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One Serious Problem Gone (Jewish Journal, February 1, 2012)

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The City Council's Shameless Pander (The Wide Angle, October 20, 2011)

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Stout Awards Honors Olney, Morrison and Mantle (The Wide Angle, October 20, 2011)

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Dance With Who Brung ‘Ya (Jewish Journal, September 28, 2011)

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Jury Got It Right in the ‘Irvine 11’ Case (The OC Register, September 23, 2011)

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'Irvine 11' Muslim student protesters found guilty on both charges (KPCC’s Airtalk, September 23, 2011)

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Voting Rights Act Outdated in Modern Day LA (The Daily News, August 21, 2011)

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What Los Angeles Can Teach the UK (BBC News World, August 15, 2011)

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When Did Carrying An ID Become A “White Thing”? (The OC Register, August 15, 2011)

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Bill Crafts Disneyland Version of History (The Sacramento Bee, July 14, 2011)

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An Education Game Changer (The Wide Angles, July 12 2011)

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A Flotilla of Fools (The Wide Angle Blog, July 8, 2011)

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Advocacy, the Academy and Mushy Thinking (The Wide Angle Blog, July 1, 2011)

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Tragic Fiction comes to Life (The Wide Angle, June 23, 2011)

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Coalition Sues to Keep Circumcision Ban Off Ballot (The Jewish Journal, June 22, 2011)

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The Circumcision Wars (The Wall Street Journal, June 3, 2011)

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Male Circumcision Ban Proposed in Santa Monica (The Jerusalem Post, May 25, 2011)

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Right Goal, Wrong Strategy (The Wide Angle Blog, May 11, 2011)

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The Bus Has Left the Station (City Journal, April 1, 2011)

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UCLA Leads the Pack (The Wide Angle Blog, March 29, 2011)

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Mixed Race Marriages and Our Attitudes (The Wide Angles, March 25, 2011)

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The Uncle Tom Accusation, Again (The Wide Angle Blog, March 18, 2011)

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A Forward Looking Decision in Civil Rights (The Wide Angle Blog, March 9, 2011)

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A Rising Wave of Anti-Semitism (Los Angeles Times, September 16, 2009)

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The Wide Angle, A Community Advocates Blog (July - September, 2009)

July… August… September…

Israeli Consul General, Palestinian Lobbyist Reach Mock Peace Agreement (Jewish Journal of Greater Los Angeles, May 6, 2009)

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Critical Issues Seminar—Mock Peace Summit in conjunction with the National Center for the Preservation of Democracy and KPCC (KPCC's Airtalk, April 29, 2009)

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In Battle Between Teachers, LAUSD, It’s the Kids Who Lose (Daily News, March 6, 2009)

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L.A. at the Tipping Point (www.RonKaye.LA, February 13, 2009)

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Theatrics by the Teachers (Daily News, February 8, 2009)

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Chicago Vs. Los Angeles Their Supe Is Obama’s New Education Man. Our Supe is Nice But… (LA Weekly, January 23, 2009)

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Critical Issues Seminar—Millennials Remaking America with KPCC (KPCC's Airtalk, January 21, 2009)

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The Good News About Gaza in America (Jewish Journal of Greater Los Angeles, January 21, 2009)

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What Oakland Should be Protesting (Los Angeles Times, January 19, 2009)

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Calling All Radical Reformers to LAUSD (Daily News, December 14, 2008)

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Attention Politicians: Pandering Won’t Fly (Jewish Journal of Greater Los Angeles, November 12, 2008)

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Presentation to Ayaan Hirsi Ali of Ziegler Prize for Courage of Conviction (Japan American Theatre, October 22, 2008)

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The Problems and Potential of South L.A., A Dust-Up Exchange between Joe R. Hicks and Earl Ofari Hutchinson (Los Angeles Times, August 11-15, 2008)

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Find Fresh Ideas to Battle Hate, Letter to the Editor (Los Angeles Times, August 4, 2008)

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Fast Food Freeze is a Good Choice for South LA by Jan Perry, Los Angeles Times, August 4, 2008)

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Do You Want Poppycock With That? by Tim Rutten (Los Angeles Times, August 2, 2008)

