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First Amendment Protects the Finger

A survey would likely find infinitely more arrests for finger flipping than finger pulling. However, the First Amendment protects finger flipping, as confirmed earlier this year by the Western District of Pennsylvania: By 2006, numerous federal courts, including a United States District Court in Pennsylvania,...

The jury is the thing. Petty offenses are the barrier

Bill of Rights. (From the public domain.) Yesterday I blogged on a recent marijuana bench trial victory in federal magistrates court. In my view, however, it is unconstitutional — absent the clear and informed consent of the criminal defendant on the record in court — to expose...