Chalking prosecution

I’m not much of a fan of chalking myself; I think it’s tacky in most circumstances. But it’s clearly a form of speech, isn’t it?

Jeff Olson, the 40-year-old man who is being prosecuted for scrawling anti-megabank messages on sidewalks in water-soluble chalk last year now faces a 13-year jail sentence. A judge has barred his attorney from mentioning freedom of speech during trial.

(Via Instapundit.)

Barred from mentioning freedom of speech during trial? In for a penny, in for a pound, I guess. Anyway, the jury acquitted him, but they shouldn’t have had to.

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