Daniel M. Ortner
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Attorney at the Foundation for Individual Rights and Expression. Defender of liberty, and disciple of Jesus Christ. Views are my Own.
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Articles by Daniel M. Ortner
The Plates of Brass: The Book of Mormon’s Biggest Historical Problem
There’s been a lot of debate lately regarding the gold plates: could all of the material in the Book of Mormon have physically fit on the plates? Could Joseph Smith have physically handled them? Could they have been preserved miraculously? All of this debate, though, misses what may be the biggest historical problem of all: not the gold plates, but the plates of brass that Lehi supposedly brought from Jerusalem.
Boasting in Christ Alone
If you’ve ever watched the Star Wars sequels, you know the feeling of a frustrating retcon. You thought the story had a clear ending with Anakin redeemed, the Emperor defeated, balance restored. But then you discover in The Rise of Skywalker that Palpatine was somehow alive the whole time. Suddenly the heroic sacrifices of the original trilogy feel smaller, the victory less final, and the story seems like it’s stumbling over itself to justify a new chapter.
ORTNER: Meta’s Free Speech Makeover And The Fight For Digital Free Speech
Two weeks ago, Meta CEO Mark Zuckerberg announced changes to Facebook and Instagram’s content moderation policies in order to return these platforms to their “roots around free expression.” Meta will eliminate restrictions on debate around controversial topics like immigration and gender identity, dramatically reduce the use of automatic moderation, and replace fact-checkers with Community Notes. These are mostly welcome changes for all who value free speech and a robust exchange of ideas.
The Queer Philosophies of Men Mingled with Scripture
Keywords queer philosophies, men mingled with scripture, Mormon theology Abstract Blaire Ostler attempts to show how “Mormon theology is inherently queer” and may be expanded to be fully “inclusive” of LGBTQ+ members. Unfortunately, Ostler conflates God’s love with indulgence for behavior that he has described as sinful.
Opinion: Speaking truth to Nazi power Original
Standing up for free speech can be costly. October 27 is one of the days that reminds me of that fact. This was the day 82 years ago that one of my free-speech heroes, Helmuth Hübener, was executed for speaking out against Hitler's Nazi Germany. Hübener was only a teenager, but his deeply held religious beliefs filled him with disgust at the antisemitism and bigotry that he witnessed in Nazi Germany.
California’s deepfake ban can’t fool the deep protections of the First Amendment
It’s a tale at least as old as American democracy. In the midst of a heated election season, a biting ad, satirical pamphlet, parody song or viral video alarms the powers that be so much that they attempt to censor it. The latest chapter in this long-running saga involves California Gov. Gavin Newsom’s crackdown on election deepfakes.
How the Marxist Left tries to rewrite history
To defend a Latino exhibit they worked on for two years until the Smithsonian scrapped it, two radical professors chose this week to go on the set of none other than Democracy Now! Yes, the signature TV program of Marxists and all their causes. Truth be told, it was the perfect setting.
The ESG bait and switch
Environmental, social, and governance considerations in business management and investment strategies have become a political hot potato in the United States. ESG has permeated business schools , international organizations , and the investment community . But people have begun raising concerns about the financial performance of ESG and its political implications, with some state treasurers even withdrawing money from investment firms that use ESG criteria.
Three ways colleges are suppressing speech — and how students can fight back
Most universities in America say they value free speech, but actions speak louder than words. And based on the actions of several universities, they only value certain kinds of speech. I serve as the director of the Center for Academic Freedom at Alliance Defending Freedom, and I’ve noticed three ways university officials have suppressed the speech of students who hold viewpoints at odds with the new, ever-shifting academic orthodoxy.
Bill Cassidy blasts latest Biden administration bid to forgive student loans
Sen. Bill Cassidy (R-LA) accused the Biden administration of stubbornly pushing through a new costly student loan forgiveness regulation despite being struck down at the Supreme Court this summer.
