Right to Communicate

Those incarcerated for murder, i.e.   permanently, have no right to communicate with anyone besides a lawyer in his official capacity, and other permanent inmates.   No one has a right to communicate with a convicted murderer, and in general such communication is forbidden. No one currently incarcerated has a right to privacy or anonymity in communications.   Aside from these exceptions, the following apply universally.

No law can interfere in the content of communications of any sort, regardless of audience and technology, except according to contractual obligations, and as restricted by the § Criminal Incitement Prohibition and § False Incitement Prohibition, in § Libel, in § Right to Secrecy, in § State Secrets, and as set forth below under § Radio Broadcast.

No law can forbid enterprise in systems and technologies which provide for anonymous speech or communication, or differentiate them legally from systems and technologies that do not provide for anonymous speech or communication.

No law can forbid enterprise in systems and technologies which facilitate the detection, reception, decoding, and/or presentation of electromagnetic (including optical), acoustical, mechanical, or other signals, or differentiate them legally from systems and technologies that do not provide for such detection, reception, decoding, and/or presentation.

No law can interfere with enterprise in communications systems which do not consume contentious resources, except for zoning and environmental law as explained below.   Specifically, the state must not involve itself in the private design and deployment of cabled or directed-beam communications.   This freedom must not be construed to imply unrestricted freedom to build towers and beam injurious radiation; that is, zoning law and environmental law regulate in practice certain techniques of otherwise non-contentious communications.

It is unlawful to deliberately sabotage the free expression of another through any means, for example by shouting or through RF interference.   Furthermore, such interference through negligence must be immediately ceased upon notification and request, and repetition of the interference under similar circumstances is construed as deliberate.

No law can interfere with the right of private citizens, not otherwise bound by contract, to communicate and associate freely with all people of the world, or to refrain from communication and association.

People not able to set up telecommunications access by reason of temporary incarceration must be supplied with the means of connectivity, as a shared resource in common areas, and personal equipment if so desired; for personal equipment, the incarcerated individual must pay for the service directly.   The cost of common-area communications equipment, like all costs in all prisons, are covered by the inmates either by direct payment or through the assumption of debt.



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This is a preliminary draft. Pending changes are in The To-Do List