Today, Rob Olson presented oral argument before the U.S. Court of Appeals for the Sixth Circuit sitting en banc in our continuing litigation against ATF’s bump stock regulation issued in December 2018. The Sixth Circuit granted rehearing en banc after a three-judge panel ruled against the bump stock ban earlier this year. Audio of the oral argument is available.

Link to oral argument audio

This afternoon, Bill Olson testified via ZOOM before a subcommittee of the South Carolina Judiciary Committee opposing various bills calling for an Article V Convention of the States, also known as a Constitutional Convention.  He also submitted the paper he and Herb Titus wrote exposing the false premises and false assurances of those supporting this radical proposal.

The Paper submitted to the Subcommittee is entitled "The 'Con-Con' Con" is available here.

Today our firm was represented at VCDL Lobby Day in Richmond by Bill Olson, Jeremiah Morgan, and Robert Olson, left to right below. We were obviously dressed for the occasion, as the temperature climbed slowly from 25 degrees when we hit the streets. Honored to stand for “the right to keep and bear arms” with tens of thousands of peaceful, law-abiding Virginians and others from around the country. There was no place in America which was more safe than in the middle of this well-equipped assembly exercising our right to petition government.

On the far side of the Capitol Grounds, that few saw, were staged numerous emergency vehicles, including this one on which was painted these words: "Mass Casualty/Evacuation Transport Unit."

Tonight, approximately 3,000 people came out to support Fauquier County, Virginia adopting a Second Amendment Sanctuary Resolution.  Rob Olson spoke out in favor of the resolution supported by Virginia Civilian Defense League (VCDL), but against the watered down version that had been proposed.  As he advised the elected officials:  "Let's do better than this.  Let's grow a spine and adopt something that's meaningful."  Watch the video here.

L-R: Rob Olson and Erich Pratt.

Today, Rob Olson presented oral argument before the U.S. Court of Appeals for the Sixth Circuit in our continuing litigation against ATF's bump stock regulation issued in December 2018. The issue today before the court was the correctness of District Judge Paul Maloney's ruling denying our motion for a preliminary injunction against the regulation. This article in CourthouseNews discusses the oral argument.

Link to article

Rob Olson joined with Tim Harmsen of the Military Arms Channel, Erich Pratt and Jordan Stein to attend today's Second Amendment Rally in Washington D.C.  Tim Harmsen is one of the plaintiffs, along with GOA and GOF, in challenging the ATF Bumpstock ban.

L-R: Tim Harmsen, Rob Olson, Erich Pratt, Jordan Stein.

Today, Bill Olson was a guest of Dr. David Schnittger on the second of two Podcasts of Southwest Prophecy Ministries to discuss our recently filed amicus brief in Masterpiece Cakeshop v. Colorado Civil Rights Commission.  The Podcast can be heard here.  The Podcast is also on YouTube here.

Today, Bill Olson was a guest of Dr. David Schnittger on the first of two Podcasts of Southwest Prophecy Ministries to discuss our recently filed amicus brief in Masterpiece Cakeshop v. Colorado Civil Rights Commission.  The Podcast can be heard here.  The Podcast is also on YouTube here.

Today, Bill Olson was a guest of Dr. David Schnittger on the Podcast of Southwest Prophecy Ministries to discuss our recently filed amicus brief in NIFLA v. Becerra.  The Podcast can be heard here.  The Podcast is also on YouTube here.

Bill Olson was interviewed by David Schnittger of Southwest Prophecy Ministry about briefs filed by the firm in recent cases.

Link to interview

Herb Titus gave a Constitution Day address for The Foundation for American Christian Education (FACE) in their Lessons in Liberty series. The topic was Same-Sex Marriage: The "Living" Constitution's Epitaph.

Link to details

Today, on behalf of the Free Speech Coalition, Inc., the Free Speech Defense and Education Fund, Inc., and U.S. Justice Foundation Jeremiah Morgan of our firm testified before the Federal Election Commission at its Hearings on the McCutcheon v. FEC Advance Notice of Proposed Rulemaking. (His testimony appears at 5:19:51 of the video.)

