) Below is my column in the Hill on the decision of Joe Biden to end his presidency with a final act of ignominy. The use of his pardon authority to protect his own family members was the final corruption of Joe Biden. Here is the column: With only 15 minutes to go as president, Joe Biden snatched infamy from the jaws of obscurity. With record-low polling and widely viewed as a “failed” president, Biden completed his one-man race to the bottom of ethics by issuing preemptive pardons to members of his own family. The pardons were timed to guarantee that the…

Below is my column on the Biden family pardons in Fox.com. President Joe Biden merely confirmed the worst expectations of his critics. The true condemnation rests with those in the media who enabled the Biden influence-peddling operation. Here is the column: At 11:45 am, the media felt the final sting of the Biden scandal. It was delivered by President Joe Biden, who shattered any pretense of principle in pardoning family members allegedly implicated in the influence-peddling corruption scandal. According to an old fable, a scorpion convinced a leery frog to carry him across a river, noting that he could not…

Below is my column on the pardoning of the January 6th defendants by President Donald Trump. The scope of the pardon appears broader than some had hoped. What is clear is that any such relief should not extend to violent actors, particularly those who attacked police officers.  However, the Justice Department itself may have made the strongest case for presidential pardons. Here is the column: On January 20, 2025, the “shock and awe” campaign of the Justice Department came to an end as President Donald Trump pardoned 1,500 January 6th defendants. Four years ago, the Justice Department set out to…

Below is my column in The Hill on the verdict against CNN in the defamation case brought by Navy veteran Zachary Young. The jury will now determine the amount of punitive damages in a case that speaks not only to CNN but the media at large. As the media readies for a second Trump term, there is every indication that news outlets like NBC are preparing to replicate the same advocacy journalism that characterized Trump’s first term. If so, the media will continue to speed along its own demise with many seeking their news from new media. “Your credibility with…

In his final week as president, Joe Biden again invoked liberal professors to justify a plainly absurd constitutional argument by declaring that the 28th Amendment is now ratified. By invoking “leading legal constitutional scholars,” Biden only added redundancy to absurdity in claiming that the Equal Rights Amendment is now law. Unfortunately, this pattern has been all too familiar throughout his presidency and only highlights his contempt for constitutional order. As discussed in a column yesterday, the 28th Amendment has been as dead as Dillinger for decades. To recap: The deadline for ratification of the ERA was set for March 22,…

Below is my column in Fox.com on President Joe Biden’s last-minute declaration that the 28th Amendment is now part of the United States Constitution. It appears that our president sees dead amendments, but that is not the greatest thing that should worry you. Here is the column: President Joe Biden wants people to know that he sees dead amendments. Just before leaving office, Biden declared that we have a 28th amendment despite dying in the ratification process years ago. Not since the movie Sixth Sense has there been a more creepy moment. To paraphrase Cole Sear in the film, Biden…

I was greatly honored yesterday to be selected as one of this year’s recipients of the Samizdat Prize, awarded by RealClearPolitics, a leading news site in the fight against censorship. I will receive the prize at the RCP conference on Wednesday, February 5, 2025, in Palm Beach, Florida. I am deeply grateful to receive this recognition for my work in free speech and my new book, The Indispensable Right: Free Speech in an Age of Rage. This is a tough time for the free speech community, but we must not forget that we have allies. Indeed, part of the effort to…

There is an interesting New York Post report that roughly 200 of Hunter Biden’s art pieces were destroyed in the Los Angeles wildfires. The value of the art stored near the home of Hunter’s patron and lawyer, Kevin Morris, is being claimed in the “millions of dollars.” The question is whether, with reports of a collapse in the value of Hunter’s art with the departure of his father from office, the fire might prove the ultimate windfall for Hunter and his “clients.” Georges Bergès, Hunter Biden’s art gallerist, contradicted claims of the White House on the handling of the art. Hunter reportedly knew who…

As lawyers, we often take a series of steps to protect the interests of our clients when it becomes necessary to sever or end representation. The dropping of a client can have a damaging impact on the reputation or standing of a client. That is why it was surprising to see Mark Lemley, a Stanford law professor who publicly denounced Mark Zuckerberg as part of social media tirade. It is a deeply concerning lesson for students as a law school already rocked by prior controversies over intolerance for opposing viewpoints. When we take on a client, we are closely identified…

Marquardt piled on in the segment, claiming that “desperate Afghans are being exploited” and need to pay “exorbitant, often impossible amounts” to flee the country. He then named Young and his company as an example of that startling claim.The evidence included messages from Marquardt that he wanted to “nail this Zachary Young mf**ker” and thought the story would be Young’s “funeral.” After promising to “nail” Young, CNN editor Matthew Philips responded: “gonna hold you to that cowboy!” Likewise, CNN senior editor Fuzz Hogan described Young as “a shit.”As is often done by media, CNN allegedly gave Young only two hours…

Martin Speake, a British jazz “composer, saxophonist, academic and educator” is preparing a lawsuit against Trinity Laban Conservatoire of Music and Dance over a cancel campaign that targeted him after he criticized the school’s “BLM/anti-racist policies and initiatives” and denied that there was “systemic racial inequality in the UK jazz scene.” His case is strikingly similar to other targeted professors discussed in my recent book on free speech. The controversy began when Speake was asked to give feedback on the policies. As he later explained, he was immediately set upon by critics calling him a racist. He stressed his bona…

This week, North Dakota State University is under fire for its statement of diversity, equity, and inclusion goals, including from the Foundation for Individual Rights and Expression (FIRE). The university issued a “statement of inclusivity” that included a pledge to combat “violence in language or in action.” The notion of “violent speech” is a touchstone for the anti-free speech community, which treats the expression of viewpoints as akin to physical attacks on students. While this is merely a university statement, the inclusion of combatting violent speech as a priority was concerning for many. As I have previously written in columns and…

The release of the first part of Jack Smith’s report at midnight was the special counsel’s version of the Supreme Court’s Dobbs decision: we had seen it before. Putting aside the public filings where Smith fought to get this information out before the election, there was little new in the report. What the report did not contain is an explanation of how Smith destroyed his own cases against Trump. However, one notable element was Smith’s reliance on a dubious concurrence by Justice Ketanji Brown Jackson, the subject of a prior column on what would be an interpretation that was too…

Below is my column in The Hill on the one thing that the forthcoming report of Special Counsel Jack Smith will not address: how he destroyed his own case against Donald Trump. Smith will be something of a tragic figure for future special counsels. The only thing missing is a shirt reading, “I spent over two years and $50 million dollars and all I got was this lousy t-shirt (and a redacted report).” Here is the column: The expected release of Special Counsel Jack Smith’s report will occur as early as this weekend, albeit without those sections dealing with the Florida documents…

The New Hampshire Supreme Court just handed down a victory for free speech in Attorney General v. Hood. As is often the case, defending free speech means supporting viewpoints that most of us find grotesque and hateful. However, the justices rejected the position of the Portsmouth Police Department that it could force the removal of a racist banner from an overpass. Such signs and flags are commonly allowed, but the police and prosecutors insisted that racist messages “interfered with the rights” of other citizens.The controversy began on July 30, 2022, when a group of roughly ten people with NSC-131, a…

This weekend, I had the pleasure of visiting Sea Island, Georgia for an event on my recent book, “The Indispensable Right: Free Speech in an Age of Rage.” I was able to drive around the island and the adjoining St. Simons Island. Despite the unusually cold weather, this unique place was spellbinding. I cannot recommend a visit more for our blog community. Sea Island is a privately owned island in Glynn County. It is part of the Golden Isles, along with St. Simons Island, Jekyll Island, and Little St. Simons Island. The book event was held at the Cloisters resort,…

Below is my column in the New York Post on the statement by Acting Justice Juan Merchan in the sentencing of President-elect Donald Trump. Merchan’s effort to justify the handing of the case sounded like the second defense argument made in the hearing. It likely changed few minds in the court of public opinion. Here is the column: This week, the sentencing of President-Elect Donald Trump saw one of the most impassioned defense arguments given at such a hearing in years . . . from the judge himself. Acting Justice Juan Merchan admitted that the case was “unique and remarkable”…

There is an interesting defamation case out of New York in which the Second Circuit upheld the dismissal of the lawsuit by Louis Farrakhan and the Nation of Islam (NOI) against the Anti-Defamation League (“ADL”) and individual defendants Jonathan Greenblatt, the Simon Wiesenthal Center, and Rabbi Abraham Cooper. Not only did the court reject the claim that canceled speeches resulted from alleged defamatory statements, but it also noted that the statements about NOI are protected opinions. In Farrakhan v. Anti-Defamation League, Judges Susan L. Carney, Joseph F. Bianco, and William J. Nardini upheld the lower court’s dismissal of what they…

Below is my column at Fox.com on the sentencing of President-Elect Donald Trump. The conviction should be overturned on appeal. However, the most lasting judgment will be against the New York court system itself in allowing this travesty of justice to occur. Here is the column: With the sentencing of Donald Trump Friday, the final verdict on the New York criminal trial of the president-elect is in. The verdict is not the one that led to no jail or probation for the incoming president. Acting Justice Juan Merchan has brought down the gavel on the New York legal system as a…

The Supreme Court voted 5-4 to allow the sentencing of President-elect Donald Trump to go forward today. The bare majority was secured when Chief Justice John Roberts and Associate Justice Amy Coney Barrett voted with their liberal colleagues, Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. However, part of the rationale for the decision was that Acting New York Justice Juan Merchan indicated that he was going to issue an unconditional discharge without any jail or probation. The question is whether Merchan could pull a bait-and-switch and decide to impose punishment. It is highly unlikely but intriguing. Some of…

In the annals of environmental law, no creature is more famous than the Snail Darter, the endangered species that shut down completion of the Tellico Dam in the 1970s. It required congressional legislation to allow the dam to be finished after years in the courts where judges maintained that the species had to be protected under the Endangered Species Act. According to the New York Times., the species may turn out to be as mythical as a unicorn. The controversy began in 1967 when the Tennessee Valley Authority started constructing a dam on the Little Tennessee River, roughly 20 miles…

Minnesota Democrat Sen. Amy Klobuchar this week was hit by a “community note” flagging a common false statement made about January 6th and how multiple officers were killed that day. Democratic leaders routinely refer to multiple deaths of officers when the only person to die on January 6th was Ashli Babbitt, a killing of an unarmed protester that remains controversial after a whitewashing by the Capitol Police. Klobuchar, who has been a vocal supporter of censorship to quell “disinformation” on social media, repeated the false narrative and declared that “Police officers were injured and killed.” Klobuchar joined other Democrats in…

Below is my column in the Hill on the resignation of Canadian Prime Minister Justin Trudeau and his anti-free speech legacy. The collapse of free speech in Canada is a cautionary tale for Americans. It shows how Trudeau and the Liberal Party used faux rhetoric of tolerance and inclusion to justify intolerance and exclusion. Here is the column: With Justin Trudeau’s announcement that he will step down as prime minister, Canada is now looking for a new leader after a decade under his policies. The question is whether anyone will look for the remnants of Canadian free speech in the wreckage of…

After a presidential campaign where both President Joe Biden and Vice President Kamala Harris pushed back on claims that they were trying to shut down much of the fossil fuel industry, Biden waited until the final days of his administration to ban oil and gas drilling over 670 million acres of America’s coastline. President-elect Donald Trump responded that“It’s ridiculous. I’ll un-ban it immediately. I have the right to un-ban it immediately.” It will likely be more difficult than a simple “un-ban” order. Environmental groups will likely push a “sue, baby, sue” campaign to counter Trump’s “drill, baby, drill.” In his statement,…

Below is my column in Fox.com on the potentially historic change in policy at Meta to restore free speech protections. As one of the longest and loudest critics of the company over its censorship history, it is admittedly hard to trust. However, an alliance of Mark Zuckerberg with Elon Musk could prove the most important development for free speech Here is the column: “Faithful friends are hard to find.” For the free speech community, those words from Shakespeare have long been tragically true. Indeed, until Elon Musk bought Twitter (now X), we were losing ground around the world to an…

