Europeans have failed to cherish, and now to defend, the nation-state system. Americans must pay heed.
Most Americans understand that individuals who have been subject to an authorized disciplinary procedure and have accepted their prescribed punishment shouldn’t be investigated and punished a second time for the same offense.
On April 22, University of California Berkeley law professor Sujit Choudhry filed an 11-page single-spaced grievance with the 10-member UC Berkeley Privilege and Tenure Committee.
On July 5, FBI Director James Comey delivered a prepared statement summarizing the bureau’s yearlong investigation of Hillary Clinton’s use of a personal email system during her tenure as secretary of state.
On Sept. 15, University of California, Berkeley law professor and former dean of the law school Sujit Choudhry filed a lawsuit in United States District Court for the Northern District of California alleging that the Regents of the University of California violated his constitutional rights to due process and equal protection of the laws.
The Daily Caller reports that the U.S. Court of Appeals for the District of Columbia has reinstated Lewis (Scooter) Libby’s license to practice law, eight years after he was disbarred as a result of his conviction in connection with what became known as “Plamegate.”
To the chagrin of the vast majority of professors of constitutional law, President-elect Donald Trump has promised to appoint judges to the Supreme Court and throughout the federal judiciary who believe that the Constitution’s original meaning provides authoritative guidance in resolving cases and controversies.
The idea of a “constitutional conservatism” is back in the news. It came into vogue on the right in response to the pursuit by President Obama—after his victory in the 2008 presidential election and the Democrats’ sweep of both houses of Congress—of ambitious progressive policies.
Much as administrators and faculty may dislike it, the fact is that public colleges are subject to both the First Amendment and the state legislatures that fund them. Legislators shouldn’t micromanage the campuses, but they must set some basic rules.
In an October 26, 2016, letter to the Wall Street Journal, Professor David M. Post, chair of Yale’s University-Wide Committee on Sexual Misconduct, defended the Ivy League institution’s “procedures for addressing sexual misconduct.” But his formulation betrayed him.
On college campuses, outrage over provocative speakers sometimes turns violent. It's becoming a pattern on campuses around the country. A speaker is invited, often by a conservative student group. Other students oppose the speaker, and maybe they protest. If the speech happens, the speaker is heckled. Sometimes there's violence.
Administrative law is the collection of rules governing the welter of government agencies -- ranging from the Environmental Protection Agency and Food and Drug Administration to the Securities and Exchange Commission -- that are neither legislatures nor courts but which make binding law.
The threat to free speech in the United States is by no means restricted to colleges and universities, but they have become breeding grounds, training camps, and launching pads in the campaign to curtail liberty of thought and discussion. It is on our campuses where the battle for free speech will be won or lost.
When one-fifth of college students believe it's fine to use violence to silence speech, we have a huge problem.
Only apologists determined to avert their eyes and cover their ears could deny with a straight face that higher education in America today nurses hostility to free speech.
Last week in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court threaded the needle. Whether the thread will hold is uncertain. Justice Anthony Kennedy’s narrowly crafted majority opinion protected religious liberty without impairing gay rights.
Like an individual mixed up about his convictions, a nation perplexed about its principles is prone to self-inflicted wounds. Both are likely to wander aimlessly and choose friends poorly while falling for the blandishments of adversaries. They are prone to misjudge their interests and misconstrue justice. A nation perplexed about its principles exacerbates citizens’ muddle about their convictions.
The well-documented inability of American colleges and universities to reverse the several-decades-long curtailment of free speech on campus is a matter of considerable public interest. Whether the federal government is capable of producing effective reform is another question. President Trump seems to believe Washington is up to the task.
Many in the United States worry about the erosion of democratic norms. Too few, however, exhibit concern for the steady deterioration over the last half century of the essential democratic norm of free speech.
The Supreme Court voted 7-2 this week to strike down a California law prohibiting the sale or rental of violent video games to minors.