No, the founders did not ‘tell you so’



H.L. Mencken believed in free speech “up to the last limits of the endurable.” Apparently, that makes him a cuck nowadays.

Mencken was a self-described “extreme libertarian” with little respect for authority. In 1926, when Boston banned an issue of his magazine, the American Mercury, over a mildly bawdy story called “Hatrack,” Mencken went to Boston, sold a copy himself, and got arrested for his trouble.

Are we still rational? Some days I have my doubts.

“Hatrack,” by Herbert Asbury — who later gave us “The Gangs of New York” — concerned a prostitute who took her Catholic customers to the Protestant cemetery and her Protestant customers to the Catholic cemetery.

Scandalous stuff, once upon a time.

Yet as absolutist as he professed to be, Mencken did not believe freedom of speech meant license to say anything to anybody under any circumstances. Although he rejected Catholic doctrine, he told an interviewer he had no right to plant himself outside a cathedral after High Mass and harangue Catholics as they emerged.

Write against Catholicism? Sure. Ridicule it? Mencken made a career of worse. But deliberately press his contempt upon people who didn’t ask for it? There he located one of “the last limits of the endurable.”

I thought about Mencken’s observation while reading responses to my column last week about Shiloh Hendrix, the Minnesota woman convicted of disorderly conduct after Sharmake Omar followed her with a camera, challenged her to repeat the N-word, and got exactly what he asked for. I say Hendrix behaved badly but Minnesota’s prosecution was needless. Whatever one thinks of the “fighting words” doctrine, her exchange with Omar did not look much like an “imminent breach of the peace.”

One reader informed me that I was “100% wrong” because “the founding fathers told you so.”

No, they didn’t. Sorry, dude. Not even close.

James Madison certainly understood that liberty carries abuses with it. In his “Report of 1800,” attacking the Sedition Act, Madison wrote that “some degree of abuse is inseparable from the proper use of every thing,” especially a free press. Better to tolerate a few “noxious branches” than prune so aggressively that you destroy the good fruit along with the bad.

RELATED: Shiloh Hendrix took the bait — prosecutors took it too far

maurusone/iStock/Getty Images

That is a formidable warning against political censorship. It is not an argument that nothing done with words may ever come within reach of the law.

Joseph Story was even more on point. Story was not technically a founder, but Madison appointed him to the Supreme Court in 1811. In his 1833 “Commentaries on the Constitution,” Story considered the proposition that freedom of speech and press meant an absolute right to say or publish anything “without any responsibility, public or private.” He called that “a supposition too wild to be indulged by any rational man.”

Are we still rational? Some days I have my doubts.

Nor did the Supreme Court in Chaplinsky v. New Hampshire simply declare open season on offensive words. The rule the justices upheld applied to words with a “direct tendency to cause acts of violence” by the person to whom they were addressed. The question was not whether somebody’s feelings had been hurt, but whether, in context, the words were likely to provoke an immediate breach of the peace.

You may think that rule was wrong. You may think Chaplinsky should be overruled. Fine by me. But it was not a hate-speech law in embryo.

Conservatives, of all people, should be capable of making certain distinctions. We are right to oppose political censorship, government pressure on social media companies, and “online safety” schemes — especially Trojan horse laws like Britain’s Online Safety Act and whatever American variants politicians devise — that smuggle censorship into law under the vocabulary of “harm,” “misinformation,” and “protection.”

But the answer shouldn’t be to pretend public order no longer matters.

We used to understand “ordered liberty.” The adjective was not decorative. A free society protects political dissent, unpopular opinions, vulgarity (to a point), and plenty of behavior decent people would rather not endure. It also recognizes that rights can collide and that threats, intimidation, harassment, breaches of the peace, and invasions of privacy do not become sacred merely because somebody accomplished them with his mouth.

Hadley Arkes warned conservatives about precisely this temptation in the Claremont Review of Books. In recoiling from the left’s habit of policing speech according to subjective injury, conservatives risk adopting a relativism of their own: No distinctions. No judgments. Words are words. Speech is speech. Context is irrelevant.

That posture may sound wonderfully resolute, but it merely saves us the trouble of thinking. Don’t fall for it.

RELATED: Saint Anthony Fauci’s index of forbidden questions

Nyia Sissac/Washington Post/Getty Images

Human beings use words to persuade, deceive, threaten, provoke, comfort, command, insult, and warn. Threats are words. Extortion is words. Perjury is words. Fraud very often is words. An argument is made with words. So is an epithet. Pretending all of those acts are morally identical does not make us more devoted to liberty. It makes us less capable of judgment.