Below is my column in the Hill on the sentencing this week of President-Elect Donald Trump in Manhattan. Judge Juan Merchan waited to schedule the hearing for just ten days before the inauguration, limiting the time available to appeal. His order suggests that, if there is any interruption or delay in his sentencing, he might follow the advice of Manhattan District Attorney Alvin Bragg and suspend sentencing for four years, a terrible option that we previously discussed. One could call that passively aggressive, but it seems quite actively aggressive. Here is the column: At 9:30 a.m. on Jan. 10, 2025,…

“This body and this nation has [sic] a territories and a colonies problem.” Those words from Del. Stacey Plaskett echoed in the House chamber this week as the delegate interrupted the election of the House speaker to demand a vote for herself and the representatives of other non-states. The problem, however, is not with the House but with Plaskett and other members in demanding the violation of Article I of the Constitution. After her election in 2015, Plaskett has often shown a certain disregard for constitutional principles and protections. Despite being a lawyer, Plaskett has insisted in Congress that hate…

MSNBC host Lawrence O’Donnell is under fire this week for using the terrorist attack on Bourbon Street in New Orleans to attack the United States Army as a greater threat than those crossing our Southern border. The statement is a vintage example of why many are turning away from legacy or mainstream media, including MSNBC (which has lost nearly half its audience since the election). O’Donnell has long maintained his show as something of a safe space for the left, including declaring that no Trump supporter would be allowed to speak on his show because they are all “liars,” a…

In California, Democrats are ringing in the New Year with a new push against voter identification. California Attorney General Rob Bonta has been hammering Huntington Beach because the city recently amended its municipal laws to require basic voter identification. While voters overwhelmingly support voter identification, Democrats in California recently passed a law making it a crime to ask for voter identification at polling places. Now, Bonta is asking for an appellate court to intervene to prevent Huntington Beach from asking for IDs before people vote. After Huntington Beach passed Measure A requiring voter identification in 2026, Gov. Gavin Newsom signed…

The Freedom From Religion Foundation (FFRF) is under fire this week after it censored a leading scientist, atheist, and board member, Jerry Coyne, a professor emeritus of ecology at the University of Chicago. The FFRF took down a Coyne column titled “Biology is not bigotry,” a critique of an earlier transgender column. The move followed objections from transgender activists and led to the resignation of biologist Richard Dawkins and Harvard University Professor Steven Pinker in support of Dr. Coyne and free speech. The FFRF board has decided to ring in the New Year by reinventing itself as a freedom from…

Happy New Year to everyone on our blog! We rang in 2025 at home in Virginia. The kids went to parties after dinner with us this year, so it was just Leslie and me. That was appropriate since New Year’s Eve is also our wedding anniversary. Twenty-seven years ago, Leslie and I eloped in Old Town Alexandria. (We used my high school ring for the wedding ring.) There is, however, a lingering legal dispute that continues to dog our celebrations. I count this anniversary as our 35th, while Leslie insists on counting this year as our 27th anniversary.  (She takes…

We often use the end of the year to do a quick review of the state of the blog. We will soon pass our 87,000,000 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. As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog.  I also want to thank our…

On this New Year’s Eve, billions of people will gather with friends to ring in 2025 with the hope of a better year to come.  For the first time in many years, free-speech advocates have a reason to celebrate. With 2024, we will say goodbye to one of the most reviled offices in the Biden Administration: The Global Engagement Center. I discuss the Center in my recent book, The Indispensable Right: Free Speech in an Age of Rage as one of the most active components in the massive censorship system funded by the Biden Administration.  The demise of the GEC…

There is an interesting criminal case out of Florida in which FedEx driver Latavion Lewis was charged with grand theft, illegal dumping, and an organized scheme to defraud. Yet, in this case, the grand theft was to throw out packages rather than deliver them. It is a type of Grinch Grand Theft charge that only raises questions about the handling of a certain case in 1966. FedEx received reports of packages strewn along roads and in the woods around Bonifay, Florida. Police recounted that”during the interview, Lewis admitted to deputies that, due to the late hour, he chose to discard…

Below is my column in The Hill on the recent Wall Street Journal report on the Biden Administration’s resistance to experts who voiced support for the lab theory on the origins of COVID-19. As with many academics in higher education, government experts were warned not to question the natural or zoonotic theory. In the meantime, figures like Dr. Anthony Fauci said little to support other experts who were being censored and targeted for opposing views. Call it the Silence of the Labs. The effort to marginalize such figures continues this week as pandemic hawks circle Dr. Jay Bhattacharya in anticipation…

This morning, the nation is mourning the loss of one of the most genuinely decent men ever to sit in the Oval Office. Even for his critics, Jimmy Carter was a model of empathy and integrity as an American president. After his presidency, he proved an even greater role model, working tirelessly to help those without homes or hope. He gave us 100 years of service and a lasting lesson on what it means to be truly a public servant. Both President Joe Biden and Donald Trump offered moving tributes to Carter. President Biden noted that Carter showed “what it…

For those who opposed the censorship and cancel campaigns during the pandemic, Dr. Jay Bhattacharya became an iconic figure of resistance. Unfortunately, the same can be said of the anti-free speech movement and pandemic hawks. Bhattacharya, who co-authored the Great Barrington Declaration and was a vocal critic of COVID-19 policies, has been nominated as the next head of the National Institutes of Health. As I wrote this weekend in my column, the nomination was heralded by many as a turning point for the NIH. It is also a rallying cry for those who supported the earlier measures, as shown by…

This week, Judge Mary Dimke of the United States District Court for the Eastern District of Washington issued an interesting ruling. In United States v. Bolen, she rejected spousal immunity in a criminal case where she believed the couple got hitched for evidentiary rather than romantic reasons. Spousal immunity has long been a thing of legend in the courts and cinema. In Arrested Development, you had the prototypical scene: “Michael: Why didn’t you just put me in charge?George Sr.: Michael, listen to me! These guys, the SEC, they have been after me for years. If I had put you in charge, you would…

Dr. Tara Gustilo won a significant free-speech victory this week before the United States Court of Appeals for the Eighth Circuit against the Hennepin Healthcare System in Minnesota. She was removed from her position after criticizing Black Lives Matter, Critical Race Theory, and certain COVID narratives. An appellate panel rebuked U.S. District Judge Susan Richard Nelson for usurping the function of a jury in assuming facts and failing to apply the correct test for the free-speech claims in the case. Dr. Gustilo is not someone that you would expect to be labeled as an extremist or racist in her workplace.…

“Lies.” That response was a mantra for President Joe Biden, who denied ever meeting or knowing about his son’s foreign dealings. Despite the pronounced lack of interest by most media outlets in the alleged multimillion dollar influence-peddling scheme, the House and conservative groups have doggedly pursued the matter and found overwhelming evidence that the President has repeatedly lied about his interactions with foreign clients. Now, a new photo further contradicts the President, who recently pardoned his son for any crimes committed over a ten-year period. America First Legal has been engaged in a prolonged legal fight with the National Archives…

Amazon Prime Studios is under fire for shortening the classic Christmas film, It’s a Wonderful Life by cutting out the key scenes where George Bailey sees what life would have looked like if he was never born. The suggested reasons have varied from removing disturbing scenes for modern sensibilities to a copyright dispute. I read once of a movie theater owner who wanted to show a doubleheader film with the Sound of Music but did not want over four hours of viewing…so he cut out all the songs. For viewers, the impact is the same when the scene goes from…

In an age of advocacy journalism, April Ryan has long been a standout. Ryan routinely engaged in diatribes in White House press conferences during the Trump Administration and has openly opposed all things Republican or conservative. Now, the MSNBC contributor and Grio White House correspondent has declared that President Joe Biden was a “standard-bearer for what the Founding Fathers put in place.” The reason? His much-criticized and partisan veto of The Judges Act. While even stalwart Biden allies like Delaware Sen. Chris Coons criticized the President for vetoing the badly needed, bipartisan measure to add new judges, Ryan declared it…

First Commercial Christmas Card (Henry Cole 1843) Best wishes to everyone celebrating Christmas. This year, we are celebrating in North Carolina for the first time. My four children and Luna drove down with us two days ago. As many on the blog know, we have always gone to Chicago for Christmas. However, the illness of a loved one in Durham led us to change our plans at the last minute. The four kids came through like champions. We rented a house in Durham near my inlaws. Due to my Catholic and my wife’s Jewish traditions, we celebrate both Christmas and…

Proposition 36, which increases punishments for some retail theft and drug possession offenses, overwhelmingly passed in California despite the opposition of Gov. Gavin Newsom and most Democrats.  Newsom denounced the measure as something that “takes us back to the 1980s, mass incarceration.” Despite discussing her tough-on-crime record in the election, Vice President Kamala Harris refused to support the measure or even state if she voted for it. Now, however, two shoplifters may have given the law the greatest endorsement. The Seal Beach Police Department in California released a video of three alleged shoplifters who seemed shocked to learn that the…

The decision of President Joe Biden to clear the federal death row has caused an uproar in some quarters and praise in others. There are good-faith arguments on both sides. However, there was a curious element to the Biden pardons for 37 people on death row. There were 40 people on death row. Three remain. In making the announcement, President Biden declared that he had sympathy for the families of the victims: “But guided by my conscience and my experience as a public defender, chairman of the Senate Judiciary Committee, vice-president, and now President, I am more convinced than ever…

Below is my column in The Hill on the rising rage of the holiday on the left as we approach the second Trump inauguration. From looking forward to harassment at restaurants to the purchase of Antifa-themed Christmas gifts, some appear to be planning for a hate-fest in the New Year. Here is the column: “May Trump supporters and Trump voters and Trump himself never know peace.” Those words, from Disney’s new Snow White actress Rachel Zegler, came shortly after half of the country, roughly 77 million Americans, voted for Donald Trump. Only a few weeks ago, Kamala Harris and her supporters were…

Washington State’s unofficial state motto has long been “Al-ki” which means either “bye and bye” or “by and by” in Chinook. The former meaning now seems official as Gov. Jay Inslee pushes for a “wealth tax.” Wealthy citizens are already saying bye to the state in anticipation of what one Democratic billionaire recently called a “boneheaded” move. The problem is that rich people can move. Unlike fixed assets like a mansion, they can take their wealth and taxes to other states without such laws. The post from Senate Democrats supporting Senate Bill 5486 said, “The first $250 million of assessed value…

One of the most consistent elements of the identity politics practiced by the left is its selectivity. Whether in politics or higher education, the outrage that comes from allegedly racist or insensitive comments is confined to targets on the right. A case in point is the deafening silence after a diatribe by Rep. Jasmine Crockett, D-Texas, during which she accused Hispanic voters of having a “slave mentality” and said that they “can barely vote.” There was no vaporous segment on The View or condemnations on the floor from members. Crockett has been celebrated in left-wing publications such as Vanity Fair…

In an explosive exposé, the Wall Street Journal has revealed how the mental decline of President Joe Biden was pronounced from the start of his term. However, cabinet members and other Democrats lied to the public about his declining levels of acuity and engagement. That effort succeeded largely with the help of an alliance with the media, which showed little interest in whether the President was actually running the government. After President Joe Biden’s disastrous debate performance, the solid wall of media and staff shielding his declining mental state collapsed. Even after Special Counsel Robert Hur declined criminal charges against…

As an academic and a legal commentator, I have sometimes disagreed with the United States Supreme Court, but I often stress the good-faith differences in how certain rights or protections are interpreted. One case, however, has long stood out for me as wildly off-base and wrongly decided: Kelo v. New London. The case allowed the government to seize property from one private party and then give it to another private party. There is now a petition before the Supreme Court that would allow it to reconsider this pernicious precedent. The Court should grant review in Bowers v. Oneida County Industrial…

Today, the Georgia Court of Appeals disqualified Fulton County District Attorney Fani Willis and her team in the prosecution of President-elect Donald Trump. The final collapse of the House of Willis came after months of her spending enormous amounts of time and money to try to stay at the lead of the high-profile case. Lawfare holds little value unless you are the lead warrior. For over a year, some have criticized Willis for her refusal to recuse herself. When her hiring of her former lover was first disclosed, Willis could have done the right thing for her office, the case,…

