, sought to dismantle Bud Light’s “fratty reputation.” She succeeded. It is now the symbol of woke companies for many and consumers seem to be treating the company as a vehicle to express their opposition to the social and political campaigns of companies from Disney to Nike. Continue reading “Going Flat? Bud Light Sales Still Down 28 Percent as Consumers Continue Boycott”
When my family and I were driving back from Chicago, a vote of the city council was revealed that perfectly captured the hypocrisy and politics surrounding undocumented migrants in major cities. The council voted down an effort to allow voters to decide on whether Chicago should remain a sanctuary city. The measure was defeated 16-31.
There are a number of new laws that will kick in in 2024, but one of the most interesting fights are likely to over the new California law requiring stores with more than 500 employees to carry “gender-neutral” toys over face state fines. The law, signed by Gov. Gavin Newsom in 2021, is likely to trigger free speech challenges. Continue reading “New California Law Requires Stores to Carry “Gender-Neutral” Toys”