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Thread: California Court upholds a man's rights.........

  1. #1
    Regular Member EMNofSeattle's Avatar
    Join Date
    Aug 2012
    S. Kitsap, Washington state

    California Court upholds a man's rights.........

    To werewolf erotica while serving hard time in Pelican Bay.

    to recap, prison guards confiscate a book that's a little NSFW, inmate sues (with lawyers being paid by the state of course) and gets his rights affirmed....,6103228.story
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

    NRA Member

  2. #2
    Join Date
    Jan 2012
    earth's crust
    Justice James Richman wrote. “Women are portrayed as frequently aggressive, always willing, and seemingly insatiable. Men are portrayed as frequently demanding, always ready, and seemingly inexhaustible.”

    Ya know the judge did not read the book because of this case .. he read it before

  3. #3
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    North Chesterfield VA
    A long, long time ago SCOTUS ruled in a number of cases that prisons could restrict erotica (as well as outright pornography) if its presence in the facility could be shown to have a negative impact on security and the orderely operation of the facility. (Pretty close paraphrasing of the essential comments.)

    Basically, if porn could be passed around and used to reward/control behavior (join a gang and read porn, shank someone and get pictures, etc.) then the prison had a legitimate reason for controlling/prohibitting it. Pelican Bay is what the system I worked in would call a Level 5 facility - supermax segregation with little if any contact between one inmate and another. The possibility of passing any contraband between one inmate and another (without the complicity of staff) is small to none.

    When you get locked up you lose certain liberties - like the liberty to come and go at your own pleasure, your liberty to live where you want to, your liberty to choose your own clothes, and the like. Unless your choice of literature involves plans/descriptions on how to make weapons or escape tools, or would incite other prisoners if passed among them, or similar dangers an inmate does not lose his right to have literature to help enhance his fantasy life.

    The question never should have come up, and once it did it should not have taken 2 years to get resolved.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"

  4. #4
    Regular Member Elm Creek Smith's Avatar
    Join Date
    Mar 2013
    In the county.
    Quote Originally Posted by skidmark View Post
    When you get locked up you lose certain liberties - like the liberty to come and go at your own pleasure,...
    When discussing this case, you might want to refer to that as: " the liberty to arrive and depart...," especially if you're talking about " your own pleasure,..."

    "If the truth hurts, it should." - Dad

    " A year from now, ten, they'll swing back to the belief that they can make people... better. And I do not hold to that. So no more running. I aim to misbehave." - Malcolm Reynolds, Serenity

    "The cheaper the crook, the gaudier the patter." - Sam Spade, The Maltese Falcon

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