At Middlebury College, the most iconic image of the picturesque institution is its chapel, once known as the Mead Memorial Chapel. It is now simply called the Middlebury Chapel after the school stripped away the name of its donor, the late Gov. John Mead. The reason was his support of eugenics. However, in a recent brief, former Vermont governor James Douglas seemed to put the “you” into eugenics by claiming that it was the college itself that was committed to eugenics more than the governor. Built in 1916 with a donation from Mead (Class of 1864) and his wife, the…

After the election, liberal pundits and media have attempted to rally the public in a shift from X to Bluesky, a smaller site that is viewed as a safe space for the left. I have been critical of the move as a retreat deeper into the liberal echo chamber after an election that showed how out-of-touch many of these writers were with the majority of voters. They would be better served engaging with a broader swath of public opinion.  Today, one of the top Bluesky officials embraced Canadian-style speech controls and rejected more robust views of free speech as the…

Below is my column in the New York Post on the news reports that President Joe Biden is seriously considering preemptive pardons for political allies. In granting what I have called “White Knight pardons,” Biden would achieve more of a political than legal purpose. Democrats are worried about the collapsing narrative that President-elect Donald Trump will destroy democracy,  end future elections, and conduct sweeping arrests of everyone from journalists to homosexuals. That narrative, of course, ignores that we have a constitutional system of overlapping protections that has blocked such abuses for over two centuries. Ironically, preemptive pardons would do precisely…

The shooting at the Abundant Life Christian School in Madison, Wisconsin, immediately prompted renewed calls for gun control from President Joe Biden and others. As I have previously written, these calls often appear entirely disconnected from the actual crime or the constitutional protections afforded gun owners, including President Biden demanding a ban on assault weapons after a shooting with a handgun. President Biden’s call for greater background checks and enforcement was a bit incongruous after he pardoned his own son on gun charges. More importantly, the Wisconsin case only highlighted why these standard demands for gun control would not have…

Below is my column on Fox.com on the settlement of ABC News of the defamation case brought by President-elect Donald Trump. The settlement has enflamed many on the left as well as reportedly some at ABC News. However, ABC likely saw this as a no-win situation as it faced potentially embarrassing depositions. Here is the column: The late Richard J. Daley famously declared that “we as Democrats have no apologies to make to anyone.” That doctrine seems still to be alive and well with many in the party when it comes to President-elect Donald Trump. After ABC News and its…

Below is my column in The Hill on recent reports that the use of my name in search requests on ChatGPT results in an error and no response. I am apparently not alone in this haunt of ghosted individuals. The controversy raises some novel and chilling questions about the rapid rise of AI systems. Here is the column: It is not every day that you achieve the status of “he-who-must-not-be-named.” But that curious distinction has been bestowed upon me by OpenAI’s ChatGPT, according to the New York Times, Wall Street Journal, and other publications. For more than a year, people who…

A curious thing just happened in the sexual harassment lawsuit against former New York Gov. Andrew Cuomo: accuser Charlotte Bennett just dropped her claims against Cuomo despite continuing with litigation against the state over the alleged conduct of Cuomo. While the state has its own obligations as an employer, it is odd that you would drop the claim against the alleged actor himself. That is like dropping your product liability claim against Tesla while suing the electric company for powering the car. A significant number of women alleged sexual harassment against the former governor. They previously gave evidence in criminal…

Argentinian President Javier Milei has long been an irresistible target of the press and pundits.  When he came into power with his famous “Afuera” (or Out!) platform to dramatically shrink government spending. Argentina was viewed as a basket case that was well past the red line for recovery. He was mocked as a clown for seeking to apply libertarian policies on the economy. Milei may have the last laugh. After only a year, his government has wiped out the deficit and reduced inflation from 25% to 2.4%. Argentina’s monthly inflation rate slowed to 2.4% in November, the lowest in over four…

University of Illinois Accounting Professor Li Zhang is under fire this week after warning students about their “unconscious and unintentional biases” against women and minorities before they completed their evaluations. The College Fix reported on the complaint after Professor Zhang warned students at the end of last semester that course evaluations can be biased against racial minorities and women. She was challenged on the “passive-aggressive” messages received by some students. Professor Zhang’s cited study discusses there can be a gender bias in evaluations, but that a “simple intervention” that flags such bias can reduce the gap between male and female…

Babylon Bee The Scripps National Spelling Bee has triggered a controversy after adopting the alternative spelling of “women” as permissible. Students will now be allowed to spell “women” as “womyn.” Parody and reality seem to have emerged given a past Babylon Bee skit (below). The new 2024-2025 school year study lists include the feminist term “womyn” as an acceptable alternate spelling for “women.” “Womyn,” however, has itself now been criticized as offensive. While some feminists wanted to de-masculinize the word and use either womyn or womxn, transgender advocates oppose the term because it is used by feminists who exclude transgender individuals. They…

In the aftermath of the contentious Supreme Court arguments in United States v. Skrmetti over state bans on puberty blockers and gender-altering surgeries, the United Kingdom reaffirmed that it finds the risks far outweigh the benefits of such treatments for minors under the currently available scientific evidence. The move by the liberal Labour Party stands in sharp contrast with the portrayal of the Biden Administration and the treatment of the subject by the liberal justices. Justice Sonia Sotomayor was widely criticized for analogizing puberty-blocking drugs to taking aspirin. It appears that doctors in the UK are not ready to tell minors…

Almost twenty years ago, the country was outraged by allegations of an African-American stripper that she was hired and then gang raped by white Duke Lacrosse players. The story followed an all-too-familiar pattern. The media, professors, and pundits immediately treated the allegations as true and declared the crime as a manifestation of our racist society. Many demanded immediate suspensions of all of the students as the racial and class conflicts were emphasized in the media. As I wrote previously, Duke University joined the mob against its own students and discarded any semblance of due process or fairness. Now, the accuser…

We previously discussed the defamation lawsuit brought by Navy veteran Zachary Young against CNN and anchor Jake Tapper. Young has been doing well in court and last week he won on additional major issues against CNN. In a pair of orders, the jury will be allowed to award punitive damages and his experts would be allowed to be heard by the jury on the damages in the case. It also found that the Navy veteran was not a public figure and thus is not subject to the higher standard of proof associated with that status. The punitive damages decision is…

Sen. Elizabeth Warren, D-Mass., is under fire for her statement to Joy Reid on MSNBC explaining why Luigi Mangione allegedly murdered UnitedHealthcare CEO Brian Thompson. Warren explained that this was a “warning ” that “you can only push people so far.” After a public outcry, Warren walked back her statement. Yet, the statement captures the growing radicalism on the left, particularly among anti-capitalist, Democratic Socialists, and other groups. It is also notable how many of the same political and media figures who were apoplectic and unrelenting over the false claim about Trump’s “fine people on both sides” statement are largely…

 If news reports are accurate, Wild appears to have given our students a curious ethical lesson in how not to be a lawyer or legislator. Wild was fighting to release the report of the investigation into former Rep. Matt Gaetz (R., Fla.). When Gaetz decided to withdraw from Congress, the report was not released. That is when details from the committee were leaked to the media, and the press reported that “two sources said Wild ultimately acknowledged to the panel that she had leaked information.” Keep in mind that this is the House Ethics Committee, and she is a member. She is also a member of…

As Democratic politicians and pundits rush to defend President Joe Biden’s unethical pardon of his son, Hunter, the public is expressing overwhelming opposition to his abuse of office. The latest poll, by The Associated Press-NORC Center for Public Affairs Research, found that only two out of ten Americans support the pardon despite weeks of media spin. The poll shows that Biden is no longer even garnering a majority among Democrats. Only 38 percent support the pardon. As discussed in my New York Post column this week, there was an embarrassing moment recently at the White House when Press Secretary Karine Jean-Pierre claimed that…

On Monday, Rep. Marjorie Taylor Greene, R-Ga., was again the victim of a swatting call at her north Georgia home. This call, however, had a lethal difference: an officer was involved in a crash in rushing to the scene to join the bomb squad. A woman was killed. The incident will trigger a new Georgia law on swatting and raise questions over legal responsibility for such lethal consequences from such crimes. Greene has been a victim of swatting at least nine times. On this occasion, the caller made a bomb threat. The police department received the threat entitled “For Palestine”…

Below is my column in USA Today on states and cities joining the “resistance” to the Trump Administration and its immigration policies. Last week, California Attorney General (AG) Rob Bonta joined that alliance after issuing new guidance to courthouses, healthcare facilities, universities, schools, labor agencies, public libraries and shelters on opposing federal enforcement efforts. However, the costs of the resistance will be borne by the citizens of these states and cities in a confrontation with federal authority. Here is the column: Denver Mayor Mike Johnston recently became the latest Democratic leader to engage in a chest-pounding call to arms in resistance…

President-Elect Donald Trump gave President Joe Biden and his critics a major boost this weekend by stating on NBC’s Meet The Press that he believes that the entire J6 Committee “should go to jail.” Despite weeks of saying that he did not plan any campaign of retribution and “success will be my revenge,” Trump undermined those statements with the statement, which the media is now playing up as proof that he is going to unleash a vengeance campaign. Many in the media are also omitting that Trump immediately said “no” to whether he would direct either the Attorney General or the…

Below is my column in The Hill on the calls for “blanket pardons” for hundreds and even thousands of people. Despite Trump’s ill-considered statement about how the J6 Committee members should go to jail for what they did on NBC this weekend, Trump has also insisted that he wants “success” to be his revenge. Many in the media are also omitting that Trump immediately said “no” to whether he would direct either the Attorney General or the FBI director to indict or investigate. While I have been a vocal critic of the J6 Committee, I know of no crime that…

When now President-Elect Donald Trump was convicted, the thrill-kill atmosphere around the courthouse and the country was explosive, but no one was more ecstatic than liberal columnist and former prosecutor Harry Litman. The then L.A. Times columnist told MSNBC’s Nicolle Wallace that it was a “majestic day” and “a day to celebrate.” A lawfare advocate, Litman excitedly laid out how Trump could be barred from office, declaring that the raid in Mar-a-Lago was the “whole enchilada” in ending Trump’s political career. Now, Litman has resigned from the L.A. Times because the owner wants more diversity of opinion in the newspaper.…

I have the honor to announce the endowment of a new fellowship in my name. An alum of George Washington Law School’s Class of 1979 has given a gift to create  “The Professor Jonathan Turley Public Interest and Public Service Summer Fellowship.” The fellowship will support students in working with not-for-profit organizations or the government over the summer in otherwise non-paying positions. While the donor prefers to remain anonymous, I wanted to extend our thanks for this very generous gift that will benefit our students seeking to work for the public interest. I can think of no greater gift for…

We have previously discussed the controversy surrounding Hunter Biden’s art sales. Many viewed the art as another avenue for political allies to funnel money to the Bidens. That was reinforced when it was discovered that the lucrative sales heralded by Hunter’s allies were found to have been largely the results of purchases by his “sugar bro” Kevin Morris. Now, experts say that whatever value is left in Hunter’s art will likely collapse with his father’s departure — the clearest indicator of the actual value of the art for “investors.” Hunter’s art appears to be moving from an impressionistic to a…

It appears no liberal Christmas is complete without the ultimate stocking stuffer: an actual stocking to wear over your face while rioting. While not yet selling face coverings for anonymous violence, Crooked Media, co-founded by former Obama staffers Jon Favreau, Jon Lovett, and Tommy Vietor, is selling a line of Antifa items for liberals wanting to make a statement against any “Peace on Earth.” (As of this posting, Antifa items were still being sold on the “Crooked Store” site). You can now proudly wear your “Antifa Dad” hat to signal your support for political violence and deplatforming. It is the ultimate…

