Category: First Amendment
Ivory Towers and the Volume of Women
Some years back as closing time crept up about half-a-dozen of us were still hanging out at the local dive….
My court fight over DEI at Arizona State isn’t culture-war noise
“Who will rid us of this meddlesome philosopher?”
Arizona State University hopes the Arizona Supreme Court will. I’m confident that my case against required diversity, equity, and inclusion training raises issues far larger than one professor or one ideological program. Fundamental questions about employee rights, public accountability, and the rule of law hang in the balance.
If I succeed in showing that ASU bears legal responsibility — and that employees can hold it accountable — the implications reach far beyond one HR program.
Why would the largest state university in the country defend mandatory DEI training in court? Why would it spend thousands — likely tens of thousands — defending its “inclusive communities” training, a program that teaches employees about the alleged moral and social failures of “whiteness” and “heteronormativity”?
The answer defies common sense. Yet ASU presses forward. In doing so, it has turned what many dismiss as a culture-war skirmish into an employment-rights case with statewide consequences.
Most people hear “DEI” and instantly map the political lines. This case deserves a different reaction. Required ideological training should make any employee — left, right, or indifferent — pay attention.
First, the training relies on racial essentialism. It instructs ASU employees to view themselves and others primarily through skin color, then assigns moral weight and collective guilt on that basis.
Second, it attacks traditional Christian moral teaching, especially marriage as the union of a man and a woman.
Either flaw should have pushed administrators to retire the program long before I raised formal objections.
A third issue should unite every employee, regardless of where they stand on DEI: ASU treated this as an employment matter. The university did not admit error, revise the program, and move on. It hired Perkins Coie to defend racial essentialism. Yes, Perkins Coie — the firm widely associated with the Hillary Clinton-era Steele dossier controversy. ASU employs a full team of in-house attorneys. Why pay a nationally prominent and politically charged firm to defend a training program many already viewed as controversial — and, I argue, unlawful?
ASU’s posture gets stranger. The university has since taken down the required training, yet it continues paying lawyers to defend it in court. When this ends, Arizona lawmakers and taxpayers will want a number: How much did ASU spend on legal fees, and which administrators approved the contracts?
RELATED: Feds probe ASU for racial bias — will other universities be held accountable?
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ASU’s legal strategy aims at dismissal. The university claims I lack standing. Put plainly, ASU argues that an employee cannot hold his public employer accountable for violating state law. At that point, the dispute stops being about DEI and becomes about every employee in Arizona. If ASU wins at the Arizona Supreme Court, employees across the state lose a crucial tool for legal accountability.
Professors to my political left may sneer at my critique of DEI. They should still worry about the precedent.
Imagine a scenario pulled from their nightmares: A future administration takes over ASU and imposes mandatory ideological training from the opposite end of the political spectrum — required ICE-themed training, or MAGA-themed training. If that training violated Arizona law, those same professors would demand the right to sue. ASU’s argument would bar them. This case concerns enforceable employee rights, not just contemporary politics.
ASU’s first bid to dismiss the case failed. A lower court rejected the university’s argument. ASU appealed, and the appellate court sided with the university. That posture put the case on a path to the Arizona Supreme Court.
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Two facts matter here. The Arizona Senate and the state representative who authored the law I claim ASU violated have filed an amicus brief supporting my position. Their message is simple: A public employee has standing to hold a public employer accountable for breaking the law. The statute prohibits the kind of racial blame and collective guilt that ASU’s training promoted. The principle should not require explanation: Don’t assign moral fault to entire groups based on skin color.
So why does ASU defend this?
Because ASU does not view this fight as one training module that can be swapped out and forgotten. Race-based blame sits near the center of the contemporary left’s approach to education. If I succeed in showing that ASU bears legal responsibility — and that employees can hold it accountable — the implications reach far beyond one HR program. ASU’s initiatives aimed at combatting “whiteness” would come under scrutiny. Its embedded social justice goals face legal challenge and public examination. Students could follow with suits over race blame in a “decolonized curriculum.”
“Who will rid us of this meddlesome philosopher?” ASU really hopes the Arizona Supreme Court will.
Every employee in Arizona should watch what happens next. The outcome will determine whether public institutions answer to the law — or whether employees must comply silently, no matter what ideology administrators impose from above.
