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Tag Archives: First Amendment


Americans Could Learn From Ellen DeGeneres And George W. Bush

By Tristan JusticeThe Federalist

Comedian Ellen DeGeneres and former President George W. Bush were spotted enjoying a Sunday afternoon together watching the NFL game between the Dallas Cowboys and the Green Bay Packers in the Dallas stadium.

After the cameras televising the game put the two on screen, the moment immediately went viral with many Twitter users quick to shame the liberal comedian and television host for spending time with the former conservative president.

On Monday, DeGeneres addressed the backlash on her show, giving Americans a much needed lesson in civility, quipped with humor and humility.

“During the game, they showed a shot of George and me laughing together, and so, people were upset,” DeGeneres explained. “They thought, why is a gay Hollywood liberal sitting next to a conservative Republican president? Didn’t even notice I’m holding the brand-new iPhone 11.”

DeGeneres continued to make a point that Americans would do well to live by in an age of historic levels of political polarization saturated with contempt.

“Here’s the thing. I’m friends with George Bush. In fact, I’m friends with a lot of people who don’t share the same beliefs that I have,” DeGeneres said. “We’re all different. And I think that we’ve forgotten that that’s okay that we’re all different.”

DeGeneres analogized to having friends who wear fur, saying that while she also didn’t like it when people wear fur, it doesn’t stop the former vegan from being friends with those who do.

“Just because I don’t agree with someone on everything, doesn’t mean that I’m not going to be friends with them,” DeGeneres said. “When I say be kind to one-another, I don’t mean only the people that think the same way that you do. I mean be kind to everyone.”

The message to be kind is simple. In fact, it’s a lesson learned as children, but often appears to be forgotten in the political world as America’s growing addiction to contempt continues to sow division in a deeply divided nation.

According to a 2016 poll from the Pew Research Center, 55 percent of Democrats said they had a “very unfavorable” view of Republicans while 58 percent of Republicans held the same view of Democrats. A more recent Pew survey published in July shows 85 percent of American adults believing the “tone and nature” of our political discourse has become more negative in recent years.

The deterioration of civil discourse in America has led to the destruction of genuine relationships essential to the human condition, which, as DeGeneres explains is unnecessary. A Reuters/Ipsos poll found that 15 percent, or one in six Americans, reported that they had either stopped talking to a close friend or family member over the result of the 2016 presidential election.

It is not however, simply the restoration of American civility that will save the country from further division, but it is the eradication of contempt for one another. The country has developed a sick addiction to deeming people with different political beliefs as less than human, and not worth listening to. Perhaps even, “deplorable.” One can be civil and tolerant with another and still avoid discourse.

DeGeneres’s monologue is an important message that is so simple yet so easily forgotten in the modern political environment, but is imperative to healing the nation. DeGeneres’s speech is a good reminder for many that life should not be defined by one’s political preferences.


The Sixth Circuit Pounds Another Nail in the Coffin of the University Speech Code

The day when universities are forced to rediscover their historic role as guardians of open inquiry and debate is coming, whether they like it or not.

By DAVID FRENCHNational Review

There was a time, in the recent past, when universities were in the grip of a kind of speech-code fever. Even as recently ten years ago, after a wave of litigation striking down campus speech regulations, the vast majority of American colleges and universities still kept clearly unconstitutional speech codes on the books. They kept losing in court, yet they still couldn’t quit their codes.

Fast-forward a decade and that’s changed. Between 2009 and 2019, the portion of surveyed American universities with what the Foundation for Individual Rights in Education classifies as “red light” speech codes has shrunk from 74.2 percent to a mere 28.5 percent, and a total of 17 states have enacted some form of campus free-speech legislation. But the impulse to censor dies hard, and some schools have been nothing if not creative in their efforts to control speech without explicitly and clearly running afoul of the law. Witness, for example, the phenomenon of the “bias-response team.”

While the system varies from university to university, in general a bias-response team represents an institutional effort to identify alleged student bias and bigotry and eliminate it through some form of reeducation. Students report speech they find discriminatory or otherwise problematic, a university team investigates the “incident” — including sometimes meeting with the alleged offender — and then often creates a report describing the events. Sometimes bias-response teams can and will refer conduct to university disciplinary officials or university police if they feel more substantial punishment is warranted.