Link to video

Today, Herb Titus spoke at a Conference on Eminent Domain and Land Value Litigation sponsored by the American Law Institute in San Francisco, California.

Herb's topic was the reemergence of the private property principle in the Fourth Amendment, as reflected in two recent decisions of the U.S. Supreme Court. In United States v. Jones and Jardines v. Florida, the Court ruled that the rights protected by the ban on unreasonable searches and seizures is foremost a protection against trespass against property interests in one's person, house, paper and effect without regard for the property owner's expectation of privacy, reasonable or otherwise.

In his presentation, Herb emphasized the importance of the common law predicate underpinning the First through the Fifth Amendments of the federal bill of rights, and urged attorneys practicing in the of eminent domain to consider augmenting a "takings" claim with a Fourth Amendment search or seizure claim where appropriate.

Herb Titus spoke at a convocation at Bryan College, and afterwards was interviewed by Bryan College President Steve Livesay.

Link to audio interview

Link to Brochure

Herb Titus was a featured speaker on May 2, 2014 at the 8th Annual Conference on Eminent Domain held at Tides Inn, Irvington, Virginia on May 1 and 2. Consistent with the theme of this year's conference – Charting New Territory -- Herb's topic was "Can a 4th Amendment Search and Seizure Become a 5th Amendment Taking?"

Drawing on the work of the firm ­ featuring its amicus brief in United States v.Jones decided by the Supreme Court in 2012 ­ Titus called attention to the recent resurgence of the original property principles undergirding the 4th Amendment. Since Jones, the Supreme Court has given notice that Fourth Amendment claims are no longer to be balanced away by judges under the relativistic test of a reasonable expectation of privacy. Rather, the right to be free from unreasonable searches and seizures will be governed by fixed principles of property, the government being required to demonstrate a superior interest in the property at stake. Reviewing two recent cases in which innocent persons were being deprived of exclusive possession of their property, Titus charted a path whereby property owners would receive more complete protection of their property rights only by invocation of both a property-based 4th Amendment and the private property takings clause of the 5th Amendment.

Herb Titus was invited to address the Republican Caucus of the Virginia House of Delegates on HJR 9 — a call for a national constitutional convention for proposing amendments to the United States Constitution.

Herb explained that while the concept of using Article VI to address erroneous judicial decisions might seem tempting, it was fraught with risk. Unlike the process by which Congress may submit to the State legislatures specific written amendments, the convention process for proposing amendments is open-ended with no control of the number, scope, or subject matters of the amendments and no rules governing the number or selection of the delegates.

On January 31, 2014, the House Committee on Rules recommended that HJR 9 be adopted by the full House, by a vote of 9 yes - 6 no.

On February 6, 2014, two days after Herb's presentation, the House defeated the resolution by a vote of 29 yes - 67 no.

A story discussing the important role played by Delegate Bob Marshall (R-Prince William) in explaining to the Delegates the problems associated with the problems appeared in the Richmond Times Dispatch.

Herb Titus was interviewed by David Schnittger and Noah Hutchings about Obamacare and the contraceptive services mandate.

Bill Olson gave two presentations at a conference on Bible Prophecy sponsored by the Southwest Bible Radio Church.  One presentation was on:  Why a Constitutional Convention Could Mean the End of Freedom in America, and Modern Judicial Techniques Used to Circumvent Constitutional Text.

Bill Olson was interviewed on the topics of how the courts circumvent the U.S. Constitution, and the role of a juror in court.

Link to video

Bill Olson spoke on the topic of  "Techniques that the U.S. Supreme Court uses to Override the Constitutional Text."  The event was the Constitution Day Dinner of the Northern Shenandoah Valley Tea Party in Winchester, Virginia.

Herb Titus was among the historians and scholars appearing in Kirk Cameron's movie Monumental:  In Search of America's National Treasure.

