California man faces 13 years in jail for scribbling anti-bank messages in chalk

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.

According to the San Diego Reader, which reported on Tuesday that a judge had opted to prevent Olson’s attorney from "mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial,” Olson must now stand trial for on 13 counts of vandalism.

In addition to possibly spending years in jail, Olson will also be held liable for fines of up to $13,000 over the anti-big-bank slogans that were left using washable children's chalk on a sidewalk outside of three San Diego, California branches of Bank of America, the massive conglomerate that received $45 billion in interest-free loans from the US government in 2008-2009 in a bid to keep it solvent after bad bets went south.

The Reader reports that Olson’s hearing had gone as poorly as his attorney might have expected, with Judge Howard Shore, who is presiding over the case, granting Deputy City Attorney Paige Hazard's motion to prohibit attorney Tom Tosdal from mentioning the United States' fundamental First Amendment rights. Read more >>

Lindsey Graham Isn't Sure If Bloggers Deserve 'First Amendment Protection'

Whether bloggers count as journalists has mostly been a matter of esoterics for reporter types. But as Congress weighs a media shield law in response to the Associated Press/Justice Department subpoena scandal, the question is gaining an urgency that lawmakers are finding hard to ignore as they turn to writing the bill.

Speaking to reporters Tuesday, Sen. Lindsey Graham, R-S.C., took on the issue—and stumbled.

"Who is a journalist is a question we need to ask ourselves," he said. "Is any blogger out there saying anything—do they deserve First Amendment protection? These are the issues of our times."

The verbal slipup aside (of course bloggers are covered under the Bill of Rights!), Graham's riffing on constitutional law exposes one of the age-old tensions between journalism as a product and journalism as an activity. What Graham really meant to ask was whether bloggers deserve the specific protections of the First Amendment that are granted to the press.  Read more >>