A Tragedy, But Don’t Blame The Algo

David French makes an emotional appeal to hold TikTok liable for the tragic asphyxiation death of a 10-year-old girl, Nylah Anderson, who took the “so-called blackout challenge.” It is, without a doubt tragic and horrible, as the facts leave no doubt.

In 2021, a 10-year-old girl named Nylah Anderson was viewing videos on TikTok, as millions of people do every day, when the app’s algorithm served up a video of the so-called blackout challenge on its “For You Page.” The page suggests videos for users to watch. The blackout challenge encourages users to record themselves as they engage in self-asphyxiation, sometimes to the point of unconsciousness. Nylah saw the challenge, tried it herself and died. She accidentally hanged herself.

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Academic Freedom Committed Suicide

More than a few captive organizations have forsaken integrity in their quest for ideological purity. Think ACLU and ABA. Now, it’s the AAUP, the American Association of University Professors. which reversed it principled position against academic boycotts. Emeritus Northeastern law prof Steven Lubet explains.

There was a time when the American Association of University Professors (AAUP) deserved its self-description as the “most prominent guardian of academic freedom” for faculty and students in the U.S. But not any longer. Continue reading →

Protecting Teachers (When They Snitch)

In the Southern District of New York, Judge Ronnie Abrams did exactly what a judge is supposed to do on a Rule 12(b)(6) motion to dismiss. She accepted the allegations in the complaint as true.

On June 9, 2022, one of Samuels’ students “threw a hard ball that hit Samuels in the head, causing a concussion.” Upon being struck, Samuels immediately reported the incident and her injuries to Defendants. Although Noah [the school’s founding principal] “instructed Samuels to not give the police any information about the student who had assaulted her,” she nonetheless began reporting the incident to the police. Samuels asserts that Noah then physically confronted her, “approach[ing] her within a few inches of her face … and angrily ask[ing] if she really wanted to get a kid involved in the criminal justice system.” In response to Noah’s alleged “attempt[ ] to prevent her from reporting the incident,” Samuels “objected” and continued to report the incident to the police officers present. Soon after, Samuels left Urban Assembly in an ambulance and the school “disabled her school email and system access.”

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Parents’ Pain And Public Policy

Whenever criminal defense lawyers talk about the constitutional rights of defendants, someone will respond by telling us we would feel very differently if it was our child who was harmed. And they are absolutely right, but irrelevant. I would do anything, sacrifice anything, for the sake of my children. What parent wouldn’t? But that’s because they’re my children. Policy must concern itself with what’s best for society, not what’s best for my children.

I can’t blame any parent for putting the welfare of his child above the welfare of society. I also can’t blame any public official for putting the welfare of society above the welfare of a child. This is a brutal thing to say, and I fully appreciate why any parent currently dealing with the harm faced by his child to reject it, to be outraged by it, but it nonetheless has to be said. Continue reading →

Short Take: Radical Tolerance

Over the past few weeks, we’ve come to learn a few things about our friends. A shocking number of dear friends, people we like and respect, people with good jobs and the degrees given by good universities, are likely to vote for Trump. Or to be more specific, are likely to vote against Kamala Harris.

It’s not that they don’t find Trump personally repugnant. They do. It’s that they fear what’s become of a nation where young people march for terrorists, obsess over race and gender and hate their nation. They do not believe that Harris will avoid pandering to the progressive wing of the Democratic Party, and see the few generic policies she’s announced, the $25,000 tax credit for first time home buyers, forgiving student loan debt and taxing unrealized gains, for example, as positive proof that she lacks the fortitude to say no to the demands of the left. Continue reading →

Court Rejects Ineffective Assistance For Using AI In Closing

Malaysian businessman Low Taek Jho wanted to meet Barack Obama, but as a foreign national, could not buy his way to a meeting through campaign contributions. So he used Rapper Pras Michel of the Fugees as his conduit, feeding Michel money to contribute to Obama. Things did not turn out as well as hoped.

On April 26, 2023, a jury convicted Defendant Prakazrel Michel (“Michel”) of ten (10) counts related to his conduct in three (3) schemes involving conduit contributions, witness tampering, and foreign lobbying. Before the Court is Michel’s  Motion for New Trial (“Motion” or “Mot.”). Michel moves under Federal Rule of Criminal Procedure (“Rule”) 33(a) for a new trial, arguing that a myriad of errors undermine the jury’s verdict.

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Seaton: Alaska Travelogue Part 4, Skagway/White Pass

Skagway is a small mining town. It’s one of the few areas in Alaska reachable by land from the United States. And it’s extremely small.

How small is Skagway? As a bus driver told me, Skagway is four blocks wide and 23 blocks deep. There’s exactly one bank, one ATM, post office, one building hosting both the fire and police departments, post box and skateboard park. There’s also one school for all grade levels. Continue reading →

Is The “Joy” About Relief Or Race?

One of the things that has been pretty darn impressive about the candidacy of Kamala Harris is how she’s avoided making her sex or gender an issue. Granted, there are plenty of others to do it for her, not the least of whom is the orange guy claiming she magically became black one day, but Harris can’t be blamed for what others say or do. Still, John McWhorter raises a very interesting point that I hadn’t considered, and McWhorter is likely one of the very few people in media who could pull it off.

‘Joy’ Is a Euphemism for a Word No One Wants to Say Out Loud

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A Sober Citizen’s Right To Be Armed

If it’s legal to smoke weed, and it’s a fundamental constitutional right to keep and bear arms, how is it possible the two combined are illegal per se? The Fifth Circuit in U.S. v. Connelly holds that they’re not, at least sometimes.

Paola Connelly is a non-violent, marijuana smoking gunowner. El Paso police came to her house in response to a “shots fired” call. When they arrived, they saw John, Paola’s husband, standing at their neighbor’s door firing a shotgun. After arresting him, they spoke with Paola, who indicated that she would at times smoke marijuana as a sleep aid and for anxiety. A sweep revealed that the Connellys’ home contained drug paraphernalia and several firearms, including firearms owned by Paola. There was no indication that Paola was intoxicated at the time.

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BLM Protests Are Not Protected Section 7 Activity

Section 7 of the National Labor Relations Act protects concerted activities “for the purpose of collective bargaining or other mutual aid or protection” in the workplace. If you squint hard enough and aren’t a slavish opponent of chaos theory, an argument could be mustered that pretty much any concerted activity by employees is protected under Section 7. After all, everything relates to everything else if you try hard enough.

Except going to Black Lives Matter demonstrations. And stunningly, this conclusion comes from both an NLRB administrative law judge and the National Labor Relations Board itself, which has rarely found any conduct by employees unprotected. Continue reading →