A better solution to the student loan crisis
Last summer, President Joe Biden sought to transfer $300 billion in student loan debt from those who willingly took it on to attend college and make more money after graduation to the taxpayers who chose not to attend college, paid their way through school, or already paid off their loans. The Supreme Court ruled this unconstitutional. Undeterred, Biden’s next student loan forgiveness scheme is bigger than the first.
College 'anti-racism' rules echo the worst episode of campus censorship in US history
More than 70 years ago, California ’s colleges and universities played a shameful role in the effort to suppress academic freedom in the name of anti-communism. In 1949, the University of California enacted an anti-communist loyalty oath that all faculty and staff were required to sign. Thirty-nine professors and 84 staff members refused and were fired. As a result, around 55 courses were canceled, and 47 scholars were denied UC teaching jobs.
Only an ideological overhaul will restore public trust in higher education
America’s confidence in higher education has plummeted. Faculty and administrators need to recognize that an ideological overhaul of their institutions is necessary to regain the public’s trust. A recent Gallup survey found that only 36% of the public has “a great deal” or “quite a lot” of confidence in our institutions of higher education, a troubling decline from 48% in 2018 and 57% in 2015.
'We're against the state mandating viewpoints'
One of the most important tasks for a seasoned journalist is to pass on what you know. Journalism is something that’s learned by doing, usually alongside someone who’s done it longer. I enjoyed this process while at CBC, and I am pleased to now be at a point with Lean Out that I can expand the operation to include working with up-and-coming journalists.
UPDATE: Utah city moves in the right direction, but the First Amendment requires more
In a letter sent last month, the Foundation for Individual Rights and Expression warned the City of Orem, Utah, to respect its librarians’ First Amendment rights or else face a lawsuit. The city confirmed July 7 that it will take two important steps in the right direction.
FIRE to Supreme Court: Tell New Jersey criticism doesn’t require consent
Imagine having to obtain approval from a person you want to criticize before opening your mouth. What if you had to receive written permission from a restaurant owner before you could post a negative Yelp review? The result would be an echo chamber of gushing five-star reviews. Consumers would never learn of the burned meals or rude servers. New Jersey does something similar with a law concerning primary ballot slogans, and the results are what you would expect.
Opinion: First Amendment triumphs over N.Y.’s attempt to censor online hate speech
The internet changed the world, allowing people everywhere to access information, share their views and debate contentious topics. Social media, in particular, has given endless opportunities for people to form like-minded communities and discuss important issues. But for as long as the internet has existed, there have also been efforts to censor content seen as “offensive” or “hateful.” These efforts have consistently been rejected in both the court of law and the court of public opinion.
Opinion: First Amendment Triumphs Over N.Y.’s Attempt to Censor Online Hate Speech – Inside Sources | Prescott eNews
The internet changed the world, allowing people everywhere to access information, share their views and debate contentious topics. Social media, in particular, has given endless opportunities for people to form like-minded communities and discuss important issues. But for as long as the internet has existed, there have also been efforts to censor content seen as “offensive” or “hateful.” These efforts have consistently been rejected in both the court of law and the court of public opinion.
First Amendment Triumphs Over N.Y.’s Attempt to Censor Online Hate Speech – DC Journal - InsideSources
The internet changed the world, allowing people everywhere to access information, share their views and debate contentious topics. Social media, in particular, has given endless opportunities for people to form like-minded communities and discuss important issues. But for as long as the internet has existed, there have also been efforts to censor content seen as “offensive” or “hateful.” These efforts have consistently been rejected in both the court of law and the court of public opinion.
Emergency Powers
Most states give their governors extraordinary powers in an emergency to protect the public’s health and safety when there is no time for legislative action. These emergency powers may be crucial in uncertain times, including pandemics, but their use must be time-limited and respectful of constitutional rights. Unlimited, dictatorial rule cannot be allowed to continue indefinitely.
