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First story on today's show is the Chauvin motion for downward departure. The Judge said up to 30 years, Chauvin countered with "...how about a firm talking-to?" Andrew breaks down the (mostly terrible) arguments. Then, we talk about a conservative cancel culture story – a Stanford Law student put up an obviously satirical and hilarious flier roasting the Federalist Society and then was punished by the school. Listen for the details and some history on campus free speech!

Links: The First Amendment Encyclopedia, Campus Hate Speech Codes, California Education Code § 94367, Corry v. Stanford, Stanford Flyer, Fed Society Complaint

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Anonymous

As a public defender I've made similar arguments when it comes to mitigation. Sometimes you don't have a lot to work with! As an example, I have a case where client pled to a felony and would get a misdemeanor if she stayed out of trouble for one year. She did not stay out of trouble. She was sent to jail in another county. However (!) she's really turned her life around. I had to wrestle with arguing for the misdemeanor based on her later success versus asking for probation and no jail time on the felony. I ultimately decided asking for no jail time on the felony was more realistic and the misdemeanor was too much of a reach.

Anonymous

I had the most picayune of AWW’s: he was saying “flouted,” as in “Roger Stone routinely flouted the gag orders of the judge,” but he pronounced it “flaunted,” as we would say “Roger Stone flaunted pinstripes the thickness of his tooth veneers, perhaps in order to get accustomed to bold stripes in the state-sponsored wardrobe he may soon be wearing.” One of those words I write correctly but that half the time when I speak, the wrong one comes out.