Which brings me back to Shiloh Hendrix. She is a grown woman who behaved badly. Omar followed her with a camera, confronted her, and challenged her to repeat the N-word. He also behaved badly — but she took the bait. He posted the video. She was doxxed, condemned, defended, and turned into a national cause. Then Minnesota prosecuted her.

I still think that was needless. Omar wanted a viral video, not a fistfight. He got one, and the internet delivered its judgment with its Customary Restraint and Good Sense™. I still want Hendrix to win her appeal.

Arkes emailed me after my first column appeared and put the matter more succinctly: “It’s a matter of context.” Exactly. Thanks, professor!

Madison warned against destroying freedom while pruning its noxious branches. Story warned that liberty did not mean immunity from all responsibility. Mencken believed in freedom up to “the last limits of the endurable.” Arkes warns conservatives not to answer left-wing censorship by surrendering moral judgment altogether.

Public order requires us to look squarely at what Hendrix did, what Omar did, and what the state did afterward. Making distinctions does not weaken the case for free speech. It is the case for ordered liberty — which we need now more than ever.

Shiloh Hendrix took the bait — prosecutors took it too far



I don’t love Shiloh Hendrix as a First Amendment martyr. Then again, most First Amendment martyrs aren’t especially lovable.

Maybe Hendrix is a great gal in person. I don’t know her. But on April 28, 2025, she was at Roy Sutherland Playground in Rochester, Minnesota, with her toddler when an 8-year-old black boy allegedly took an applesauce pouch from her diaper bag. Hendrix chased him, retrieved the pouch, and, according to witnesses, repeatedly called him the Very Worst Word in American English™.

A free country doesn’t need to convert every ugly human encounter into a criminal proceeding.

The row got the attention of Sharmake Omar, a Somali immigrant who began recording her on his phone. Hendrix told him it was “none of [his] f**king business” and walked away. Omar challenged her to say the word again.

Hendrix obliged.

“F**k you, n*****. N*****, n*****, n*****.”

Omar posted the video online, sans asterisks. Fifteen months later, an Olmsted County jury acquitted Hendrix of disorderly conduct toward the child — and convicted her of disorderly conduct toward Omar.

Say what?

For good or ill, Hendrix has now joined some august company: Eugene V. Debs, Charles Schenck, H.L. Mencken, Upton Sinclair, Henry Miller, Clarence Brandenburg.

The First Amendment has always had lousy taste in clients. Still, Hendrix hardly belongs in that group. Schenck went to prison for distributing anti-draft leaflets with the Bill of Rights printed on one side. Sinclair was arrested for reading the First Amendment aloud. Brandenburg, a Klansman, gave us one of the great protections for political advocacy.

Hendrix doesn’t even rise to the level of “F**k the Draft.” She got angry in a park, took the bait, and said an ugly word over and over.

Should she have exercised more self-control? Probably. But since when did criminal law punish bad manners?

Which brings me to Chaplinsky v. New Hampshire.

The 1942 Supreme Court case gave us “fighting words”: face-to-face insults punishable when likely to provoke an immediate breach of the peace and forming “no essential part of any exposition of ideas.”

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SDI Productions/iStock/Getty Images

Libertarians mostly hate Chaplinsky. The Foundation for Individual Rights and Expression calls the doctrine “quaint” and notes that the Supreme Court has not upheld a fighting-words conviction in 80 years.

True enough. Give government power to punish offensive speech, and it will abuse it. That’s why I’m against hate-speech laws. But that does not require pretending every noise made by a human mouth is an “argument” worthy of First Amendment protection.

Hadley Arkes, the constitutional scholar who has influenced my thinking for decades, suggests an admirably simple test:

The soundness of the test can be confirmed again instantly whenever we give a panel of people this set of words and ask if they can identify the terms clearly established as terms of insult, as opposed to words that may be on the borderline of insult, or perhaps even terms of approval and commendation: 1) kike, 2) wop, 3) n*****, 4) urologist, 5) meter maid, 6) saint. People will not show the slightest puzzlement here in fixing on the words used as insulting or "fighting words."

Exactly. Nobody wonders whether “urologist” is the slur. A blind man could see the difference.

“F**k you, n*****” directed at a black man advances no proposition about race. It is an epithet. Threats, extortion, perjury, provocation — all are words, and all can be actionable.

