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Tuesday, November 30, 2021

Random law stuff

Nothing hold these together other than law and personal interest:

• Pennsylvania is seeking cert in the Cosby case. I wrote in July that the case offered some nice independent-and-adequate issues. The state court cited both state and federal cases and it is not entirely clear whether the grounds for decision was the 14th Amendment or its state counterparts. I still do not think the Court will touch it, but I expect some briefing on the I-and-A issues.

• NBA player Enes Kanter Freedom, who has run into problems for his opposition to the current Turkish government, appeared on Tucker Carlson to tell Americans to "keep their mouth shut and stop criticizing the greatest nation in the world and they should focus on their freedoms and their human rights and democracy." So two bits of irony, if not chutzpah. First, is the difficulty of focusing on freedoms and democracy by declining to exercise the most basic freedom and the one most central to democracy. Popehat compared this to the view that freedom is like your grandmother's slip-covered  sofa--not actually to be used. Second, it appears Carlson does not believe all basketball players should shut-up and dribble--some are allowed to speak out on public issues; guess which athletes and which issues.

• Any journalist not named Chris Cuomo would at least be suspended, if not summarily fired. If, as I expect, he screams "cancel culture," we will know that the term has lost whatever minimal meaning it had (and it already had none). Because it will be wielded to defend professional misconduct--breaking the ethical rules and employment agreements that guide the profession.

Posted by Howard Wasserman on November 30, 2021 at 09:06 AM in Howard Wasserman | Permalink

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