A quick thought on these bills: Since Ferguson, I’ve heard many, many older white people voice their fear of inadvertently driving near a protest, getting stuck in front of a wall of protesters, then getting pulled out of their car and beaten.

newrepublic.com/article/162163…
Can’t tell you how many times I’ve heard it. It’s usually followed by an admission that if this happens, they’d have no choice but to run people over to save themselves or their families. It’s an oddly specific fear. And one some people apparently think about a lot.
I’ve heard it enough, especially from older white men — including some who might otherwise agree with much of the protesters’ message — that I’ve come to assume it’s common. Given the age of the people from whom I’ve heard it, my hunch is the Reginald Denny video...
... has something to do with it.

Such incidents are of course extremely rare. But when they have happened, they inevitably get posted over and over in the far right/law-and-order ecosystem.

The notable thing here is how quickly this irrational but potent ...
... fear among older white people has resulted in (terrible) legislation.

It’s quite a contrast with how little interest state legislatures have shown in the far more rational fears black people have expressed for decades about, for example, police abuse during traffic stops.

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More from @radleybalko

9 Apr
Just stumbled on this humdinger of a qualified immunity case from 2019.

A Georgia man was exonerated by DNA after serving 7 years on a rape conviction. Because the Georgia had no compensation law for wrongful convictions, the state legislature . . .

media.ca11.uscourts.gov/opinions/pub/f…
. . . had to pass a special bill to compensate him. The DA who prosecuted him (the same DA who prosecuted Troy Davis, BTW) wrote a letter to the legislature claiming the man was still under indictment for rape and kidnapping. This was false to the point of libel. But it worked.
Because of the letter, the legislature killed the bill before it came to a vote. So the man sued the DA. In 2019 the 11th Circuit ruled: The DA lied, but he's still entitled to QI.

Why? Because there's no "clearly established law" stating that it's unconstitutional ...
Read 4 tweets
1 Apr
If, like me, you're dizzied by the back and forth over the Georgia voting law, this is helpful. Seems like the GOP wanted to make the law a lot worse, but backed down after backlash. The law does expand voting access in some ways, ...

businessinsider.com/georgia-new-el…
... but more in rural (read: white, conservative) areas. The water thing is real, and bad. There are some good parts, like mandating new precincts in areas where there have been long waits. Some provisions seem destined to make vote counting more chaotic. But the worst part is...
. . . kneecapping the secretary of state by giving the legislature control over the election board. Hard not to read that as direct repudiation of Raffensperger for doing his job, and not facilitating Trump's attempt to nullify the presidential election.
Read 4 tweets
4 Mar
I don’t know if “defund” cost the Democrats votes among some demographics. Polling suggests so. But polling also suggests they picked up votes among others. Here’s what the Floyd protests definitely did do: They moved the needle on qualified immunity, no-knocks, and police abuse.
They inspired state-level reforms that weren’t fathomable a year ago. Maybe “defund” created room for those positions. Made them seem moderate. However it happened, it happened.

Much of the reaction to that Shor interview has been about points-scoring in the wokeness wars.
It’s been centrists and libertarians who otherwise claim to care about police reform scolding those silly protesters for making unreasonable demands. Here’s the thing: The protests achieved more in eight months than centrists and we libertarians have in decades.

Maybe it’s ...
Read 6 tweets
21 Feb
Based on the comments at the WP to my piece yesterday, I think an explanatory thread is in order.

The study I wrote about was designed to see if medical examiners' manner of death determination can be influenced by cognitive bias.
washingtonpost.com/opinions/2021/…
This is important because we tend to think of an ME's opinion as grounded in science than, much more so than, say, a tire tread or fiber expert. But determining "manner" of death is typically much more subjective "cause" of death. This, despite ...
... the fact that a manner of death determination is profoundly more consequential. If an ME determines a death was an accident, we have a tragedy. If an ME determines a death was a homicide, there's a very good chance someone is going to prison for a long time. As I point ...
Read 21 tweets
20 Feb
New from me. This is an important, first-of-its-kind study.
washingtonpost.com/opinions/2021/…
I currently know of three men sentenced to death b/c a medical examiner determined a child death the defendant said was an accident to be a homicide. All three determinations have since been challenged by multiple other medical examiners.
First is Jeffrey Havard. Convicted b/c of Shaken Baby diagnosis and sexual abuse claims, all since refuted by multiple other MEs. Judge recently ruled SBS is questionable enough to change death sentence but not conviction. Which doesn't make much sense.

washingtonpost.com/news/opinions/…
Read 5 tweets
26 Jan
This piece provides receipts for what I agree is regrettable anti-First Amendment sentiment among some elite journalists and academics. (Though I'm not sure it's all that new). But it also undermines its own premise by conflating that with . . .

tabletmag.com/sections/news/…
. . . non-state pressure on private companies (social media, cable providers, app stores, etc.) to prevent the spread of misinformation. It also does some eye rolling at the very idea that misinformation is something worth worrying about. Which I find baffling.
OANN and Newsmax built their audiences flattering the president with favorable coverage so he'd promote them. Which he did. The outlets' sole purpose was to present the lies of the man who led the most powerful country on earth as truth. I just don't see how private actors ...
Read 7 tweets

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