I made a related argument 16 years ago in Snyder v. Phelps. Fred Phelps and the Westboro Baptist Church had every right to preach that America was damned. I argued that they did not have the right to commandeer a dead Marine’s funeral. Mencken called the boundary “the last limits of the endurable.”

So two cheers for Chaplinsky.

But that’s a long way from concluding that Hendrix committed a punishable offense.

She was carrying her child and walking away. Omar was recording and baiting her. He practically announced the consequence: The internet was going to see this. It did. Hendrix was identified, doxxed, and condemned by millions.

Omar had counter speech. He had a camera. He had the internet. He won.

Why did the state need to pile on?

Nothing about the encounter suggested an “imminent breach of the peace.” Yet the jury convicted Hendrix for insulting Omar while acquitting her over the nastier conduct alleged toward the 8-year-old.

RELATED: Two Americas, under Fauci, with liberty and justice for none

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Hendrix’s attorney, Brian Karalus, says the judge excluded exculpatory evidence and mishandled witness disclosures. He called the proceeding a “fraud” and a “circus” and has filed an appeal. Maybe the appellate court says he is wrong, but I hope he wins.

Chaplinsky does not give prosecutors a permission slip. The state still must prove that these words, in this context, were likely to provoke a fight in the moment.

That’s what angers me about this case. It was needless.

Hendrix behaved badly. She said something vicious to a little kid and allowed herself to be provoked when she should have kept walking.

At the same time: So what? A free country doesn’t need to convert every ugly human encounter into a criminal proceeding.

Again, two cheers for Chaplinsky and the “fighting words” doctrine. It’s good law. We should keep it and use it — sparingly. But thank God for every last constitutional protection Shiloh Hendrix has coming to her.

‘It is illegal to be white’: Auron MacIntyre calls out white woman’s guilty verdict for using a racial slur



On April 28, 2025, Shiloh Hendrix was at the park with her child when she got into a confrontation with a man after she allegedly called his child a racial slur.

The man began videotaping her, which he later posted to social media where it went viral.

Over a year later, Hendrix has been found guilty of disorderly conduct against the man operating the camera, and BlazeTV host Steve Deace — alongside millions of freedom-loving Americans — isn’t happy with the outcome.

“What does this case tell us about the current state of the culture we’re in?” Deace asks Auron MacIntyre on the “Steve Deace Show.”


“That it is illegal to be white,” he answers, pointing out that the man in the video “was accused of sexual assault against a 16-year-old.”

“So, we have a Somali criminal, sexual assaulter, doing this, creeping on this woman with a child in the park, but she says the same word he does,” he explains. “They both say exactly the same word, but one of them was convicted of a crime for doing that.”

“And the only explanation — there’s literally only one — is that she was convicted for being white. And, of course, we see this conviction alongside Anthony Fauci and his testimony this week. And as nice as it was to see Anthony Fauci embarrassed, we all know that pretty much no penalty is coming for Anthony Fauci,” he says.

“So, we now live in a country where Shiloh Hendrix can be convicted of a crime, but Anthony Fauci can kill millions of people, destroy the economy and the lives of millions of children, and receive no penalty,” he adds.

MacIntyre tells Deace that the justice system is “entirely eroding before our eyes.”

“What she’s being judged for, therefore, is her whiteness, because if two black people were saying this to one another in any context, we wouldn’t be here with any kind of a trial in Minnesota or anywhere else,” Deace comments.

“We would just call it a rap video,” MacIntyre adds. “And that’s obviously the case. This man was harassing a woman with a child in the park. He has a history of [alleged] sexual violence against minors, but she is the violator here.”

“And let’s be clear ... she was found innocent of directing the slur at the child. It was only the slur directed at the man who was harassing her, the [alleged] sexual offender ... who she was ultimately convicted of harassing,” he continues.

“Again, this is just a hate speech law,” he adds.

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'You wanna get hit?' Female purposely drives into, injures Florida resort security guard after refusing to provide ID: Cops



A Wisconsin female who was renting an Airbnb at a Florida resort purposely drove into and injured a resort security guard after refusing to provide ID earlier this month, the Polk County Sheriff's Office said.

The victim — who works security at the Windsor Island Resort on Aloha Boulevard in Davenport — contacted authorities around 9 p.m. July 4, the sheriff's office said.

'All this woman had to do was show some ID and register her car at the resort where she was staying.'

The victim told officials a female driving a gray Chrysler Pacifica was attempting to enter the property when she was told at the entry gate that she needed to be on the list of approved visitors or provide identification, the sheriff's office said.

