Skip to main content

The most incomprehensible breach of the First Amendment in the US justice system

From time to time you hear of cases in the United States where someone is accused of some kind of wrongdoing against a government official, usually a police officer, such as assaulting him or other such crimes, and the accused accepts a plea agreement from the prosecutor that reduces the sentence (for example from jailtime to just community service and a fine), and this plea agreement has several stipulations.

Sometimes these stipulations include the defendant having to write an apology letter to the police officer, and usually this stipulation is agreed and enforced by the judge.

This is absolutely incomprehensible and it genuinely baffles my mind.

That's because this is a textbook breach of the freedom of speech guaranteed by the First Amendment. It's a breach of that guarantee because it's compelled speech: In other words, forcing someone to say (or in this case write) something at the threat of more severe punishment if he refuses.

And this is indeed a genuine textbook case because it's the government forcing a citizen to engage in compelled speech at the threat of legal punishment. There are no ifs, buts or maybes: This is a direct constitutional violation. And it happens all the time!

This is absolutely astonishing. I honestly cannot comprehend how the Supreme Court of the United States has not put a stop to this. It's such an obvious, blatant and egregious breach of the Constitution. This is precisely what the SCotUS exists for! To stop such things from happening!

Comments