First Amendment

Why not “my fuhrer”?

Featured image At the College Fix Greg Piper has posted a mind-boggling account of the oral argument of the appeal in the First Amendment case brought by Shawnee State University Professor Nicholas Meriwether against university administrators. Piper introduces his long account this way: A public university’s lawyer bumbled his way through oral argument last week on whether his taxpayer-funded client can force a philosophy professor to address a male student with female »

Cutting back on Cuomo

Featured image Near midnight last night the Supreme Court granted temporary injunctive relief from the strictures of the edicts setting capacity limits in houses of worship in certain designated hotspots. The Court’s per curiam ruling in favor of the Roman Catholic Diocese of Brooklyn and Agudath Israel of America, limited as it is, nevertheless represents a shift in the Court’s center of gravity on the application of basic First Amendment principles to »

Talking media access

Featured image My friends at Justice and Drew on Twin Cities News Talk AM 1130 invited me to discuss the resolution of my First Amendment press access lawsuit against Minnesota Department of Health officials this morning. Drew Lee kindly clipped the audio at my request (below). I would like to note the comments of unqualified support by Fluence Media’s Blois Olson and the Minnesota Reformer‘s Patrick Coolican on the resolution of the »

Talking media access

Featured image Drew Lee has clipped the audio of my segment with him and guest host Max Rymer on Justice & Drew this morning (audio below, rest of the show available in podcast form here). Drew invited me to discuss my lawsuit seeking access to the regular Minnesota Department of Health COVID-19 press briefings from which I have been excluded since April 27. See the related post earlier today here. Unfortunately, Drew »

Media access in one state: Justice & Lee edition

Featured image Drew Lee invited me to discuss my lawsuit against officials of the Minnesota Department of Health on the 8:35 a.m. (Central) segment of Justice and Lee this morning. The show is broadcast on Twin Cities News Talk AM 1130 and also available via live stream here. I wanted Drew’s audience to have easy access to this update on the status of the lawsuit that I posted on Power Line last »

Media access in one state: A status report

Featured image I have brought a section 1983 lawsuit against Minnesota Health Commissioner Jan Malcolm and MDH press officer Michael Schommer for excluding me from the daily MDH press briefings on and after April 27. Although Malcolm contends she had nothing to do with it, my exclusion from the press briefings on that date and subsequently is undisputed. I published my sworn statement setting forth the facts of the case as I »

Judge blocks New York’s limitation on outdoor religious services [UPDATED]

Featured image A federal district court judge today issued a preliminary injunction against Gov. Andrew Cuomo and Mayor Bill de Blasio to stop them from limiting participation in outdoor religious gatherings as a response to the pandemic. The judge, Gary Sharpe (a Bush 43 appointee), emphasized that, notwithstanding the Wuhan coronavirus, Cuomo and de Blasio permitted, and indeed seemed to bless, outdoor protests following the killing of George Floyd. Judge Sharpe explained »

Media access in one state: Notes (5)

Featured image The Minnesota Department of Health originally included me in its daily press briefings upon my request from April 11 to April 27. They sent me notices with the conference call call-in information, they took my questions by email, and they provided written responses. My questions focused on the nursing home crisis implicit in the data. I wondered why Governor Walz had instituted a statewide shutdown when the crisis involved a »

Media access in one state: Notes (3)

Featured image I set forth the direct and circumstantial evidence supporting my motion for a preliminary injunction in the sworn statement posted in previous installments of this series. I am seeking to be reinstated to the daily press briefings conducted by the Minnesota Department of Health. The motion is to be heard by Judge Donovan Frank later this morning. The only contrary evidence before the court is the sworn statement submitted by »

Media access in one state: Notes on my lawsuit

Featured image I have brought a section 1983 lawsuit in federal court alleging that I have been unlawfully excluded from participation in the daily Minnesota Department of Health press briefings. I have of course reported on these press briefings in my Coronavirus in one state series. I embedded a copy of my complaint in my post on the lawsuit here. We have since amended the complaint to drop the Minnesota Department of »

You Must Comply!

Featured image The Left now tells us that silence = violence. Obviously a false statement, but what else is new? Liberals are trying to bully the rest of us into agreeing with their false narrative that white police departments are persecuting innocent blacks. Anyone familiar with the data–starting with the fact that urban police departments are anything but white–knows this is nonsense. But most people don’t know much about statistics, and anyway, »

Trump Says: Open the Churches. Now. [Updated]

Featured image A little while ago, President Trump spoke briefly to the White House press corps, announcing that the Centers for Disease Control is about to designate churches, synagogues and mosques as essential facilities. Trump says that he is directing governors to lift their shutdown orders and allow churches to operate, now. If they fail to do so, “I will override the governors.” See the first couple of minutes of this video: »

The Pushback Continues [Updated]

Featured image Around the country, citizens are fighting back against extreme and likely illegal shutdown orders. An inspiring example comes from Minnesota, where today all of the state’s Catholic bishops signed a letter to their congregants saying that they will not obey Governor Walz’s current order. Walz modified his shutdown order again today, but it still prohibits churches from gathering in groups of more than ten. A local newscaster commented: Churches can »

Trump/Barr DOJ warns California against disfavoring churches

Featured image The Department of Justice, under the leadership of Attorney General Barr, has moved aggressively to make sure that state and local measures to contain the Wuhan coronavirus do not violate the First Amendment’s guarantee of religious freedom. We discussed some of the DOJ’s actions here, here, and here. Now, the New York Times reports that Justice Department has “warned California’s governor that his COVID-19 restrictions discriminate[] against places of worship »

Trump/Barr DOJ strikes another blow for religious freedom [UPDATED]

Featured image In response to the Wuhan coronavirus, Breea Clark, the Democrat mayor of Norman Oklahoma, locked the city down. When she decided gradually to reopen Norman, the ban on churches and other houses of worship from holding religious services — as well as a general ban on “large gatherings” — remained in place. Restaurants, retail stores, and salons were allowed to reopen if they adhered to social distancing policies, but regular »

Lawsuit Challenges Minnesota Shutdown Order

Featured image Scott has chronicled life under Minnesota’s oppressive, discriminatory and ineffective shutdown regime in his Coronavirus in one state series. It has been evident for some weeks that Governor Tim Walz has achieved little beyond unemploying a half million or more Minnesotans and destroying many thousands of his state’s businesses, while allowing the devastation of Minnesota’s nursing homes. As of this afternoon, the forces of common sense are striking back. Today »

Former Virginia black-facers still don’t get civil rights

Featured image Mark Herring, a Democrat, is the Attorney General of Virginia. Like Gov. Ralph Northam, also a Democrat, Herring found it amusing to wear black face. He did so at a party in 1980. Herring still doesn’t have much appreciation for civil rights. He’s defending Virginia social distancing policies that led to the pastor of a Virginia church being cited for holding a church service. There were sixteen people in the »