this post was submitted on 10 Dec 2024
178 points (96.4% liked)

No Stupid Questions

36172 readers
535 users here now

No such thing. Ask away!

!nostupidquestions is a community dedicated to being helpful and answering each others' questions on various topics.

The rules for posting and commenting, besides the rules defined here for lemmy.world, are as follows:

Rules (interactive)


Rule 1- All posts must be legitimate questions. All post titles must include a question.

All posts must be legitimate questions, and all post titles must include a question. Questions that are joke or trolling questions, memes, song lyrics as title, etc. are not allowed here. See Rule 6 for all exceptions.



Rule 2- Your question subject cannot be illegal or NSFW material.

Your question subject cannot be illegal or NSFW material. You will be warned first, banned second.



Rule 3- Do not seek mental, medical and professional help here.

Do not seek mental, medical and professional help here. Breaking this rule will not get you or your post removed, but it will put you at risk, and possibly in danger.



Rule 4- No self promotion or upvote-farming of any kind.

That's it.



Rule 5- No baiting or sealioning or promoting an agenda.

Questions which, instead of being of an innocuous nature, are specifically intended (based on reports and in the opinion of our crack moderation team) to bait users into ideological wars on charged political topics will be removed and the authors warned - or banned - depending on severity.



Rule 6- Regarding META posts and joke questions.

Provided it is about the community itself, you may post non-question posts using the [META] tag on your post title.

On fridays, you are allowed to post meme and troll questions, on the condition that it's in text format only, and conforms with our other rules. These posts MUST include the [NSQ Friday] tag in their title.

If you post a serious question on friday and are looking only for legitimate answers, then please include the [Serious] tag on your post. Irrelevant replies will then be removed by moderators.



Rule 7- You can't intentionally annoy, mock, or harass other members.

If you intentionally annoy, mock, harass, or discriminate against any individual member, you will be removed.

Likewise, if you are a member, sympathiser or a resemblant of a movement that is known to largely hate, mock, discriminate against, and/or want to take lives of a group of people, and you were provably vocal about your hate, then you will be banned on sight.



Rule 8- All comments should try to stay relevant to their parent content.



Rule 9- Reposts from other platforms are not allowed.

Let everyone have their own content.



Rule 10- Majority of bots aren't allowed to participate here.



Credits

Our breathtaking icon was bestowed upon us by @Cevilia!

The greatest banner of all time: by @TheOneWithTheHair!

founded 2 years ago
MODERATORS
 

All I've been able to find are cherry picked words and sentences the police tell the press in both's attempts to spin it for their narratives.

Is it foolish to hope the public will get to read it in its relative entirety (a word or a name redacted is understandable, not entire paragraphs) in less than years or decades?

Legal process is a blindspot for me, I don't know what they're able to have as evidence that they can also keep from the public eye if they wish.

you are viewing a single comment's thread
view the rest of the comments
[–] givesomefucks@lemmy.world 8 points 2 weeks ago* (last edited 2 weeks ago) (8 children)

It's not like the guys dead, or old.

He's 26, and they'll almost definitely say it's terrorism linked, so 20 to life in NY.

He could be out before he's 50 even if he loses.

Guy is from a very wealthy family and has access to the best lawyers. I wouldn't be surprised if he's bailed out even. It's a thing in NY for murder charges, and sometimes there's not even bail, you get out but up $0, even for murder.

This guy wasn't a mass shooter, he walked right past witnesses, but most importantly rich as fuck.

We'll know what's in it, because he can just tell us even if the cops keep it.

[–] Allonzee@lemmy.world 8 points 2 weeks ago* (last edited 2 weeks ago) (3 children)

Can he talk to the public while in custody? Is that a right that he has or are there legal mechanisms to keep him segregated from making any public statements if they don't like what he wants to say?

[–] litchralee@sh.itjust.works 19 points 2 weeks ago* (last edited 2 weeks ago) (2 children)

There are a number of rights which are curtailed when in custody -- whether pre-trial or as part of a sentence -- but even under the appalling incarceration standards in the USA, the right to free speech is not something which is substantially limited while in custody, barring some very particular circumstances.

A defendant in jail awaiting trial has not, by definition, been convicted of any wrongdoing. So for pre-trial detention -- where the purpose is to assure that the defendant won't skip court -- the only cognizable reason to curtail the defendant's speech (either by mail, phone, or in-person) would be for jailhouse security reasons, as noted by various court rulings. The ACLU has litigated cases where prisons -- ie post-conviction detention -- violation the prisoners' rights, so no doubt that pre-trial defendants in a jail would preserve more rights.

An example where free speech continued even while serving a sentence is when the Menendez Brothers gave a phone interview from a California prison, as part of a new documentary on the 1989 murders they were convicted of, now under scrutiny.

On the flip side, there are times when a defendant must have some speech curtailed prior to trial, even if they're not in jail. Sam Bankman-Fried comes to mind, who was ordered pre-trial to not communicate with employees of his exchange (unless all lawyers are present) as the judge agreed with prosecutors that he could try to manipulate them into lying to the feds. At the time, he wasn't in jail, but rather was at home under house arrest.

What would be outrageous in that case was if the order on Bankman-Fried was more sweeping, such as being restricted from talking about his own case, for which he has a First Amendment right to do so. Only when his speech would unduly influence potential witnesses, potential jurors, or threaten the judicial process, is when the judge could impose additional controls on his speech.

Appropriately, the First Amendment rights must be jealously guarded, even for people we might not agree with, precisely because it also protects people we do agree with.

If Mangione wishes to recite the entirety of his manifesto from memory over the phone to a live TV audience, he probably can do so. The government would have a hard time claiming that the manifesto's mere recitation is somehow an incitement to violence or threatens the judges, jurors, lawyers, or the public.

[–] WoahWoah@lemmy.world 1 points 2 weeks ago

That it could be an incitement to violence is precisely what they will/have argue(d), I would guess.

load more comments (1 replies)
load more comments (1 replies)
load more comments (5 replies)