Supreme Court Justice Sonia Sotomayor is under fire today for seemingly dismissing medical concerns over the risks of puberty blockers and gender surgeries for minors with a comparison to taking Aspirin. In the oral arguments in United States v. Skrmetti, Sotomayor pointed out that there are risks to any medical procedure or drug. However, the analogy belittled the concerns of many parents and groups over the research on the dangers of these treatments. It also highlighted how the Biden Administration and liberal justices were discarding countervailing research inconveniently at odds with their preferred legal conclusion. The Biden administration is challenging…

Below is my column in The Hill on the Biden pardon and how it might not prove as complete a protection for Hunter Biden — or Joe Biden — as the President had hoped. Ironically, the greatest protection for President Biden in continuing investigations in the influence-peddling scandal could prove that very case that he has denounced that recognized presidential immunity for matters that arise during a presidency. Nevertheless, the action confirms the suspicion that Hunter’s bizarre criminal defense strategy may have been based on the assumption that he had a pocket pardon as insurance against any losses in court.…

Fulton County District Attorney Fani Willis and her case against President-elect Donald Trump continue to trip wires in the courts with delays and losses. The latest is a fight with the organization Judicial Watch, which won a major records fight to gain access to any communications with Special Counsel Jack Smith and the House January 6th Committee. While it is not clear what records exist, it is the type of demand that most offices fight vigorously to protect their confidentiality and privileges of deliberation. Willis, however, lost by default after failing to make a substantive argument against the claim. The…

This week, I had the great pleasure of experiencing Amelia Island in Florida as part of an event for my new book, The Indispensable Right: Free Speech in an Age of Rage.” I wanted to share a few pictures of this wonderful place, with pristine beaches and wonderful marshes lined by Spanish moss-covered trees. I am returning today to Washington to be able to join my friend and mentor, George Will, at a celebration of his legendary 50 years as a columnist. George is a national treasure who has been a voice of reason that has cut through the rage for…

California Gov. Gavin Newsom (D) is widely known to be angling to be the next Democratic presidential nominee after the implosion of Vice President Kamala Harris. This week, Newsom positioned not just his campaign but also his state as part of the “resistance” for the next four years against the Trump Administration. Newsom pushed a special session to secure a $25 million war chest to take the Trump Administration to court, even before the inauguration and release of policies by the incoming administration. I wrote earlier about how the loss of both houses, as well as the White House, will…

Below is my column in The Hill on how some Democrats are joining a diaspora of the disgruntled and despondent in leaving the country or finding safe spaces away from opposing viewpoints. It appears that nothing succeeds like secession when you lose an election. Here is the column: Democrats who campaigned on the need for “joy” and “saving democracy” are strikingly unjoyful about the results of the democratic process in 2024. Before the election, slips like the one of President Joe Biden calling Trump supporters “garbage” were immediately denied or deflected. But once voters had given the Republicans control of both houses of Congress,…

Below is my column in Fox.com on President Joe Biden’s pardoning of his son Hunter of not just his convicted crimes but any crimes that he may have chosen to commit. President Biden has set a standard that is not merely a new low but positively subterraneous for future presidents. Here is the column: President Joe Biden’s decision to use his presidential powers to pardon his own son will be a decision that lives in infamy in presidential politics. It is not just that the President used his constitutional powers to benefit his family. It is because the action culminates…

Now, Interior Minister Nancy Faeser wants the world to know that she is not, as widely claimed, anti-free speech … so she is allegedly cracking down on free speech until people change their minds. It appears that, while the liberal Scholz government may be near collapse, irony is still thriving in Germany. Faeser’s approach may seem like a variation on a Captain ordering that “the beatings will continue until morale improves.” However, in Germany’s anti-free speech politics, it makes perfect sense. Faeser recently tried and failed to shut down a right-wing publication. Conservative journalist David Bendels, editor-in-chief of the AfD-aligned…

CBC News is reporting that the Ontario Human Rights Tribunal has ordered the small town of  Emo to pay damages after failing to hoist an “LGBTQ2 rainbow flag” in celebration of Pride Month. One problem is that the town of fewer than 2000 inhabitants does not have a flagpole (though you could presumably “show the flag” in other ways). The National Post reports, that there has been a lengthy arbitration process between the tribunal and the town. In a decision handed down last week, the Human Rights Tribunal of Ontario found that Emo, its mayor, and two councilors violated the Ontario Human…

Just months after a judge dismissed Nina Jankowicz’s much-hyped defamation lawsuit against Fox, a federal district court judge in Delaware, Judge Jennifer L. Hall, has dismissed Ray Epps’s defamation lawsuit. The Jan. 6 rioter said the network falsely identified him as an FBI informant. U.S. District Court Judge Jennifer L. Hall granted Fox News’ motion to dismiss the suit. In the original complaint, Epps made a defamation per se claim and a false light claim. Epps and his wife have clearly been through a nightmare of threats and innuendo. However, this public controversy was discussed by various networks and the Jan.…

Peanut the Squirrel is back . . . at least in court. The rodent has achieved fame in the last couple of months, which few animals short of Rin Tin Tin have reached. He is certainly the most famous of his genus since Rocket “Rocky” J. Squirrel. After Mark Longo and Daniela Bittner posted cute pictures of Peanut on social media as their companion and friend, New York officials from the Department of Environmental Conservation (DEC) raided their home on Oct. 30 and seized both Peanut and a raccoon pet named Fred. They proceeded to euthanize both animals. Now the…

Happy Thanksgiving to everyone. We started the day with our annual Turley Turkey Bowl, which has been running for over 50 years. We then returned to prepare our big family feast. We served traditional fare, including turkey, stuffing, cranberries, Waldorf salad, pumpkin pies, and all the rest. We should be in a food coma in time to watch the NFL games. Our Turkey Bowl always features the Bears against Washington. I, of course, proudly coached the Bears. The game ended with a soul-crushing 24-0 loss. There were the usual allegations against the Bears coach of fixing draft selections, misrepresenting down…

Below is my column on Fox.com on the new effort to “reimagine” the resistance to Trump, including the recognition of the failure of lawfare. While some figures on the left are expressing doubts over the efficacy of weaponizing the legal system, it is doubtful that we have seen the end of it. They are only regretting that it did not work. The center of gravity of lawfare will now likely shift to the states and Democratic attorneys general and District Attorneys. “Reimagination” is rarely a form of self-examination, let alone self-criticism. That is evident in some of the most recent…

The recent election produced an outpouring of anger and angst on the left, from pledging to leave the country to not having sex with men for four years. For others, the response was to retreat deeper into the echo chamber of the left. Many liberals are leaving X for a Bluesky, which promises the censorship and monitoring that was reduced after Elon Musk’s purchase of Twitter. Despite having most of the media and social media as allies, the opposing views of X have become intolerable for many after the election. One such aggrieved user appears to be New York Times tech reporter Kevin…

Below is my column in The Hill on new evidence released by the House related to the January 6th riot. The J6 Committee fueled doubts about the official accounts by using only Democratically-appointed members and skewing the evidence. The new information further undermines the narrative pushed by both members and the media. Here is the column: On Jan. 6, 2021, the nation was rocked by the disruption of the certification of Joe Biden as our next president. With Donald Trump set to return to the White House in 2025, it is astonishing how much of that day remains a matter of intense…

Their alleged conspiracy began as early as December 2020. It continued through January 2024, using personal identifying information, including home addresses, to falsely report emergencies to provoke a police response at the victim’s home. According to the Justice Department, they used various monikers to communicate. Szabo used “Jonah,” “Jonah Goldberg,” “Plank,” “Rambler,” “War Lord,” “Shovel,” “Cypher,” “Kollectivist,” “Mortenberg Shekelstorms,” and “NotThuggin2”. Radovanovic used “XBD31,” “XDR,” “Angus,” “Thuggin,” “Thug Hunter,” “NotThuggin,” “DCL,” and “AOD.” The indictment alleges that their crimes encompassed 40 private victims and 61 official victims, including members of Congress, cabinet-level executive branch officials, and senior federal law enforcement…

We have long discussed the collapse of free speech values in France as the left criminalizes an ever-widening scope of opposing viewpoints. Conservative groups are denouncing a new such case targeting conservative media. CNEWS was fined and forced to apologize on air after a journalist referred to abortion as the world’s leading cause of death. CNEWS is owned by Catholic businessman Vincent Bolloré. Presenter Aymeric Pourbaix made the statement during a Catholic program called “En quête d’esprit” (or “In Search of Spirit.”) Whatever that search may have found in terms of spirit, it certainly found censorship. The program showed a graph…

This week, HBO delivered the corporate version of the Expelliarmus or disarming curse for the long-standing cancel campaign targeting “Harry Potter” creator J.K. Rowling. We have been discussing this campaign against Rowling, a feminist who has opposed transgender policies that she views as inimical to the rights of women. The cancel campaign against Rowling has been extreme and unhinged from blacklisting her books to even barring the playing of Harry Potter games in pubs. Even authors who support Rowling’s free speech have been targeted. Nevertheless, HBO, which has also been targeted in the past, is now saying enough. Rowling’s work…

In my book, The Indispensable Right, I discuss how free speech is in a free fall in Great Britain, where officials continue to crack down on an ever-widening array of viewpoints. Some of these actions are designated as “non-crime hate” but are still the subject of law enforcement actions. According to the Daily Mail, they now include children who have been pulled in for calling other children schoolyard names like “retard” or saying that other children smell “like fish.” According to the Daily Mail: “A nine-year-old child is among the youngsters being probed by police over hate incidents… Officers recorded incidents against the child, who…

I have previously written about the dubious investigations of the shooting of Ashli Babbitt on Jan. 6th and the alleged violation of the standards for the use of lethal force by the officer who shot her. I strongly disagreed with the findings of investigations by the Capitol Police and the Justice Department in clearing Captain Michael Byrd, who shot the unarmed protester. Now, Just the News has an alarming report of the record of Byrd that only magnifies these concerns. Liberal politicians and pundits often refer to multiple deaths from the Jan. 6th riot. In reality, only one person died…

Ali Malekzadeh, president of Chicago’s Roosevelt University, has joined the “My Bad” School of Higher Education. In criticizing the election results, Malekzadeh is only the latest academic leader first to discard core principles of neutrality and inclusion and then offer a shrugging apology.After the GOP election victories, various university presidents and academic leaders denounced the results, and some pledged to join “the resistance.”Wesleyan University President Michael Roth was, if nothing else, honest. He called for universities to openly support Kamala Harris and resist Trump.Others signaled that they were appalled by the majority of voters in this country and then asked…

Below is my column in the New York Post on the effort of Alvin Bragg to suspend the criminal case against President-Elect Donald Trump for almost five years. It would be a terrible choice for the court and for the country. Here is the column: Manhattan District Attorney Alvin Bragg pushed Tuesday to create a new constitutional creature: the layaway president. It was once common for stores to hold expensive items that you really wanted but could not make the payment. So they were tagged and kept on the shelf until you were ready to redeem your item. For Bragg,…

According to Gallup’s latest polling, support for a handgun ban has fallen to just 20 percent and support for an “assault weapons” ban has cratered to just 52 percent. Gun bans were a constant call from both President Joe Biden and Vice President Kamala Harris over the last four years. President Biden often combined the call with dubious factual, legal, and historical arguments. I previously wrote about the failure of politicians to acknowledge the limits posed by the Second Amendment and controlling case law. While there are good-faith objections to how the Second Amendment has been interpreted, the current case…

I previously criticized the American Association of University Professors (AAUP) for selecting Todd Wolfson as its new president. Wolfson is a controversial voice within the teaching academy and immediately doubled down on the bias against conservatives and those calling for greater intellectual diversity. He is now decrying the election and publicly joining the resistance to the Trump Administration. Some of us have been writing for years about the decline in viewpoint diversity and the rise of an academic orthodoxy in higher education. It is one of the focuses of my new book, The Indispensable Right. Wolfson personifies the intolerance for…

Below is my column in The Hill on the growing distemper on the left after the loss of both houses and the White House in this election. In Pennsylvania, the politics of despair has stripped away all principle and pretense. There is a concerted effort to reelect Sen. Bob Casey by any means necessary. Even the Washington Post is now criticizing the effort. “People violate laws any time they want.” Those words, shrugging off an alleged unlawful move last week, did not come from some Chicago gangbanger or Washington car thief. Those words of wisdom came from Democrat Commissioner Diane…

