Plea-Bargaining Away One's First Amendment Rights
jr167163e at mail1.umt.edu
Mon Nov 28 13:12:10 PST 2005
There is a difference between agreeing not to sue and agreeing to remain silent. The release of claims or agreement not to sue may be incorporated into a plea bargain. See Town of Newton v. Rumery, 480 US 386. Even then, the government must satisfy the Rumery criteria.
The requirement of silence is different. For starters, how would the government enforce it? Second, what is the objective public policy interest?
Prof. Jeffrey T. Renz
School of Law
The University of Montana
Missoula, Montana 59812
jeff.renz at umontana.edu
-------------- next part --------------
An HTML attachment was scrubbed...
More information about the Conlawprof