Last year, a group called Speech First filed an important lawsuit against the University of Michigan, challenging the content of the university’s bullying and harassment policy and its bias-response team’s procedures. The district court denied Speech First’s request for an injunction, holding in part that the group lacked standing to challenge the policy. Under the law, a court will not grant standing to a plaintiff in the absence of what’s called an “injury in fact,” and the question was whether the members of Speech First had suffered an “objective chill” to their free-speech rights or a mere “subjective chill.” For the chill to be objective, there must be proof that a “concrete harm” (enforcement of a statute or regulation) “occurred or is imminent.” If the plaintiff is concerned merely with the defendant’s “data-gathering activity,” and can’t meet the “concrete harm” standard, then the chill is subjective.

Make sense? To put it as plainly as possible, Michigan argued that the courts should move along — that there was nothing to see here because the bias-response team itself couldn’t punish anyone. Speech First said that actually, there was a problem, because the bias-response process itself could act as a form of punishment, and the team could still refer incidents to those with power to explicitly punish students.

Yesterday, in a decision with national implications, the Sixth Circuit Court of Appeals sided with Speech First, reversed the district court and ordered it to reconsider the group’s request for an injunction. Its ruling recognized the obvious power of the bias-response team:

The Response Team’s ability to make referrals — i.e., to inform OSCR or the police about reported conduct — is a real consequence that objectively chills speech. The referral itself does not punish a student — the referral is not, for example, a criminal conviction or expulsion. But the referral subjects students to processes which could lead to those punishments. The referral initiates the formal investigative process, which itself is chilling even if it does not result in a finding of responsibility or criminality.

This is quite right: There isn’t a student alive who wouldn’t find the bias-response team’s investigative process intimidating. But the problem extends beyond the team’s ability to refer students for punishment; it reaches to the team’s power to request a meeting with an accused student, as the court went on to explain:

Additionally, the invitation from the Response Team to meet could carry an implicit threat of consequence should a student decline the invitation. Although there is no indication that the invitation to meet contains overt threats, the referral power lurks in the background of the invitation. It is possible that, for example, a student who knows that reported conduct might be referred to police or OSCR could understand the invitation to carry the threat: “meet or we will refer your case.” Additionally, the very name “Bias Response Team” suggests that the accused student’s actions have been prejudged to be biased. The name is not the “Alleged Bias Response Team” or “Possible Bias Investigatory Team.” It is the “Bias Response Team.”

The dissent argues that Speech First did not present any evidence of actual or imminent interaction with the bias response team, but — as the majority notes — that’s the entire point of the chilling-effect analysis. When the spectral threat of government action looms, private actors will refuse to engage in any speech that could even potentially result in state investigation.

The university will now be required to defend its response team on the merits, and it is highly likely to lose. But even this standing ruling alone is likely to spawn additional litigation, including in different federal circuits. Once again, universities will find themselves on the defense — at least until the day comes when they at long last rediscover their true historical purpose, to serve, in the court’s words, as “guardians of intellectual debate and free speech.”


Big Tech Censors Strike Again

Think corporate suppression of speech isn’t a problem? Think again. Silicon Valley is just getting warmed up in its efforts to shape public opinion for the 2020 elections.

By Edward RingAmerican Greatness

YouTube on Monday banned three more independent commentators: James Allsup, “The Iconoclast,” and “Way of the World.” Their crime? Outspoken defense of Western Civilization, which apparently now is considered “hate speech.” Taken together, the videos posted by these three commentators had been watched more than 100 million times.

The most prominent of the newly banished, James Allsup, had over 450,000 subscribers. Thanks to this latest move by YouTube, America’s de facto Ministry of Truth, nearly a half-million Americans now have less reason than ever to believe their First Amendment rights will be respected, or, by extension, any of their constitutional rights.

Do the masters of YouTube fear “right-wing extremism?” Then they need to stop taking extreme measures that provoke extreme resentment. They need to stop engaging in fascist censorship.