The hosts of The View have long fueled panic politics to support a Democratic hold on power in Washington. That includes dystopian predictions of an American Third Reich if Donald Trump were elected. Much of this hysteria has been fostered by host Whoopi Goldberg, who told ABC viewers how Trump is already committed to being a dictator who will “put you people away … take all the journalists … take all the gay folks … move you all around and disappear you.” Such fearmongering is the lowest form of political discourse, but neither Goldberg nor ABC is legally liable for…

Four Californians this week have learned a critical lesson in the bear necessities of life and larceny. Ruben Tamrazian, 26, of Glendale, Ararat Chirkinian, 39, of Glendale, Vahe Muradkhanyan, 32, of Glendale, and Alfiya Zuckerman, 39, of Valley Village are accused of a novel fraudulent scheme in which a compatriot donned a bear outfit and pretended to be a wild animal trashing their luxury cars, including a 2010 Rolls Royce Ghost, a 2015 Mercedes G63 AMG and a 2022 Mercedes E350. The four men were charged with insurance fraud for staging fake bear attacks with the bear costume after a…

President-elect Donald Trump’s nomination of Matt Gaetz as Attorney General has consumed most of the media attention in the last week. Indeed, it seems to have sucked the oxygen out of this city. The media frenzy over Gaetz and a couple of other nominations has served to brush over an appointment that should be universally praised: William McGinley as the next White House Counsel. I had the pleasure of teaching Bill at George Washington Law School, and he is ideal for this position, particularly at this critical time in our country. Bill was one of my students in first-year torts…

In my book, The Indispensable Right, I discuss how an enforced orthodoxy has replaced free speech and intellectual diversity in higher education. As suggested in prior columns, the intolerance for opposing views will only increase after the election. Democratic Rep. Seth Moulton (Mass.) has already learned that lesson after suggesting the need for greater diversity of opinion in the party and the reconsideration of issues like transgender athletic policies. The response was fast and furious, including from a department head at Tufts University. Many of us have been writing about that intolerance for years, but while belated, it is good to see a…

(MSNBC/via YouTube) Below is my column in the New York Post on the reappearance of Marc Elias in leading the effort to undo the victory of Dave McCormick in Pennsylvania. While some have distanced themselves from the controversial Democratic lawyer, Sen. Bob Casey has embraced Elias in his effort to retain the seat. Despite being sanctioned and ridiculed by courts in prior cases, Democrats continue to enrich Elias, who is the personification of the hypocrisy of some self-appointed “save democracy” champions. Casey continued on Tuesday to refuse to concede. Every candidate has a right to have all of the votes…

Democracy appears to be losing its appeal on the left. After campaigning on panic politics and predicting the imminent death of democracy, some on the left are now calling to burn the system down in light of Republicans not only taking both houses and the White House but Trump likely winning the popular vote. Some seem to believe that what happened on November 5th is a license to become a modern version of Guy Fawkes (“Remember, remember, the 5th of November; Gunpowder, treason and plot; I see no reason; Why gunpowder treason; Should ever be forgot”). Protesters after the election called…

Below is my column in The Hill on the growing calls for an organized resistance to the Trump Administration by Democratic governors and prosecutors. They may find, however, that the resistance movement this time around will be facing significant legal and political headwinds. Here is the column: The single most common principle of recovery programs is that the first step is to admit that you have a problem. That first step continues to elude the politicians and pundits who unsuccessfully pushed lawfare and panic politics for years. That includes prosecutors like New York Attorney General Letitia James and politicians like Illinois Gov. J.B.…

Below is my column in Fox.com on the response of media figures to the Trump victory on election night. The meltdown was a moment of honesty for some in revealing the bias harbored by many in the industry. That curtain pull offered a glimpse of the Great Oz that some will be difficult to unsee. Here is the column: The philosopher Friedrich Nietzsche once said, “I’m not upset that you lied to me, I’m upset that from now on I can’t believe you.” Those words came to mind as leading scientific and media figures lost any semblance of restraint or…

With women pledging to break up with their boyfriends and divorce their husbands over the Trump victory, Yale University chief psychiatry resident Dr. Amanda Calhoun is advising that it may also be necessary for your mental health to cut off your family and friends who supported Trump. In that way, you can avoid being “triggered” by opposing political views — much like Yale itself. As academics, we are dealing with the election on campuses across America. After the election, I had some valuable discussions with students who supported Harris and some who supported Trump. I wish there would be more…

This week, the students in my day (left) and evening (right) torts class received a lecture from the leading American expert on animal tort liability, Professor Luna.  Herr Professor taught subjects like animus revertendi with the insight and intensity expected from a world renown canine academic. Unfortunately, the regular teacher was quickly forgotten as students swarmed the lectern to congratulate the esteemed scholar. At 77 (in human years), Professor Luna still possesses a penetrating intellect and accessible teaching style. After her lecture, she took a nap in front of the class. Previously, the law students were able to see Professor…

The president of Harvard University’s Institute of Politics has declared that the lesson of the blowout 2024 election is not a need for greater inclusivity and balance at the school but, you guessed it, the express abandonment of nonpartisanship going forward. While many would argue that the school left neutrality behind years ago, Pratyush Mallick is calling in an op-ed for The Harvard Crimson for an official change. It would align the Institute with the building “resistance” and reject not just nonpartisanship but neutrality in its programs and grants. After the election, I wrote that people hoping for a moment of…

Below is my column in The Hill on the collapse of the lawfare campaigns against Trump. The first to go will likely be the two cases by Special Counsel Jack Smith, who became a lame-duck prosecutor at around 2:30 am last Wednesday. We are also waiting for what is likely to be a reduction or even a rejection of the Trump civil case by Attorney General Letitia James. While Democratic prosecutors are likely to continue, if not ramp up, their lawfare efforts, Trump will enter office with a fraction of the existing legal threats that have dogged him for years.…

Below is my column in Fox.com on the impact of the reelection of Donald Trump and the flipping of the Senate for the Supreme Court. The election may have proven one of the most critical for the Court in its history. Here is the column: In 1937, it was said that a critical shift of one justice in a critical case ended the move to pack the Court by Franklin Delano Roosevelt. It was said that it was “a shift in time saves nine.” In 2024, a shift in the Senate may have had the same impact. Trump’s victory means that…

Below is my column in the New York Post on the developments in the pending Trump cases. I previously wrote that, if Trump prevailed in this election, it was likely that Special Counsel Jack Smith would “not see a jury in either of his cases.” This morning, Smith is reportedly in discussions on the possible dropping of his two federal cases against the president-elect. The prosecutorial campaigns appear to be collapsing with the political campaigns against Trump. Here is the column: After years of thrill-kill prosecutions, the thrill is gone for lawfare warriors. Election Day’s greatest losers may be special…

Below is my column in USA Today on the controversy at NBC after Vice President Kamala Harris was given a cameo appearance on Saturday Night Live just days before the election. It was the latest push by media companies to put a thumb on the scale of the election. Here is the column: Will Rogers said, “Everything is funny as long as it’s happening to somebody else.” Kamala Harris’ presidential campaign can attest to the truism after the vice president appeared on “Saturday Night Live” three days before the presidential election. Make no mistake, there is nothing funny about an apparent violation…

Below is my column in Fox.com on the rising rage in this election. This week, New York Gov. Kathy Hochul added her voice to the rage and said that anyone voting for Trump is “anti American.” Despite such statements, I found a reason to be hopeful in a brief encounter on my way to New York for the election coverage. Here is the column: When President Joe Biden took the podium in his hometown of Scranton, Pa., to campaign for Vice President Kamala Harris, many expected a return to the “self-professed unifier” Biden from the 2020 election, particularly after his recent comments calling tens of…

  “Something wicked this way comes.” Those words from William Shakespeare’s “Macbeth” capture a certain dread that takes hold of some of us tasked with covering the legal elements of the presidential election. Just as Halloween ended, things in the days leading into Election Day have begun to get…well, spooky. Call it election jitters, but some of us have been here before. More than 200 cases have been filed around the country before the election this year. In the last week, worrisome elements have begun to pop up in various swing states. Over the last couple of decades, I have covered presidential…

On Bill Maher’s HBO Show on Friday, Rep. Jamie Raskin (D-MD) appeared to repeat his reservation about accepting a Trump win in the presidential election. Raskin said that Democrats will only support a “free and fair election.” Trump was widely criticized for the same position when he said “If everything’s honest, I’ll gladly accept the results.” Raskin previously said that he would not guarantee certifying Trump and that, if he wins, he may be declared as disqualified by Congress: “It’s going to be up to us on January 6th, 2025 to tell the rampaging Trump mobs that he’s disqualified. And…

Yesterday, Arizona Attorney General Kris Mayes became the latest Democratic prosecutor to suggest a possible criminal charge against former President Donald Trump. Mayes suggested that Trump’s controversial statement on Liz Cheney going to war could constitute a criminal threat. It is absurd and Mayes knows that any such charge would collapse before any remotely objective trial judge. The promise of a criminal investigation by Mayes may hold a type of thrill-kill enticement for voters, but it would constitute a major assault on free speech in criminalizing political rhetoric. I have often criticized Trump for his rhetoric and particularly his personal…

Since the “Let’s Go, Brandon” incident, the media has been repeatedly accused of reframing news or rewriting words to benefit the President or the Biden-Harris Administration. This week, the White House Press Office and various media outlets like Politico and MSNBC have been ridiculed for denying that President Joe Biden called Trump supporters “garbage.” It has created a weird dissonance as Democratic politicians denounced what the White House and many in the press denied was said. Now, the White House Press office is being criticized from a new quarter for the clean up on aisle three: the Director of White…

Below is my column on Fox.com on the expanding boycott of the Washington Post by Democratic politicians, pundits, and members of the press. The reason? Because owner Jeff Bezos wants to stay politically neutral and leave the matter to the public. In an age of advocacy journalism, the return to neutrality is intolerable. The reaction is itself revealing. In a heated meeting this week at the Post, writers were apoplectic with attacks on Bezos and alarm over the very notion of remaining neutral in an election.  One declared to the group: “One thing that can’t happen in this country is…

Recently, I spoke at an event about my book, “The Indispensable Right,” at the National Constitution Center in Philadelphia. Appearing on the panel with me was a New York University professor and one of the Facebook board members directing “content moderation.” We had a sharp disagreement over the record of Meta/Facebook on censorship, which I described as partisan and anti-free speech. Now, Congress has released the internal communications at Facebook, showing an express effort to appease Biden officials by censoring the Hunter Biden laptop story before the election. In a new report released by the House Judiciary Committee’s Subcommittee on…

“Something wicked this way comes.” Those words from William Shakespeare’s “Macbeth” capture the approach of Halloween. Traced to the Celtic festival of Samhain to mark the end of the harvest, pagans would often summon the dead. Halloween today more often summons contingency lawyers by the gross. If there is a holy holiday for personal injury lawyers it is Halloween with its mix of slip-and-falls, food liability, and costume defects. After all, what can go wrong with a holiday celebrated at night with millions in ill-fitting costumes handing out tons of foodstuffs to strangers? This year, it is already producing its…

YouTube Below is my column in the New York Post on the prestigious award given to Stanford Professor Dr. Jay Bhattacharya last week and what it has to say about those who censored, blacklisted, and vilified him for the last four years. In celebrating his fight for “intellectual freedom,” the National Academy effectively condemned those who joined the mob against him as well as the many professors who stayed silent as he and others were targeted. Here is the column: Few in the media seemed eager to attend a ceremony last week in Washington, D.C., where the prestigious American Academy…

Below is my column in The Hill on the recent poll of university professors in this election. It speaks volumes about the composition of higher education today.Here is the column:The 2024 presidential election is shaping up to be the single most divisive election in our history. The public is split right down the middle with almost every group splintering between former president Donald Trump and Vice President Kamala Harris. There is, however, one group that seems almost unanimous: professors. A new survey of more than 1,000 professors shows that seventy-eight percent will vote for Harris and only eight percent will…

