The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

About The Volokh Conspiracy Editorial Independence Who we are Books Volokh Daily Email Archives Search DMCA RSS

Free Speech

Bill Otis (Ringside at the Reckoning) on the SPLC Indictment

Eugene Volokh | 4.26.2026 9:13 PM

Among other things, Otis responds to my post from yesterday; an excerpt:

The main criterion in a democratic system is not whether a given prosecution is common, but whether in this particular case fairly evaluated, the facts could be viewed by a reasonable jury as establishing the prospective defendant's guilt beyond a reasonable doubt. For one thing, adopting the "common prosecution" criterion leaves open many of the problems it's supposed to solve. How "common" is common enough to be confident the........

© Reason.com