Demery v. Arpaio.U.S. Appeals Court PRIVACY PUNISHMENT Demery v. Arpaio, 378 F.3d 1020 (9th Cir. 2004). Pretrial pre·tri·al n. A proceeding held before an official trial, especially to clarify points of law and facts. adj. 1. Of or relating to a pretrial. 2. detainees brought an action seeking a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. to prevent a county sheriff from continuing to use world-wide web (World-Wide Web, networking, hypertext) World-Wide Web - (WWW, W3, The Web) An Internet client-server hypertext distributed information retrieval system which originated from the CERN High-Energy Physics laboratories in Geneva, Switzerland. cameras, or "webcams," to broadcast live images of the pretrial detainees on the Internet. The district court granted the request for an injunction and the sheriff appealed. The appeals court affirmed, finding that the use of webcams Use of webcams at work and home has become a world wide web cultural revolution or change in how we communicate to each other. It can be broken down into positve, negative, freedom of expresssion or speech and what the future of webcam internet technology may hold. constituted punishment prior to adjudication The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. of guilt, in violation of the due process clause. According to the court, the detainees were harmed by having every moment of their daily activities exposed to general and world-wide scrutiny, notwithstanding the sheriffs claim that the webcams served purposes of deterrence and public scrutiny. The appeals court held that the grant of the injunction did not violate the sheriffs First Amendment free speech rights, where the webcam transmissions were not the sheriffs personal communications, but rather constituted governmental speech since the sheriff could not have obtained or transmitted the images absent his official position. The court noted that improving jail security was not a legitimate alternative purpose for the webcams. (Maricopa County Madison Street Jail, Arizona) |
|
||||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion