Author Archives: SHG

Minnesota Upholds Revenge Porn Statute, Overbreadth Be Damned

In a curious and troubling decision, the Minnesota Supreme Court reversed the Court of Appeals holding that its state revenge porn statute, which as such statutes go is at least fairly well circumscribed and limited so that some of the worst excesses are avoided.

617.261 NONCONSENSUAL DISSEMINATION OF PRIVATE SEXUAL IMAGES.

It is a crime to intentionally disseminate an image of another person who is depicted in a sexual act or whose intimate parts are exposed, in whole or in part, when:

(1) the person is identifiable: Continue reading

Testing Categorical Prosecutorial Discretion

What if an elected official ordered his subordinate, a lawyer, to issue a legal opinion that the law permitted the elected official to do something it did not? No, not President Trump ordering the attorney general to assert that the Pardon Power allows him to pardon himself. Not this time, anyway. Rather, the newly elected Los Angeles County District Attorney, George Gascón, is being sued by the union representing his subordinates for directing them not to apply charging enhancements.

The union representing Los Angeles County prosecutors has sued their boss, newly elected District Attorney George Gascón, over his attempt to impose justice reforms. Continue reading

Short Take: The “Height of Selfishness”

It’s not as if you hear much about it. It’s not good for the narrative. But that doesn’t do much to help the victims of the ongoing destruction in Portland.

A palpably angry Mayor Ted Wheeler today pledged a zero-tolerance policy toward property destruction by “violent antifa and anarchists… rampaging through Portland,” and demanded the Oregon Legislature increase criminal penalties for repeat vandalism offenders.

“My good-faith efforts at deescalation have been met with scorn by antifa and anarchists bent on destruction,” Wheeler said. “It’s time to push back harder.”

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Must There Be Consequences?

In a surprisingly insipid post, L.D. Burnett attempts to rebut Nick Grossman’s Arc Digital post that the damage done following the utterance of a racial epithet in a three-second snapchat failed to recognize that young people’s lives shouldn’t be ruined for the poor decisions that are emblematic of children. Considering that Burnett’s writing is usually thoughtful, this was disappointing, as was her reaction to criticism.

But considering her very progressive stance, this stood out above the myriad other failings of her argument:

But committing racist acts without expecting to face serious consequences is not a sign of immaturity; it is a symptom of assumed impunity.

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Short Take: The Next President (of URI)

To non-lawyers, the threat of suing carries some inexplicable weight. Do this or we’ll sue, they exclaim. Lawyers shrug. Sue away, we think, because so what? Will that be the reaction of whoever is making decisions at the University of Rhode Island to the cries of their activist students?

“Some Black, White and Latino students shall join in another class action lawsuit if the next URI President is not an African-American with an ancestry to slavery,” read the list of demands put out by the Diversity Think Tank at the University of Rhode Island. Continue reading

The Year of Reckoning With Responsibility

If years had names, perhaps 2020 would be called “The Reckoning,” as the word was ubiquitous, used promiscuously to contend that people of privilege had to come to grips with the suffering endured by those without. It was a time to “settle accounts,” we were told, as guys were sent out to collect by breaking kneecaps or burning down random people’s businesses.

The cops needed a reckoning for their treatment of black and brown people. White people needed a reckoning for their privileged life, even if it wasn’t remotely privileged, on the backs of a pyramid of the oppressed, even if they weren’t remotely oppressed. All in all, there was a lot of damage done with very little to show for it. Continue reading

2020 Out

When Dr. SJ and I married, the year 2020 was so far in the future that it was the Jetsons. Flying cars. A colorblind society. Everyone wore unitards and was healthy and happy until the age 100. Never would we have imagined it would be a pandemic and a president named Trump. It would have been as ludicrous as WAP becoming our national anthem.

Things didn’t turn out as anticipated. Things rarely do. It makes for interesting times. Continue reading

Short Take: Safety Abhors A Vacuum

In the fantasy world of defund police, a 7-year-old black girl doesn’t die from a bullet to the back of her head. Atlanta isn’t a fantasy world.

The random shooting death of a 7-year-old girl in Atlanta has prompted a coalition of politicians, police and businesses to ramp up calls to establish a private security force to supplement the Atlanta Police Department.

Seven year old Kennedy Maxie was fatally shot on Dec. 21 shortly after she had finished Christmas shopping with her family at the Phipps Plaza mall in Buckhead, an affluent residential and commercial neighborhood in Uptown Atlanta.

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Worse*, Because Reasons

It was somewhat surprising that a post about a 3-second Snapchat would go out into the wild, but it captured much of what’s at issue in the culture war. It wasn’t posted for shock value, or to demonstrate who was more culpable. To the extent blame was directed at anyone, it was the grownups.

First, the New York Times for publishing an article that framed the matter to valorize the young man who deliberately harmed a young woman, whose word choice was immature at best and offensive at worst, who intended harm to no one. Second, the University of Tennessee who succumbed to the shrieking of the mob by ousting her from matriculation. Continue reading

Prickett: An Ex-Cop’s Rebuttal To Christopher Young

Ed. Note: Greg Prickett is a former police officer and supervisor who went to law school, hung out a shingle, and now practices criminal defense and family law in Fort Worth, Texas. While he was a police officer, he was a police firearms instructor, and routinely taught armed tactics to other officers.

I don’t doubt Christopher Young’s sincerity when he wrote his op-ed in the New York Post. He says he is a progressive, and I don’t doubt it. He’s certainly not the only police officer who thinks that the War on Drugs is a failure, wants reform in other areas, etc. He then lists four police myths that he wants to debunk. The problem is that he’s wrong. My old mean-ass editor wrote about it and it’s good. It’s just not from the cop standpoint. Continue reading