Cashing the Check of Justice

But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity in this Nation.

So we have come to cash this check. 

–Martin Luther King, Jr. , “I Have a Dream” (1963)

I just got home from nearly three weeks abroad. Waiting for me in the mail: final judgment in my favor on my Superior Court appeal against Bedminister Municipal Court. But the case is not over. Continue reading

Free Speech on the Shoals of Ideology

This Op-Ed offers a cautionary tale for two apparently opposed sets of ideologues: right-wingers convinced that the Left has a monopoly on campus censorship, and left-wingers skeptical of the connection between government support for education and government suppression of educators. In Florida and New Jersey, the Right is censoring the supposed racism of the Left through pro-Israeli legislation; meanwhile, the Left, usually so eager to make accusations of racism, is caught off guard by the Right’s “anti-racist” resort to coercion and hysteria. Continue reading

The Unwarranted Demonization of Scot Peterson (4)

Readers of Policy of Truth know that I’ve been doing a series of posts on what I call “The Unwarranted Demonization of Scot Peterson.” Scot Peterson was the School Resource Office, or armed law enforcement officer, assigned to guard Marjory Stoneman Douglas High School in Parkland, Florida, scene of what’s now known as the Parkland shooting of February 2018. Peterson is often described in press accounts as having “hid” or “done nothing” for the duration of the shooting, and has widely been ridiculed as a “coward” as a result. He was arrested in early June of this year, briefly held in jail, and charged with several counts of child neglect, culpable negligence, and perjury. Here’s a link to the arrest warrant detailing the charges against him (41 page PDF). Continue reading

DUI, Refusal, and Procedural Rights

Here’s a question (or two, or a bunch) for the lawyers out there, particularly anyone specializing in traffic law, especially DUI in New Jersey, assuming that any of them read Policy of Truth:

I don’t drink, much less drink and drive, so I’m sitting here in a calm moment with no legal issue at stake trying to understand New Jersey law (NJSA 39:4-50.4a) on DUI testing and prosecution for refusal. It just amazes me how poorly drafted even the simplest and most ubiquitous law turns out to be. Continue reading

El Que La Hace, La Tiene

Nay, the extent of ground is of so little value, without labor, that I have heard it affirmed, that in Spain itself a man may be permitted to plough, sow and reap, without being disturbed, upon land he has no other title to, but only his making use of it. But on the contrary, the inhabitants think themselves beholden to him, who, by his industry on neglected, and consequently waste land, has increased the stock of corn, which they wanted.

–John Locke, Second Treatise, sect. 36

“Is the land there owned by the peasants?”

“Most land is owned by those who farm it. Originally the land was owned by the state and by living on it and declaring the intention of improving it, a man could obtain title to a hundred and fifty hectares.”

“Tell me how this is done,” Agustin asked. “That is an agrarian reform which means something.”

Robert Jordan explained the process of homesteading. He had never thought of it before as an agrarian reform.

“That is magnificent,” Primitivo said.

–Ernest Hemingway, For Whom the Bell Tolls, ch. 16.

The Premature Demonization of Scot Peterson Revisited

The Stoneman Douglas High School Shooting, aka the Parkland shooting, took place on February 14, 2018. At the time, I wrote four blog posts posing unanswered questions about the shooting, questions that (it seemed to me) weren’t being asked or answered by press reporting at the time. Here are the first, third, and fourth. I could well have written another four, but lost track of the issue for lack of time and initiative.

The second of those posts was on what I called the “premature demonization of Scot Peterson.” Peterson, you’ll recall, was the police officer assigned to the high school as security (the “SRO,” or School Resource Officer), and accused of “cowardice” for his “failure” to enter the building where the shooting was taking place. In my original post on the subject, I raised questions about the appropriateness of both of these judgments. It wasn’t obvious, at least from the facts reported at the time, that Peterson had “failed” at anything, nor was it clear that he was guilty of “cowardice.” Continue reading

Teach Your Children

I have what I regard as a good working relationship with the Rutherford Police Department, and count its chief, John Russo, as a friend. I’ve hosted members of the Department twice at my university, and have been a guest of Chief Russo’s at the Department itself. I have no objection to police visits to schools per se, but I think some balance is in order: if cops are going to visit schools, civil libertarians from the ACLU or similar organizations should be visiting the same students in the same schools. A school unwilling to host civil libertarians should not be hosting cops. Far too many do.

https://twitter.com/RutherfordPDNJ/status/1103848659538579457

Continue reading

“Naila and the Uprising”

For scheduling reasons, as usual, I missed my chance a few weeks ago to see Julia Bacha’s documentary film, “Naila and the Uprising” at the UN, where Bacha, the director, was in attendance to discuss the film at a pre-showing event. In case you were wondering, Julia Bacha is a filmmaker with Just Vision, an independent film company dedicated to “rendering Palestinian and Israeli grassroots leaders more visible, valued and influential in their efforts.” And “Naila” is the story of a young Gazan woman’s participation in the first Palestinian uprising, or intifada, of 1987-1993. Unless you’re a connoisseur of things Palestinian, you’d probably never have heard of director, film, or company. And if ordinary experience is any guide, American connoisseurs of things Palestinian are in pretty short supply. Continue reading

R. Kelly and Mob Justice

I was on spring break last week, so I made the mistake of sitting down and watching some TV for the first time since Thanksgiving. Maybe it’s just my ineptitude with a remote, but aside from Ilhan Omar’s anti-Semitism, the only topic that seemed up for discussion was R. Kelly and the charges made against him. (I also made the mistake of watching Spike Lee’s “BlacKkKlansman,” quixotically expecting a Spike Lee movie to rise above the level of a comic book, but alas, wrong again. More on that fiasco some other time.)

Here’s an obvious point about guilt and innocence when it comes to criminal charges: if you’re going to try someone for a criminal allegation in the court of public opinion–a very big and very dubious if–you have to distinguish clearly between four mutually exclusive things:

  • the case against him,
  • the case in his defense,
  • the set of known facts that don’t easily fit either of the first two categories, and
  • the unknowns.

The least you can do is to try to do justice to the facts in all four categories, rather than fixating on, say, the case against him to the exclusion of everything else. There are complications here about how broadly or narrowly to understand each category, but even if we set those aside, there’s more than enough complexity here to keep a competent journalist busy for awhile. Continue reading

How to Face Down the Secret Service

More or less like this:

https://nypost.com/video/woman-who-posted-about-trump-slams-door-on-secret-service-agent/

And not just the Secret Service, but any law enforcement agency that treats you as these officers treat her.

On the whole, I’d say she gets things just right. Some minor criticisms:

I would not have bothered to ask the agent about any charges the Secret Service might be contemplating; unless they’re formally making a charge, they won’t truthfully tell you what charges they have in mind. In any case, they have the legal authority to lie and bluff about whatever charges they’re contemplating, so there’s no reason to believe anything they tell you before they arrest you. If they have a formal charge to make, they’ll make it if and when they arrest you (or even more precisely, if and when you’re arraigned); otherwise, asking about prospective charges is a waste of time, and a good way of getting needlessly drawn into an unintentionally incriminating conversation with them, which is what they’re here for, and the last thing you want to do. Continue reading