The driver, who had a female passenger in the car, asked, "What are you going to do if I drive through?" officials said.

The driver was told that would not be a good idea, officials said.

With that, she sped through the entry gates and proceeded to Lana Avenue, the sheriff's office said.

RELATED: 'Needs a reset': San Francisco mayor's security detail attacked just as he admits city governance is 'broken'

Image source: Polk County (Fla.) Sheriff's Office

Officials said the security guard got into his patrol vehicle and followed her.

He asked her again for identification and to register her car as a visitor to the property, and she replied that he was "doing too much," officials said, adding that she also said she was renting an Airbnb there.

As the security guard stood next to his patrol car, the female then asked twice, "You wanna get hit?" and drove into him, pinning his body between the passenger side of her vehicle and the driver's side of his patrol car, injuring him and damaging the equipment on his belt and the patrol car, officials said.

The sheriff's office said the security guard's injuries were not serious, but the suspect fled the scene at a high rate of speed.

Detectives responding to the scene positively identified the suspect as 32-year-old Tayquanna Butler of Green Bay, Wisconsin, officials said.

Indeed, detectives also confirmed she was listed as a resort renter through July 6, officials said.

Detectives obtained an arrest warrant charging Butler with aggravated battery and aggravated assault with a deadly weapon, officials said, adding that a check of her criminal record showed she had prior arrests in Wisconsin for disorderly conduct and domestic abuse.

Detectives contacted the Orlando International Airport Police Department and confirmed that Butler was scheduled to fly back to Wisconsin on July 7, officials said.

But when Butler arrived at check-in, she was successfully detained, officials said. Polk County Jail records indicate Butler remained behind bars Monday morning; her total bond amount for both felony charges is $25,000.

"You're not going to come into Polk County and act the way you do back home, disobeying not just the laws of decorum but the laws of our state," Polk County Sheriff Grady Judd said. "All this woman had to do was show some ID and register her car at the resort where she was staying. Now she's facing two felonies and is locked up in jail."

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Unhinged man bites police dog while resisting arrest; cops say man became disruptive amid operation he wasn't even part of



A man was caught on police bodycam video biting an Alabama police dog while resisting arrest last week — and cops said the suspect just showed up and became disruptive during an operation he wasn't even part of.

The Florence Police Department said the Lauderdale County Drug Task Force executed a search warrant in the 200 block of North Locust Street in Florence on Wednesday.

'I can tell you what I had a concern of, and of course, all of the citizens. Those are most of my calls in regard to what happened. It’s all about the dog biting him and when the dog was sicced on him.'

Police said the Florence-Lauderdale SWAT team and the Florence Police Department K-9 Unit assisted.

However, during the execution of the warrant, police said 46-year-old David Culliver arrived on scene.

Believe it or not, police said Culliver wasn't involved in the investigation and actually "inserted himself into the situation."

What's more, cops said Culliver "became belligerent, yelled at officers, and stepped into an active roadway with flowing traffic."

Police said an officer ordered Culliver several times to get out of the roadway so a vehicle wouldn't hit him.

However, cops said Culliver re-entered the roadway and continued disrupting traffic.

At that point, officers told Culliver he was being placed under arrest.

But as officers attempted to handcuff him, police said Culliver pulled away and resisted multiple officers as they tried to place him under arrest.

RELATED: Violent suspect actually bites K-9's ear amid arrest, Florida sheriff says: 'You can't make this stuff up'

Image source: Florence (Ala.) Police Department bodycam video screenshot

Soon, a Florence Police K-9 was deployed to help take Culliver into custody.

But Culliver grabbed one of the K-9's legs and bit the K-9, police said.

Officers struck Culliver to get him to release the K-9, cops noted.

Culliver then was taken to the ground and placed in handcuffs, police said, adding that he was taken to a hospital for treatment of K-9 puncture wounds and then booked into the Lauderdale County Detention Center. Police did not detail what, if any, injuries the K-9 may have suffered.

Police released video of the incident showing two bodycam angles; the clip from Officer Two showing the struggle between the suspect and the K-9 begins at the 11:27 mark in the video below. You also can view the full video from Officer Two here.

Content warning: Explicit language.

Police said Culliver was being charged for resisting arrest, disorderly conduct, public intoxication, and interfering with a police dog.

Police said Culliver's bond was set at $2,500; Culliver was not listed as an inmate, according to jail records accessed Monday afternoon.