For those of us who have never considered ourselves extremists, and who don’t necessarily agree with everything Allsup and these other banished commentators ever did or said, this is nonetheless a matter of principle. It is intolerable to let private business interests lobotomize our collective consciousness in pursuit of their corporate political agendas. That should not be happening here, in a nation that considers freedom of speech to be one of its fundamental principles.

One independent commentator who hasn’t yet had his tongue ripped out by the YouTube overlords, Vincent James, posted a scathing reaction to this latest act of corporate censorship:

The CEO of YouTube recently came out and talked about how they have an obligation to bring you the news, how they have an obligation to push down fake news and prop up authoritative news sources, and this sounds a lot like a publisher, and not like a platform.

Later in his video, James elaborates:

This is a matter of free speech in a new public town square that is the internet. There is no soapbox in the middle of the town square any longer, “town square” is social media. These social media companies have gotten by far too long with this protection and immunity by the federal government for what their users post.

There’s a whole community of people who smoke meth and film themselves on YouTube. This is illicit material, and those videos aren’t being taken down. If YouTube and Facebook and Twitter and all these different media companies were responsible for the content we post, they would be sued into absolute bankruptcy a long time ago. They have this blanket immunity from the federal government because they promote themselves as platforms, as a blank piece of paper where anyone can post anything as long as it follows the law of the land where they reside.

The law of the land in the United States does not include hate speech, as a matter of fact the supreme court has ruled on this multiple times unanimously. The “hate speech,” the “unpopular speech,” is the speech that needs to be protected the most.

Many free speech advocates may disagree with some of the commentaries Vincent James has offered, but he is absolutely right about the First Amendment, and he is absolutely right about these social media companies. They are either platforms or they are publishers. They cannot be both at the same time. This is a matter that requires executive action, or an urgent court battle, or legislative remedy. Don’t hold your breath.

Myriad Varieties of Censorship

Silencing online commentators takes many forms. They can be completely terminated, which is something occurring with increasing frequency. But they can also be deboosted, or shadowbanned, where the traffic to their sites is reduced.

Some of the ways this is done are through manipulated search results, removal from “recommended videos,” removal from trending topics, or by throttling down their bandwidth. Sites can also be demonetized, where ads are no longer served onto their pages, or, even more insidiously, partially demonetized, where ads still arrive, just fewer of them.

Unwanted commentators can also be attacked by throwing them off of subscription platforms such as Patreon, or even by expelling them from the payment processors such as PayPal.

Anyone who doesn’t think this is happening, and happening disproportionately to conservatives, is ignoring a mountain of evidence. Here, compiled by Vincent James, is a list of websites that have been censored by the social media companies. Here, published earlier this year by American Greatness, is a similar list of politically incorrect vloggers, and here is a list of politically inconvenient climate information websites.

There are alternative platforms, at least until the SJWs apply enough pressure to those to make them engage in similar censorship. BitChutenow hosts James AllsupWay of the World, and The Iconoclast. But BitChute is buggy, slow, and has a bad search engine. Its global Alexa traffic ranking is 3,790. Think that’s good? YouTube ranks second, right after Google.

BitChute will improve. But it is a fantasy to pretend these alternative platforms will challenge the monopolistic reach of Google’s search algorithms or YouTube’s videos. They will be stigmatized as a right-wing ghetto, and they will barely show up on search results. As a result, they will not offer the viral, serendipitous discovery to open-minded virtual wanderers.

How many of us found many of these powerful alternative voices by accident? Unless the monopolies, who reach everyone, change their ways, that will never happen again.

Undermining the Spirit of the Constitution

When principles as fundamental as the First Amendment are violated, there are consequences. The immediate consequence is a rising fury and potential radicalization of every American who is watching this travesty unfold and sees the injustice, and sees either indifference or active misrepresentation coming from the establishment media and establishment politicians.

The more far-reaching consequence is the fact that if this isn’t stopped, right now, and reversed, moderate conservatives and moderate nationalists will develop increasing sympathies for their more extreme counterparts.

