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Evening Legal Briefs

[Oct 15, 2012, 8:16 pm ET] - Share - Viewing Comments

Inmate sues over the 'right' to read Facebook from prison. Thanks HARDOCP.

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Re: Evening Legal Briefs

Oct 15, 2012, 21:42

Agent.X7

Scheherazade wrote on Oct 15, 2012, 20:35:
You may want to read the article...

He was not suing for the right to sit at a computer and facebook all day.

He just didn't want his incoming personal paper mail turned back (censored) - simply on the grounds that it contained a print out from a social media page.

The issue is whether or not the prison system can deny him the ability to communicate - which is a 1st amendment issue.

The state government already makes too many exceptions on what you can or can't say - given that the constitution allows you to say everything and anything - and no law can legitimately trump the "highest" law of the nation.

In case you're wondering, here's the actual law :
"
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
"
It lists no exceptions.

If you take notice, there are other clauses in there that are commonly violated by the state government. Eg. You need no permit to peaceably assemble.

-scheherazade

He's a prisoner. He has no right to assemble, limited rights to free speech and religion, no right to bear arms, etc. Why? Because HE IS A PRISONER. The legal view is that he willingly accepted as a consequence of his actions that certain rights will be suspended and/ or revoked. It's also what happens if you denounce your citizenship.

The constitution provides clarification of the rights we are all naturally granted, but does not protect you from yourself. If you CHOOSE to give up your rights (such as you do by committing a crime that you know entails imprisonment) YOU gave up certain rights.




Seven Star Gaming - Sayre, PA

Subject

Comment [quote="Agent.X7"Oct 15, 2012, 21:42][quote="Scheherazade"Oct 15, 2012, 20:35]You may want to read the article... He was not suing for the right to sit at a computer and facebook all day. He just didn't want his incoming personal b[paper]b mail turned back (censored) - simply on the grounds that it contained a print out from a social media page. The issue is whether or not the prison system can deny him the ability to communicate - which is a 1st amendment issue. The state government already makes too many exceptions on what you can or can't say - given that the constitution allows you to say everything and anything - and no law can legitimately trump the "highest" law of the nation. In case you're wondering, here's the actual law : " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; b[or abridging the freedom of speech]b, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. " It lists no exceptions. If you take notice, there are other clauses in there that are commonly violated by the state government. Eg. You need no permit to peaceably assemble. -scheherazade [/quote] He's a prisoner. He has no right to assemble, limited rights to free speech and religion, no right to bear arms, etc. Why? Because HE IS A PRISONER. The legal view is that he willingly accepted as a consequence of his actions that certain rights will be suspended and/ or revoked. It's also what happens if you denounce your citizenship. The constitution provides clarification of the rights we are all naturally granted, but does not protect you from yourself. If you CHOOSE to give up your rights (such as you do by committing a crime that you know entails imprisonment) YOU gave up certain rights. [/quote]

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