Police added that "this footage captures the entirety of the encounter, as opposed to the brief clip currently circulating on social media. Shortened videos shared online often present only a limited perspective and may not fully show the sequence of events. Viewing the complete footage is essential to understanding the full context of the situation and ensuring an accurate representation of what occurred."

Police also said the incident "has been thoroughly reviewed, and the use of force applied has been determined to be justified."

However, Florence City Council President Kaytrina Simmons said several community members reached out to her in anger over the officers' actions, according to WAFF-TV.

Simmons told the station that even after considering the police perspective on the incident, the use of the K-9 is troubling to her: "I'm not a police officer. I can tell you what I had a concern of, and of course, all of the citizens. Those are most of my calls in regard to what happened. It's all about the dog biting him and when the dog was sicced on him."

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Lawyer for white male who slapped black male then got beaten up in Cincinnati mob attack blasts charge against client



The attorney for the white male seen on video slapping the face of a black male, then getting beaten up in last month's Cincinnati mob attack, blasted the misdemeanor disorderly conduct charge against his client.

A cellphone video shows a white male and several black males squaring off before the mob attack begins. The video shows light physical contact between the white male and two black males, while others of both races appear to try to break things up. Then amid verbal sparring, the white male lightly slaps the face of a black male — and then the mob attack commences.

'Overruling law enforcement and prosecutors for cheap political points is a disgraceful stain on our city, and those responsible should be utterly ashamed of themselves.'

The above video and a second clip show the mob repeatedly stomping, kicking, and punching the white male while he's lying in the street.

Doug Brannon — attorney for 45-year-old Alexander Tchervinski — told WXIX-TV that his client "is continuing to suffer from his injuries. He was brutally beaten in the attack, like many others were, and he's continuing his medical treatment."

Tchervinski told WXIX anchor Tricia Macke that he was hit in the head 28 times and robbed.

WLWT-TV reported that its sources confirmed that the white male seen on video slapping the black male is Tchervinski.

RELATED: Cincinnati official who said mob attack victims 'begged' for beating doubles down; woman punched in face records tearful clip

But Brannon emphasized to WXIX that the charge against his client is "victim-blaming" and that studies of multiple videos of the mob attack show Tchervinski was protecting himself and others.

"It's very clear in all of the videos — except those edited for political purposes — that Alex was, in fact, acting in self-defense of himself and his friends,” Brannon noted to WXIX.

More from WXIX:

Officer Ken Kober, president of the union that represents Cincinnati police, said in a news release Wednesday, “Cincinnati City Solicitor Emily Smart Woerner bowed to political pressure and ordered the Cincinnati Police Department to file misdemeanor disorderly conduct charges against a man who was the victim of a serious felony assault during the July 26th violence in downtown Cincinnati.

“This blatantly political order came after both law Cincinnati law enforcement and Hamilton County prosecutors had concluded proving any sort of crime against the victims would be extremely difficult.

“City Solicitor Woerner and the Pureval administration’s blatant political meddling is the most egregious I’ve witnessed in my career,” Kober said.

“Overruling law enforcement and prosecutors for cheap political points is a disgraceful stain on our city, and those responsible should be utterly ashamed of themselves.”

A city spokeswoman denied that claim Wednesday, WXIX reported.

RELATED: Cincinnati official who said mob attack victims 'begged' for beating doubles down; woman punched in face records tearful clip

The station added that Kober earlier in August warned that the mayor's administration was pressuring law enforcement to find a crime to charge the victims with.

Kober on Wednesday also said Cincinnati Police Chief Teresa Theetge refused to force detectives to charge Tchervinski, WXIX reported, adding that instead Captain Adam Hennie — the detectives’ supervisor — signed the charge.

"It erodes public trust when you have politicians stepping in and saying we should sign these charges, or we're going to order police to sign these charges," Kober added to the station. "Police have a job to do; let them do it."

Still, WXIX legal analyst Mike Allen told the station that getting convictions will be tough, as prosecutors must show Tchervinski kept up his disorderly conduct after an officer or fire personnel warned him to stop — or that he was within 1,000 feet of a school. And no released video shows either caveat happened, the station said.

Allen — who served as Hamilton County Prosecutor from 1999 to 2004 — added to WXIX that the city also must prove Tchervinski previously was convicted three times of disorderly conduct.

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White male who slapped black male's face prior to Cincinnati mob attack — and got thrashed in beatdown — has been charged



The white male seen on video slapping a black male's face just moments before last month's Cincinnati mob attack has been charged, WLWT-TV reported.

Police said the 45-year-old white male was ordered to appear next Tuesday in Hamilton County Municipal Court, the station said.

