The Free Expression Foundation Denounces UCLA’s Decision to Bar Michael Miselis from Completing his Ph. D. in Aerospace Engineering


Editor’s note: The Free Expression Foundation is an important asset in the battle for free speech for people on the dissident right. We are now inundated daily with examples showing a double standard for justice—Antifa and BLM rioters routinely go free even after attacking and injuring police and causing billions of dollars in property damage, while prosecutors throw the book at defendants associated with the right, even mainstream conservatives and Trump supporters. As described below, Michael Miselis is a paradigmatic example of this double standard.

Atty. Glen Allen has done legal work for FEF. He has a sharp legal mind and, along with a network of sympathetic attorneys, is carrying on the fight with well-reasoned legal briefs in support of deserving defendants. The Free Expression Foundation, a  501C3 nonprofit, is definitely worthy of our support.

Michael Miselis, one of the defendants in the Charlottesville Rise Above Movement prosecution, could make a strong case that he has been the victim of a flagrant miscarriage of justice, and one whose pernicious consequences roll on and on.

Much of Miselis’s ordeal has arisen because of the plea agreement he signed. No fair-minded person, however, who is familiar with the Heaphy Report about the Charlottesville Unite the Right Rally and knew the nature of the charges and ambiguous evidence against Miselis, his harsh conditions while incarcerated, and his dismal prospects for a fair trial would give much weight or credence to that plea agreement. In the agreement, Miselis admitted to participating in violence during the Rally.  But the reality is that, amid a general melee he was involved in, a few minor scuffles with counterprotestors who were at least as aggressive as he was but were never charged with any crimes. These scuffles easily could have been avoided if the Charlottesville police had done their job, as the Heaphy Report makes clear. Miselis did not seriously injure anyone, but nonetheless was sentenced to 26 months in prison, which he has now served.

As an essential condition of his plea agreement, Miselis reserved the right to challenge the  First Amendment constitutionality of the Anti-Riot Act statute under which he was convicted.  That statute, hastily enacted in the context of the civil unrest of the 1960s, had rarely been used before the government dusted it off and invoked it against the Charlottesville pro-monument demonstrators. Its constitutional flaws are many and serious;  it was in fact struck down on First Amendment grounds by Judge Cormac Carney in the California RAM prosecutions. Accordingly, Miselis’s hope to overturn his conviction by the condition in the plea agreement allowing him to  challenge the statute was well-founded.

That hope proved a mirage. The Fourth Circuit Court of Appeals in Miselis’s case severed some of the statute’s manifestly unconstitutional language, judicially construed other language in defiance of its apparent meaning, applied the thus judicially truncated and revised statute to Miselis’s  plea agreement, and by this convoluted path upheld his conviction. In essence, Miselis was induced to enter into the plea agreement by the promise he could challenge the constitutionality of the Anti-Riot Act, but the plea agreement itself was then used to defeat his constitutional challenge.

Unfortunately, the Fourth Circuit’s logical wizardry was not the last instance in which Miselis’s  plea agreement has been  unfairly used against him. Before the Charlottesville events, Miselis had been a graduate student in aerospace engineering at UCLA, about a year from completing his Ph. D.  After he had completed his prison sentence, he was initially – for about three months – allowed to resume his studies. But in late May 2021 he was brought before the UCLA Student Conduct Committee to face charges he was a safety threat to persons on the UCLA campus and should therefore be dismissed from the university. About a month later, the committee issued its report recommending dismissal.

The committee’s rationale is as illogical as the Fourth Circuit’s had been.  The committee, relying on Miselis’s admissions in his plea agreement, concluded he is a safety threat even though:  there had been no problems whatever during the three months he had been allowed to resume his doctoral studies;  his remaining months of study could easily be conducted remotely, a practice the university has perfected during the Covid lockdown;  he  lives 300 miles from the UCLA campus and agreed he would never return to it;  and his probation requirements, with which he has scrupulously complied, barred him from leaving the federal Eastern District of California, whose closest boundary lies 100 miles from the UCLA campus. The committee’s conclusion that Miselis is a safety threat is bizarrely irrational.

There is also the question of whether the university singled out Miselis for such draconian treatment. A basic internet search supports an affirmative answer, for it reveals that UCLA:

  • has welcomed into the university many persons with criminal records, including persons with violent convictions such as murder and attempted murder and gang affiliations;
  • has welcomed many other students who had been arrested for activities relating to protests, including violence;
  • has proclaimed in various mission statements the desire to remain accessible to those formerly convicted;
  • has accepted state funding earmarked for promoting formerly incarcerated students;
  • has approved student political organizations presently engaged in criminal behavior, including “The Revolutionary Club,” whose parent group had been involved in violence at several events including the Charlottesville rally;  and
  • has staff and students  signatory to criminal and /or terrorist groups such as Antifa.

