This Day in Legal History: Mississippi Burning
On November 21, 1964, a federal grand jury convened in Meridian, Mississippi, and indicted 19 men in connection with the murders of James Chaney, Andrew Goodman, and Michael Schwerner—three civil rights workers abducted and killed by the Ku Klux Klan during Freedom Summer. The brutal killings had shocked the nation, but Mississippi officials refused to pursue murder charges, prompting the federal government to step in. Lacking jurisdiction over homicide, federal prosecutors turned to a rarely used provision of the Reconstruction-era Civil Rights Act of 1870, charging the defendants with conspiracy to violate the victims’ civil rights.
This legal maneuver led to United States v. Price (1967), a pivotal Supreme Court case that affirmed the federal government’s authority to prosecute state actors and private citizens working in concert to deprive others of constitutional rights. The Court unanimously held that the Due Process Clause of the Fourteenth Amendment could be enforced through criminal prosecution when state officials or their proxies engaged in unlawful conduct.
At trial, seven of the defendants, including a deputy sheriff, were convicted—though none received more than ten years in prison. Several of the most notorious perpetrators, including Edgar Ray Killen, evaded justice for decades. Still, the case marked one of the first successful federal efforts to hold white supremacists accountable for racial violence in the Jim Crow South.
The Mississippi Burning case revealed both the limits of federal power—since murder charges were off-limits—and its emerging role as a necessary backstop when local justice systems failed. It signaled a new willingness by the Department of Justice to engage in civil rights enforcement, even in the face of deep local hostility. The grand jury’s action on this day helped set legal and moral precedent for future federal interventions in civil rights cases.
Google is making a final argument in federal court to avoid a forced breakup of its advertising technology business, as the U.S. Department of Justice (DOJ) wraps up its antitrust case. U.S. District Judge Leonie Brinkema already ruled in April that Google maintains two illegal monopolies in the ad tech space. Now the court is weighing remedies, with the DOJ and several states pushing for the sale of Google’s AdX exchange, a key platform where digital ads are auctioned in real time.
During an 11-day trial that began in September, the DOJ argued that only a forced divestiture would effectively curb Google’s anticompetitive conduct. In response, Google contended that breaking up its ad business would be technically disruptive and harmful to customers. The company also emphasized that it would comply with less drastic remedies.
The trial represents one of the most serious legal threats to Google’s ad empire to date. While Google has largely avoided major penalties in previous antitrust actions, this case—and others still pending against Meta, Amazon, and Apple—could mark a turning point in federal enforcement against Big Tech.
Google has pledged to appeal any adverse ruling, including Judge Brinkema’s earlier decision and a separate finding in Washington that declared Google’s dominance in online search and advertising unlawful. In that case, Google was not forced to sell its Chrome browser but was ordered to share more data with competitors.
The outcome of this trial could have lasting implications for the structure of the digital ad industry and the future of antitrust enforcement in the tech sector.
Google aims to dodge breakup of ad business as antitrust trial wraps | Reuters
As the federal government considers limiting state regulation of artificial intelligence, many U.S. states are moving in the opposite direction—introducing legislation to curb algorithmic pricing practices that may be inflating costs for consumers. These laws target the growing use of software that sets prices based on personal data, such as location, browsing history, and past purchases. Critics argue this enables businesses to charge consumers what they’re perceived to be willing to pay, not a fair market rate.
Former FTC Chair Lina Khan, now advising New York City’s incoming administration, is helping shape efforts to leverage state authority to combat such practices. Laws already passed in New York and California prohibit algorithmic collusion in rental markets, and 19 other states are considering similar bills to restrict price-setting based on competitor data.
The issue has attracted bipartisan concern. Utah Republican Tyler Clancy plans to introduce legislation aimed at giving consumers more control over the data companies collect and use to personalize prices. Advocacy groups like Consumer Reports warn that AI-driven pricing risks exacerbating inequality, allowing companies to charge different prices based on who they think the buyer is—effectively punishing certain groups of consumers.
Meanwhile, President Trump is reportedly considering an executive order that would block state-level AI rules, escalating the tension between federal deregulation efforts and state-led consumer protection initiatives.
US states take aim at data-driven pricing to ease consumer pain | Reuters
In a landmark decision, the New Jersey Supreme Court has become the first high court in the U.S. to ban prosecutors from introducing expert testimony that shaking alone can cause the internal injuries typically attributed to Shaken Baby Syndrome (SBS). The 6–1 ruling came in two separate child abuse cases involving fathers accused of harming their infant sons. The court held that the state failed to show sufficient scientific consensus across relevant fields, particularly from biomechanical engineering, to justify presenting SBS as a reliable diagnosis in the absence of external trauma.