'We still question the fairness in charging based on the information we have seen and the conversations we have had.'

While police didn't release the suspect's name, noting he's a mob attack victim and that Marsy’s Law prevents authorities from releasing his identity, WLWT said it spoke with the suspect on the phone Tuesday night.

The station said Alex Tchervinski confirmed he's facing the misdemeanor charge. WLWT said he's been charged with disorderly conduct, a fourth-degree misdemeanor.

A cellphone video shows a white male and several black males squaring off before the mob attack begins. The video shows light physical contact between the white male and two black males, while others of both races appear to try to break things up. Then amid verbal sparring, the white male lightly slaps the face of a black male — and then the mob attack commences.

The above video and a second clip show the mob repeatedly stomping, kicking, and punching the white male while he's lying in the street.

The station said its sources confirmed that the white male seen on video slapping the black male is Tchervinski.

In addition, a black male seen on a third cellphone video standing next to the face-slap victim appears to be the first individual to physically retaliate against the white male. As it happens, police are looking for another mob attack suspect, and the image cops released of this suspect appears to match the appearance of the male seen retaliating on video.

Cincinnati's black leaders had been demanding charges against the white male who issued the slap.

RELATED: Cincinnati police looking for another mob attack suspect; videos appear to show him punching white male just after slap

"What incited and who incited the rioting? If the riot is because of a slap, who incited the rioting?" Rev. Damon Lynch said recently to a crowd at New Prospect Baptist Church, WXIX-TV reported.

BlazeTV host Jason Whitlock — who's been commenting on the mob beatdown since it all unfolded late last month — blasted Cincinnati's black leaders for their collective stance.

RELATED: Cincinnati official who said mob attack victims 'begged' for beating doubles down; woman punched in face records tearful clip

One of the clips Whitlock aired shows Rev. Lynch altering the lyrics of a Jim Croce song for his own purposes as he spoke to the crowd at church: "You don't tug on Superman's cape, you don't spit in the wind, you don't pull the mask off the ol' Lone Ranger, and you don't slap a black man in the face."

Whitlock responded to Lynch's words by saying, "Why is he racializing this? It's disrespectful to slap anyone, regardless of color, in the face. Is he saying ... if a black person slaps a black person in the face, it's OK? If a black gang member shoots a black man in the face, it's OK? If a black gang member accidentally shoots some young black child, it's OK? But everybody knows that you don't slap a black man in the face, I guess, unless you're black. He's in a church talking about common street thugs — and I'll include the white guy in that, because he ... seemed to be trying to fight with someone. ... [The reverend is] justifying to the people in that audience and other black people in Cincinnati that if you get slapped in the face by a white person, a gang of you all should jump on that man and beat up the woman. This is inside of a church! This is insanity; this is lack of humility."

WLWT said Ken Kober, president of the Cincinnati Fraternal Order of Police, is unhappy about the decision to charge Tchervinski: "The city administration is eroding the very fabric of the justice system with orders to prosecute those without probable cause. Cops are being used as political pawns. It's disgusting."

Chief Assistant Hamilton County Prosecutor Kip Guinan addressed the face slap, saying that it came after someone else was already beaten, not before, WXIX reported. Guinan also acknowledged that racial slurs are audible on some of the videos of the mob attack — however, he said the slurs were uttered "a minute and 47 seconds into the brutal beatdown," the station reported.

"Were there words said? Yes. Were they inappropriate? Absolutely," Guinan also noted, WXIX reported, before adding that "these poor people were being assaulted, stomped WWE-style, elbow-drops onto pavement. One woman was knocked out to the point her head hit the pavement. We could be here on a homicide."

But WLWT said David Whitehead, president of the Cincinnati NAACP, released a statement which reads, in part: "We still question the fairness in charging based on the information we have seen and the conversations we have had. Street altercations typically result in disorderly conduct charges and ... defendants [are] being charged beyond that."

Prior to the charge against the white male, seven others — all of them black — have been charged in connection with the mob attack. Six of of the seven have been indicted on eight charges each: three counts of felonious assault, three counts of assault, and two counts of aggravated riot. Those six face nearly 30 years in jail if convicted on all charges.

The two female suspects last week got big breaks from a judge who reduced their bonds of several hundred thousand dollars each down to $25,000 each, of which they owed just 10%. Fox News said the two females were released from jail Friday.

