As Justice Lewis Powell wrote in 1980 in Central Hudson Gas & Electric Corp. v. Public Serv. Commission, “there is no de minimis exception for a speech restriction that lacks sufficient tailoring or justification.”Even for someone convicted of a sex
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Can the Supreme Court survive the stench?
By Zachary Margulis-Ohnuma
Two unprecedented things happened in the legal world this week. First, someone at the Supreme Court—in an unheard of breach of protocol—leaked the draft opinion in Dobbs v. Jackson Women’s Health out to the public. Second, the…
What the sentences for child pornography are supposed to be
We heard a lot in the last week about judges who sentence people to too little prison time for child pornography. In case it was not obvious coming from foamy-mouthed demagogues in what was once the world’s greatest deliberative body,…
Federal Mandatory Minimum? You can still get compassionate release
By Tess CohenThe Second Circuit recently decided in United States v. Halvon that federal defendants can have their sentence reduced under the compassionate release statute even if the reduction means they are incarcerated for less time than required by mandatory…
Can I use the internet if I am convicted of a sex offense?
By Benjamin NottermanFor decades, parole officers have imposed restrictions on how people convicted of sex offenses can use the internet. Some of these restrictions made sense; others were just blanket prohibitions that became more and more onerous as the internet…
No Mayor Adams, Rolling Back Reforms is Not the Answer to Gun Violence
By Tess CohenA series of tragedies dominated the news cycle over the last few weeks, including horrific incidents of gun violence. In the Bronx, a baby was shot by a stray bullet. In Harlem, NYPD Officers Wilbert Mora and Jason…
Reforming Laws Affecting People Convicted of Sex Offenses
By Zachary Margulis-OhnumaThere is a quiet struggle in New York State to ease the irrational burdens on people convicted of sex offenses.While the political winds mostly blow in the direction of more and more restrictions, policymakers are coming to realize…
What Do District Attorney Alvin Bragg’s New Policies Mean for Manhattan?
By Tess CohenManhattan has a new district attorney who is introducing change on a scale not seen in decades, but reactions to the changes have been overblown, if not alarmist. DA Bragg’s Day One Memo explains that his policies are…
Exonerating James Pugh
A Buffalo judge will take testimony over the next three days at a hearing on whether ZMO Law client James Pugh should be exonerated in the murder of Deborah Meindl in 1993.The case has all the markings of a file…
When is a Doctor Actually a Drug Dealer?
By Tess CohenThe Supreme Court is hearing several cases that seek to help answer the question: when is a doctor who writes prescriptions for controlled substances selling a prescription, and therefore not practicing medicine but committing a crime. This is…