This month, there is a new case on the docket after the Supreme Court granted certiorari in Smith & Wesson Brands v. Estados Unidos Mexicanos.  The First Circuit reversed a trial court that dismissed the case, alleging that the American firearms industry is legally responsible for violence in Mexico. I believe the First Circuit is dead wrong and will be reversed. However, as a torts professor, there is a question of whether the tort element of proximate cause could be materially changed in the case. Torts professors are already lining up to argue that there is a proximate cause under…

As someone who used to write regularly for the newspaper, it has been a long time since I have had an occasion to say this but . . . Bravo, Washington Post. This week, the Post announced that not only would it not endorse a candidate this year, but it would not do so in the future. Over two decades ago, I wrote a column calling for newspapers to end the practice of all election endorsements. (Yes, before all things seemed to turn on how you feel about Donald Trump). I have continued to push the press to abandon this…

In my book, “The Indispensable Right, I explore how vandalism and aggressive campus protests should not be treated as free speech but as proscribed conduct. College Fix has another example of this distinction today when a person trashed a Turning Point table on the campus of UC Berkeley. The posting shows a possible student pouring tomato juice over the group’s fliers and posters. The display promoted an event with Chloe Cole and Harrison Tinsley, who are critics of gender transitioning. The activist responds to objections from the volunteers by saying “Are you worried I’m going to stain your f**king signs as you…

This week, I wrote about polls that show the public is not buying the apocalyptic predictions of the imminent death of democracy unless Kamala Harris is elected president. Now, a new poll shatters another main talking point of pundits and the press. Democratic candidates, including Vice President Harris, have denounced voter identification laws as “Jim Crow 2.0” attacks on voters. A majority of voters have long supported these laws. According to a new Gallup poll, that majority is now a supermajority. Despite unrelenting attacks on these laws in the media, eight in ten Americans now support both laws: With less…

Below is my column in the New York Post on the growing hysteria among press and pundits proclaiming the imminent end of democracy if Kamala Harris is not elected. The predictions of mass roundups, disappearances, and tyranny ignore a constitutional system that has survived for over two centuries as the oldest and most stable democracy in the world. More importantly, the public appears to agree that democracy is under threat but appear to hold a very different notion of where that threat is coming from. Here is the column: “Democracy dies in darkness” is the Washington Post’s slogan, but can…

I have previously written about the European Union’s (EU) effort to use its infamous Digital Services Act (DSA) to force companies like X to censor Americans, including on postings related to our presidential election. This is a direct assault on our free speech values, and yet the Biden-Harris Administration has not raised a peep of objection. Now, the EU is threatening to set these confiscatory fines with reference to revenue from companies other than X, including Space X. The EU has warned Musk that it is allowed to hit online platforms with fines of as much as 6% of their…

I have the pleasure of speaking at the National Constitution Center today on free speech and my new book, “The Indispensable Right: Free Speech in an Age of Rage.” I will be speaking around 6 pm on a panel with the great civil libertarian Nadine Strossen, former head of the American Civil Liberties Union. Also joining us on the panel will be NYU Law Professor Kenji Yoshino, as we discuss Free Speech In and Out of the Courts. I hope to see some of our Philly blog community at the event! Jonathan Turley is the Shapiro Professor of Public Interest Law…

Call it the Mark of Kaine. The heated dispute between the Biden Administration and the State of Virginia just took a curious turn after Virginia lawyers released support for the effort to remove alleged noncitizens from the voting rolls ahead of the presidential election. The main witness against the Biden Administration may prove to be Sen. Tim Kaine (D., Va.) who is on the ballot this election. The Biden Administration sued to stop the removal of 6,303 alleged noncitizens from Virginia’s voter rolls before the election, which is expected to be close in the state. It relies on the National…

1910 Movie “The Girl Reporter” Below is my column in The Hill on a victory this week for citizen journalists in the Supreme Court. The most interesting aspect of the case may not be the legal reasoning but the implications of the rise of new media in this country. Here is the column: This week, there was a little-noticed order out of the Supreme Court that decided a narrow legal question with much great implications for journalism. The justices tossed a decision of the United States Court of Appeals for the Fifth Circuit that barred a lawsuit by Priscilla Villarreal.…

Kamala Harris this week faced accusations of plagiarism over multiple sections of her book, “Smart on Crime: A Career Prosecutor’s Plan to Make Us Safer.” This is not the first such accusation, Harris has been accused of lifting a story from Martin Luther King. In 1965, King described “a moment in Birmingham when a white policeman accosted a little Negro girl, seven or eight years old, who was walking in a demonstration with her mother.”  King recounted how the policeman asked the little girl “‘What do you want?’ and the little girl looked at him straight in the eye and…

In an interview with podcast host Dan Bongino, former President Trump said he “thinks” he will sue CBS after it was found to have edited an interview with Vice President Kamala Harris, only the latest such allegation against mainstream media. I hope that he will think again about this latest threat of litigation. I agree with the criticism of the media, including CBS, in the bias shown in the election. However, such a lawsuit would be legally groundless, in my view. If it is any solace, the media is doing enough damage to itself. Many have criticized CBS for its editing of the…

Today I had the pleasure of speaking at the Morristown Book Festival, a wonderful event featuring various contemporary authors. I was delighted to speak to a large gathering assembled at the historic St. Peter’s Episcopal Church. It was an impressive venue that made you feel almost ministerial in addressing the congregation. I also enjoyed meeting some of our blog contingent at the book signing for The Indispensable Right. It was a thrill to be back in Morristown, a town heavily steeped in history at every turn.  I hope that some members of our blog community might take the time to…

I will be tied up today in the Harvard debate over free speech, but I wanted to share our current traffic figures. This morning, Res Ipsa passed the 85,000,000 mark in views on the blog.  We have used these moments to give thanks for our many regular readers around the world and share our traffic data to give you an idea of the current profile of readers around the world. We do not have a running data page so these periodic postings allow our community to see the traffic profile of our blog. Because of the growth of the blog,…

Gettysburg College in Pennsylvania has been struggling for years with falling revenue and difficulty attracting applications. It has had to reduce faculty and even shutdown a historic journal to stay afloat. Students have raised the alarm of how their institution is “slowly inching toward a financial precipice.”  In the midst of this crisis, the college is now facing a new controversy after its admissions counselor and representative for Long Island and New York City went on a tirade against any supporters of former President Donald Trump as “pieces of s**t.” Lupe Lazaro previously featured on the college website as a…

Bret Baier/X Last night, millions tuned in to watch Fox’s Bret Baier interview Vice President Kamala Harris in a brief but substantive exchange. One of the most interesting aspects of the interview was the purely pedestrian view of the presidency that Harris presented in the interview. Harris repeatedly responded with “I will follow the law” while refusing to say where she personally stands on immigration, transgender athletes, and other issues. After confining interviews to largely softball forums like The View, Harris faced a serious journalist who pushed for actual answers on policies. While confined to a short time by the…

Today, I had the pleasure of debating Professor Randall Kennedy on the question “Does Harvard support free speech and intellectual diversity?” I took the opposing view. Various readers asked for a link to the debate, which is included below. Professor Kennedy and I obviously disagree about the free speech culture at Harvard as well as some questions such as the use of cancel campaigns to block speakers at Harvard.  However, I appreciate the civility and substance of the debate. I have great respect for Professor Kennedy and I believe that we were both able to fully present our opposing views…

On Thursday, I have the pleasure of debating Harvard Professor Randall Kennedy on the question “Does Harvard support free speech and intellectual diversity?” I will be taking the opposing position. Professor Kennedy is the Michael R. Klein Professor of Law at Harvard and the author of seven books, including Race, Crime, and the Law; Sellout: The Politics of Racial Betrayal; The Persistence of the Color Line; For Discrimination: Race, Affirmative Action, and the Law; and Say It Loud!: On Race, Law, History, and Culture. The debate will be open to the public. I hope to see some of our Bostonian blog community at the event.…

Former J6 Committee Co-Chair and Rep. Liz Cheney has long been criticized for her role in creating a one-sided and at times erroneous record of what occurred on January 6th. That includes editing out Trump’s call for supporters to protest “peacefully,” burying evidence on Trump’s offer to supply National Guard support for that day, and highlighting a false account of Trump in his presidential limo that was directly contradicted by witnesses. She now stands accused of unethically contacting a key represented witness to get her to change her testimony. In my view, ethical proceedings are unlikely after the disclosure of…

Below is my column in the New York Post on the recent interview of Democratic Vice Presidential nominee Gov. Tim Walz defending his record on free speech. The interview with Fox host Shannon Bream only magnified concerns over what I previously described as the most anti-free speech ticket in centuries. Here is the column: Roughly five centuries ago, a new dance first reported in Augsburg, Germany was promptly dubbed the “waltz” after the German term for “to roll or revolve.” Today, there is no more nimble performer of that dizzying dance than Democratic vice presidential nominee Tim Walz. Indeed, “Walzing” has become…

Below is my column in The Hill on the Musk mania now sweeping over the media with pundits and politicians unleashing unhinged attacks on the billionaire. In an Age of Rage, Musk is now eclipsing Donald Trump as Public Enemy No. 1. It began with his stance against censorship. Here is the column: This week, Elton John publicly renounced the Rocket Man — no, not the 1972 song, but Elon Musk, whom he called an “a**hole” in an awards ceremony. Sir Elton, 77, is only the latest among celebrities and pundits to denounce Musk for his support of former president Donald…

With the end of the Biden Administration in sight, liberal pundits seem to be striving to prove that the only difference between a lawbreaker and a law-abiding citizen is the ability to get away with the crime. Popular figures on the left from Michael Moore to Keith Olbermann are calling on President Joe Biden to commit overtly unlawful acts in his final 100 days in office, including targeting his political opponents. In one of the few statements of Moore with which I agree, he stated that this is “no joke.” It certainly is not. It is the same logic used…

Library of Congress In announcing his “Operation Aurora,” former President Donald Trump has suggested that he may use the Alien Enemies Act (AEA) of 1798 to crackdown on “every illegal migrant criminal network operating on American soil.” The plan to begin mass deportations is certainly popular with the public, according to polling. However, without a declaration of war, he will likely have to look to alternative statutory vehicles for a peacetime operation. There are novel arguments could be made in federal court, but they run against the presumed meaning of critical terms under the law. The odds do not favor…

It appears that U.S. District Judge Tanya Chutkan and Special Counsel Jack Smith are not done yet in releasing material in advance of the election. In a previous column, I criticized the release of Smith’s  180-page brief before the election as procedurally irregular and politically biased, a criticism shared by  CNN’s senior legal analyst and other law professors. Nevertheless, on Thursday, Judge Chutkan agreed to a request from Smith to unseal exhibits and evidence in advance of the election. The brief clearly contains damning allegations, including witness accounts, for Trump. The objection to the release of the brief was not…

  In prior columns, academic articles, and my book, “The Indispensable Right, I discuss the never-ending litigation targeting Jack Phillips, the Christian baker who declined to make cakes that violated his religious beliefs. Phillips continues to be the subject of continuing lawsuits despite the Supreme Court upholding his right to decline to make expressive products for ceremonies or celebrations that he finds immoral. Now the Colorado Supreme Court has dismissed an action brought by a transgender lawyer against the cake shop and its owner. Phillips has been the target of an unrelenting litigation campaign for over a decade. In 2012,…

We previously discussed the defamation lawsuit against Deadspin and writer Carron Phillips over an article claiming that nine-year-old Holden Armenta appeared at a Chiefs game in 2023 in black face. I noted in a prior column that I believed that the court would view this as a matter that had to go to a jury. It now has. Superior Court Judge Sean Lugg this week rejected Deadspin’s motion to dismiss. Phillips posted a side image of Holden at a game of the Kansas City Chiefs against the Las Vegas Raiders, showing his face painted black. The 9-year-old was wearing a headdress…

