With a slogan like “Fuck the police!” how could she lose?

The ultimate example of the legal principle of res ipsa loquitur,  meaning that the existence of something alone is sufficient evidence to prove misconduct, comes from a classic case,which I have quoted here before, involved a  lawsuit against R.J. Reynolds. The suit was brought by a  customer who had chawed down on a  rotting, severed human toe while trying to enjoy a plug of chewing tobacco. He initially lost his case based on the theory of “let the buyer beware,” but won on appeal. On the subject of whether the plaintiff had to prove negligence, a wry appellate judge wrote (in 1918) that assuming ordinary care, it boggled the mind to…

“imagine human toes could not be left out of chewing tobacco, and if toes are found in chewing tobacco, it seems to us that somebody has been very careless.”

In today’s example of the same principle, I can imagine no reason why, with ordinary care, a trans, anarchist, Satanic candidate using the campaign slogan “Fuck the Police” should be the Republican candidate for sheriff in Cheshire County in New Hampshire. If a trans, anarchist, Satanic candidate using the campaign slogan “Fuck the Police” is the Republican candidate for sheriff in Cheshire County in New Hampshire, it seems to me that somebody has been very careless.

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