Why wouldn’t they? Every shred of content coming out of the mainstream media and entertainment, social media, corporate marketing, academia, K-12 public education, and nonprofit advocacy groups is globalist pablum. It’s sickening to watch, and now, we are expected to tolerate censorship of alternative voices found online?

An article published last month by the BBC comes embarrassingly close to revealing the motives behind escalating online censorship. Security correspondent Gordon Corera writes: “The more mainstream these narratives become, the greater the tension will be over whether they really are extreme or whether they represent acceptable political discourse, and the views of a substantial number of real people.”

A True Threat to Election Integrity

“These narratives.” That is the threat. What if “real people” don’t want open borders? What if they would like the facts, not a bunch of skewed BS, regarding how immigration policies affect the economy and social cohesion? What if they want balanced opinions, or just want to hear the other side for a change, on the issues of multiculturalism, race, feminism, gender “equity” and social justice? What if “real people” sometimes find an unrepentant critic of identity politics to be a breath of fresh air? What if they believe there should be a robust and honest debate over globalism, or over climate change?

Everyone knows what these social media companies are doing. They are trying to influence public opinion in favor of a globalist progressive agenda. No national borders. Anti-racist racism. Anti-sexist sexism. Gender “fluidity.” Corporate socialism. And of course, “Trump is Hitler.”

It’s working. But they must stop. Because if they do not stop, there will be a credible case to be made that the upcoming 2020 election results are not legitimate. Remember how the Democrats made that claim in 2016, because Russian “bots” allegedly swayed a few thousand votes? Determined social media manipulation of the entire online public square will affect millions of votes.

YouTube, and all the rest—back off.


The Unlawful Campaign Against Chick-fil-A

By the Editors • National Review

In the past two weeks, two different airports have blocked Chick-fil-A from the premises. First, the city council of San Antonio banned the chain because, in the words of councilman Robert Trevino, “everyone should feel welcome when they walk through our airport.” Then, two weeks later, a New York Democratic assemblyman, Sean Ryan, announced that the Buffalo airport food vendor was prohibiting Chick-fil-A from operating in its food court. Ryan was explicit about the reason, declaring in a statement that “the views of Chick-fil-A do not represent our state or the Western New York community.”

The immediate justification for the bans was a ThinkProgress allegation that the Chick-fil-A foundation supported “groups with a record of anti-LGBTQ” discrimination.” ThinkProgress was resurrecting a 2012 controversy over Chick-fil-A contributions to an affiliated foundation that gave grants to conservative Christian groups, including groups that opposed same-sex marriage, and over comments by Chick-fil-A president Dan Cathy supporting the traditional, biblical definition of marriage. There was no allegation that Chick-fil-A discriminated against gay customers or gay employees.

In 2012, a wave of Democratic city officials, including the mayors of Boston and San Francisco, threatened to block Chick-fil-A from opening restaurants in their cities, and Chick-fil-A’s customers responded with Continue reading


Mark Zuckerberg’s Plan For The Internet Would Be A Disaster For Free Expression

By David Harsanyi • The Federalist

In a recent op-ed, Facebook founder Mark Zuckerberg implored the state to get more involved in governing the internet. “Every day, we make decisions about what speech is harmful, what constitutes political advertising, and how to prevent sophisticated cyberattacks,” he began. “These are important for keeping our community safe. But if we were starting from scratch, we wouldn’t ask companies to make these judgments alone.”

For starters, there’s no such a thing as “harmful speech.” There might be speech that offends us. There might be speech we disagree with. There’s also speech that’s inarguably ugly, dishonest, pornographic or despicable. “We” allow these unpleasant words to go largely unregulated because we value the broader liberty of being able to offer opinions without government censors dictating which thoughts are acceptable.

But if Zuckerberg wants to rid his platform of this “hate speech,” no one is stopping him. Facebook allegedly employs a number of new mechanisms to achieve this very task. Good luck.

But Zuckerberg also claims that “we,” as society, now have a special responsibility to facilitate his efforts to keep people “safe” from reprehensible rhetoric. We have no such obligation. Facebook already offers users the ability to block or Continue reading


Nancy Pelosi’s Threat to Free Speech

By Rich Lowry • National Review

The same Democrats outraged by Donald Trump’s alleged offenses against the First Amendment passed, as their first priority, a speech-restricting bill opposed by the American Civil Liberties Union.

