July 2009

Not so fast

l3wis July 27, 2009 2Comments

As I suspected, your constitutional rights CAN be suspended when you are convicted of a felony. Judge Delaney explains his sentence and first amendment rights in the Newland case;

The advocacy ban was an infringement on Newland’s First Amendment rights. Delaney doesn’t deny that. But neither does he consider it more onerous or any less appropriate than many other infringements imposed as part of felony sentences.

The random searches Newland faces in the next year would be violations of his constitutional rights, but for the felony plea. Felons can face otherwise unconstitutional firearms restrictions and the right to associate with certain people or go to certain establishments, Delaney said.

“We restrict speech as well in a lot of protection orders, or in divorces, where in some cases the parties’ freedom to speak to one another may be limited,” he said

I don’t agree with limiting someone’s free speech, BUT, the judge makes a good point, felons often have many rights limited when they are on probation. It would be much worse for Bob if he was sitting in jail.