Bill Olson spoke at LPAC 2011 -- The Liberty Political Action Conference -- in Reno, Nevada. On Friday, September 16th, he spoke on "Executive Orders, States of Emergency, & Emergency Powers." On Saturday, September 17th, he first spoke on "Reinvigorating the Fourth Amendment" and, then was on a panel entitled "Civil Liberties Update" together with Larry Pratt, Executive Director of Gun Owners of America, Inc. and former Texas Congressman Steve Stockman.

Photo by Gage Skidmore.

Bill Olson will testify at the Kagan Confirmation Hearing on Panel 3 this evening. The hearing begins at 4 p.m. and will conclude sometime later tonight. Coverage is available on C-SPAN at the following link:
http://www.c-span.org/video/?294266-2/kagan-confirmation-hearing-day-4

Bill Olson's testimony before the Senate Judiciary Committee evaluates Elena Kagan's record on the Second Amendment.

Link to testimony
Link to Congressional Record entry (Google Books)
Link to Transcript of Entire Hearing before Senate Committee on the Judiciary

Bill Olson has been invited by the United States Judiciary Committee to testify on the nomination of Elena Kagan as Associate Justice of the U.S. Supreme Court.

The testimony likely will occur late in the day on Thursday, July 1, 2010. The list of witnesses appears on the website of the Senate Judiciary Committee.

American Bar Association Witnesses
Kim Askew, Chair, Standing Committee
William J. Kayatta, Jr., First Circuit Representative

Majority Witnesses
Professor Robert C. Clark, Harvard University Distinguished Service Professor, Austin Wakeman Scott Professor of Law, and former Dean, Harvard Law School
Justice Fernande "Nan" Duffly, on behalf of the National Association of Women Judges
Greg Garre, Partner, Lantham & Watkins, former Solicitor General of the United States
Jennifer Gibbins, Executive Director, Prince William Soundkeeper
Professor Jack Goldsmith, Professor of Law, Harvard University
Marcia Greenberger, Founder and Co-President, National Women's Law Center
Jack Gross, plaintiff, Gross v. FBL Financial Services Inc.
Lilly Ledbetter, plaintiff, Ledbetter v. Goodyear Tire
Professor Ronald Sullivan, Edward R. Johnston Lecturer on Law, Director of the Criminal Justice Institute, Harvard Law School
Kurt White, President, Harvard Law Armed Forces Association

Minority Witnesses
Robert Alt, Senior Fellow and Deputy Director, Center for Legal and Judicial Studies, The Heritage Foundation
Capt. Pete Hegseth, Army National Guard
Commissioner Peter Kirsanow, Benesch Law Firm
David Kopel, Esq., Research Director, Independence Institute
Colonel Thomas N. Moe, United States Air Force (ret.)
David Norcross, Esq., Blank Rome
William J. Olson, Esq., William J. Olson, P.C.
Tony Perkins, President, Family Research Council
Stephen Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law
Ronald Rotunda, The Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University School of Law
Ed Whelan, President, Ethics and Public Policy Center
Dr. Charmaine Yoest, President & CEO, Americans United for Life
Capt. Flagg Youngblood, United States Army

Bill Olson was a guest on Conservative Roundtable's Television show to discuss health freedom issues. Among the matters discussed was the Daniel Chapter One case, where our firm is assisting in the defense of a health-related ministry promoting herbal and alternative medical products from an attack by the FTC. Information about the FTC attack on this ministry.

Link to video

Herb Titus was a guest on the Lou Dobbs Tonight television show today, to discuss the Olofson case, which our firm is handling. He appeared with Len Savage who had been a witness for David Olofson at trial.

On October 14, 2008, Herb Titus delivered the keynote address at the Fall Banquet of Restoring Our Heritage in Evansville, Indiana. In this address, he not only spoke of the unconstitutionality of earmarks, but of bailouts and electronic eavesdropping as violations of the God-given private property rights.

