Tuesday Talk*: Should Protest Become “Domestic Terrorism”?

In reaction to the “mostly peaceful” protests of 2020, the City of Atlanta decided to build a police training facility on an 85 acre tract of land, which included a mock city. Protesters of what they dubbed “Cop City,” who called themselves “forest defenders,” have taken to the woods to fight against the initiative.

Protesters, many of whom are college students and or from out of state, have set up camps throughout the 300-acre Weelaunee Forest, as the land was called by its original inhabitants from the Muscogee Nation before serving as a plantation site during the Civil War and later as a prison farm until 1990. They’ve even constructed treehouses and set up barricades in an effort to halt the construction process. Continue reading

French Fries

It’s a curious path from the National Review to the New York Times, given the ouster of James Bennett, the long time editorial page editor, following the Times’ publication of Senator Tom Cotton’s op-ed. Then there was Bari Weiss’ quitting in the face of unwelcoming colleagues who characterized her as a liar and bigot. Yet, here we are, with former NRO writer David French making his debut as a New York Times columnist.

Before I go further, let me put my own partisan cards on the table. I’m a conservative independent. I left the Republican Party in 2016, not because I abandoned my conservatism but rather because I applied it. A party helmed by Donald Trump no longer reflected either the character or the ideology of the conservatism I believed in, and when push came to shove, I was more conservative than I was Republican.

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Educational Value

Florida Governor Ron DeSantis argued that the reason Florida rejected the Advance Placement course in African American History is that it lacked “educational value.” It’s not that units one through three lacked educational value, but that unit four introduced such things as black queer theory and critical race theory, which, per DeSantis, violated Florida’s unconstitutional Stop WOKE law.

If changes were not made to the AP course, the course would not be allowed in Florida’s schools. The College Board subsequently changed the curriculum of a course that never before existed. A glittering party was held at the Smithsonian National Museum of African American History and Culture to celebrate the introduction of the course. Mara Gay was there to enjoy the jazz and collard greens. Continue reading

Seaton: But His Emails (Rabbit Year Edition)

Prefatory Note: For those of you who might be new around here, I’ve got a hacker contact that sends me regular batches of emails Sheriff Roy composes on his office computer.

The Sheriff’s got lousy cybersecurity. Anyway, enjoy a look at what’s been on his mind this year!—CLS

January 1, 2023
FROM: Templeton, Roy ([email protected])
TO: ALL DEPARTMENTS
SUBJECT: New Year’s Vision Board Issue Continue reading

The Word Resist

Does it fall under the “woke” heading? Who knows, but the correlation seems clear. The nonsensical reimagination of language to eliminate “hurtful” words and phrases and replace them with more sensitive words remains very much alive. In the desperation to find ever more signifiers of empathy, no matter how ridiculous it may be to believe that it makes any  substantive difference other than to signal one’s virtue to the world that one is attuned to the language of the woke, lists continue to be pushed upon others as to what they should no longer say. Continue reading

Fear of Outing At Yale

Sure, mommy and daddy are thrilled to tell the neighbors that their baby goes to Yale Law School, but will they still be so thrilled with their lil darling when they see that angelic face in a shot of outlaws @ Yale? After learning that Yale Federalist Society held an event with Kristen Waggoner of the Alliance Defending Freedom (“ADF”) which, this time, went forward without incident, David Lat wondered whether this meant YLS had emerged more open and tolerant of diverse views or something else.

One of [Lat’s] sources, a current Yale Law School student who was involved in last year’s protest, shed light on this topic, in a detailed and thoughtful email (reprinted with their permission, with links added by me for clarity):

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Harder Still To Find A Surety

A perpetual problem for federal defendants that rarely makes the radar otherwise is that they’re unable to get any financially responsible person to sign off on their personal recognizance bond for release from custody. In most cases, the concern of potential sureties is that by signing a PRB for a defendant charged with a serious crime, which is most federal defendants, the surety will put a target on his back for federal agents, who will then conduct a financial, if not personal, colonoscopy to see what they can find with which to charge the surety. Continue reading

Tuesday Talk*: How Much Hardship Is Due?

One of the perpetual conundrums of law is when rights conflict, one has to give. Oftentimes, the relative rules are crafted by looking at a standalone right, extolling its virtues and then protecting it from encroachment. It’s a fine system, until the right being protected runs head first into someone else’s right. At that point, it’s usually left to the Supreme Court to do the dirty work of coming up with a test to determine which right prevails. For the most part, this has followed the rising or falling popularity of a right.

Since the 1960s with the passage of the Civil Rights Act of 1964 in general, and Title VII prohibiting employment discrimination in particular, religion has generally become a second-class right despite its free exercise being protected under the First Amendment. It wasn’t so much antagonism against religion as the rising concerns for other areas of discrimination that were considered far more at risk and in need of remedy. Continue reading

Criminalizing The Impossible

In the scheme of impossible demands, the sex offender registry concept has more than its share. Much as there may be empathy for certain crimes and criminals, sex offenders remain pariahs as an incident to rape culture and believing women. While there’s empathy for murders, there’s nothing but hatred and damnation for anyone who’s saddled with the “sex offender” characterization, whether deserved or not. So in 2021, Attorney General Merrick Garland decided to add another impossibility to the mix, because who doesn’t hate sex offenders?

The lead plaintiff, identified as John Doe in court documents, enlisted in the Marines at 17. Six years later, according to the original complaint, he had “a consensual but inappropriate encounter” with a 16-year-old girl that “did not involve sexual intercourse.” Because the teenager was two years younger than California’s age of consent, that encounter resulted in criminal charges. Doe pleaded no contest to a misdemeanor count of sexual battery, which required him to register as a sex offender. He was sentenced to three years of probation. Continue reading

Credential Creep

Before my son graduated from college, we talked about his job search. I, font of wisdom that I am, told him about what it was like when I was young. He, more attuned to the current world, told me that those days died with the horse an buggy. No longer did people knock on doors, send letters directly to the head of Human Resources or the CEO, and lay out why they wanted, and were qualified for, a job in their enterprise. Those days were gone, indeed.

He showed me the online job sites and the problem he was looking at. He came onto the job market with a bachelor’s degree in mechanical engineering from MIT. Not too shabby, right? Wrong. Job after entry level job, they wanted candidates with master’s degrees to do work that barely required a degree at all. Continue reading