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Seventh Circuit Review

Journal

2009

First Amendment

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Full-Text Articles in Law

Dobbey V. Illinois Department Of Corrections: A Small Piece Of A Growing Policy Puzzle, Ashley M. Belich Sep 2009

Dobbey V. Illinois Department Of Corrections: A Small Piece Of A Growing Policy Puzzle, Ashley M. Belich

Seventh Circuit Review

The First Amendment right to petition is deeply intertwined with the other liberties offered by the Bill of Rights. However, the right to petition is still rarely analyzed in the legal world. This already difficult topic has become even more muddled in the prison system. Although the Prison Litigation Reform Act sought both to help prisoners and reduce the abundance of inmate lawsuits, inmate grievance processes actually suffocate the right to petition in prisons, sometimes going so far as to create a culture that offers barely any First Amendment protection. The Seventh Circuit's decision in Dobbey v. Illinois Dept. of …


Prisoners And Public Employees: Bridges To A New Future In Prisoners' Free Speech Retaliation Claims, Matthew D. Rose Sep 2009

Prisoners And Public Employees: Bridges To A New Future In Prisoners' Free Speech Retaliation Claims, Matthew D. Rose

Seventh Circuit Review

In Bridges v. Gilbert, the Seventh Circuit considered the question of whether prisoners' free speech, like the free speech of public employees, must involve a matter of public concern to receive First Amendment protection against governmental retaliation. Instead of holding that a prisoner's speech must involve a matter of public concern, the Seventh Circuit drew on the Supreme Court's unexamined and indeterminate test in Pell v. Procunier to hold that prisoners retained those free speech rights not inconsistent with their status as a prisoner or the legitimate penological objectives of the corrections system. This Comment traces the evolution of …