The reinvention of Vice President Kamala Harris in this election has been a thing to behold. In politics, candidates often reconstruct their records to secure votes, but Harris appears to have constructed an entirely mythical being. Once ranked to the left of socialist Sen. Bernie Sanders and viewed as among the most liberal members of the Senate, Harris has sought to convince the public that she is actually a frack-loving, gun-toting, border-defending moderate. This last week, Harris sounded like she has hired Neo as her new campaign manager from the Matrix. When asked “what do you need, besides a miracle?”…

Below is my column in The Hill on the release of the filing by Special Counsel Jack Smith just weeks before the election.  Even Judge Tanya Chutkan described the move as “irregular,” but still ordered the release. While the usual voices heralded the move, others, including the CNN senior legal analyst, denounced the release as a raw political act by the court and the Special Counsel. The problem is that it was not in the least bit surprising. “The most stupendous and atrocious fraud.” Those words from federal prosecutors could have been ripped from the filing this week of Special…

Today I have the pleasure of speaking at the Sinai Forum sponsored by Purdue Northwest (PNW) in Michigan City, Indiana. The Sinai Forum is over 70 years old and has served as a unique program to engage in a civil and substantive discussion of the issues facing every generation. I will be discussing my book, “The Indispensable Right: Free Speech in an Age of Rage.” This is the 71st forum, which has previously featured speakers like Eleanor Roosevelt, Walter Cronkite, Eli Weisel, Justice William Douglas, William F. Buckley, British Prime Minister Clement Atlee, and others. I am honored to be included in that…

Hillary Clinton is continuing her global efforts to get countries, including the United States, to crackdown on opposing views. Clinton went on CNN to lament the continued resistance to censorship and to call upon Congress to limit free speech. In pushing her latest book, “Something Lost and Something Gained,” Clinton amplified on her warnings about the dangers of free speech. What is clear is that the gain of greater power for leaders like Clinton would be the loss of free speech for ordinary citizens. Clinton heralded the growing anti-free speech movement and noted that “there are people who are championing…

There was a strange synergy recently as activists from the left and the right were convicted of fraudulent charities to benefit themselves. In our “Age of Rage,” there are many who capitalize on the times to elicit funds for different causes. Prosecutors have secured convictions in two cases where such conduct was alleged in Georgia and Nevada. In Georgia, Sir Maejor Page, also known as Tyree Conyers-Page, raised a massive amount of money in the wake of the murder of George Floyd. The Black Lives Matter activist had a checkered history including arrests for police impersonation, but was still able…

Below is my column in USA Today on the most chilling moment from the Vance-Walz debate when the Democratic nominee showed why he is part of the dream ticket for the anti-free speech movement. Here is the column: In the vice presidential debate Tuesday, Minnesota Gov. Tim Walz pulled the fire alarm. His opponent, Sen. JD Vance, R-Ohio, cited the massive system of censorship supported by Vice President Kamala Harris and her running mate. Walz proceeded to quote the line from a 1919 case in which Supreme Court Justice Oliver Wendell Holmes said you do not have the right to falsely yell fire in…

Below is my column in the New York Post on the recent remarks of former Secretary of State John Kerry to the World Economic Forum, the latest in an array of powerful American politicians warning about the dangers of free speech and calling for government controls. He joins his fellow former Democratic Presidential Nominee Hillary Clinton in reaching out to the global elite for help in censoring their fellow Americans. Here is the column: If you want to know how hostile the global elite are to free speech, look no further than John Kerry’s recent speech to the World Economic…

Andrew Weissman. We previously discussed the defamation case against NYU Law Professor and MSNBC legal analyst Andrew Weissmann. He is being sued by lawyer Stefan Passantino after Weissmann said that he coached former Trump White House aide Cassidy Hutchinson to “lie” to Congress. At the time, I wrote that “it is hard to see how Weissmann can avoid a trial.” U.S. District Judge Loren AliKhan apparently agrees. She just rejected Weissmann’s motion to dismiss the case. The controversial former aide to Special Counsel Robert Mueller (and NYU law professor) is being sued after declaring that attorney Stefan Passantino (who represented…

Below is my column in the Hill on the rough week for New York Attorney General Letitia James in court. James has campaigned on lawfare and the Democratic New York voters have wildly supported her weaponization of the legal system against Trump and others. Now some judges are balking… Here is the column: In an age of lawfare, New York Attorney General Letitia James has always embraced the total war option. Her very appeal has been her willingness to use any means against political opponents. James first ran for her office by pledging to bag Donald Trump on something, anything. She did…

[T]he quote of over $10,000 was for every officer UNM employed—thirty-three officers; nearly one for every three attendees the students expected. When TP-UNM asked why Defendant Stump intended to assign every officer to the Gaines event, and whether it was because of the speaker or the inviting organization, he responded that “it’s all based on individual assessments,” that they were looking at the “individual,” and that “there is not a criteria [sic].” He also told the students that if an organization were to screen the Barbie movie in a venue on campus, he likely would not require even a single…

In a new sign of the intolerance of our Age of Rage, liberal activists in D.C. have forced a politics-themed bar in Washington, D.C., “Political Pattie’s,” to remove the GOP political symbol from its building. The GOP pachyderm will be packed away to protect the sensibilities of Democrats. The appearance of the elephant was too triggering for liberals and boycotts were being threatened. According to The Washingtonian, “Political Pattie’s,” the red elephant was removed before the opening because it “was hurtful to the community.” No party symbols will be shown so that D.C. customers feel safe or at least satisfied in…

Author and cultural critic Fran Lebowitz added voice to the unhinged calls on the left for trashing the Supreme Court. As I discussed recently in the Wall Street Journal (and in my book), there is a growing counter-constitutional movement in the United States led by law professors, pundits, and celebrities. Lebowitz amplified those calls in a radical demand to simply get rid of the Court. Lebowitz called for President Joe Biden to “dissolve the Supreme Court” despite the fact that it would violate the Constitution and remove one of the most critical protections against executive and legislative abuse. Lebowitz insisted…

Below is my column in the New York Post on a growing crisis in higher education as enrollments and trust falls. Despite these trends, administrators and faculty appear entirely oblivious and unrepentant. They continue to alienate many in the country who view schools as pursuing indoctrination rather than education. Here is the slightly expanded column: In the 1930s, Bertolt Brecht asked “What if they gave a war and nobody came?”  As someone who has been a teacher for over 30 years, I find myself increasingly asking the same question as trust and enrollments fall in higher education. Trust in higher…

There is an interesting controversy growing over an alleged eviction by an Airbnb host in Philadelphia of Trump supporters. The conservative site Breitbart is reporting that “ballot chasers” for Trump were allegedly given an hour to clear out after the host learned that they were in Pennsylvania to get out the vote for Trump. If true, the incident raises a serious matter for Airbnb over hosts imposing political conditions for the use of their property. Once again, we have not heard the other side to this controversy. However, if these allegations are established, it raises a variation of an issue…

Below is my column in the New York Post on the indictment of Mayor Eric Adams. The most serious charges may be the foreign campaign contributions and the use of straw man transactions to gain both unlawful contributions and increased matching funds. However, some of these charges are not nearly as overwhelming as suggested by the government. That may be why they are openly threatening Adams associates to cooperate or face ruin. Here is the column: The federal five-count indictment of New York Mayor Eric Adams is on its face a damning document of alleged public corruption. The government is alleging that Turkish officials…

Kamala Harris declared in Tuesday’s debate that a vote for her is a vote “to end the approach that is about attacking the foundations of our democracy ’cause you don’t like the outcome.” She was alluding to the 2021 Capitol riot, but she and her party are also attacking the foundations of our democracy: the Supreme Court and the freedom of speech. Several candidates for the 2020 presidential nomination, including Ms. Harris, said they were open to the idea of packing the court by expanding the number of seats. Mr. Biden opposed the idea, but a week after he exited the 2024 presidential…

We previously discussed Shellyne Rodríguez , the machete-wielding former Hunter College professor. Rodríguez is back with a large following shown in a video with protesters chanting with her about “slitting the throats of the masters.”We previously discussed a videotape of Rodríguez trashing a pro-life student display in New York. Before attacking the table, she told the students, “You’re not educating s–t […] This is f–king propaganda. What are you going to do, like, anti-trans next? This is bulls–t. This is violent. You’re triggering my students.” The videotape revealed one other thing. At Hunter College, and at other colleges, it seems that trashing a…

Below is my column in The Hill on a growing crisis at the Supreme Court for Chief Justice John Roberts. A new breach of confidentiality shows cultural crisis at the Court. While the earlier leaking of the Dobbs decision could have come from a clerk, much of the recent information could only have originated with a justice. Here is the column: Chief Justice John Roberts has always been “a man more sinned against than sinning.” That line from Shakespeare’s “King Lear” seems increasingly apt for the head of our highest court. Roberts was installed almost exactly 20 years ago and soon…

California has triggered the first lawsuit over its controversial new laws that require social media companies to censor fake images created by artificial intelligence, known as deepfakes as well as barring the posting of images. A video creator is suing the State of California after his use of a parody of Vice President Kamala Harris was banned. The law raises serious and novel constitutional questions under the First Amendment. Gov. Gavin Newsom signed A.B. 2839, expanding the time period that bars the knowing posting of deceptive AI-generated or manipulated content about the election. He also signed A.B. 2655, requiring social media…

“On Megyn Kelly’s show, I was discussing the Springfield, Ohio, controversy, and, in the course of saying ‘Haitian migrants,’ I started to mispronounce the word ‘migrants.’ I began to say it with a short ‘i,’ the way you say ‘immigrants,’ instead of the long ‘i’ that you use for ‘migrants.’ I caught myself in the middle, before shifting to the correct pronunciation.” I understand that people will disagree on this. The mispronunciation was heard by some as the “n-word.” The problem is the unwillingness to consider an innocent explanation. Instead, the usual flash mob immediately formed of hyperventilating hypocrites who…

International Judo Federation (IJF) has suspended a Serbian judo champion for five months from any international competitions for making the sign of the cross after his match in the Paris Olympic games this year. It is another bizarre controversy from the games, including France barring French Muslim athletes from wearing hijabs in competition. Nemanja Majdov, 28, has been told that he was found guilty of “having shown a clear religious sign when entering the field of play.” In a statement on Instagram, Majdov  added: “in the defense letter of the disciplinary proceedings, I did not want to apologize… and of course, I…

Today I was addressing federal and state judges in Ohio on the Supreme Court, including the threatening environment faced by the justices. In the middle of the speech, the media reported that an Alaska man was arrested for threatening to assassinate six members of the Supreme Court and harm two family members. While the government has not confirmed the identities of the justices, some media outlets are reporting, that Panos Anastasiou, 76, threatened the six conservative justices. The vile threats targeted Thomas (who is apparently Supreme Court Justice 1) using racist language and lynching threats, including one reading “Hopefully N—–…

Today I have the honor of speaking to the judges and lawyers in the 2024 Ohio Judicial conference on the Supreme Court in Columbus, Ohio.  I will be discussing the last year of cases and controversies for the Court. The late Ruth Bader Ginsburg once said that “It’s hard not to have a big year at the Supreme Court.” That being said, the Court is coming off one of its most historic and impactful terms in its history with rulings on gun rights, abortion, agencies, and elections. We will be exploring the opinions, statistics, and upcoming cases. The Court is…

Benjamin Franklin once wrote “Love your Enemies, for they tell you your Faults.” Yet, Franklin might be a bit confused by his critics at the University of Pennsylvania. Anti-Israel activists vandalized his statue as a symbol of colonialism. The man who was instrumental in the Declaration of Independence against the British Empire is being denounced as an “imperial” colonizing figure. Franklin would likely fess up to any number of “faults” over the excesses of his personal life, but being an imperial colonizer would not be one of them. Indeed, he was estranged from his son, William Franklin (right), who was…