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Fast-food Moratorium is Meddling (Los Angeles Times, July 31, 2008)

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Critical Issues Seminar on the Role of Race in the 2008 Elections in conjunction with the National Center for the Preservation of Democracy and KPCC (KPCC's Airtalk, June 27, 2008)

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Shalom is not Funny (Letter to the Editor, Los Angeles Downtown News, June 23, 2008)

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A Dangerous and Precedent Setting Intrusion (Jewish Journal, June 13, 2008)

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“Ziman and Lee” (Jewish Journal of Greater Los Angeles, May 16, 2008

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We Don’t Need More Gabfests on Diversity (Jewish Journal of Greater Los Angeles, May 2, 2008)

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Families Deserve More than a Moratorium (Los Angeles Times, Blowback, April 10, 2008)

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On Any Given Sunday, Rev. Wright is Wrong (www.theroot.com, March 26, 2008)

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Obama’s Minister (KPCC’s Airtalk, March 18, 2008)

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LA Gang Violence Spikes (Associated Press, March 6, 2008)

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Critical Issues Seminar on The State of the Black Civil Rights Movement Today in conjunction with the Los Angeles Public Library and KPCC (KPCC's Airtalk, February)

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Asking Too Much (Los Angeles Times, January 31, 2008)

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Playing a Frayed and Faded Race Card (Jewish Journal, January 18, 2008)

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Limiting Fast Food Outlets---Path to Better Health? (KCET’s Life & Times, December 20, 2007)

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The State Bar and Revealing Data on Minority Passage Rates (KCET’s Life & Times, December 18, 2007)

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Divisions in the Jewish Community—Talking About Jerusalem (KCET’s Life & Times, December 12, 2007)

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Do Los Angeles’ Anti-Gang Programs Work? (KCET’s Life & Times, December 6, 2007)

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Sharpton Leads Call for Federal Investigation of Hate Crimes (Los Angeles Times, November 17, 2007)

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Race Card Backlash (Los Angeles Times, October 30, 2007)

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Critical Issues Seminar on Charter Schools in conjunction with the National Center for the Preservation of Democracy and KPCC (KPCC's Airtalk, October 5, 2007)

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The Private Lives of Public Officials (KCET’s Life & Times, Kitchen Table Conversation, October 2, 2007)

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“Smart Growth” and Los Angeles Planning (KCET’s Life & Times, Kitchen Table Conversation, September 20, 2007)

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Civil Rights in Louisiana (To the Point, KCRW-FM, September 20, 2007)

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The Racial/Ethnic Educational Achievement Gap (KCET’s Life & Times, Kitchen Table Conversation, September 12, 2007)

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Board Vote Not Aimed At Students (Los Angeles Daily News, September 9, 2007)

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Healthcare Reform and Politics (KCET’s Life & Times, Kitchen Table Conversation, September 5, 2007)

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The Constitution and Sex Offenders (KCET’s Life & Times, Kitchen Table Conversation, August 30, 2007)

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‘Profiles in Courage’ ( Jewish Journal, August 24, 2007)

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Where’s the Fire? (Washington Post, August 2, 2007)

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Race and Politics in a Changing South LA (KCET’s Life & Times, Kitchen Table Conversation, June 20, 2007)

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Gangsta Rap and its Impact (KCET’s Life & Times, Kitchen Table Conversation, June 13, 2007)

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Mexican Americans and Drunk Driving (KCET’s Life & Times, Kitchen Table Conversation, June 6, 2007)

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Baseball and the Decline in African-American Players (KCET’s Life & Times, Kitchen Table Conversation, May 30, 2007)

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Los Angeles Unified’s New Board (KCET’s Life & Times, Kitchen Table Conversation, May 23, 2007)

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Hollywood and its Impact on Political Discourse (KCET’s Life & Times, Kitchen Table Conversation, May 16, 2007)

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New Times and the NAACP (KCET’s Life & Times, Kitchen Table Conversation, May 9, 2007)

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Downtown Homeless and the LAPD (KCET’s Life & Times, Kitchen Table Conversation, May 2, 2007)

