January 24, 2021

IF THIS HAPPENED IN CHINA, NO ONE BUT PRC STOOGES WOULD DEFEND IT: Pretrial Release Condition: Can’t Speak About “the [Capitol] Protest or the Matters Related to the United States Government.”

Eugene Volokh comments: “The restriction on all speech about the riot, or criticisms of the federal government (even if read as limited to criticisms related to the substance of the riot) strikes me as pretty clearly unconstitutional, even given the extra authority the government has as to pretrial release conditions. . . . The protest attendance restrictions also seem to be unconstitutional, unless there’s specific evidence that Beckley is likely to engage in trespass, vandalism, or violence at future protests. (Note that the Oregon no-protest restrictions were quickly dropped.)”

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