Trump shouldn’t call the media “the enemy of the people” or inveigh against Jeff Bezos for owning the Washington Post, but Nancy Pelosi’s H.R. 1, which passed the House last week, is the true affront to the Constitution.

The wide-ranging legislation purports to reform campaign finance with a series of vague, sweeping measures that will act to chill speech when they don’t actively regulate or squelch it. H.R. 1 is called the For the People Act but would be more aptly titled the Be Careful What You Say, It Might Be Illegal Act.

Progressives can’t abide the notion that people in this country get together to spend money on advocacy outside the purview of the government — in other words, freely promote their favored causes as befits a free people living in a free country.

H.R. 1 cracks the whip. As the Institute for Free Speech points out, the current campaign-finance rules limit expenditures that expressly advocate for the election or defeat of a candidate, or refer to a candidate in public advertising shortly before an election. The idea is to have clear rules so groups can promote their views without fear of running afoul of federal regulations.

H.R. 1 blows this regime up. It seeks to regulate any speech at any time that “promotes or supports the candidate, or attacks or opposes an opponent of the candidate,” a fuzzy standard that could catch up all manner of nonelectoral messages (e.g., “Trump’s tariffs are a mistake,” or “Support Trump’s wall”).

H.R. 1 also widens the definition of coordination between a group and a candidate to encompass almost any communication. It’d still be permissible to discuss a candidate’s position on an issue, so long as there is no talk “regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities.”

Even if a group doesn’t coordinate with a candidate under this loose standard, it could still be deemed to have coordinated if it were founded by someone who goes on to become a candidate; relies on the professional services of someone who also did work for a candidate; or is run by someone who had conversations about a campaign with the relative of a candidate.

On top of all this, H.R. 1 goes after the privacy of donors to advocacy organizations. It mandates the disclosure of the names and addresses of donors giving more than $10,000 to groups that engage in “campaign-related disbursements.” Given our toxic political environment, this would potentially subject the donors to harassment and abuse, and they might not even be aware of or support the communications in question.

Supporters of H.R. 1 say it is necessary to rein in super PACs, the frightening-sounding organizations that aren’t as unregulated as everyone believes (the Federal Election Commission gets reports of their expenditures and contributions). But, as the Institute for Free Speech notes, the bill affects a much broader array of “trade associations, unions, business groups, and advocacy organizations, such as Planned Parenthood and the National Right to Life Committee.”

Love them or hate them, these groups are part of the warp and woof of American public life, and they shouldn’t have to think twice before engaging in acts of persuasion that enrich and enliven our democracy, not corrupt it.

The Supreme Court has long put an emphasis on bright lines in its campaign-finance jurisprudence exactly to avoid a chilling effect on advocacy. It has said that laws must be “both easily understood and objectively determinable.” The campaign-finance provisions of H.R. 1 are neither.

What H.R. 1 makes abundantly clear is that the foremost threat to the First Amendment are the people who believe that there is something untoward about unregulated political speech and seek to bring it under control.


Publishers, Not Trump, Endanger Free Speech

By Kyle Smith • National Review

The First Amendment has never been stronger. Yet freedom of speech is under dire threat. Both of these things can be true, and both are.

The kinds of corporations that frequently proclaim their dedication to the First Amendment — and are quick to denounce President Trump’s taunts of the media — are doing something Trump has not done and will not do: muzzling writers. Publishers are presenting authors with contracts containing clauses that essentially say, “We will cut you loose should a Twitter mob come after you.” It’s a revolting, shameful trend.

