Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—January 14

(Phil Noble/REUTERS)

1989—“Kreimer’s odor prevents staff member from completing copying task.” So reads the day’s entry in the logbook that the Morristown, New Jersey, public library has set up to chronicle the disturbances caused by Richard R. Kreimer, a homeless man who frequently camped out in the library, was belligerent and disruptive, stared at and followed library patrons, talked loudly to himself and others, and had an odor so offensive that it prevented areas of the library from being used by patrons and from being worked in by library employees.

Some two years later, poetically pronouncing that “one person’s hay-fever is another person’s ambrosia,” federal district judge H. Lee Sarokin will rule that the library is a traditional public forum like a street or sidewalk, that the library’s policies are overbroad and vague in violation of the First Amendment, and that they violated substantive due process, equal protection, and the New Jersey constitutional guarantee of free expression. (See This Day for May 22, 1991.) The stench produced by Sarokin’s opinion will ultimately be dispelled by a unanimous Third Circuit ruling rejecting each of Sarokin’s grounds.

Most Popular

White House

The Democrats’ Burisma Bait and Switch

Imagine you get indicted in a swindle. The prosecutors represent that they can prove you and your alleged co-conspirators planned to fleece a major financial institution. You counter that you weren’t fleecing anyone. Sure, you were asking for millions in loans, but the collateral you were prepared to post was ... Read More
White House

The Democrats’ Burisma Bait and Switch

Imagine you get indicted in a swindle. The prosecutors represent that they can prove you and your alleged co-conspirators planned to fleece a major financial institution. You counter that you weren’t fleecing anyone. Sure, you were asking for millions in loans, but the collateral you were prepared to post was ... Read More
Politics & Policy

15 Flaws in Adam Schiff’s Case

Adam Schiff did most of the heavy lifting for the House managers, and if he performed ably, he also relied on arguments and tropes that don’t withstand scrutiny. The Democratic case for impeachment and removal is now heavily encrusted with clichés, widely accepted by the media, meant to give their ... Read More
Politics & Policy

15 Flaws in Adam Schiff’s Case

Adam Schiff did most of the heavy lifting for the House managers, and if he performed ably, he also relied on arguments and tropes that don’t withstand scrutiny. The Democratic case for impeachment and removal is now heavily encrusted with clichés, widely accepted by the media, meant to give their ... Read More

A Nation of Barbers

It seems almost inevitable that long hair is unwelcome at Barbers Hill High School. There’s a touch of aptronymic poetry in Texas public-school dress-code disputes. When I was in school in the 1980s, at the height of the Satanism panic, the local school-district superintendent circulated a list of ... Read More

A Nation of Barbers

It seems almost inevitable that long hair is unwelcome at Barbers Hill High School. There’s a touch of aptronymic poetry in Texas public-school dress-code disputes. When I was in school in the 1980s, at the height of the Satanism panic, the local school-district superintendent circulated a list of ... Read More