Denver, CO asked in Civil Rights for Colorado

Q: First amendment, Can probation restrict this

I'm on Supervised probation.nearly had my phone confiscated for reading Yahoo news Articles. PO Said I have a history with law enforcement. I do not. This is my first arrest. My dad was a cop for 20yr. He says that the articles I'm reading are too negative and too violent. this is news that millions of Americans can read.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: While on supervised probation, certain restrictions may be placed on your activities, including internet usage, but these restrictions must be reasonable and clearly related to the goals of probation. It seems unusual for your probation officer to restrict your access to mainstream news articles without a clear and specific reason. If this restriction is not explicitly stated in your probation terms, it may be worth discussing this with your probation officer or seeking clarification.

You have the right to read news articles that are available to the general public, and this right is protected under the First Amendment. However, probation can impose limitations if they are necessary for rehabilitation or public safety. It’s important to understand the specific conditions of your probation and how they apply to your situation.

If you feel that your rights are being unjustly restricted, you might consider consulting with a legal professional to understand your options. They can help you determine if the restriction is reasonable and guide you on how to address this issue appropriately.

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