Is "you're only prosecuting me for this random crime because I happened to be burning a flag" a viable defense?
Is "you're only prosecuting me for this random crime because I happened to be burning a flag" a viable defense?
To the extent any other selective prosecution is. Requires proof that (1) selected because of prohibited reason (protected speech, race, etc.) and (2) similarly situated people aren’t being prosecuted for the same thing. (2) is the hurdle most people can’t clear.
Thanks!