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To: morphing libertarian
And in my reply I cite two examples where petitions to political branches are also limited.

What you and LurkingLibertarian are missing is an explicit provision in both the Bill of Rights and in the Fourteenth Amendment which says that no one "may be deprived of Life, Liberty or Property without Due Process." The clear contrapositive of that statement is that anyone may be deprived of life, liberty or property after due process. You lose your 2nd, 3rd, 4th, and some of your 5th, 6th, and 1st Amendment rights as an administrative result of incarceration. You may lose additional rights -- including First Amendment rights as a result of statutory penalties explicit in your sentence, or in the general circumstances spelled out in the criminal or US code.

It is a mistaken belief of libertarians and criminal defense attorneys that prisoners retain certain Constitutional rights which can never be revoked. No court has ever ruled that. The closest they've come is in saying that restrictions on habeas have to be very closely guarded. The quote given in the Kentucky circuit case by LurkingLibertarian is Obiter Dicta of an Appeals Court ruling, and is neither case law, nor the decision of the Supreme Court of the United States. It's wishful thinking on the part of prisoners' rights advocates to believe otherwise.

46 posted on 10/22/2014 4:28:03 PM PDT by FredZarguna (His first name is 'Unarmed,' and his given middle name is 'Teenager.')
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To: FredZarguna

Not sure who all believes what you said in the second para. I dont. Of course things like searches are at the discretion of correctional officials even for parolees. One example.

I mentioned the first amendment and gave an examples of what is and what is not restricted citing the standard courts have established.

Don’t think much in conflict here.


47 posted on 10/22/2014 4:37:11 PM PDT by morphing libertarian
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