Plea-Bargaining Away One's First Amendment Rights

[Jeff Renz]

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
1-406-243-5127
jeff.renz at umontana.edu
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