The Barnes Brief: Friday, October 10, 2025
Art of the Day
I. INTRODUCTION
A. Art of the Day
The symmetry of shape, the mirrored reflections off the still water, the delights of the desert each mirror and balance each other in this photograph that reminds me of a still painting, attracting introspective thought by getting lost in its perspective of nature meets man.
B. Wisdom of the Day
“Peace cannot be kept by force; it can only be achieved by understanding.” Albert Einstein.
C. Cultural Recommendation
In the Deep State themed films, shows, and book, a personal favorite is Rubicon. https://www.imdb.com/title/tt1389371/
D. Appearances
- LIVE w/ Duran
- LIVE w/ Baris
- Fun SportsPicks win
- LIVE Friday at 9 https://sportspicks.locals.com/post/7354877/live-betting-w-barnes-friday-october-10-2025
*Note: A reminder — links are NOT endorsements of the ideas contained therein. The Library is big, and it mostly consists of ideas I do not personally share.
II. THE EVIDENCE
A. Daily News of Interest
- Peace reached in Gaza. https://www.axios.com/2025/10/08/gaza-deal-trump-announce-war-over
- Political permission slip expands. https://www.realclearpolitics.com/video/2025/10/08/shellenberger_zero_democratic_leaders_calling_on_jay_jones_to_drop_out_is_a_new_low_in_american_politics.html
- Low employment for the youth. https://theeconomiccollapseblog.com/only-48-percent-of-u-s-adults-under-the-age-of-30-have-a-full-time-job/#google_vignette
- My hometown school tried to block Turning Point. https://www.foxnews.com/media/ut-chattanooga-overrules-student-government-approves-tpusa-chapter-after-rejection-fight
- What romance novel trends tell us.
*Bonus: Dolly not dead. https://www.dailymail.co.uk/tvshowbiz/article-15174635/Dolly-Parton-breaks-silence-health-condition-sister-asked-prayers-country-singer.html
B. Daily Deep Dive: Gaza Peace
- General description. https://news.antiwar.com/2025/10/08/hamas-agrees-to-gaza-ceasefire-framework-deal-could-be-signed-on-thursday/
- Ilan’s summary. https://vivabarneslaw.locals.com/post/7350834/looks-like-a-deal-has-been-made-or-rather-a-phase-of-a-larger-deal-yet-to-be-prime-minister
- Expensive war. https://costsofwar.watson.brown.edu/paper/AidToIsrael
- Szamuely predicted Trump would honor the deal.
- Zionism after Gaza. https://appointedtimes.substack.com/p/rethinking-zionism-after-gaza
*Bonus: Before and after Hamas. https://martindicaro.substack.com/p/before-and-after-hamas
C. Cases of Consequence
- Luigi publicity dispute. https://x.com/Uebey/status/1976072414321836370
- State exception for robocalls. https://www2.ca3.uscourts.gov/opinarch/241925p.pdf
- Censoring counselors at SCOTUS. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-539_3f14.pdf
- Postal injury at SCOTUS. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-351_khmp.pdf
- Census suit. https://aflegal.org/press-release/america-first-legal-spearheads-landmark-legal-challenge-to-unconstitutional-2020-census/#:~:text=AFL's%20lawsuit%20asks%20the%20court,President%20of%20America%20First%20Legal.
*Bonus: Mail in ballots at SCOTUS. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-568_7l48.pdf
III. CLOSING ARGUMENT: Free Speech Rights on Campus
- State universities are state actors, and as such, they are subject to the restraints imposed by the Constitution and by concomitant state laws in many jurisdictions. We start with the First Amendment to the United States Constitution.
- “Congress shall make no law…abridging the freedom of speech…or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” These three coequal protections cover each aspect of speech – speech itself; the assembly often necessary to effectuate speech; and the petitioning process required to make it meaningful in many instances. As related to the university, the first two predominate.
- As I had reason to remind myself recently, many state laws go further. Take for example Tennessee Code 49-7-2405. Tennessee law reinforces students “right to free speech” enforced through institutions affording students “the broadest latitude to a speak any issue” with a specific prohibition that it “not to be suppressed because the ideas put forth are through by some or even by most members of the community to be offensive, immoral, indecent, disagreeable, radical or wrongheaded.” In other words, no so-called hate speech exception. In the organizational context, the law specifically prohibits an school to “deny student activity fee funding to a student organization based on the viewpoints” of that organization. The only prohibited conduct is harassment, defined as “unwelcome conduct directed toward a person that is discriminatory on a basis prohibited by federal, state or local law, and that is so severe, pervasive and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.”
- The principal Supreme Court case on the subject derives from the SDS movement in the 1960 and 1970s on college campuses – the Students for a Democratic Society. As the Supreme Court reiterated: “the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.” Academic freedom is freedom of speech for students and the associational rights embodied therein with the right to peaceably assemble. Indeed, the right to organize on campus derives from the marriage of those three First Amendment freedoms forementioned – the freedom of association is “implicit in the freedoms of speech, assembly and petition.”
- As the High Court held in Healy: “There can be no doubt that denial of official recognition, without justification, to college organizations burdens or abridges that associational right.” As a disfavored “prior restraint” on student’s future speech, “a heavy burden rests on the college to demonstrate the appropriateness of the action” and that appropriateness is limited to “preventing disruption on campus” from violent conduct, not a heckler’s veto.
- There is no place more essential to the exchange of ideas, robust debate, and the freedom of speech than a college campus in the very origination of ideas for many people during their intellectual coming of age. Protecting First Amendment freedoms for organizations like Turning Point USA thus remains essential to respecting the legacy of Charlie Kirk and enforcing the law of the land in our foundational formational documents of the very First Amendment in our rightly famed Bill of Rights.
