Malarik v. Pennsylvania Board of Probation & Parole

OPINION BY

Judge BUTLER.

James M. Malarik (Malarik) petitions for review of the November 29, 2010 order of the Pennsylvania Board of Probation and Parole (Board) affirming the revocation of his parole. The issues before this Court are: (1) whether the Board’s revocation of Malarik’s parole for violation of condition 5(c) violated his constitutional right to free speech; and (2) whether the Board erred by finding that the handwriting and mailing of a letter soliciting donations for the purpose of kidnapping and executing Judge C. Gus Kwidis (Judge Kwidis) of the Court of Common Pleas of Beaver…