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Immigration and the new Sanctuary Movement (KCET’s Life & Times, Kitchen Table Conversation, April 25, 2007)

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The Teachers’ Union and School Reform, (KCET’s Life & Times, Kitchen Table Conversation, April 18, 2007)

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Drop the Race Card (Washington Post, April 15, 2007)

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The Takeover of the Times (KCET’s Life & Times, Kitchen Table Conversation, April 11, 2007)

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The Governor’s Health Care Plan (KCET’s Life & Times, Kitchen Table Conversation, March 28, 2007)

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Racism in the LA Fire Department? (KCET’s Life & Times, Kitchen Table Conversation, March 14, 2007)

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Critical Issues Seminar in conjunction with the National Center for the Preservation of Democracy and KPCC (KPCC's Airtalk, February 26, 2007)

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“Has the Nanny State Gone Too Far?” (KCET’s Life & Times, Kitchen Table Conversation, February 28, 2007)

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“Justice Takes A Beating In Long Beach Racial Hatred Case” ( Jewish Journal, February 16, 2007)

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“Gang ‘Marshall Plan’ - Will It Work?” (KCET’s Life & Times’ Kitchen Table Conversation, February 14, 2007)

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“Living Wages or Dying Businesses?” (KCET’s Life & Times Kitchen Table Conversation, January 31, 2007)

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“Gangs of New York and LA” (Jewish Journal of Los Angeles, January 26, 2007)

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KCET’s Life & Times transcript of Kitchen-table Conversation regarding “The Future of the Middle Class in Los Angeles” (Life & Times, January 17, 2007)

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“Does Abe Foxman Have An Anti-Anti-Semite Problem?”, (New York Times Magazine, January 14, 2007)

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KCET’s Life & Times Transcript of Kitchen-table Conversation regarding “Military Recruitment on Campus---Right or Wrong?” January 3, 2007

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KCET’s Life & Times Transcript of Kitchen-table Conversation regarding “Is There An Assault on Christmas?” December 13, 2006

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Racism Claims a Stretch" (Daily News, December 1, 2006)

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KCET’s Life & Times Transcript of Kitchen-table Conversation regarding “What is Racism Today?” November 29, 2006

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"Racism in Entertainment", (KCRW's "Which Way LA?", November 27,2006)

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KCET’s Life & Times Transcript of Kitchen-table Conversation regarding “Border Fence---Boondogle or Barrier?” (life & Times, November 15, 2006)

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“LA’s Jews and Other Minorities---Oh How They Danced” (Los Angeles Jewish Journal, November 11, 2006)

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KCET's Life & Times Transcript of Kitchen-table Conversation regarding "Racial Profiling and a National ID Card" (Life & Times, October 18, 2006)

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Critical Issues Seminar in conjunction with the National Center for the Preservation of Democracy and KPCC (KPCC's Airtalk, October 9, 2006)

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KCET's Life & Times Transcript of Kitchen-table Conversation regarding "Immigration Debate Divides Conservatives" (Life & Times, October 5, 2006)

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KCET's Life & Times Transcript of Kitchen-table Conversation regarding "Drugs in Sports" (Life & Times, October 3, 2006)

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Award Dispute", KPCC's Airtalk, September 15,2006

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"Two Faced On Terrorism", Los Angeles Times, September 14, 2006

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Award to Islamic Leader Hathout Stirs Dispute", KCRW's Which Way LA?, September 14, 2006

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KCET's Life & Times Transcript of Kitchen-table Conversation regarding "California's High School Exit Exam?", ( Life & Times, August 23, 2006)

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"4 Los Angeles Latino Gang Members Convicted of Anti-Black Conspiracy" (Los Angeles Times, August 2, 2006)

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"Muslim Council's Bias All Too Clear" (Los Angeles Daily News, August 1, 2006)

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KCET's Life & Times transcript of Kitchen-table Conversation regarding "UCLA's Minority Admissions, (Life & Times, July 19, 2006)

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KCET's Life & Times Transcript of Kitchen-table Conversation regarding "Celebrity Causes--Ego or Altruism?", ( Life & Times, July 13, 2006)