The Fourth Circuit’s labyrinthine opinion and the Student Conduct Committee’s surreal report raise a strong suspicion that these decisions were motivated by hostility to Miselis’s protected First Amendment activities.  All Americans deserve more principled and transparent decisions than these.

FEF has offered its resources to Mr. Miselis for possible redress in federal court.

Glen K. Allen, Esq. is attorney for The Free Expression Foundation, Inc., a 501c3 nonprofit.  Contact:; 800-979-8891.

25 replies
  1. Stimson
    Stimson says:

    We live in an age of Left-wing fascism and lawlessness.

    Many of the so-called Right-wing “riots” and events such as January 6 are simply pushback against a Left which wishes to dominate America by blatantly lawless policies. One example is letting millions of illegals cross the southern border so that they can eventually vote more and more Leftists into office.

    The Right is feeling powerless because most major American institutions are controlled by the Left.

    The Bolsheviks want complete control of America. We need to call them that – Bolsheviks. Use that word.

    • Hans Frank
      Hans Frank says:

      Blinken(stein?) and “Garland” appear to be directly descended from Soviet Bolsheviks. I assume the new ruling clan is chock full of them. After 70 years of waging fake war against “Communism” we now appear to have them as our absolute masters.

    • Ned J. Casper
      Ned J. Casper says:

      Yes, let’s call communists communists, not fascists. Fascism was far less repressive than Bolshevism or Maoism. Platform denial was a key part of Marcusean “critical studies” and the current spin-offs.. Let the UK be a lesson to all, as its polyethnic security service literally flying the Flag of the Transgender Community switches its efforts from fighting Muslim terrorists to “right-wing extremists”,

  2. conrad gaarder
    conrad gaarder says:

    How the Fourth Circuit has changed from what it was twenty years ago. As that half-caste son-of- a bitch said, “Elections have consequences.”

  3. charles frey
    charles frey says:

    Legally, this would appear a mirror image of the Cosby Appeal, were it not for C’s many adverse witnesses claiming to have been drugged.

    Over decades, as a German, I became convinced, that no one could judicially grope lower than us. Thanks America, and the West, for finally accepting the Gold Medal: and not merely under this rubric.

    What prevents you from at least starting on the Impeachment of your Donkey Whisperer, and finalizing that, with the remainder of his culpable Cabinet, after November 2022 !?

    • moneytalks
      moneytalks says:

      …” Thanks America, and the West, for finally accepting the Gold Medal [ for judicial depravity ] : “…

      That bullet list of the internet search results , at the end of the essay , should be investigated and confirmed ; then relentlessly broadcast , to the public , in contrast with the UCLA disposition of the Miselis case so that no sane person could rationally deny that
      UCLA has been captured by homegrown bolsheviks .

      The former U.S.A. is defunct and the de facto USSA is now dominated by bolshevism .

  4. James Clayton
    James Clayton says:

    Taxpayer’s representatives reported stiffed National Guard troops for $521 after having demanded protection for months and blaming the so-called Capital insurrectionists:

    “… Army National Guard Soldiers will not have enough service time this fiscal year to receive credit for a good year toward a military retirement. Approximately 2,000 training schools will be canceled, affecting their readiness, pay and career progression. Ground vehicle and rotary wing operations and maintenance will be halted. Facilities will degrade, including the delay of critical fire safety projects…

    The Hill magazine page includes advertisement for “Israeli-made face masks everyone is talking about in the US”

  5. Fred Wahoney
    Fred Wahoney says:

    I hope he can sue them and get mucho dinerso, or dollars or goldcoins or whatever one should use to trade.

    What should one do with all ones mucho dineros, invest in paper / digital money connected to goverments that don’t mind killing the white race with massimmigration and vaccines (DNA change, controlled thoughts…) and massrapes?

    • Howard Siegel
      Howard Siegel says:

      Dogecoins? Just kidding….

      It is a relevant question. Real estate, and land tend to be good investments over time. But with WHITE land being run over by hostile non whites and ongoing slaughter of our race and theft of our territory and everything we built including educational instutitions, school system, research centers and large companies is that a good idea?

      I guess if you think things will turn pro white again it is.

      But what should we trade in. Gold, I mean jews used to be massively into gold moneys. Paper money, what is backing it. Is there even enough gold to cover the worlds huge population these days probably not…

      • Hugo S
        Hugo S says:

        You could invest in new companies by great white people with products that are pro-white!

