Risdal v. State

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 few people would believe. Moreover the writings were those of a prisoner whose first amendment rights, though not extinguished, were…