Category: First Amendment

Criminal Witch-Hunting

When does the present witch-hunt atmosphere cross the line from merely deplorable into criminal? A Vermont school board may have crossed the line. They have removed a school principal from her duties, put her on administrative leave, and stated a determination that “she will no longer lead our school.” That is, they have stated an intent to remove her from her position permanently. See this press release. And what was the principal’s offense that warranted this action? She posted on her personal Facebook page, not a school page, a statement refusing to grovel in front of the Black Lives Matter movement and endorse everything they do and demand. In my opinion, this is a crime under federal civil rights law, 18 U.S.C. § 242.

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USCA9 Gets Quill-Lashing From Unanimous SCOTUS

The U.S. Supreme Court severely admonished the Court of Appeals for the Ninth Circuit today for reaching out to recast a case to present issues not raised by the parties. The opinion was unanimous, written by Justice Ginsburg. The Ninth Circuit panel, at the time of the recasting, consisted of Judges Reinhardt, Tashima, and Berzon.

In United States v. Sineneng-Smith, No. 19-67, the high court disposed of the case saying,  “we vacate the Ninth Circuit’s judgment and remand the case for reconsideration shorn of the overbreadth inquiry interjected by the appellate panel and bearing a fair resemblance to the case shaped by the parties.” In judicial-speak, that is a stern rebuke. Continue reading . . .