[bradleyjg]

I agree that Smith v. Maryland, 442 U.S. 735 (1979) and its progeny are not great, and it's possible, though unlikely, that the Supreme Court will eventually revisit the issue. But Levison's actions in no way helped make that any more likely. On the contrary he completely failed to preserve the issue. His mistakes were in large part due to the repeated efforts to act as his own attorney. I'm sympathetic regarding the high cost of legal representation but he could have at least tried to reach out to one of the fairly well funded public groups that do work in this area early on.