        But land is also not a bad idea I suppose. But probably the best investment in real estate has been in larger cities.

        But I aint no expert.

        • charles frey
          charles frey says:

          Hugo, ” brick and mortar ” has always been the safest. Of course it sits on land. Depending on what you do with it, it may not always be the most productive. Neither will it fall victim to gangsters like Bernie Madoff who stole 65 BILLIONS: assisted by his two innocent sons.

          Berlin was 86 % destroyed, mostly by air-raids, which means the inner city was almost 100 % destroyed, with other areas less so. But at least the lots were un-destroyable and slowly gained value after reconstruction commenced.

          Don’t forget 2009 and the shit meticulously prepared by many of America’s most eminent banking houses; assisted by co-opted, misnamed Government Regulators.

          Some adds on TV scare the hell out of me when I hear their promises and recent arrival on the scene, promising impossible or at least unlikely profits.
          Without fail, they make me ask myself, whether their lawyers have already drawn up their bankruptcy filings for a not too distant date: absconding with your investment to a similarly sounding new company, which it takes merely a few letters and punctuation to separate from their previous bankruptcy scam.

          Scrounge to buy a small, healthy house, with a full, high and dry basement. Concentrate the basement utilities and build an at least studio apartment for rent. A so-called ” granny-flat “, which most often falls outside of municipal building laws.

          Then sell as an income property and start over and larger. Steer clear of expensive experts and learn the rudiments of the necessary trades yourself. Far easier and satisfying than being obliged to defend clients whom you believe to be guilty.

          From zero I bought a large, healthy old school and personally installed all electrical services for 7 beautiful apartments, starting with 600 amps at the road. Same for all deep-well water and 3 septic tanks and fields. Necessarily inspected and passed the first time around.

          Sold and started over on 20 acres with 1,000 feet of meandering river. The place for my buried urn picked out.

          • Hugo S
            Hugo S says:

            I do agree.

            When starting companies, investing in such I don’t mean companies and investments with TV ads but serious companies with high quality and unique products or innovative companies by white people.

            And I do agree brick and mortar is great. One great way of making money is building your own house or houses also.

            One can just sit on it, use it also as it will most likely beat the stock market average easily anyways.

            Personally I am not fond of having cellars they tend to be a magnet for mold in the climate I live. I have ideas to build really high quality houses also!

  6. bruno
    bruno says:

    This morning I was recently told, after I got up, about the Bongino show. It was about a restaurant owner. Into his restaurant came a bunch of kids who upon graduating from high school entered his establishment. One of the groupwas a boy in a red dress and so, he gave a strange look. They went up to him and tried to provoke him. Eventually he had said something like, “You look something like an idiot.” He was recorded. The repercussions were astronomical due to social media and networking. But, let’s move on.

    Someone I know had Guilliam Barre Syndrom. Thus, he requires a cane to ambulate. Each day he would walk in the park with one of his children. Well, one day this huge amazon-type B female came along. We witnessed her knock an old man down. When she came up to the fellow under discussion, you could see in her eyes and body movement she sought to push the fellow with GBS. His son clinched his fist and stepped between them. He’s over 6 foot tall and a powerful weightlifter. She knew that one whack from him and she’d wish she was not such a primitive violent entity. As she walked away out of the park it could be seen that there was a policeman was in a car. He had witnessed the entire event, but was afraid. Just before she got into her car he had driven off. He didn’t seek to be any part of the primitivism. We have friends who are policeman and they are full of trepidation because they have families to support. None of them wish to be the next Saint George Floyd

    One reason cancel culture is continuing is because people are not going after those who are initiating such primitivism. In other words, there’s no fighting back in this culture war. Unless the monopoly media is disassembled and the gangster deep state is dissolved, this country will disappear.

    On a side issue, a good friend of mine was just in Texas. He referred to a hotel being filled with National Guard troops. Apparently, it’s more than possible the wall will continue to be built.

    Don’t bet the farm on this country surviving. Perhaps the only hope is the factor of ethno states.

  7. charles frey
    charles frey says:

    01 Regrettably, this article omits to mention whether The Student Conduct Committee is made up of entirely staff, entirely Students, or a combination thereof, at what ratio, and the proportion of decision-making powers. Many questions which could have been answered in three lines.

    02 Also, the reader remains uninformed, whether Miselis completed his undergraduate work, in part or in total, at UCLA, prior to his PhD acceptance.