While SBS has long been used to explain serious injuries like brain swelling and internal bleeding in infants—forming the basis for thousands of abuse prosecutions—the court emphasized that scientific evidence must be broadly accepted and reliable, not speculative or limited to select disciplines. Pediatricians and neurologists largely support the SBS diagnosis, but the court noted that the foundational research stemmed from a 1968 whiplash study, and the biomechanics field has not confirmed that shaking alone, without head impact, can produce the injuries.
One of the defendants, Darryl Nieves, had his case dismissed, while the other, Michael Cifelli, remains charged but plans to seek dismissal based on the ruling. The decision opens the door for challenges in past SBS convictions and may limit future prosecutions relying solely on SBS testimony.
Justice Fabiana Pierre-Louis wrote that the door isn’t permanently closed—if future research can establish consensus, such testimony may be admitted. But for now, the ruling significantly raises the bar for the use of SBS in court. Justice Rachel Wainer Apter dissented, warning that the majority gave too much weight to a single scientific field over others.
New Jersey high court first in US to ban Shaken Baby Syndrome testimony | Reuters
A piece I wrote for Forbes this week examined how Foreign Bank and Financial Account (FBAR) reporting enforcement has evolved into a penalty system wildly out of sync with the actual harm caused. I opened with the United States v. Saydam decision, where a dual citizen was hit with a $437,000 civil penalty for failing to file FBAR forms—even though the government’s tax loss was only about $29,000. There was no fraud, no evasion, and no criminal behavior, yet the punishment looked like something reserved for offshore tax schemers. I argued that this case shows how FBAR has drifted far from its original purpose under the Bank Secrecy Act, which was aimed at serious financial crime, not routine reporting lapses.
In the article, I explained how the concept of “willfulness” has morphed into something elastic enough to include recklessness or even simple inattention, giving the IRS license to impose penalties of up to 50% of an account’s highest balance per year. That structure means the punishment often bears no relation to any underlying tax obligation. Saydam’s case illustrates this perfectly—the government simply took his highest‑balance year, sliced it in half, spread it across the years he didn’t file, and ended up with a crushing figure.
I also emphasized that the people being hit hardest aren’t drug traffickers or money‑launderers; they’re ordinary taxpayers with overseas ties—dual citizens, immigrants, retirees—whose “wrongdoing” is usually limited to missing a form. The court’s acknowledgment that FBAR penalties are indeed “fines” under the Eighth Amendment should have prompted a stronger proportionality analysis, but instead it set a very forgiving standard for the government, effectively blessing massive penalties for paperwork lapses.
In my view, when penalties exceed the actual tax loss by a factor of fifteen, we’re no longer talking about a compliance tool—we’re talking about a punitive revenue mechanism. The system now incentivizes extracting large sums from people who pose no threat to the tax base. Saydam didn’t hide money or lie about his income; he just didn’t file a disclosure. Yet he now faces nearly half a million dollars in liability. As I wrote, if this is the precedent, FBAR has stopped being a transparency measure and has become a blunt instrument aimed at immigrant taxpayers.
The Rise And Proliferation Of Excessive FBAR Penalties
This week’s closing theme is by Henry Purcell.
This week’s closing theme comes from Purcell, the brilliant English Baroque composer often called “the Orpheus Britannicus” for the beauty and depth of his music. Born in 1659 and active during the late 17th century, Purcell’s work bridged the gap between Renaissance polyphony and the emerging Baroque style, blending French elegance, Italian expressiveness, and a distinctly English sensibility. Though he died young at just 36, his influence on British music would echo for centuries.
While his “Ode to Saint Cecilia”—written for the patron saint of music—is his most direct connection to November 22, the official feast day of Saint Cecilia, Purcell’s music is appropriate listening for this week. His compositions often graced the St. Cecilia Day festivals held annually in London, celebrating music itself as a divine art.
The Overture in G minor, which closes our episode today, is not among his ceremonial odes but showcases many of his signature strengths: tight contrapuntal writing, a dark, dignified mood, and striking harmonic shifts that feel centuries ahead of their time. The overture begins with a slow, solemn introduction before launching into a more vigorous section, where rhythmic vitality meets melodic restraint.
It’s a concise, powerful piece that reflects Purcell’s talent for writing music that is both emotionally direct and structurally refined. Though originally composed for a larger suite or theatrical context, it stands on its own as a miniature masterwork. As the week draws to a close and Saint Cecilia’s Day approaches, Purcell’s music reminds us that even in constraint—of time, of scale, of form—there can be grandeur.
And with that, enjoy Purcell’s Overture in G minor!