As Judith Shulevitz writes in the New York Times, Condé Nast, publisher of The New Yorker, Vanity Fair, and many other magazines, recently started burying in its standard writers’ contracts a landmine. If the company should unilaterally rule that the writer has become “the subject of public disrepute, contempt, complaints or scandals,” the publisher can void the contract. Shulevitz mislabels such stipulations “morality clauses.” To paraphrase Mae West, morality has nothing to do with it. “Cowardice clauses” would be nearer the mark. Continue reading


The New NAFTA Trade Deal Lets Big Tech Squelch Conservative Speech

By Jeremy Carl • The Federalist

Less than two weeks ago, President Trump signed the U.S.-Mexico-Canada Agreement intended to be the successor to the North American Free Trade Agreement, which Trump has attacked for decades. The White House says the agreement will “better serve the interests of American workers and businesses” and “includes the strongest digital trade … provisions of any United States trade agreement.”

Unfortunately, an obscure article in one provision of the agreement only serves the interests of the largest tech monopolies by granting them special privilege to censor conservatives. Congress should demand the removal or amendment of this article before giving consent to confirm section 230.

How did this happen? Big Tech lobbyists orchestrated the quiet insertion of a seemingly innocuous provision (Article 19.17) into the deal that is based on Section 230 of the Communications Decency Act. Continue reading


The Left’s Diversity and Tolerance Veneer

by Ben Domenech • The Federalist

The firing of Kevin Williamson from The Atlantic on the day he was set to give an opening Q&A in their offices was sadly unsurprising given the pattern of these types of hires. It is an incident that will be referred to largely as a “media story”, meaning that Williamson is not a figure so prominent nor The Atlantic a brand so ubiquitous as to graduate this to a national story, in the way that the situations of Brendan Eich at Mozilla or James Damore at Google became national cable news stories. But they really are the same story, a story about the times that we live in and the changing nature of America. They tell a story about what happens when a talented individual has deeply held beliefs those in his profession find unacceptable.

This story is a predictable continuation of the left’s ownership not just of media but indeed of all institutions. It is depressing. It is predictable. And it is where we are as a country now. It is not confined to the realm of ideas. Eich, Damore, Williamson and others are subject to blacklists and HR reports and firing in every arena of industry and culture. If you have wrongthink, you will not be allowed for long to make your living within any space the left has determined they own – first the academy, then the media, then corporate America, and now the public square. You will bake the cake, you will use the proper pronoun, and you will never say that what Planned Parenthood does is murder for hire, and should be punished as such under the law.

Imagine what the few lonely voices that inhabit a position at a prominent publication or network to the right of Hillary Clinton on social issues if their hiring was taking place right now. Imagine what Ross Douthat would be going through if the Times hired him today (recall he was at The Atlantic before that). Continue reading


The Hate-Speech Temptation

By Douglas Murray • National Review

It’s much more comfortable for those in power to go after amorphous concepts than to address real-world issues.
At the start of January this year a new law came into effect in Germany. The “NetzDG” law allows an un-named and unknown collection of government agencies and tech companies to police the Internet and remove content deemed to be “hateful” or otherwise deemed to constitute “hate speech.” Around the world politicians from other nations are looking at these laws with envy.

Of course, the whole notion of “hate speech” should warrant far more suspicion and push-back than it has done recently. Incitement to violence is already illegal in most countries. As are credible threats to kill someone. But “hate speech” brings a high bar down several pegs. And the problem with it is not only that it attempts to read purpose and imagined consequences into words, but that it inevitably comes framed to give ideological protection to whoever wields power at a particular point in time.

The temptation is obvious. In Germany “hate speech” can include words that are true and which are accurately critical or even merely descriptive of terrible events that are going on: particularly events that have followed from Angela Merkel’s open-borders policy of 2015. Doubtless the crack-down on her online critics is comfortable for Merkel and the government she has finally managed to assemble. But you have to have a remarkably short political memory to think that banning words that accurately describe situations is a wise way to try to order society. Continue reading


Law Students Labeling Christina Hoff Sommers ‘Fascist’ Is What’s Wrong With Our Campuses

By Nicole Russell • The Federalist

The Federalist society at the Lewis and Clark Law School invited Christina Hoff Sommers, scholar, author, and outspoken critic of feminism to speak Monday, and student groups quickly organized to get her invitation rescinded. When that didn’t work, protesters gathered inside and outside the venue, accused her of being a fascist, and Sommers’ actual speech was cut short, due to protestors’ interruptions and heckling.

