Blogger’s Incarceration Raises First Amendment Questions

Re:Blogger’s Incarceration Raises First Amendment Questions by anonymouscowar1 on Saturday January 11, 2014 @11:24PM (#7045136)

Oh, this guy is an asshole, and what he writes definitely falls into a defamation and slander. The First amendment doesn't protect this kind of speech.

The problem isn't that he's being punished by the courts, it's that he's seeing indefinite jail time just for opening his mouth. There is a crime here, but the punishment doesn't fit it.

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Re:Blogger’s Incarceration Raises First Amendment Questions by eli on Saturday January 11, 2014 @11:32PM (#7045159)

Err, I don't think defamation or slander are criminal

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Re:Blogger’s Incarceration Raises First Amendment Questions by Tuna-Fish on Sunday January 12, 2014 @12:24AM (#7045253)

They are not criminal, but it's possible to get a court order that says "cut it out", and failing to comply with that does lead to penalties such as being held in contempt.

If they believe that the order is flawed, the correct way to go forward is to still comply, then raise the case in a higher court. Not complying only means that the judge can hold him in jail for the rest of his life if he chooses to, without any impropriety.

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Re:Blogger’s Incarceration Raises First Amendment Questions by xarball on Saturday January 11, 2014 @11:47PM (#7045189)

Agreed, I'm pretty sure those fall under civil court?

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Re:Blogger’s Incarceration Raises First Amendment Questions by AmVess on Sunday January 12, 2014 @04:06AM (#7045598)

Criminal contempt of court can take place during a civil or criminal trial.

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