A group called “Women for America First” didn’t so much object to the painting of Black Lives Matter on a New York City street. They just wanted their turn. After all, if one political point of view gets to use Fifth Avenue to express its message, how can the government deny others the same opportunity? Southern District of New York Judge Lorna Schofield said no.

The surfaces of public streets are not traditional public fora for the dissemination of private speech. Plaintiff argues that public streets are public fora that “have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.” Pleasant Grove City, Utah v. Summum (2009). Plaintiff accordingly concludes that the government must narrowly tailor any content-based restrictions of speech to serve a compelling government interest. Continue reading →

There’s a lot of confusion about what parole is, which is simply an interim period after service of a sentence of imprisonment during which a person remains under the supervision of the state as he transitions from incarceration to completion of a sentence. There is no such thing as federal parole anymore, although federal sentences include a post-incarceration period of supervised release.

But parole, the state beast, is generally granted at the end of an indeterminate sentence, such as 25 years to life, such that after serving the minimum period of imprisonment (25 years in this example), a defendant becomes eligible for parole. It is then up to the Parole Board, usually a highly political appointment with essentially no oversight whatsoever. It’s a system fraught with problems, many of which have been raised here in the past. Continue reading →

There is something an old guy can do that young people can’t: call bullshit. There is a reason for this, that you can’t cancel someone for thinking wrong after he’s out of the picture. You can disappear his books, articles and lectures, but it doesn’t change that they happened, that people read them and that they were influential.

You can call him mean names, bad words, but young people lack the capacity to understand that their elders aren’t vying for their “likes” and approval. We weren’t reared in the fragile climate of addictive validation, where getting ratio’d cracks our feigned self-esteem into tears of misery. Continue reading →

Rush Limbaugh died. Many people twitted about it, as people do. I was no fan, so I said nothing. I usually do a “RIP” for a notable death, but this time I didn’t. Many had some very hateful things to say, like “thank got” and “I didn’t celebrate his life, but I’ll celebrate his death.” People hated Rush Limbaugh. and saw this as the opportunity to say so.

“Not proud of this,” a friend wrote to me in a text message mere minutes after the news broke on Wednesday, “but feeling really good about Rush Limbaugh dying.”

There is a difference between hating what Rush said and did, and “feeling really good” that someone died. This text message, shared by Frank Bruni, was relatively benign compared to much of what I saw, and it did, after all, begin with “not proud of this.” Continue reading →

Prefatory Note: I told my wife this week of my interest in taking Chris Harrison’s hosting duties for the “Bachelor” series of TV shows. “Fuck no,” she told me, “you’re the least sympathetic person to put on television. It’d never work.” I decided to write a bit of what “The Bachelorette” might look like if I had my way. She might be right. You be the judge–CLS

[We open on a scene of a man standing in front of a lavish manor-style hotel. Brown-haired and in his forties, the man wears a tweed jacket, a black T-shirt with the design of the back of a red playing card, and jeans. He holds a snifter of brandy.] Continue reading →

A nagging problem with navigating the gridiron of an unprincipled ideology is that no matter how hard you try to be on the right side of the goalposts of woke, they get moved on you and you find yourself being the baddie instead of the goodie, which you were until you weren’t. This isn’t a surprise, as it was the obvious and necessary outcome of an identity and victim-based view of life, since no one can ever know with certainty which identity trumps which at any moment, or who is the most victimy victim based on a what wrong is the most heartbreaking flavor of the day.

But for those who staked their claim of prominence in PD Twitter, their moment on the pedestal of social justice may be coming to an end. Unlike the old criminal law blawgosphere, where lawyers addressed most of the issues now raised by PD Twitter and its one-time dear friends, the reform activists, it was done with a focus on factual honesty, logical integrity and a level of detail and thought that was deeper than 240 characters. Continue reading →

Bachelor Nation:

I would like to take this opportunity to throw my name in the running for host of the next “Bachelorette” season. I don’t just want “The Bachelorette.” I want Chris Harrison’s job.

For the rest of you wondering, “why is Seaton trying to land a reality TV host job,” allow me to fill you in on the rumor and innuendo regarding one of ABC’s biggest cash cows. Currently the Bachelor is Matt James, a black man. He’s in this spot following the events of last summer and calls from Rachel Lindsay, a former “Bachelorette,” to make the casting on the shows more diverse. Continue reading →

Ex-Voxer Ezra Klein takes on an extremely complicated and highly controversial issue at the New York Times addressing the tipping point between enabling sloth and the dignity of poverty labor. It’s a fascinating issue, and if it interests you, you should go there and let Ezra know what you think, because that’s not the focus of this post and I don’t want to hear it.

Rather, Ezra opens with the obligatory anecdote to set up his readers’ emotional reaction to what follows, and that’s the point here. Continue reading →

The call was for a troubled person in a troubling situation. Gabriel Eduardo Olivas was suicidal, having doused himself with gasoline, so his son called 911. Two Arlington, Texas, police officers, Jeremias Guadarrama and Ebony Jefferson, responded to the call and found Olivas smelling of gasoline.

The police claim that Olivas threatened not only to torch himself, but to burn down the house, an allegation his family denied in their §1983 complaint, which should have been taken as true for the purpose of a motion to grant the cops qualified immunity. The court nonetheless factored it into its decision. Continue reading →

Remember when red light cameras and speed radar first arose as a great idea, essentially free money for municipalities with no due process for the “convicted,” who might not have been the violators if there even was a violation, which couldn’t be clear because who knew if the machines were working right, properly calibrated, or just taking random pics and sending out tickets because there was money to be made?

Criminal law reformers hated them, challenged them, and they were ultimately held unlawful and in disrepute, banned and rejected as a foolish and dangerous idea. But that was then and this is now, and suddenly it’s not merely back as part of the neo-reformed simplistic solution to intransigent problems, but what was once roundly acknowledged as dumb and simplistic is now “such a smart idea.” Continue reading →