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Law Discussion

Judge protects defendant's Web site
Discussion By: J.C (Apprentice Knight)
Rating: starstarstarstarstar
07-27-04 @ 6:30 pm EST


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Judge protects defendant's Web site

A federal judge has said a criminal defendant charged with possessing 1,000 kilograms of marijuana can keep his Web site.

Federal prosecutors wanted U.S. District Judge Myron Thompson to order defendant Leon Carmichael to delete CarmichaelCase.com, which asks for information about informants the government allegedly used in the case.

In a pair of rulings last week, Thompson said that the prosecution's request amounted to unconstitutional prior restraint in violation of the First Amendment. The Web site is not a threat or harassment, Thompson said, and "the government has not made its case that the protective order it seeks is warranted."

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  Prisoner websites are ok, within limits   
  By: R. Mullen (Plant Food)
at: 08-18-04 @ 8:13 pm EST
 
 
Prisoners are the most highly isolated population in the United States. Yet, they are the ones in most need of competent legal services, and services related to their rights under the Constitution. Innocence projects, pro bono legal service providers and other attorneys survive in large part due to their access to the internet.

The Prison Services Project exists to assist prisoners find competent legal services, and we intend to publish prisoner websites under the following conditions:

1. The primary purpose of the website is to request assistance from lawyers, it is not a pen pal or dating service.
2. The prisoner does not own the website, it is owned and published by Litigation Data Services.
3. The prisoner does not have direct access to the website and does not control editorial decisions.
4. The public does not have direct access to the website, lawyers and legal service providers must register
5. Prisoner names and detailed case descriptions are not accessible outside of the password protected-domain
6. Every effort is made to preserve attorney-client confidence.

With these precautions in mind, we do not expect ANY governmental interference with our business, --which is to protect the rights of prisoners and their families to obtain legal assistance. While it is a fair compromise to limit or deny interactive access to the internet, it does not follow that prisoner web sites should be censored any more than any other website. It is a clear violation of the First and Eigth Amendments to deny prisoners, their attorneys, or legal service providers the right to publish, or request publication of, legal websites.

 
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