New York Paralegal Blog

Part 1: Defining Systemic Power and Why Black People Cannot Wield It It’s one of the most common—and contentious—questions in discussions about race: "Can Black people be racist against white people?" To answer it accurately, we must look beyond individual actions and consider the systems of power that shape our society. This post will define the crucial difference between simple prejudice and entrenched systemic power, demonstrating why the concept of "reverse racism" fundamentally misunderstands how power operates in America. Prejudice vs. Power: Defining Discrimination Yes, a Black person can hold prejudices or biases against a white person. They can say hurtful things, treat someone unfairly based on their race, or even make biased decisions in a one-on-one interaction. This is individual discrimination or prejudice. It is harmful and wrong, and it hurts individuals. However, this is where the conversation often stops, missing a vital piece of the pu...

The digital world offers incredible ways to connect, learn, and express ourselves. But unfortunately, it also provides a fertile ground for hate speech, misinformation, and harassment. To tackle this growing problem, New York State has enacted a new law called the "Stop Hiding Hate" Act. Think of it as a push for greater transparency. This law requires major social media companies operating in New York (those making over $100 million annually) to report biannually to the Attorney General's office. These reports will detail: Their definitions: How do they define harmful content like hate speech, racism, misinformation, extremism, harassment, and even foreign political interference in their terms of service? Their enforcement: How do they actually apply these rules? What actions do they take when content violates their policies? The numbers: How many posts were flagged as potential violations? How many actions did they take (like removing content, demonetizing i...

Justin Heath Smith, a popular adult film actor known by his stage name “Austin Wolf,” has been sentenced to 19 years in federal prison for his horrifying pattern of criminal activity involving the sexual exploitation of children. This case is a powerful example of how federal law works to protect our most vulnerable citizens and the severe consequences that await those who use any platform—even celebrity—to prey on minors. The Law: What Led to 19 Years? Smith was sentenced for two primary categories of federal offenses: Enticing a Minor to Engage in Illegal Sexual Activity: This charge targets the act of soliciting, persuading, or luring a minor to participate in sexual acts. The legal focus is on the intent and the communication, not just whether the act occurred. Smith's conduct included successfully enticing a 15-year-old, and attempting to arrange meetings with purported nine-year-old and 14-year-old children. Engaging in a Pattern of Activity Involving Prohibited S...

The news about Job Uriah Taylor—the defendant in a violent, racially-motivated assault case whose mental health diversion was just overturned by the Court of Appeal—brings a crucial legal question into focus:  When should mental health treatment outweigh punishment, and who draws the line? Here is a simple breakdown of the law and why this decision is a major victory for the District Attorney's Office (DA) and for the concept of public safety. What is Mental Health Diversion (MHD)? California's Penal Code Section 1001.36 created Mental Health Diversion. In short, it’s a legal alternative to the traditional criminal process that seeks to prioritize treatment over jail time. The core idea:  If a person commits a crime because of a diagnosable mental disorder (like schizophrenia or bipolar disorder), the court can  pause the criminal case  and send the defendant into a structured, court-monitored treatment program for up to two years. The ultimate reward: ...