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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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.

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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.

Nuns strong-armed into aiding assisted suicide? Just another battle in New York's war on religious freedom



New York has long styled itself as a national champion of tolerance and individual freedom. Yet when it comes to one of the oldest civil liberties in American life — the freedom to live according to one's conscience — the Empire State is moving in the opposite direction.

The 2026 Religious Liberty in the States index, a data-driven investigation published by the Center for Religion, Culture & Democracy, measures how hard state governments work to protect the basic right of conscience. New York, it seems, works overtime to achieve the exact opposite.

A genuinely civilized society accommodates honest differences rather than requiring total ideological agreement.

Dead last

The index measures the everyday points where state power clashes with religious conviction. Can a nurse refuse to assist in genetic counseling that conflicts with her faith? Can a Seventh-day Adventist opt out of mandatory union dues that finance causes he considers morally objectionable? Are citizens safe from religious bias at their local bank, state university, or public school board?

On those fundamental questions, New York performs worse than every other state in the nation. The latest edition places New York dead last — 50th out of 50.

The ranking reflects a governing philosophy that rejects religious liberty whenever it conflicts with progressive policy goals. Rather than treating conscience protections as a cornerstone of a pluralistic society, state leaders regard them as obstacles to be managed or even eliminated. With Zohran Mamdani and his political allies continuing to push an aggressive far-left agenda, protections for religious beliefs are increasingly treated as hazardous waste requiring active containment.

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Death drive

The ranking isn't merely academic. On the very day the report was released, four orders of Catholic nuns and several Catholic health care ministries were back in federal court challenging New York's assisted-suicide law, arguing that it would force them to violate their religious convictions by participating in the process of ending patients' lives.

Backed by the religious liberty legal group Becket, the plaintiffs in Carmelite Sisters for the Aged and Infirm v. James had asked the court to block the law before it takes effect on Aug. 5. On Friday, they won an important early victory when New York agreed not to enforce the law against the ministries while the case proceeds. Without that protection, the plaintiffs argued, religious health care providers who refused to facilitate assisted suicide could face steep financial penalties, the loss of professional licenses, and even criminal prosecution.

At the same time the RLS rankings were published, four orders of Catholic nuns and several Catholic health care ministries filed a federal lawsuit challenging New York's newest assisted-suicide law. Their complaint centers on being forced to participate in ending human life in violation of their faith.

The most vulnerable

For generations, Catholic ministries throughout New York have cared for the most vulnerable. The Carmelite Sisters for the Aged and Infirm, the Dominican Sisters of Hawthorne, the Missionary Sisters of St. Benedict, and the Little Sisters of the Poor have devoted decades to serving the sick, the elderly, and the dying. They believe that every human life has inherent dignity and requires loving care until the very end.

The state's legal arm operates with total disregard for that history. When the New York Court of Appeals decided Catholic Charities of the Diocese of Albany v. Serio in 2006, forcing religious employers to pay for prescription contraceptive coverage in their health plans, the court established a precedent that statutory mandates routinely override religious objections. The current assisted-suicide mandate pushes that line of warped logic into literal life-and-death territory.

The First Amendment exists precisely because early Americans recognized that government inevitably abuses power when it forces citizens to violate their deepest beliefs as the price of participating in public life. In 1786, Thomas Jefferson drafted the Virginia Statute for Religious Freedom, declaring that "to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical." That principle laid the foundation for the American constitutional order.

Existential fight

That standard served the country remarkably well for over two centuries. Religious hospitals, schools, charities, adoption agencies, and social service organizations routinely fill massive gaps that state agencies lack the administrative capacity to manage. These groups strengthen their communities precisely because they stay true to their values. Forcing them to compromise those values undermines their work and ultimately leaves the most vulnerable with nowhere else to turn.

Supporters of New York's policies claim that eliminating religious exemptions promotes equality. But that is utter nonsense. Equality achieved through state coercion inevitably creates an oppressive, standardized public square. A genuinely civilized society accommodates honest differences rather than requiring total ideological agreement.

The assisted-suicide litigation now before the federal courts represents the latest collision in this existential fight. Government forces operating with zero regulatory pushback tend to expand their reach until an independent judiciary steps in to draw a hard line.

The expansion of state power at the expense of individual conscience should alarm every reader. Today's regulatory target is a collection of Catholic nuns running eldercare facilities. Tomorrow, the same administrative apparatus could target another faith community, another profession, or another belief system that conflicts with the prevailing political orthodoxy.