Hillary Clinton has long been one of the most anti-free speech figures in American politics, including calling upon European officials to force Elon Musk to censor American citizens under the infamous Digital Services Act (DSA). She is now suggesting the arrest of Americans who spread what she considers disinformation. It is a crushingly ironic moment since it was her campaign that funded the infamous Steele dossier and spread false stories of Russian collusion during her presidential campaign. Presumably, that disinformation would not be treated as criminal viewpoints. Speaking on MSNBC’s The Rachel Maddow Show this week, Clinton was asked about continued…

We have previously discussed Thierry Breton, the European Union commissioner who has been an unabashed leader of the anti-free speech movement in Europe.  Breton has threatened Elon Musk and others over the lack of censorship, including allowing candidates like former president Donald Trump to speak freely on his platform. For free speech advocates, Breton’s sudden and unexpected demise was reminiscent of the scene in the Wizard of Oz. Despite pledging to get Musk and his little platform too, Breton seemed to melt away faster than Margaret Hamilton after being hit with a bucket of water. Call it Bretxit. The resignation…

A poll released by the University of Chicago via the Chicago Project on Security and Threats offers a chilling account of the growing radicalism in America, particularly after the second foiled assassination attempt of former president Donald Trump, the poll found that 26 million Americans believe “the use of force” is justified to keep Trump from regaining the presidency. As discussed in my book, “The Indispensable Right: Free Speech in an Age of Rage,” we have seen an increasing level of rage rhetoric in our political system. For some, violent language can become violent action. There is a normalization that…

Below is my column in The Hill on the controversial role played by the ABC moderators in the presidential debate. Three false claims in the debate continue to be repeated in what is now our post-truth political environment. (ABC later challenged another claim by Harris on the deployment of U.S. troops). Here is the column: “You are entitled to your opinion. But you are not entitled to your own facts.” That famous line from Sen. Daniel Patrick Moynihan (D-N.Y.) remains a virtual mantra for politicians and pundits. Yet, judging from the presidential debate between former President Donald Trump and Vice President Kamala Harris, we…

It appears that the Harris-Walz campaign to embrace “joy” has taken hold among educators in L.A. The Los Angeles Unified School District (LAUSD) voted 4-3 to allow 10 schools to opt out of standardized tests and test preparation beginning in the 2025-26 school year. LAUSD President Jackie Goldberg declared the move was a blow to “corporate America” and would restore the “enjoyment of education.” We have previously discussed how schools have been dropping the use of standardized tests to achieve diversity goals in admissions. That trend continued this month with Cal State dropping standardized testing “to level the playing field” for minority students.…

Last January, I received a letter threatening me with a defamation lawsuit if I continued my criticism of Hunter Biden, including allegations of criminal conduct. It all seemed part of a “Legion of Doom” defense hatched by Biden supporters reportedly to target critics and even potential witnesses. I proceeded to write three more columns repeating the claims, but did not hear again from the Biden team. Now, it is the Biden defense that is being targeted with defamation lawsuits. IRS investigators Gary Shapley and Joe Ziegler are suing attorney Abbe Lowell over public allegations of criminal conduct on their part.…

We have previously discussed how Australia has eagerly joined the plunge into censorship and speech controls, including a court system that has repeatedly refused to protect free speech. It is now on the verge of enacting a new censorship bill that replicates the abuses under the European Union’s draconian Digital Service Act (DSA). The new bill,  the Australian Communications and Media Authority (ACMA), will radically expand the powers of the government to crack down on social platforms and citizens accused of ill-defined misinformation and disinformation. We previously discussed how Democratic leaders like Hillary Clinton called on foreign countries to pass…

The United States Court of Appeals for the Sixth Circuit handed down a major victory for free speech this week in favor of a professor challenging his treatment by the University of Louisville. In Josephson v. Ganzel, a unanimous panel ruled for Dr. Allan Josephson who was subject to adverse actions after he publicly expressed skepticism over some treatments for youth diagnosed with gender dysphoria. The decision is important because it deals with qualified immunity and reaffirms liability for the denial of free speech protections. Writing for the panel (including Senior Judge Ronald Lee Gilman and Judge Allen Griffith), Judge…

Alissa Eleanor Azar, a well-known Antifa activist, was sentenced to jail recently in Oregon after being convicted of felony riot and disorderly conduct. What is notable about the case was the journalism defense put forward by Azar, who claims that she was not a participant but press. That assertion is belied by not just videotapes of Azar assaulting members of the far-right group The Proud Boys but her long record of violence. The court rejected the journalism defense after reviewing videotapes showing Azar organizing with Antifa and then engaging in the attacks. Ironically, while arguing for press freedom, her counsel…

We have been discussing a slew of books and interviews by academics denouncing the Constitution or individual rights as a threat to democracy. The latest is Brown University Political Science Professor Corey Brettschneiderm who is warning about the “dangers of the Constitution.” It is all part of a counter-constitutional movement that is telling citizens to fear the very documents that have protected their freedoms for centuries.Brettschneider explained to the Brown Daily Herald that the constitution is not only a danger to us all, but “the traditional checks and balances don’t work, and that impeachment and the Supreme Court have failed to check…

National Public Radio has had a rough go in the last few years with declining audiences, financial shortfalls, and the recent exposure of its political bias by longtime editor Uri Berliner. However, if you tuned into the comments of NPR CEO Katherine Maher this week at the Texas Tribune Festival,  you would think that the only challenging decision for NPR is picking the design of the next pledge drive tote bag. Despite comments that were repeatedly evasive and misleading, a room full of journalists seemed to just nod like William Safire’s “nattering nabobs.” Mayer led with what many former employees like Berliner may have seen as…

Silicon Valley investor Roger McNamee this weekend went on MSNBC’s “Last Word” and called for the arrest of Elon Musk for “undermining” the federal government by sharing his opinions on X. McNamee is the latest denizen of the global elite to call for criminalizing speech to silence those with opposing views.McNamee is the founding partner of Elevation Partners and has a colorful history as a band member, a volunteer for Eugene McCarthy and a protester against Vietnam. As discussed in my book “The Indispensable Right: Free Speech in an Age of Rage”, he is like many liberal baby boomers now…

Below is my column in the Hill on the effort of Democratic officials to keep Robert Kennedy on the ballot in swing states after seeking to block actual candidates from the same ballots. It is all in the name of democracy. Here is the column: In 1968, in the midst of Democratic convention riots, Chicago Mayor Richard Daley famously declared, “The policeman isn’t there to create disorder; the policeman is there to preserve disorder.” Democratic state election officials appear to have adopted a similar approach to the upcoming election. In states such as North Carolina and Michigan, Democrats are fighting…

In the 1999, cult classic The Blair Witch Project, one character tells his friends “I could help you, but I’d rather stand here and record.” For free speech advocates, we often feel that other citizens have become passive observers as an anti-free speech movement grows around us, threatening our “indispensable right.” One of the most infamous figures in this movement has been former British Prime Minister Tony Blair, who has long been the smiling face of censorship. As the head of the Labour Party, Blair pushed through some of the early crackdowns on free speech in the United Kingdom. He…

Below is my column in Fox.com on the Hunter Biden guilty plea. The plea proved vintage Hunter Biden for all of the wrong reasons. The effort to plead guilty without admitting guilt left him looking like the most privilege person since Marie Antoinette. However, it was consistent with a bizarre criminal defense that never seemed connected to a legal strategy. In a twist on the famous tag line from Love Story, Hunter believed that being a Biden “is never having to say you’re guilty.” Here is the column: “Guilty.” That word repeated nine times by Hunter Biden in a federal courtroom in…

Below is my column in the New York Post on the sudden guilty plea from Hunter Biden in his federal tax case. It was not the plea but the timing of the plea that was the surprise. What is missing is any cognizable legal strategy in waiting until the first day of the trial to make a “naked plea” when it offered the least possible benefit to him. It was like waiting for the water to reach the deck of the Titanic before asking about swimming lessons. He was a tad late and then unsuccessfully sought to plead guilty without…

For the second year in a row, Harvard University is ranked dead last among universities and colleges on the annual survey of free speech on campuses by the Foundation for Individual Rights and Expression (FIRE). Harvard shares a score of 0.00 with Columbia University. They are followed by New York University, University of Pennsylvania and Barnard College. In my book “The Indispensable Right: Free Speech in an Age of Rage,” I discuss free speech on campuses and note that public universities could prove the last line of defense for this right. It is not that faculty members are necessarily any more protective…

I previously wrote how a Harris-Walz Administration would be a nightmare for free speech. Both candidates have shown pronounced anti-free speech values. Now, X owner Elon Musk and former independent presidential candidate Robert F. Kennedy Jr. have posted a Harris interview to show the depths of the hostility of Harris to unfettered free speech. I have long argued that Trump and the third-party candidates should make free speech a central issue in this campaign. That has not happened. Kennedy was the only candidate who was substantially and regularly talking about free speech in this election. Yet, Musk and Kennedy are…

We have previously discussed (here and here and here and here) the push for reparations in California that has been touted by California Gov. Gavin Newsom and Democrats for years. After the Democrats campaigned on the issue in past elections, I wrote a column about how this bill had come due after years of delay for study and recommendations. The legislature, however, just stamped the bill “return to sender” and shelved the two reparations bills with the reported support of Newsom. The reaction is not surprising that there has been a bait-and-switch by Democrats on the issue. Last week, the California legislature did approve proposals allowing for the…

Brazil has not just banned X (formerly Twitter) from the entire country, but citizens will now be fined $9000 a day (more than the average salary in the country) for using VPNs to access the platform. X is the main source of news for Brazilians, who will now be left with government-approved sources or face financial ruin in seeking unfettered information. The Guardian is reporting that the confiscatory fines are part of a comprehensive crackdown on efforts to get news through X, including ordering all Apple stores to remove X from new phones. The move puts Brazil with China in…

C-Span Screengrab We have previously discussed the anti-free speech views of Clinton’s former Labor Secretary, Robert Reich, who has tried to sell citizens on the perfectly Orwellian view that more freedom means tyranny when it comes to the freedom of expression. He also demanded that former president Donald Trump be banned from ballots as a “traitor” — all in the name of protecting democracy from itself. Last week, Reich wrote a column declaring Elon Musk “out of control” in his refusal to censor citizens and appeared to call for his arrest. Reich has long been a prominent voice in the…

Below is my column in the Hill on the victory of Elon Musk last week against the liberal media outlet, Media Matters. This follows similar recent victories by others against CNN and the New York Times to clear paths to trials. For those who have embraced advocacy journalism as the new model for media, a bill is coming due in the form of defamation and disparagement lawsuits. Here is the column: This week, a federal judge ruled that a lawsuit by Elon Musk against Media Matters can move forward in what could prove a significant case not just for the liberal outlet…

In my new book and prior columns I have described a “radical chic” in academia, faculty who thrill audiences with extremist rhetoric and calls for radical reforms, even revolution. The latest example comes from Arizona State University where professors laid out their dystopian vision of America, a vision that apparently can be avoided by “dismantl[ing] capitalism” and “elect[ing] a female president.” At the outset, it is important to note two things. First, the program covered by the conservative site College Fix was a small event. Second, these faculty members have every right to espouse these views and it is good…

Universities are bracing for a return of protests this term, which has already begun on campuses like Cornell. University officials are attempting to straddle the issue while facing pressure to cut off ties to Israel. The use of the two conflicting letters was revealed by a mother and daughter who had written as constituents to Rep. Wild in support of Israel. They received not one but two letters in response. In the pro-Israel letter, Wild said she was “outraged, devastated, and heartbroken” over the “vicious” Hamas attack. She pledged to “do everything I can as your representative to ensure Israel has…

I just returned from a book event in Colorado outside of Vail, Colorado. As many on the blog know, it is hard for me to visit places like Beaver Creek without hitting the trails. I have previously written about my love for Colorado and the many wonderful areas for backpacking and hikes. I wanted to share a few pictures from my hikes around Beaver Creek Mountain. There are a great number of trails around Beaver Creek, but one starts near the Hyatt Resort at the base of the mountain. The overview trail goes straight up the mountain for about 3.5…

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. The voices calling for radical change have been growing for years, including among law professors and legal commentators. Viewers now get a steady diet of figures like MSNBC commentator Elie Mystal who…