    03 If I were the lawyer of Miselis, and speaking of a personal, legal experience, pursued in person, all the way to the Supreme Court of Canada, I would consider approaching Miselis’ problem on the grounds of a Breach of Contract.

    04 Whether at UCLA also for his BS, or exclusively for his PhD, M entered into an implied contract: such and such tuition fees, additional fees, peripheral living expenses, passing grades and final examination conducted by three teacher PhDs, in return for said title.

    05 Common Law is very generous in its stipulation / definition of a contract. It can be written and signed by the two or more contracting parties. It can merely be implied by a history of preceding dealings.

    06 Breaking a contract, on the other hand, is exceedingly difficult and circumscribed. The primary text, entitled RECISSION OF CONTRACT, is a mere 2,100 pp. [ Fortunately, ” only ” 600+ pp pertained to my problem vis-a-vis a cheater ].

    07 ” Common Mistake ” is one such reason. I bought 20 Holsteins off you but you sent me 20 Herefords. Personal inequality another: one party is a highly educated, financially superior person to one lacking education and funds. Most of the decisions are set in case law, but the Judges are free to decide things their own way, warranted by the specifics of their case.

    08 If I were M’s lawyer, I would file a breach of contract against UCLA, at many millions, to distract them from their coffee breaks, and to compensate him for his undue loss of his diligently planned-for lifestyle. .

    09 One or more pre-filing rejections from similar woke universities all on one telephone line, few of whom teach his specialty, would be helpful as a supportive cause of action.

    10 It can be reasonably claimed, that M will suffer emotional distress indefinitely as well as incalculable loss of income for his family, as result of these woke clowns’ likely illegally arrogated [ fabricated ] decision-making process / authority. Particularly given his later impeccable conduct and distance from the campus.

    11 M did not go to the tremendous effort and expense to become a pizza baker who can subsequently and consequently bake pretzels.

    12 Yes, a superior Russian institution could also grant him a PhD, but that would require at least a working knowledge of the exceedingly difficult structure of their language: as well as additional time and expenses.

    13 Simultaneously, 12 above, would increase, rather than diminish or cancel THEIR also intended opprobrium, vis-a-vis a very limited number of also stylishly woke employers.

    14 All or part of which might be advanced as a cause of action by his lawyers, if you were kind enough to forward my comment, Dr. MacDonald.

  8. Oscar Wilson
    Oscar Wilson says:

    Graduate in Aerospace Engineering without a job iin the U/S?
    No worries, “Africa is blasting its way into the space race….a rare opportunity for new entrants” (“The Economist”, June 19).

    • charles frey
      charles frey says:

      01 THE ECONOMIST: at least 23% owned by Rothschild, who is left with total editorial control by his happy tribesmen controlling the other 77%, at various percentages.

      02 Africa is doing nothing, without Chinese or Israeli assistance. Miselis would be equally black-balled by Israel, for the same reasons as UCLA’s. The Chinese would first place their own, plentiful, US-graduates, to colonize Africa, WHO HAVE EARNED A PhD, UNLIKE OUR MAN.

      03 For our best ME ally, M might as well have been part of the torch-brandishing column in Charlottesville, who chanted ” Jews will not replace us ! ”

      04 M most likely has only a Master of Science at this point. Only his lawyers’ success against that scummy UCLA will put him back on his track.

      • Oscar Wilson
        Oscar Wilson says:

        Irony, Mr Frey. Afronauts – we can leave with O. J. Simpson (“Capricorn 1) and John Boyega (Star Wars) on the Planet Wakanda.

        The editorial globalism of this UK weekly is objectionable, but far superior to “Time Magazine” even in its old staccato-prose version.

  9. Michael Fury
    Michael Fury says:

    …To resist their erasure

    From history and the monstrous nature

    Of his cult, they had assembled lawfully

    In public space. His masked thralls massed to bully

    And assault them in the trap his enforcers

    Set for them illegally on his orders,

    But they passed his gauntlet like sovereign men

    (some only school-age boys), and dared like men

    Defend themselves in orderly retreat

    From his attack, as is the natural right

    Of every creature living on God’s earth.

  10. JM/Iowa
    JM/Iowa says:

    As much as I admire Mr. Allen’s efforts to hold accountable those who inflict injustice on Whites through the corrupt American courts, it appears the time is now that any of these efforts are rendered useless by those who administer this now odious institution. Mr. Allen’s own well presented case has been shot down at the Federal appeals level, leaving only a plea to the SCOTUS that’s heavily overrepresented by Jews.

    My friends, the noose is ever tightening. The question I have is, shall we swing together, separately, or together see about not swinging at all…? Natalldotcom

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