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Kevin Mitnick Appeals to Supreme Court
JIP
OSAll Staff
Kevin Mitnick´s attorneys have filed a petition for writ of certiorari. This petition, presented to the Supreme Court, asks that the stipulation that Mitnick not use any cellular or computer devices for three years violates his First Amendment rights. It also asks whether the stipulation that he be employed, combined with the stipulation he not use computers, ensures he will stay in prison.
On May 20, 1998, the Ninth Circuit Court of Appeals denied the petition saying that First Amendment rights were not violated. The writ, however, cites ACLU v. Reno, which states that as the "most participatory form of mass speech yet developed" the Internet is protected by the First Amendment.
The appeals court originally based its conclusion on a case where a motorcycle gang member was prohibited from joining any motorcycle group.
The Supreme Court has the option of whether to entertain the petition or not. If the petition is entertained Mitnick´s lawyers will go in front of the Supreme Court to plead their case.
The entire text of the petition can be found on OSAll.
Related Links:
Petition for Writ
Mitnick´s Real Life
Mitnick Sentencing Delayed Again
Mitnick Sentencing Delayed
Mitnick Books
FreeKevin
OSAll BBSystem
Attrition.org
Mitnick Speaks (Forbes - new window)
Mitnick´s LA Charges Dropped (MSNBC - new window)
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