Chinese Law Prof Blog

Editor: Donald C. Clarke
George Washington University Law School

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Friday, July 4, 2014

Wisconsin prosecutor, judge, and jury learn from China

Over the last few days, I've blogged about the silly charges brought against Pu Zhiqiang and others: a crime named "stirring up trouble and provoking disturbances," in which the offending act seems to be posting something like a press release online after having a private meeting of less than dozen people in someone's home. And last September the Supreme People's Court and the Supreme People's Procuracy issued a joint notice on internet speech crimes that attracted a lot of controversy (and jeering).

Apparently they were paying attention in Wisconsin, and not in a good way. Local authorities brought charges against someone who posted uncomplimentary remarks about the police department right on the department's Facebook page. The charges? "Disorderly conduct" (among others). And the defendant was convicted in a jury trial. Fortunately the appeals court had no trouble in recognizing that the First Amendment still applies (the prosecution had tried to assert a "fighting words" exception) and overturned the conviction - fittingly, the day before Independence Day.

To the extent this case is at all representative of anything, it's that China does not have a monopoly on the notion that people should be punished for sassing the authorities. The idea is alive and well in the United States, too. That's why independent institutions are critical.

http://lawprofessors.typepad.com/china_law_prof_blog/2014/07/wisconsin-prosecutor-judge-and-jury-learn-from-china.html

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