RELATED: Male accused of punching woman in face, knocking her out during Cincinnati mob attack finally appears in court

(L to R) Dekyra Vernon, Aisha Devaughn. Image source: Hamilton County (Ohio) Sheriff

The seventh suspect — 32-year-old Gregory Wright — was indicted Friday for aggravated riot and aggravated robbery, WXIX reported in another story, citing court records. Wright pleaded not guilty at his initial arraignment, the station said.

Police said in a criminal complaint that Wright "did by force rip the necklace off the victim while he was being assaulted by four or more co-defendants attempting to cause serious physical harm," WXIX said, adding that a police flyer indicated Wright put the necklace in his pocket and then took video of the rest of the mob attack. Wright remained behind bars Wednesday morning, jail records show.

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Mom and her 17-year-old daughter board middle school bus, start slugging 8th-grade boy: Report



A mother and her 17-year-old daughter boarded an Indianapolis-area middle school bus last week and starting hitting an 8th-grade boy, according to WXIN-TV.

Warren Township School Police said in a report that officers were called just before 9 a.m. March 6 for a “simple assault disturbance” and trespassing at the intersection of East 35th Street and North Richardt Avenue, the station said.

'You wanna put your hands on my brother? If I have to get back on this bus, I’m gonna kill you.'

WXIN said the "media narrative written in the police report" reads “parent and sister board brother’s school bus to fight.”

The station reported that a video of the fight was posted on Facebook. However, the video now appears to have been taken down.

What happened on the bus?

WXIN, however, reported that the clip appears to show a student in a gray hoodie punching another student in a dark gray T-shirt. The student in the gray hoodie throws least six punches, the station said, adding that two females then walk toward the fight.

WXIN said the females grab at the student in the gray hoodie, and one of the females is seen standing atop a school bus seat and ripping the gray hoodie off him.

"Stop jumping him! Hey, don't jump him!" a bystander yells at the two females.

But the two females begin throwing multiple punches at the gray hoodie-wearing student, and the punches appear to land on the student’s head, chest, and stomach, WXIN reported.

The station added that before delivering more punches, one of the females in the video asks the hoodie-wearing student, "You wanna put your hands on my brother? If I have to get back on this bus, I’m gonna kill you.” However, those outbursts aren't audible on WXIN's video report.

The station said the other female yelled at the person recording the incident, “I’m sick of you b***h-a** kids at this school. Yeah, record it!”

The video ends before the two females leave the bus, WXIN said.

You can view the station's video report here about the incident; it includes some clips from the now-deleted video of the physical attack.

Arrests

The police report states that three people were arrested on the following preliminary charges, WXIN said:

  • A 36-year-old Indianapolis woman was charged with battery (a Class A misdemeanor), disorderly conduct (fighting) (a Class B misdemeanor), intimidation (a Class A misdemeanor), and criminal trespass/refuse to leave (a Class A misdemeanor).
  • A 17-year-old Indianapolis female was charged with battery (a Class A misdemeanor) and disorderly conduct (fighting) (a Class B misdemeanor).
  • A 13-year-old Indianapolis male was charged with battery (a Class A misdemeanor) and disorderly conduct (fighting) (a Class B misdemeanor).

The station said no other information is provided in the police report or in the school’s statement.

Anything else?

Officials from Warren Township — which is about 20 minutes east of Indianapolis — told WXIN the district is taking “all necessary steps to address the situation” and asking witnesses to provide further information.

The station added that since "all charges listed in the police report are preliminary misdemeanors," it's not naming any of the individuals who were arrested.

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Judge Throws Out Green Bay’s ‘Retaliatory’ Disorderly Conduct Citation Against Election Observer

'It does appear the municipal citation was retaliatory due to the Wisconsin Elections [Commission] complaint that was filed,' the judge said.

Jussie Smollett, who staged fake hate crime against himself, gets 150 days in jail, tells judge 'I am not suicidal!' after sentence



Jussie Smollett on Thursday was sentenced to 150 days in jail after a jury in December found him guilty on five of six counts of felony disorderly conduct for staging a hate crime against himself and then lying to police about the hoax.

After his sentence was handed down, Smollett spoke sharply to Cook County Judge James Linn and said, "I am not suicidal, and I am innocent." He added that "I did not do this" and that "if anything happens" to him while in jail that he didn't do it to himself.

The sentence also included 30 months probation, $120,000 of restitution payments, and a $25,000 fine.

