The First Amendment had a pretty good week. In Matal v. Tam the United States Supreme Court unanimously held that a federal law prohibiting "disparaging" trademarks violated the First Amendment. Though the eight voting justices broke into two groups of four taking slightly different paths, their language was equally blunt. From Justice Alito: The Patent […]
I've got a piece up at NRO about about how nobody — even Trump-haters like me — should be comfortable with federal prosecutors' broad power to catch people not for underlying misconduct, but for reactions to the investigation.
Last night a popular alt-right troll disrupted a controversial modern production of Julius Caesar staged with a Trumplike figure in the lead role. Some people are incensed at this production and arguing that it depicts and encourages the assassination of Trump himself, and that fury has built to the point that random theaters with "Shakespeare" […]
The LA Times ran my column about cliches and slogans that obscure the free speech debate. Kudos to the Times for making me sound like even more of a choad with the headline.
You may recall that we had a co-blogger named Clark. Clark left us at the end of 2015. Since then, Clark has stood by, approvingly, while others have asserted that he was kicked out/expelled/purged from the blog. Recently, he said so himself: Clark's being deceitful. I've put up with it for some time, but for […]
Friday I wrote about Anthony Weiner's federal plea to transferring obscene material to a person under 16, and offered some comments on how it was unusual and notable. Since then, a site called "Who What Why" has published a story claiming that the minor in the case was 17, not 15, and that she initiated […]
Oh Ken . . . . What. I have . . . . [giggles uncontrollably] Oh Lord save me. I have a question about WEINERS. Is there any hope I can get a foil who's not twelve? Don't be an old grouch. Can you explain Anthony Weiner's guilty plea? Ugh. Why? It's tawdry. People are […]
More than a decade ago I stood next to my client, a fourth-grade-educated immigrant using a Spanish interpreter, as a federal judge explained epistemology to him at length. The road to this moment was rocky. The client had previously attempted to plead guilty to possession of heroin with intent to distribute. Midway through his previous […]
So Sunday my wife and I were returning from our anniversary trip to New York. Things started badly — first leg of the flight home diverted to Pittsburgh because of mechanical problems, thrust onto a flight to Philly without (initially) enough room for us, split apart on that flight, running across the Philly airport to […]