Federal judge fast-tracks FIRE preliminary injunction proceedings challenging New York’s online speech police law
Just one week after FIRE filed a lawsuit challenging a New York law that would require online services to address “hateful” content that users post to their platforms, a federal judge ordered that briefing be expedited and set a teleconference for Dec. 19 to consider the new law’s constitutionality. State lawmakers passed the law, which took effect Dec. 3, in response to the tragic mass shooting by a white supremacist this past May in Buffalo, New York.
Volokh v. James: Big Brother in the Big Apple: New York Law Turns Bloggers into Speech Police
VOLOKH v. JAMES – COMPLAINT VOLOKH V. JAMES – ORDER GRANTING PRELIMINARY INJUNCTION New York has enacted a new law with the goal of regulating disfavored—but constitutionally protected—online speech.
The Hill: Brandeis follows the herd on race-based hiring and admissions
Brandeis University was founded in Waltham, Mass., in 1948, when other universities commonly employed quotas to exclude Jewish, African American or Asian American students from admission. Universities such as Harvard used subjective screener interviews and personality tests to try to detect Jewish applicants based on antisemitic stereotypes.
Brandeis follows the herd on race-based hiring and admissions
Brandeis University was founded in Waltham, Mass., in 1948, when other universities commonly employed quotas to exclude Jewish, African American or Asian American students from admission. Universities such as Harvard used subjective screener interviews and personality tests to try to detect Jewish applicants based on antisemitic stereotypes.
Catching a Vision of the Doctrine of the Family
Catching a Vision of the Doctrine of the Family Are Latter-day Saints too focused on teachings about the family? Or are prophets emphasizing exactly what God knows will lead to our greatest happiness? Read Full Article »
In fighting woke politics, censorship is not the answer Original
Laws barring businesses and schools from teaching anti-racist ideas, such as Florida’s Stop WOKE Act, mimic the same intolerance displayed by woke progressives. The better path is to encourage open debate, not censorship. The Stop WOKE Act prevents businesses, schools and other institutions from subjecting students and employees to training or teachings that promote various anti-racist ideas.
We should prefer accountable government to rule by the administrative state Original
The Supreme Court ended its term with a highly consequential 6-3 decision in West Virginia v. EPA. The court repudiated the Environmental Protection Agency’s claim that Congress had delegated sweeping powers for the agency to pursue a regulatory agenda of its own creation that would force energy companies to adopt alternative energy sources. That should not have been a controversial decision.
Election Aftermath
The January 6 Hearings Are Not Just a Political Stunt A hallmark of polarized America is an eagerness to hear anything confirming our biases and total rejection of those things that don’t. If that’s what you’re doing with the January 6th hearings, you’re missing something important. What Else Happened January 6th Many Americans continue to be shocked by alarming portrayals of January 6th. But certain possibilities and realities about the day are simply not being heard.
Overturning Roe Did Not Impose Religion on America
Overturning Roe Did Not Impose Religion on America The Supreme Court's decision did not establish religion or violate the religious freedom rights of pro-choice Americans.
Oregon’s ban on real estate love letters sparks free speech challenge
Imagine you’ve decided to venture into the world of homeownership for the first time and find yourself locked in a tight bidding war—an all-too-common scenario in today’s overheated housing market. If only there were some way you could differentiate your offer and stand out for special consideration in the seller’s eyes….
Issues & Insights: Cuomo’s many abuses show why the separation of powers matters
During the COVID-19 pandemic, former New York Governor Andrew Cuomo was breathlessly heralded as “the politician of the moment” and the “authoritative voice in the crisis.” His press briefings were carried live on all major news networks and even won him an Emmy. He was seen as decisive and in charge, and he even wrote a bestselling book highlighting his pandemic “leadership.” It later came to light that Cuomo deliberately obscured data showing the scale of nursing home deaths.
