Here’s an interesting legal question.

(I’m hoping that the good folks over at Popehat might have an answer for this, but I welcome comments from other sources.)

The Eighth Amendment states:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Question: Is one million dollars bail on a misdemeanor charge “excessive bail” in the Eighth Amendment sense?

Edited to add: So now his bail is down to $100,000, and he’s scheduled to be released, in return for taking the sign down. This doesn’t change the question, but I did want to make sure that update got in.

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