Who’s Afraid of the Ten Commandments?
On Tuesday, the full, 17-judge U.S. Court of Appeals for the Fifth Circuit heard consolidated oral arguments in a crucial…
A protest doesn’t become lawful because Don Lemon livestreams it
What should have been a peaceful Sunday service at Cities Church in St. Paul, Minnesota, turned into a political ambush. Roughly 30 anti-ICE protesters pushed into the sanctuary mid-worship, chanting slogans and confronting church leaders as families tried to pray.
Disgraced former CNN anchor Don Lemon was there, too, livestreaming the chaos.
If activists can storm a church mid-service, scream at families, and then hide behind the First Amendment, the standard becomes simple: The loudest mob sets the rules.
The Department of Justice has opened a formal investigation and signaled that federal protections for houses of worship may apply. Assistant Attorney General Harmeet Dhillon noted on the “Glenn Beck Program” that the activists’ conduct could implicate the Freedom of Access to Clinic Entrances Act, which bars intimidation, obstruction, and interference with the free exercise of religion in places of worship. The protesters may have also violated the Ku Klux Klan Act, a post-Civil War law that makes it illegal to terrorize and violate the civil rights of citizens.
According to multiple reports, the demonstrators were tied to the Racial Justice Network and aimed their protest at a church leader they accused of working with Immigration and Customs Enforcement. The protest followed rising tensions in Minnesota after the fatal shooting of anti-ICE activist Renee Nicole Good during a confrontation with federal agents.
Lemon framed the entire spectacle as civic virtue. He insisted he was “not an activist, but a journalist” and argued that protest inside a church remains constitutionally protected speech.
The footage tells a messier story.
Video released after the incident shows Lemon interacting with the group beforehand, appearing familiar with organizers and the plan. One outlet described the operation as “Operation Pull-Up.” That undercuts the narrative Lemon later pushed — that he simply arrived to document an event that unexpectedly “spilled” into a worship service.
Intent matters. So does outcome. The outcome looked like this: a sanctuary overrun, a service derailed, congregants shaken, and children crying while activists shouted and gestured at the pews.
That is far from “peaceful assembly.” It is targeted disruption.
The First Amendment protects speech. It does not grant a roaming license to invade private spaces and commandeer them for political theater. Rights have edges because other people have rights too. Worshippers do not lose their liberty because activists feel righteous.
That basic distinction keeps a free society from collapsing into a contest of intimidation.
RELATED: Americans aren’t arguing any more — we’re speaking different languages
Photo by Heather Diehl/Getty Images
This case matters because it tests whether the country still draws that line. If activists can storm a church mid-service, scream at families, and then hide behind the First Amendment, the standard becomes simple: The loudest mob sets the rules. Next week it will be another church. Then a synagogue. Then any gathering that activists decide deserves punishment.
The Justice Department is right to examine the FACE Act here. Congress passed it to stop coercion dressed up as protest — the use of obstruction and intimidation to prevent Americans from exercising basic freedoms. That principle doesn’t change because the target shifts from an abortion clinic to a church sanctuary.
The press corps’ selective outrage makes the problem worse. Cultural elites demand “safety” and “inclusion” in every other arena, but many of them treat Christian worship as an acceptable target. They police speech in classrooms and boardrooms, then shrug when activists shout down prayer.
That double standard signals something deeper than hypocrisy. It signals permission.
Lemon’s defense captured the rot in one sentence: Making people uncomfortable, he said, is “what protests are about.” Fine. Protest often makes people uncomfortable. But discomfort does not justify trespass. It does not excuse intimidation. It does not cancel someone else’s right to worship in peace.
A society that cannot protect sacred spaces will not protect much else for long. If the law refuses to punish conduct like this, the lesson will spread fast: Invade, disrupt, harass — then claim virtue and dare anyone to stop you.
America does not need a new normal where mobs treat churches like political stages. It needs consequences.
Democratic Rep. Pramila Jayapal Claims Nearly All Protesters Peaceful Despite Disruptions
‘99.9%, have been engaging in peaceful protest’
It’s Time to Close Religious Arbitration Centers and Outlaw Sharia for Good
The cornerstone of the American project is the principle of justice administered under the Rule of Law. Our civic allegiance…
