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Sunday, May 19, 2013

Hooliganism in Moscow, Bullying in Delaware: A Rose by Any Other Name

The American press rightfully has been having a field day berating the Putin government for its use of the infamous “hooliganism” statute in the “Pussy Riot” controversy. But back here in the States, the University of Delaware has begun using an equally vague handle – denominated a “disruptive conduct” code – to abolish what is increasingly becoming the American analogy to Russia’s “hooliganism,” namely “bullying” or “harassment.” In my most recent column for Forbes.com, co-authored with my research assistant and FIRE Program Associate Juliana DeVries, we point out that, while just about everyone has come out to condemn the Russian court system, very little attention has been paid to this outrageous free speech violation right here at home. The column after the jump...

Gibson Is Off the Feds' Hook. Who's Next?

On July 30, I wrote a piece on my “Injustice Department” blog on Forbes.com discussing the narrow-mindedness of the Gibson Guitar Company CEO’s claim in a Wall Street Journal op-ed that the United States Justice Department is waging a war against capitalism. It is a war, I suggested, against many sectors of civil society.

Since that piece went up, Gibson Guitar has entered into a deal with the DOJ in which it sort-of admits guilt to alleged violations of the Lacey Act, pays a whopping fine, and will emerge without a criminal conviction in the end. Gibson took this step even though the company and its CEO earlier had publicly proclaimed their innocence. My latest piece, published in today’s Wall Street Journal, explains how corrupt plea-bargaining practices at the Department of Justice, as opposed to actual guilt, likely led to Gibson’s guilty plea and, most disturbingly, to its agreement to stick to a negotiated script with regard to the question of guilt versus innocence. As is increasingly true at the Department of Justice – via a process that has been gaining momentum since at least the mid-1980s – there is no longer a principled and discernible line between truth and falsehood.


Should Bulger Trial Judge Recuse Himself? Silverglate on WBUR

There are two tests for whether a judge should recuse him or herself from a trial. First, does the judge have a bias? And second, might a reasonable person question the judge's impartiality? Reasonable questions certainly exist as to whether Whitey Bulger trial judge Richard Stearns can be impartial, including the accusation that the U.S. Attorney's Office "judge shopped" to put the case in front of Judge Stearns instead of Judge Wolf. David Boeri interviews me (and others) for his WBUR report on this controversy. 

'Three Felonies a Day' Garners a Shout-out from George F. Will

There has been much outrage about the federal government's crusade against Nancy Black, the marine biologist and whale watch guide currently facing charges of abusing whales (by allegedly feeding them) and tampering with evidence. George F. Will's July 27 column in the Washington Post is a veritable indictment of the conduct of Department of Justice and National Oceanic and Atmospheric Administration overreach. The column makes for interesting reading, and also contains a shout-out to my book Three Felonies A Day. Will is right to connect Nancy Black's misfortunes at the hands of federal agents with the greater picture of overcriminalization. The vast, unchecked expansion of the federal criminal code in recent decades, which has criminalized many of the basic activities of civil society, means that not even a whale watch guide is safe if a whale is too friendly for federal agents' comfort.

To the CEO of Gibson Guitar: It's Not Just a War Against Capitalism

On July 19, there appeared in the Wall Street Journal an interesting Op-Ed by Henry Juszkiewicz, the CEO of Gibson Guitar, claiming that a raid on his company’s facilities by federal agents is representative of a greater “war against capitalism.” Yet as my co-author Zachary Bloom and I argue in our latest piece for my Forbes.com blog, “Injustice Department,” Juszkiewicz’s Op-Ed suffers for being too narrow and self-focused. In reality, the raid on Gibson’s facilities is less representative of a war on capitalism than of a war on all of civil society, being waged by an out-of-control U.S. Department of Justice wielding vague laws passed by a Congress that clearly does not understand the consequences of its legislative actions, and regulations enacted by administrative agencies drunk with their own powers.

The article after the jump...


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