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Did Anti-Semitism Take Root at the South Central Farm? (Jewish Journal, June 23,2006)

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KCET's Life & Times Transcript of Kitchen-table Conversations regarding Immigration and Employment (Life & Times, June 21,2006)

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KCET's Life & Times transcript of news segment on the South Los Angeles Farm controversy (Life & Times, June 6, 2006)

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KCET's Life & Times transcript of Kithcen-table Conversation regarding the Mayoral takeover of the Los Angeles Unified School District (Life & Times, June 6, 2006)

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Letter to the Editor regarding Race, Religion, and Demographic Change (Los Angeles Times, June 4, 2006)

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KCET's Life & Times transcript of Kitchen-table Conversation regarding Hybrid Cars and Energy Conservation (Life & Times, May 23, 2006)

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KCET's Life & Times transcript of Kitchen-table Conversation regarding Teen Sex (Life & Times, May 18, 2006)

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KCET's Life & Times transcript of Kitchen-table Conversation regarding Black Brown Tensions in LA (Life & Times, May 2, 2006)

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Debate education policy, not race (Los Angeles Times, April 22, 2006)

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KCET's Life & Times transcript of Kitchen-table Conversation regarding Fatherless Parenting (Life & Times, April 11, 2006)

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Border Protests Not Fight for Civil Rights (Jewish Journal of Greater Los Angeles, April 7, 2006)

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KCET's Life & Times transcript of Kitchen-table Conversation regarding Black-Brown tensions (Life & Times, April 4, 2006)

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Civil Rights? How About Lawlessness? (Los Angeles Times, April 1, 2006)

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KCET's Life & Times transcript of Kitchen-table Conversation regarding Immigration (Life & Times, March 30, 2006)

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Differing Views of Race in L.A. Collide in 'Crash' (Los Angeles Times, March 2, 2006)

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Disputed Film Draws Muted Response (Jewish Journal of Greater Los Angeles, February 10, 2006)

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Blacks vs. Latinos at Work (Wall Street Journal, January 24, 2006)

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The Munich Concern Is Us--Not Film (Jewish Journal of Greater Los Angeles, January 20, 2006) with Dr. Michael Berenbaum

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NAACP Leader Turned Heads By Backing Tookie (Baltimore Sun, January 15, 2006) Joe Hicks quoted

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Munich Portrays Real World Issues (Jewish Journal of Greater Los Angeles, December 23,2005), with Dr. Michael Berenbaum

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New Farrakhan Embodies Old Message (Los Angeles Jewish Journal, October 21, 2005)

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Levees Let Loose An Ugly Flood of Black Paranoia (Los Angeles Times, October 2, 2005)

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Lessons From the Ruins (LA Weekly, August 12, 2005)

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Let's Make A Diploma Mean Something (Los Angeles Times, August 27, 2005)

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Police Beating of Minister Disputed (Los Angeles Times, August 27, 2005)

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We Only Burned Ourselves, Baby (Los Angeles Times, August 7, 2005)

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Knee-jerk Activists and Their Tantrum Politics (Los Angeles Times, July 24, 2005)

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"Crash" Is No Picture of the Real Los Angeles (Los Angeles Daily News, June 24, 2005)

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Hit Film Paints Inaccurate Picture of Diverse LA (89.3 KPCC Perspectives, June 23, 2005)
Joe Hicks, the vice president of Community Advocates, says the hit movie Crash ...
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Jackson Trial Reaction Shows How Unimportant Race Is in US (Los Angeles Daily News, June 19, 2005)

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"Reel Life" (Jewish Journal of Greater Los Angeles, June 10, 2005)

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Joe Hicks talks about the election results (89.3 KPCC AirTalk, May 18, 2005)
with KPCC's Larry Mantle and reporter Adolfo Guzman Lopez, Sherry Bebitch Jeffe, Raphe Sonenshein, Bill Rosendahl, Rick Caruso, Antonia Hernandez, , Joel Kotkin and D.J. Waldie.
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  David A. Lehrer
Joe R. Hicks
 
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The Constitution and Sex Offenders (KCET’s Life & Times, Kitchen Table Conversation, August 30, 2007)


Val Zavala>> The internet has opened up a whole new forum for sex offenders. Now some sites like child pornography are, of course, criminal. But what about others? What if a pedophile simply fantasizes on the internet? Is that a crime?