On Flag Day, June 14, 2008, Herb Titus delivered the keynote address on the same topic at the state convention of the Texas Constitution Party meeting at Washington on the Brazsos.

Bill Olson supporting Delegate Bob Marshall (R-VA) for U.S. Senate at Virginia Republican Convention.

Bill Olson supporting Delegate Bob Marshall (R-VA)

Today, on behalf of the Free Speech Coalition, Inc. and the Free Speech Defense and Education Fund, Inc., Jeremiah Morgan of our firm testified before the Federal Election Commission at its Hearings on Notice of Proposed Rulemaking: Definition of “Electioneering Communications.”

Link to statement

Today Bill Olson was a guest on the Glen Beck Program on CNN Headline News to discuss the amicus brief filed in the Ramos/Compean case, and how the brief explains that Ramos and Compean were charged with, tried for, and convicted of a federal crime that does not exist.

Link to transcript

Herb Titus was interviewed on the MyTechnologyLawyer Radio Show by Scott Draughon regarding the Amicus Brief our firm filed in the U.S. Supreme Court Case Federal Election Commission v. Wisconsin Right to Life.  The interview can be heard by clicking the link below.

Link to interview

Herb Titus spoke at the God & Country Patriotic Celebration & Conference" sponsored by the Institute on the Constitution. http://www.instituteontheconstitution.com/ On July 2, Herb Titus participated in a Panel Discussion entitled The Myth of Separation of Church and State (with Judge Roy Moore, John Eidsmoe, and Michael Peroutka).  On July 3, he spoke on How the Commands of Scripture Relate to a Truly Just Civil Government.

Herb Titus squared off in a formal debate against Barry Lynn, Executive Director of the Americans United for Separation of Church and State before the American Vision Superconference held at the Ridgecrest Conference Center near Ashville, North Carolina.  The topic was:  "Does the No Establishment of Religion Guarantee Prohibit a Biblically-based Public Policy."

Lynn took the affirmative, asserting that the U.S. Constitution makes no mention of God and this mandates that public policy must rest wholly on "secular" grounds.

Titus asserted the negative, contending that the "no establishment" clause itself is based upon the Bible, and apart from that basis, can neither be rightfully understood or applied.  Titus rested his case on the constitution's text and history, pointing out that Jefferson and Madison relied upon a definition of religion as a jurisdictional term dividing those duties - such as opinions and welfare -exclusively owed to God, as the Creator, which are enforcible only by reason and conviction from those duties - such as protecting innocent human life - which are also enforcible by the power of the State.

Lynn did not rebut this claim, preferring to concentrate on his contention that the Bible was so susceptible to a variety of interpretations that it was an unreliable source for public policy and that, as a religious book, the Bible was too divisive.

In response, Titus countered that, while there are differences of opinion about what the Bible says about public policy issues, that was no reason to make it constitutionally illegitimate as a source of public policy, as Lynn was contending.

It was Lynn's view. however, that because Bible interpretation was so unreliable and so divisive that it should be excluded from the public debate.  Titus observed that, if Lynn's position were adopted as a matter of constitutional law, it would make second-class citizens those Americans who believe that the Bible does speak to public policy issues, as well as personal salvation.

Herb Titus spoke today at Liberty University School of Law on "The Bible: God's Lawbook for the Nations."

On October 17, 2006, Bill Olson and John Miles were faculty members at a Continuing Legal Education seminar on Exempt Organizations sponsored by the National Business Institute in Fairfax, Virginia.

On October 6, 2006, our attorneys had the opportunity to present oral argument in support of the Gun Owners Foundation amicus brief in Wyoming v. BATF.  At stake in this litigation before the United States District Court for the District of Wyoming is the statutory and constitutional right of the state of Wyoming to conduct its own criminal background check for purchasers of firearms in Wyoming.  The Gun Owners Foundation brief sided with the state in opposition to the BATF's insistence that Wyoming's background check did not meet BATF's "national" standards.

