Crime
Demarcus McCloud boarded the IndyGo bus around 7:00 a.m. on April 24, 2024. He was carrying a piece of cloth and a jug and took a seat near the center of the bus. As the bus rolled, he covered himself with the cloth, a white sheet, and began pouring the contents of the jug onto the bus floor. The bus driver, noticing the smell of gasoline, pulled the bus over near the 3700 block of Meridian Street in Indianapolis. McCloud stood and lit a piece of paper on fire. He then threw the burning paper toward where he had poured the gas, combusting an explosive ball of fire. McCloud was close enough that his leg was burned, yet he still managed to flee the scene. By the grace of God, no one else was injured, though there were three other passengers along with the driver. The bus, however, became completely engulfed in flames, causing $2 million in damages. McCloud was later found hiding in a McDonald’s bathroom and arrested for arson.
Just two weeks prior, McCloud had been arrested for trespassing at the Methodist Hospital, but was immediately released. He then failed to appear at his initial hearing, but no warrant was issued. Instead, he was given a new date. He didn’t make it to that one, though, because he burned a bus to the ground first.
McCloud was no stranger to the system. He had been arrested 20 times in the last five years, 6 in 2022 alone. Forty-six times in the last twenty. His arrests run the gamut: carjacking, possession of a firearm by a serious violent felon, battery, domestic battery, intimidation of a police officer, strangulation, burglary, driving offenses, numerous drug offenses, criminal mischief and trespassing. Indy FOP President, Rick Snyder, commented, “If you’ve got somebody that’s been in and out of jail 46 times, I think it’s safe to say the system is failing to do their part.”
Free Speech
John Nassif was among the people that rioted and breached the U.S. Capitol on January 6, 2021. Nassif was later charged with the federal crime of Demonstrating Inside the Capitol. After he was convicted of that offense at trial, he appealed. On appeal, Nassif argued that the statute criminalizing demonstrating in the U.S. Capitol is unconstitutional because the Capitol building has historically been open to the public. The D.C. Circuit Court of Appeals ruled recently that the law is constitutional. It has long been held that reasonable time, place, and manner restrictions do not violate the First Amendment. The Court reasoned that since the Capitol building is also the Congressional workplace, it is reasonable for Congress to impose restrictions on the kind of activity that may take place inside. While Nassif may have raised a creative argument here, the law in this area is well-settled.
More free speech
Speaking of demonstrations gone awry and well-settled law, college campuses across the nation have erupted this week with pro-Palestinian demonstrations. On most campuses, protestors have set up large-scale tent encampments, some of which they have declared “autonomous zones.” Protestors have hurled hateful invective about Jews and Israel. In some instances, they have blocked access to classes and targeted Jewish students. There have been a couple of violent episodes.
Students certainly have free speech rights on college campuses. At the same time, colleges are allowed to regulate the place, time and manner of demonstrations. For instance, students may gather in public spaces, but they may not obstruct access to university facilities. They also may not disrupt the learning environment. They cannot encourage violence or engage in violent acts.
Universities have had varied responses to these incidents. On one end of the spectrum, UT Austin overbroadly had everyone arrested, likely violating some students’ free speech rights. At the other end of the spectrum is Columbia University, where university administrators have been absurdly passive. It got to the point where students took over a main campus building and barricaded themselves inside. They declared they would not come out until the university divests from Israeli companies and grants the students amnesty for violations of school policies. Finally, late in the week, the University sought the assistance of the NYPD to remove and arrest the students. Amid the unrest, Columbia has cancelled classes for the remainder of the year, depriving the law-abiding students of the education they paid for.
Too many Universities have responded tepidly to the protests as if they are a difficult problem to solve. They have done this because the students are expressing an ideology the colleges have fomented for years. In fact, in many instances faculty have joined the students in the protests. It is not a hard problem to solve—expulsion and arrest for those violating school policies and the law.
Other
Not long ago, I wrote about the “tranquility room” at a recent Indiana judges’ conference, where judges could go to “find a pocket of serenity.” I was pretty hard on the organizers for thinking such a thing is necessary. Little did I know they were being conservative. This week, I learned that the Kentucky Bar Association’s annual conference also has a special room, but their room is filled with puppies. The KBA conference will feature a “puppy pit!” Presumably, fully grown, adult Kentucky lawyers can go there to “destress” from the rigors of the conference. What’s with this trend? Are lawyers really this fragile? How about at the next conference we skip the tranquility room and puppies altogether and just commit people directly to mental hospitals.
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