A judge recently issued a restraining order against professed pedophile, Jack McClellan. It was based mainly on statements he posted on his website. Tony Zinnanti is the attorney who secured the restraining order against McClellan. He joins us at our Kitchen Table for a debate with Eugene Volokh, constitutional law professor at UCLA. David Lehrer of CommUnity Advocates kicks off our debate.

David Lehrer>> Gene, Tony, the McClellan case, an admitted pedophile, has dominated the news recently and raised, I think, some fascinating constitutional and legal issues. Tony, give us a little background. You were the attorney going to court looking for a temporary restraining order to prevent Mr. McClellan from certain activities. Give us a little background on him and what you did.

Tony Zinnanti>> Right. With Mr. McClellan, when he came to our town in Santa Clarita, he appeared that he had some proclivities which were clearly of concern. The fact of the matter was, after several news stories, it became clear that he was quite brazen about his activity.

David Lehrer>> About being interested in young girls.

Tony Zinnanti>> Right, exactly. The fact is, where he's out and he's shadowing these kids, he's photographing them, he's loitering per his own statements.

David Lehrer>> And then he's got a website. He blogs about it or he puts the pictures on the internet?

Tony Zinnanti>> Right. What he was doing was, he was surreptitiously taking photographs of these little girls and placing them on the internet under the guise of pedophilia for the sake of rating them or showing, you know, where these kids can be found.

David Lehrer>> And giving advice to other pedophiles where to go to public places, where to find young kids, what are the hot spots in southern California. Is that it?

Tony Zinnanti>> Right, exactly. That was something that was a tremendous concern with respect to Mr. McClellan's activities.

David Lehrer>> So you went to court looking for a restraining order asking the court to order Mr. McClellan to stay away from --

Tony Zinnanti>> To stay away from the Santa Clarita Valley. What I asked for -- and this is the fascinating part about the story -- is that I asked for very limited relief. I gave the judge this much to work with and I asked for basically this much. I just wanted a perimeter of safety around kids in Santa Clarita. The judge made it statewide.

David Lehrer>> Okay, Gene, an expert on constitutional law. What do you think about, given the facts as described by Tony?

Eugene Volokh>> Well, McClellan is a very dangerous guy. I'd like to see him locked up. If there's evidence that he's committed a crime, the police should be locking him up. But in our legal system, you can't lock someone up or even substantially restrain his liberty. The injunction in this case orders him to stay at least ten yards away from anywhere where minor children congregate. That could be playgrounds or it could be malls. Minor children is anybody up to age seventeen.

You can't issue those kinds of orders that interfere with somebody's ability to go to a wide range of places just because a judge is afraid and just because the person has bad attitudes or even we think bad intentions. That's not the way our criminal justice system works.

Generally, you can be punished and restrained in your liberty for what you have done or you have conspired to do or have attempted to do under the legal definition of attempt, and not for what we're afraid you might do but we've never been able to convict you of anything.

David Lehrer>> So you think it's not even a close call?

Eugene Volokh>> Yeah, I think this injunction is unconstitutional. It also seems to me to be not authorized by the statute. The statute involved the relevant portion that deals with no injunctions based on knowing and willful course of conduct directed at a specific person. Those injunctions would favor that person.

That language of specific person is important. There is room in the law for narrow injunctions that order you to stay away from one particular person. The theory is that you could have kind of modest --

David Lehrer>> -- a stalker.

Eugene Volokh>> Yeah, a modest amount of due process for a modest restriction. The restriction says, look, all you need to do is stay away from this person you're stalking. But when the injunction turns into an order that bars him from within thirty feet of any place where minor children are present, as I said, seventeen year olds, or contact any minor child, that means that if he is at a McDonalds and there's somebody he knows behind the county who's sixteen, he can't literally talk to him because that would be contacting a minor child.

Those kinds of injunctions I don't think is authorized by the statute of the constitution.