The fact that law school students, acting more like social justice warriors than thoughtful scholars, would falsely label Sommers as a fascist, yet prohibit her from speaking at a venue, is a bad sign about the future of our public discourse and the right of free speech. Apparently it needs to be said that Christina Hoff Sommers is not a fascist. She isn’t. Continue reading


New College Student Survey: Yes, Speech Can Be Violence

By David French • National Review Online

If you follow free-speech controversies for any length of time, you’ll understand two things about public opinion. First, an overwhelming percentage of Americans will declare their support for free speech. Second, a shocking percentage of Americans also support censoring speech they don’t like. How is this possible? It’s simple. “Free speech” is good speech, you see. That’s the speech that corrects injustices and speaks truth to power. That other speech? The speech that hurts my feelings or hurts my friends’ feelings? That’s “hate speech.” It might even be violence.

A new survey of college students demonstrates this reality perfectly. Conducted by McLaughlin & Associates for Yale’s William F. Buckley, Jr. Program, the survey queried 800 college students attending four-year private or public colleges, and the results were depressingly predictable. Continue reading


No, George Ciccariello-Maher Doesn’t Believe in Academic Freedom

By Theodore Kupfer • National Review Online

George Ciccariello-Maher is suddenly worried about academic freedom. Before now, the concerns of the associate professor of politics at Drexel University trended mainly to spreading the gospel of the Bolivarian Revolution, the disaster that has reduced Venezuela to penury and violence. Ciccariello-Maher writes books with titles such as “Decolonizing Dialectics” — Marx was white, after all — and articles for Jacobin asserting that “the only way out of the Venezuelan crisis today lies decisively to the Left.” It’s a faith-based creed, and he is most comfortable evangelizing in the classrooms at Drexel.

He also stumps online for the proletariat. Last Christmas Eve, Ciccariello-Maher, striving to goose the bourgeoisie’s Yuletide mood, tweeted: “All I want for Christmas is White Genocide.” That attracted the gimlet eye of Drexel administrators, who issued an official statement calling the comments “utterly reprehensible.” Continue reading


The Latest ‘Hate’ Smear Target Is a Civil-Rights Group

By Edwin Meese III • Wall Street Journal

The headlines were both inflammatory and untrue: “Attorney General Jeff Sessions Criticized for Speaking to ‘Hate Group,’ ” reported NBC. Reports from ABC and other major news outlets used similar language. Readers might be surprised to learn that the group in question is the Alliance Defending Freedom, a respected civil-rights law firm.

So where did this scurrilous charge originate? With the Southern Poverty Law Center, which labels the ADF a “hate group.” The designation had nothing to do with the law firm’s policies or behavior. It’s just that the SPLC objects to its traditional views on the Constitution, the First Amendment and the meaning of marriage. No responsible media outlet should parrot the SPLC’s hate list without seeking to understand not only its motives but also the consequences of spreading false charges.

I have personally known the ADF’s founder, Alan Sears, and its president, Mike Farris, for decades. Each has committed his life to fighting for justice, the rule of law, and a better future for all Americans. When I was attorney general in the 1980s, Alan worked for the Commission on Pornography, fighting for stronger laws against obscenity while protecting the First Amendment. Continue reading


Hate speech is free speech, Gov. Dean

By Glenn Reynolds • USAToday

The former governor showed himself to be a constitutional illiterate on Twitter.

I tell my constitutional law students that there are a couple of statements that indicate that a speaker is a constitutional illiterate who can safely be ignored. One is the claim that the Constitution views black people as ⅗ the worth of white people (actually, it was all about power in Congress, with slaveowners wanting black people to count 100% toward apportionment so that slaveowners would get more seats in Congress, and abolitionists wanting them not counted at all so that slaveowners would get fewer seats in Congress; the ⅗ compromise was just that, a compromise).

The other hallmark of constitutional illiteracy is the claim that the First Amendment doesn’t protect “hate speech.” And by making that claim last week, Howard Dean, former governor of Vermont and Democratic presidential candidate, revealed himself to be a constitutional illiterate. Then, predictably, he doubled down on his ignorance. Continue reading


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