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Do the Groping Allegations Against Arnold Matter?

Law Professor and Political Analyst Susan Estrich writes in her LA Times column today that the groping allegations against Arnold are (1) no big deal (2) come too late to make a difference (3) amount to a dirty tricks campaign and (4) should not have been published by the LA Times.

As a professor of sex discrimination law for two decades and an expert on sexual harassment, I certainly don't condone the unwanted touching of women that was apparently involved here. But these acts do not appear to constitute any crime, such as rape or sodomy or even assault or battery. As for civil law, sexual harassment requires more than a single case of unwelcome touching; there must be either a threat or promise of sex in exchange for a job benefit or demotion, or the hostile environment must be severe and pervasive.

But none of these women, as The Times emphasizes, ever came forward to complain. The newspaper went looking for them, and then waited until five days before the election to tell the fragments of the story. What this story accomplishes is less an attack on Schwarzenegger than a smear on the press. It reaffirms everything that's wrong with the political process. Anonymous charges from years ago made in the closing days of a campaign undermine fair politics.

...Is this the worst they could come up with? Ho-hum.

We agree with her on the first three. We have no problem though with the Times reporting it - let the people decide. For the other side, go over and read one of our favorite writers, Jeanne D'Arc at Body and Soul.

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