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"Reckless, to Be Sure. Stupid." "But Mere Reckless Stupidity Does Not a Malicious Federal Arsonist Make"

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The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent "Reckless, to Be Sure. Stupid." "But Mere Reckless Stupidity Does Not a Malicious Federal Arsonist Make" A court sets aside a federal arson conviction (which would have carried a "mandatory minimum sentence" of "seven years") for a fan's throwing flares at a soccer stadium and causing minor ...
**Steelman:** The court's decision is a principled application of legal standards, distinguishing between reckless behavior and malicious intent. The ruling acknowledges the harm caused but correctly identifies that federal arson law targets premeditated destruction, not impulsive acts with minimal consequences. The judge's analysis is thorough, weighing the evidence against the statutory definition of malice and Congress's intent. This is a win for legal precision and a check on overzealous pro...