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Jens 'n' Frens
Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.
"A strong conviction that something must be done is the parent of many bad measures."
-- Daniel Webster
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Tuesday, March 25, 2008 :::
A jury in New Hampshire has deemed a threatening letter from a lawyer to be extortion. I'm sure this was a surprise to the lawyer, but I'm sure the jury is out of line.
There's a similar question in fourth amendment law. A police officer can search any property, whether or not there is probable cause, if consent is given, which seems reasonable to me. But my understanding is that the court's definition of voluntary consent is different from a layman's. If a police officer knocks on your door or pulls you over and asks, "may I search your house/car?", is that a request? I think a court would say yes, but I'm not sure it would be clear to the askee that "no" is an option.
And I think I've mentioned this dilemma in freedom of speech cases, particularly in university settings. The administration has to be allowed to express its own opinions, but has to do it in a way that makes clear that students and staff won't be punished for disagreeing.
The line between impermissible coercion and commendable persuasion is sometimes unclear. I don't know that the jury wasn't too aggressive, but I also can't say they were unreasonable.Labels: IANAL
::: posted by Steven at 8:27 PM
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