Sharon R. Fairley on Prosecutorial Discretion in Protest-Related Cases

Federal prosecutors in Minnesota are cracking down on dissent

All this is “unusual” and “concerning”, says Sharon Fairley, a professor at the University of Chicago who previously worked as a federal prosecutor. It “seems intended to quell speech” and to “stop people from protesting”, she says. The cases may be dismissed before reaching trial. However, being arrested and charged is in itself a punishment, says Ms Fairley. “They have to go through the ordeal and expense of defending themselves...which is no small matter.”

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