'Your very name has become an adverb for lying'

In an address before issuing his sentence, Linn eviscerated Smollett, calling him a "charlatan" and telling him "your hypocrisy is astounding" and "you wanted to make yourself more famous" through the elaborate, "premeditated" caper and then "you threw a national pity party for yourself." But the worst part, the judge said, was that Smollett lied to authorities about it all.

"Your very name has become an adverb for lying," Linn said.

The former "Empire" star — who is black and gay — made national headlines for claiming a pair of supporters of then-President Donald Trump physically attacked him near his apartment in Chicago in the early morning hours of Jan. 29, 2019.

He claimed the two men wearing ski masks confronted him as he was leaving a Subway restaurant around 2 a.m. in below freezing conditions and yelled "aren't you that f***ot 'Empire' n*****?" before beating him up, putting a rope around his neck, pouring bleach on him, and hollering, "This is MAGA country!" — a reference to Trump's red "Make America Great Again" hats.

But once a police investigation began, Smollett's story began to crumble.

What else happened at the sentencing hearing?

Smollett's defense pushed for a new trial, but the mountain of evidence against their client was too high, and Linn — who presided over Smollett's trial late last year in which he was convicted — denied the new trial request.

Prior to sentencing, the prosecution read a victim impact statement from the city of Chicago that blasted Smollett for making it less likely that actual victims of hate crimes will come forward to law enforcement. The city also requested just over $130,000 in restitution for the resources they said Smollett wasted.

Character witnesses for Smollett implored a sentence without prison time, including his brother who declared to the courtroom that the prosecution had no evidence against Smollett. The defense also detailed numerous letters — including ones from the Rev. Jesse Jackson, the president of the NAACP, and a Black Lives Matter representative — that pleaded for mercy in sentencing.

The 39-year-old faced a maximum sentence of up to three years in prison. Legal experts had said the sentencing judge would consider Smollett's otherwise clean criminal record and predicted he'd be sentenced to probation with required community service.

What else happened during the investigation and trial?

Chicago police caught the two suspects in the crime, Nigerian-born brothers Abimbola and Olabinjo Osundairo — aspiring actors whom Smollett knew from the Chicago set of "Empire" and from the gym. The brothers told police Smollett paid them to stage the attack in an effort to boost his career. In fact, then-Chicago Police Superintendent Eddie Johnson said Smollett used a check to pay the brothers $3,500 to pull off the staged attack.

Johnson added that the hoax "pissed everybody off."

Detectives said surveillance video and in-car taxi videos corroborated the Osundairo brothers' claims, as did telephone logs, ride-share records, and credit card records, according to a case summary document prosecutors released.

During Smollett's trial, prosecutors alleged the actor even arranged a "dry run" of the hoax with his co-conspirators days prior to it taking place — and that the practice session was captured on surveillance video.

The Osundairo brothers testified against Smollett in the trial, each taking the witness stand to repeat their claims that Smollett told them to place a noose around his neck and shout racial and homophobic slurs while roughing him up in view of a street camera.

Smollett testified in his own defense and maintained “there was no hoax" and that the brothers are “liars” who attacked him over homophobia and tried to extort money from him after the fact.

Lead prosecutor Dan Webb wasn't buying it, saying Smollett's lies cost the Chicago Police Department resources and caused racial division.

“Besides being against the law, it’s just plain wrong for Mr. Smollett, a successful black actor, to outright denigrate something as serious, as heinous, as a real hate crime. To denigrate it and then make sure it involved words and symbols that have such horrible historical significance in our country," Webb said according to the Chicago Sun-Times.

Anything else?

After Smollett's December conviction, Webb said in his full report regarding State's Attorney Kim Foxx's handling of the case that her office committed several procedural irregularities and ethical missteps — including that the decision to allow Smollett to enter into an "alternative prosecution" agreement constituted an "abuse of prosecutorial discretion."

In addition, former U.S. Rep. Tulsi Gabbard, a Democrat, said Smollett "spit in the face of real victims of bigotry" by "lying about being attacked because of his race" and "should be sentenced to the fullest extent of the law to serve as an example and to send a very strong message to anyone who thinks about pulling a hoax like this in the future."

Social media also ripped Smollett after his guilty verdict — but left-wing Hollywood remained more or less silent.

The left, however, had plenty to say immediately after Smollett claimed he was attacked. Vice President Kamala Harris — who at the time was a U.S. senator from California and a week into her presidential campaign — called it "an attempted modern day lynching. No one should have to fear for their life because of their sexuality or color of their skin. We must confront this hate."

Image source: Twitter

Harris' tweet was still active Thursday evening.

This is a breaking new story; updates may be added.