Religious liberty serves an essential purpose in the United States. It prevents state power from controlling what you think and how you live. Let's hope these sisters win their legal challenge. Because a win for them is a win for the everyday, decent American.

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Whitmer's law DEFEATED! Therapists are free to steer kids away from trans insanity



Democratic Gov. Gretchen Whitmer and LGBT activists in the Michigan legislature were dealt a massive defeat on Thursday after a lengthy battle over a law that threatened to ruin counselors who help gender-confused children by compassionately grounding them in reality, not affirming delusions.

Luke Goodrich, senior counsel at the Becket Fund for Religious Liberty and attorney for the counselors, said in a statement, "This is a major victory for children, counselors, and common sense."

'Michigan is now admitting its law is unconstitutional.'

"Kids who are hurting deserve compassion, not a one-way ticket to harmful drugs, hormones, and surgery," added the attorney.

Democrats in Michigan and Colorado put smiles on fellow LGBT activists' faces in recent years by passing laws prohibiting so-called "conversion therapy" for minors.

Under Democrats' House Bills 4616 and 4617 in Michigan and House Bill 19-1172 in Colorado — which defined "conversion therapy" as efforts to "change an individual's sexual orientation or gender identity" — psychiatrists and mental health care providers who failed to indulge delusions or affirm homosexual inclination could face disciplinary actions, lose their licenses, and/or receive enormous fines.

Of course, these laws did not similarly prohibit gender ideologues from encouraging confused kids in therapy sessions to embrace the delusion that they are actually members of the opposite sex or to undergo sex-rejection medical procedures.

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After ratifying her state's version of the prohibition on reality-affirming counseling in July 2023, Whitmer stated, "We are banning the horrific practice of conversion therapy in Michigan and ensuring this is a state where you can be who you are."

"As a mom of a member of the community and a proud, lifelong ally, I am grateful that we are taking action to make Michigan a more welcoming, inclusive place," added Whitmer, whose daughter identifies as a lesbian.

The following year, a licensed Catholic therapist living in Lansing, Emily McJones, and the Catholic Charities of Jackson, Lenawee, and Hillsdale Counties filed a federal lawsuit against Whitmer and the state of Michigan, arguing that HB 4616 constituted an attempt to control counselors' speech that violates several constitutional protections.

"It violates the Free Speech Clause because it regulates speech based on its content and viewpoint and cannot satisfy strict scrutiny," said the complaint. "It violates the Due Process Clause because it employs vague, undefined terms that invite arbitrary and selective enforcement. And it violates the Free Exercise Clause because it targets religious speech and interferes with the right of parents to direct the religious upbringing of their children."

The lawsuit noted further that the law harms children, not only because it deprived them of the compassionate counseling they need but forced counselors "to 'affirm' children in the belief that they were born in the wrong body and help them undergo permanent, life-altering medical procedures that many will come to regret."

The plaintiffs suffered an initial setback in the U.S. District Court for the Western District of Michigan, where Judge Jane Beckering — an appointee of former President Joe Biden — denied their motion for a preliminary injunction and claimed that therapy amounts to conduct rather than protected speech.

In December 2025, the U.S. Court of Appeals for the Sixth Circuit reversed the Biden judge's decision. The case was subsequently kicked back to the district court, which issued a preliminary injunction against the law.

The final resolution of the matter was, however, put on the back burner pending the result of the Supreme Court's decision in Chiles v. Salazar regarding the law in Colorado. On March 31, SCOTUS determined that Colorado's ban "regulates speech based on viewpoint" in violation of the First Amendment.

In light of the decisions by the Supreme Court and the Sixth Circuit, the district court in Michigan delivered a final ruling on Thursday, permanently banning the enforcement of Whitmer's controversial law.

"The Court hereby DECLARES that HB 4616, as applied to licensed mental health professionals engaged in therapy that consists exclusively of talking, violates the Free Speech Clause of the First Amendment to the United States Constitution," Beckering wrote in her final judgment. "The Court hereby PROHIBITS Defendants, their successors, agents, and all those acting in concert with them from enforcing HB 4616 against licensed professionals who engage in therapy that consists exclusively of talking."

"Michigan is now admitting its law is unconstitutional," said Goodrich. "Its surrender confirms that the Constitution and the best available science are on the side of counselors who help children find peace with their bodies. States still trying to censor that care should take note."

Whitmer's office did not immediately respond to Blaze News' request for comment.

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