RISDAL v. STATE

No. 96-452.

573 N.W.2d 261 (1998)

Eddie C. RISDAL, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

January 21, 1998.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Forrest Guddall, Assistant Attorney General, for appellant.

Peter W. Hansen of Hildreth & Hansen, Burlington, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and SNELL, JJ.


HARRIS, Justice.

The issue in this first amendment case comes down to whether a prisoner can be punished for writing statements—highly likely scurrilous ones—under the prison rule prohibiting verbal abuse. The district court concluded the prisoner's constitutional rights were violated. We granted further review from a court of appeals decision reversing the district court.

As with many free speech claims, this one revolves around offensive remarks...

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