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Considering To Make A Petition Involving Freedom To Religion

Discussion in 'Constitutional Law & Civil Rights' started by David Robert Quigley, May 22, 2021.

  1. David Robert Quigley

    David Robert Quigley Law Topic Starter New Member

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    Jurisdiction:
    US Federal Law
    I have a question.

    I discovered a petition site that was advertised on facebook and I have considered a freedom that I do not know if is hindered but would be a great asset in our country.

    Are incarcerated individuals allowed to post the 10 commandments on their cell wall?

    My idea is that if they are allowed to, it may help the individual reform and do good no longer commiting crime.

    If they are not currently allowed to, would creating a petition make it possible for them to, and if so, who should I direct be the receiver of signed petition.

    Also instead of by state, can this be made legal federally?

    I do not have legal experience Im just pursuing this as a good deed contribution and my expected part in it would be to promote friends signing it by social media and submit the petition to whatever legal office could actually make it possible.

    Thank you for your time and help.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    It's not a matter of being allowed. They cannot, by federal law (and the first amendment), be prohibited from doing so or having access to any other religious material. This applies to state and local incarceration as well as federal.

    If you happen to run across a prison that prohibits such access, report it the US Department of Justice for investigation.

    See:

    Religious Land Use and Institutionalized Persons Act

    I'm not seeing where a petition is necessary since it's law. Provide a link to that site. Might be a scam.
     
    justblue likes this.
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    That will depend on the rules for the particular institution that houses the prisoner.

    The first step would be to approach the warden or whomever oversees the prison to seek a change allowing the person to post it.

    If the prison still won't allow it and does not have a compelling reason for why it is denying the prisoner the right to put that on the cell wall then the next step is to see a civil rights attorney about suing the prison to get an injunction against the prison.


    A petition is not really needed here because the First Amendment gives everyone, including prisoners, the right to practice their religion without government interference. While a prison may deny certain requests for religious practice based on safety, etc., that state interest will have be compelling to override the prisoner's religious rights.
     
  4. David Robert Quigley

    David Robert Quigley Law Topic Starter New Member

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    Thank you for your replies, I am prouder to be a USA citizen because of your responses and the freedoms
     
  5. zddoodah

    zddoodah Well-Known Member

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    Probably, but that's up to the warden and prison staff (although any prohibition would be subject to a First Amendment challenge).

    No. Petitions are occasionally effective in politics and, rarely, in keeping a TV show from being cancelled.
     

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