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Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials
by Richard Resch
In its opinion issued on May 9, 2018, the U.S. Circuit Court of Appeals for the Second Circuit held that a prisoner has a First Amendment right not to serve as a prison informant. However, since that right was not clearly established at the time …
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More from this issue:
- Dallas County Private Bail Hearings Leave People Languishing Behind Bars, by Kevin Bliss
- New App Makes It Simple for Civilians to Record Police Encounters
- Sex Offender Registration Biased Against Blacks, by Kevin Bliss
- Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional, by Dale Chappell
- $384 Million Paid Out by New York City in Last Five Years for Police Misconduct, by Derek Gilna
- ACLU Report: A Tale of Two NYCs When It Comes to Policing, by Derek Gilna
- Fourth Circuit Affirms District Court Ruling that Man Committed as ‘Sexually Dangerous’ Should be Released, by Christopher Zoukis
- Increase in Crime Registries Nationwide Not a Benefit to Society, by Kevin Bliss
- Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim, by Matthew Clarke
- Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’, by Christopher Zoukis
- Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go, by Dale Chappell
- FBI Admits Vastly Inflating Number of Unsearchable Mobile Devices
- Oklahoma’s Railroading its Citizens into Prison, by Edward Lyon
- Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials, by Richard Resch
- Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App, by Betty Nelander
- Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion, by Dale Chappell
- Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell, by Mark Wilson
- Orlando Police Continue to Test Amazon’s Facial Recognition Software Despite Privacy Concerns
- Pennsylvania State Senator Sends the Cops to Collect on Overdue Trash Bills Owed to His Company, by Christopher Zoukis
- Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions, by Dale Chappell
- First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines, by David Reutter
- Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit, by Shawn Musgrave, Brooke Williams
- Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief, by Richard Resch
- Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination, by Christopher Zoukis
- Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional, by Richard Resch
- Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity, by David Reutter
- Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case, by Christopher Zoukis
- New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule, by Dale Chappell
- Three Reasons Why the Supreme Court Should Eliminate the Doctrine of Qualified Immunity, by Christopher Zoukis
- Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations, by Christopher Zoukis
- California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial, by Kevin Bliss
- Warning: Integrity of Judicial Process at Risk, by Sandy Rozek
- Kentucky Supreme Court Declares Law Defining Intellectual Disability Unconstitutional, Overturns Death Sentence, by Dale Chappell
- Is Blue Privilege at Work in Texas Police Killings?, by Betty Nelander
- Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor, by Dale Chappell
- Habeas Hints: Evaluating and Initiating IAC Claims, by Kent Russell, Tara Hoveland
- Should the Minimum Age for the Death Penalty be Bumped Up to 21?
- Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search, by Dale Chappell
- Free at Last! California Modifies Its Felony Murder Law, Helping up to 800 Prisoners Currently Serving Life Sentences, by Edward Lyon
- Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used, by Christopher Zoukis
- News in Brief
- Eyewitness (Mis)Identification in the Criminal Justice System: Powerful, Persuasive, and Problematic, by Christopher Zoukis
More from Richard Resch:
- Barred Before the Merits: A Federal Prisoner’s Guide to Federal Habeas Relief, Oct. 15, 2026
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026
- Massachusetts Supreme Judicial Court Announces Postconviction Forensic Testing Statute Permits Digital Forensic Analysis of Cellphones, Holding Chapter 278A Not Limited to Tangible Evidence Testable for Biological Material, Aug. 1, 2026
- Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026
- New Mexico Supreme Court Announces Article II, Section 10 Exclusionary Rule Governs Admissibility of Evidence Seized Outside State by Non-New Mexico Officers, Aug. 1, 2026
- Surveillance for Sale: The Data Broker Loophole and the Fourth Amendment After Chatrie, July 1, 2026
- Retroactive Guideline Amendments: The Narrow Path to a Federal Sentence Reduction, July 1, 2026
- SCOTUS Announces Accessing Google Location History Data Constitutes a Fourth Amendment Search, Holding That Neither Brief Duration Nor Third-Party Storage Negates Reasonable Expectation of Privacy in Cellphone Location Information, July 1, 2026
- Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026
- U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026
More from these topics:
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- HRDC Wins Injunction Against Minnesota DOC Policy Banning Its Publications, Sept. 1, 2026. Injunctions, Publications/Books, Censorship, First Amendment, rights, HRDC Litigation.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026. Sovereign Immunity, Religious Practices, Religious Property, First Amendment, rights, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- HRDC Wins Injunction to Halt New Mexico Prison Censorship, July 1, 2026. Injunctions, Publications/Books, Censorship, First Amendment, rights, HRDC Litigation.
- Wisconsin Bans Recording of Prison Phone Calls with Journalists, July 1, 2026. Access to Media, Censorship, First Amendment, First Amendment, rights, Recorded Calls.
- Nebraska Lifts Suspension of Native American Religious Practices Hours Prior to Federal Court Hearing, June 1, 2026. Denial of Religious Services, Religious Practices, First Amendment, rights, Religious Freedom/Worship, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- California Pays $15,000 to State Prisoner Who Claimed He Was Targeted by Guards, June 1, 2026. Guard Misconduct, Snitch Jacketing, Failure to Protect (General), Summary Judgment, Settlements.
- Illinois Jail Reprimanded for Denying Detainees Mail Based on Media Content, P.O. Box Return Address, Settles Detainees’ Suit with $111,825 Payment of Legal Fees, May 1, 2026. Publications/Books, Mail Regulations, Censorship, First Amendment, rights, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- Records Show Culture of Impunity Among Kentucky Prison Guards, May 1, 2026. Guard Misconduct, Snitch Jacketing, Whistleblowing, Evidence - Admissibility.