Bill Olson was a speaker at the 2005 National Taxpayers Conference, sponsored by the National Taxpayers Union and National Taxpayers Union Foundation. The topic of his presentation was "Combatting Government Threats to Nonprofit Organizations."

Today, Constitution Day, Bill Olson gave a speech entitled "McCain-Feingold's Assault on the Constitution" during ceremonies in Washington, D.C. sponsored by The Conservative Caucus.

Leaders of the pro-life movement in America commonly believe that the only constitutionally sound strategy for restoring the right to life is to take action at the national level. Thus, they have urged the election of pro-life presidents and members of Congress to secure the appointment of pro-life Supreme Court justices, and if necessary, a pro-life amendment to the United States Constitution. There is, however, an alternative strategy available at the state level, without overruling Roe v. Wade and its progeny.

The right to an abortion recognized in Roe v. Wade is based upon the court's ruling that the U.S. Constitution does not guarantee the right to life of an unborn child. If a state constitution provides a more expansive right to life, including the right to life from the moment of fertilization or conception, then the right to an abortion no longer exists.

In South Carolina, a recent legislative effort was made to recognize the existence of such a right to life. Although the bill failed to get out of subcommittee, it constitutes the first step in a new strategy to restore the right to life of the most innocent among us. It was Herb Titus's privilege to provide the legislature with testimony on the legality of such an approach.

Link to statement

Today, Bill Olson was a guest of Bill O'Reilly (The O'Reilly Factor, Fox News) to discuss President Clinton's abuse of Executive Orders. He discussed the Separation of Powers issue, current states of national emergency, the Permanent Striker Replacement Executive Order (No. 12954), and the Grand Staircase-Escalante Monument Proclamation (No. 6920 issued under the Antiquities Act of 1906).

Bill Olson was asked to testify before the House Rules Committee's Subcommittee on Legislative and Budget Process. The topic of the hearing was "The Impact of Executive Orders on the Legislative Process: Executive Lawmaking?" Bill Olson also submitted answers to questions before the House Rules Committee's Subcommittee on Legislative and Budget Process.

Link to publication

Bill Olson spoke at a National Conference on Presidential Powers and Executive Orders at the headquarters of the Reserve Officers Associaiton of the U.S. The title of his presentation was “Martial Law, Y2K, and Presidential Power.”

Bill Olson was the opening speaker at today's Philanthropy Monthly's 1994 Annual Conference in New York City, addressing:  "The Odds for Philanthropy on Capitol Hill:  Which Players will count in the new Congress?"

Link to Agenda

Bill Olson moderated a Panel Discussion on Federal Regulation of Nonprofit Organizations and the First Amendment.

Link to contents

Hearings on the FY 1995 Budget Authorization of the Federal Election Commission Before the U.S. House of Representatives, Committee on House Administration, Subcommittee on Elections.

Link to testimony

In this video, Bill Olson presented at the Free Speech Coalition Conference on free speech issues covered by C-SPAN2.

Link to video

While Dean of Regent University School of Law, Herb Titus testified against the Religious Freedom Restoration Act.  See his prepared statement and transcript of hearings, p. 87-108, Religious Freedom Restoration Act of 1991, Hearings before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary on H.R. 2797, Religious Freedom Restoration Act of 1991, May 13 and 14, 1992.

Link to Herb Titus Testimony
or
Link to Complete Printed Hearings

Herb Titus gave a presentation in Pittsburgh at a conference on Health Care in Crisis:  A Biblical Response.  This is a transcription of his remarks, published in the "Journal of Biblical Ethics in Medicine."

Bill Olson argued the case of Bonnie Henry v. Georgetown University today in Richmond the U.S. Court of Appeals for the Fourth Circuit.

Link to decision

Bill Olson testified today before the U.S. Senate Committee on Labor and Human Resources in the U.S. Senate with respect to his appointment by President Reagan as a Director of the national Legal Services Corporation.