David Lehrer>> I mean, there really is a profound tension here between you think this guy is bad and dangerous and he proclaims apparently openly, "I'm a bad and dangerous guy." But as far as we know, he hasn't done anything other than take pictures which you can do in public of anybody out there in the public.

Eugene is saying, if he's only talking and only doing what normal people do, the legal system isn't equipped to deal with that. We have constitutional protections against that. How do you respond?

Tony Zinnanti>> All right. My response to that is, I can't limit this to the parameters of that factual scenario because what's dangerous here and what's very relevant to your points is Mr. McClellan's stated intent. Specifically in the fact pattern, you'll see that he states that he would use the "need a ride" excuse to potentially lure someone to get into his car.

Eugene Volokh>> As I understand it, that's actually a quote from a third party who claims to have borrowed it from a previous site. From what I saw of your papers, it wasn't actually authenticated as a statement of McClellan's, but just a third party report of something McClellan had said.

Without any context describing whether this was a fantasy, whether this was a plan, whether this was an actual attempt to commit a crime that was aborted, if he indeed attempted to commit a crime, then in that case, I think it would be wonderful.

David Lehrer>> Charge him with a crime.

Eugene Volokh>> Charge him, prosecute him, lock him up. Once, even when he's released, at that point, he becomes subject to various sex offender laws that are based on the previous conviction. But this doesn't seem very strong evidence, this indirect, unauthenticated report.

Tony Zinnanti>> Well, let me put the facts back on you then, all right? With the question that let's assume that that statement is authenticated, okay? There's a lot of facts that have come to fruition here.

David Lehrer>> Reiterate. What's the statement again?

Tony Zinnanti>> Okay. The statement being "need a ride". He's in a Food Pantry with little children around and he's contemplating luring someone into his car per his blog, which is a part of his admission. It's not hearsay.

Eugene Volokh>> My assumption, yeah.

Tony Zinnanti>> Eugene, assuming it's properly authenticated, is "need a ride" the kind of statement we should be concerned about?

Eugene Volokh>> Well, actually, as I understand the statement, he was thinking about how maybe if things had been otherwise, he might have tried to lure a child into his car. That is pretty indirect. I don't think that's the sort of thing you can get an attempt conviction.

If you can find that he actually approached a child and there's evidence to show that he had intent to molest the child and asked the child for a ride and the child fled, that is criminal attempt. It sounds like it would be under those hypothetical circumstances.

In that case, I'm all in favor of arresting the guy, prosecuting him, throwing the book at him. Then again, once he's released from prison, which I hope won't be for a long time, having him be subject to a wide panoply of restraints that are imposed on people.

But that's hypothetical. His statement, even assuming this third party account is correct, was what he was thinking, he was contemplating. In our legal system, you can't punish someone for contemplating.

Tony Zinnanti>> He has a course of conduct that corroborates his stated specific intent.

Eugene Volokh>> Stated specific intent to do what?

Tony Zinnanti>> Stated specific intent to surreptitiously photograph kids and put them --

Eugene Volokh>> -- it's not a crime to photograph kids without parents' permission.

Tony Zinnanti>> It's not a crime, but it's a civil tort.

David Lehrer>> So, Eugene, how do you think this is going to end?

Eugene Volokh>> I think that this injunction is going to get vacated. What I hope is going to happen is that the police find evidence that he's committed some crime or has attempted or conspired to commit some crime and prosecute him through the traditional criminal justice system, at which point he can be restrained in lots of ways.

But an injunction this broad can't be issued simply because we think, perhaps quite rightly, that he's a very bad guy and he has bad desires. That's not the way our legal system works.

David Lehrer>> Tony?

Tony Zinnanti>> I appreciate Eugene's position, but the fact of the matter is, the record of facts shows something else and that's what this order is based upon. It was issued by a very seasoned bench officer, Judge Melvin Sandvig, who has seen quite a few bad guys come through his courtroom, and he wasn't willing to risk the welfare of minor children.

David Lehrer>> And we're not willing to risk the wrath of KCET. So thank you, Tony, and thank you, Eugene.

Tony Zinnanti>> Thank you.

 

 
   
 
 
   

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