This blog started out as a companion piece to my book, Musings from the Christian Left (excerpts of which can be found in the July 2004 link) and to support a planned radio show. Now, its simply a long term writing project from a Christian Left Libertarian perspective (meaning I often argue for liberty within the (Catholic) Church, rather than liberty because the church takes care of a conservative view of morality.

Tuesday, October 16, 2007

Let Senator Craig Get Off

Larry Craig is arguing that he should be allowed to opt out of his guilty plea.

This does not sound like it will work very well. If I were him (or his lawyer), I would take a different tack:

While the purpose of the bathroom surveillance in Minneapolis-St. Paul Airport is constitutional - the method is not. Unless direct indecent exposure or genital contact has occurred, soliciting consensual sex is a constitutionally protected activity. It is only when it becomes public sex can something be done about it. The Senator does not have to actually admit to soliciting sex. He can argue this point for the sake of argument in his appeal. The state has no interest in preventing people from contacting eachother to go to a private location to have sex, provided that no commercial transaction occurs and both parties are of the age of consent. If the "bait" in the sting had been below legal age and this had been indicated or the Senator had held out a bit of cash, they can bust him.

No exposure, no arousal, no attempted statutory rape or no solicitation to prostitution equals no cause to trample on anyone's right to free speech.

Its time to let the Senator get off.

2 Comments:

Anonymous Anonymous said...

If you want the Senator to "get off" so bad, break out the lotion and rub a nut out of him yourself, freak.

8:35 AM

 
Blogger Michael Bindner said...

Just an update, it seems that the defense I outlined makes sense to the Senator's legal counsel, since he is using it on appeal.

11:06 AM

 

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