Federal judge re-affirms free speech victory, invalidating Connecticut's unconstitutional donor privacy and fundraising registration laws
This week, Connecticut put the final nail in the coffin of a state law that violated the free speech of charity fundraisers. The First Amendment covers a lot of ground that may not be immediately obvious. Most probably understand that it protects people’s right to peacefully protest, their right to express their opinion, and even their right to burn an American flag. What is, perhaps, less obvious, is the protection the First Amendment provides to nonprofit fundraisers and donors.
California Globe: University of California Retreats from Unlawful Diversity Statement Mandates
In 2015 the University of California enacted a seemingly innocuous policy which said, “faculty achievement that promote equal opportunity and diversity should be given due recognition in the academic personnel process.” But this modest mandate for recognizing contributions to diversity has grown into a leviathan that imposes a loyalty oath to diversity dogmas oath, devours academic freedom, and justifies racial discrimination.
University of California Retreats from Unlawful Diversity Statement Mandates - California Globe
In 2015 the University of California enacted a seemingly innocuous policy which said, “faculty achievement that promote equal opportunity and diversity should be given due recognition in the academic personnel process.” But this modest mandate for recognizing contributions to diversity has grown into a leviathan that imposes a loyalty oath to diversity dogmas oath, devours academic freedom, and justifies racial discrimination.
The Hill: Rein in the governors, how to prevent emergency powers abuse after COVID
If we’ve learned anything in the past few years, it’s that emergency power is easily abused. During the COVID-19 pandemic, governors across the country claimed unprecedented power to combat the virus. Businesses were shuttered, schools closed or moved online, vaccinations were required to eat at a restaurant, see a musical, or even do your job. When the shutdowns were announced, we were told that they were temporary measures to slow the spread of a disease we knew little about.
Rein in the governors: How to prevent emergency powers abuse after COVID Original
If we’ve learned anything in the past few years, it’s that emergency power is easily abused. During the COVID-19 pandemic, governors across the country claimed unprecedented power to combat the virus. Businesses were shuttered, schools closed or moved online, vaccinations were required to eat at a restaurant, see a musical, or even do your job. When the shutdowns were announced, we were told that they were temporary measures to slow the spread of a disease we knew little about.
California’s schools are reviving the loyalty oath Original
California’s universities once required faculty to sign an anti-Communist oath. Many faculty resigned or refused to sign on principle, and no one looks back on that history with fondness. Yet California’s community colleges are on the brink of embracing a new loyalty oath. Rather than force faculty to denounce communism, a new policy will force all faculty to submit to the college bureaucracy’s social justice agenda.
FIRE to Supreme Court: Protect the right to advocate for civil disobedience
Martin Luther King Jr. famously argued in his “Letter from Birmingham Jail” that there is a “moral responsibility to disobey unjust laws,” as he encouraged others to violate Jim Crow laws that required segregation. His call for civil disobedience led to lunch counter sit-ins, permitless marches, and more. His speech changed public opinion and put a glaring spotlight on the evils of racial discrimination. It was also speech protected by the First Amendment.
Cuomo’s Many Abuses Show Why The Separation Of Powers Matter
During the COVID-19 pandemic, former New York Governor Andrew Cuomo was breathlessly heralded as “the politician of the moment” and the “authoritative voice in the crisis.” His press briefings were carried live on all major news networks and even won him an Emmy. He was seen as decisive and in charge, and he even wrote a bestselling book highlighting his pandemic “leadership.” It later came to light that Cuomo deliberately obscured data showing the scale of nursing home deaths.
In the Name of Diversity: Why Mandatory Diversity Statements Violate the First Amendment and Reduce Intellectual Diversity in Academia
In the 1950s and 1960s in many parts of the country, a professor could be fired or never hired if he refused to denounce communism or declare loyalty to the United States Constitution. The University of California system took the lead in enforcing these loyalty oaths. These loyalty oaths were challenged all the way up to the United States Supreme Court and were soundly rejected, establishing the centrality of academic freedom and open inquiry on the university campus.
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