Feature: Censorship in South Dakota -- Marijuana Activist Silenced By Judge as Condition of Probation

He doesn't need to publicly argue for marijuana law reform, and for that matter anyone else interested in changing the laws should not argue that either. What we are fighting is the ridiculous notion that prohibition works. It doesn't, and deep down even most of the people supporting it know this; sadly, they are frozen in place by a misplaced fear of the unknown.

You might argue that if we don't have laws against these drugs, then won't more people start dying? Sounds logical, but as our new drug czar has already pointed out: it is the "illegal use" of legal prescription drugs which is now devastating the youth in our country. Nobody ever had kidney failure or died from using marijuana--unlike Michael Jackson, Heath Ledger and countless others who have fallen victim to the side-effects of modern pharmaceuticals.

What we need are public officials that are open, honest and--most importantly--accountable for their actions. Then, perhaps someday, it will actually be as our President once dreamed: "Under my administration, the days of science taking a back seat to ideology are over."

Judge John J. Delaney

Box 230

ZIP 57709

(O) 394-2571 (H) 341-4003

E-mail: [email protected]

Bob
Start filing grievances with/through the parole/probation office for a First Amendment Violation.

Since you are "in custody" albeit a low level. You have the right to complain about your conditions(even unduly) in corespondence= Letter to editor, etc.

Example: I cant consume cannabis because I gotta take UA's all of the time

Ref: Thornburgh v. Abbott,490 U.S. 401,413-14, 109 S.Ct. 1874 (1989): Procunier v. Martinez, 416 U.S. 396, 413-14,94 S.Ct.1800 (1974): Martucci v, Johnson.944 F.2d. 291,295-96(6th Cir. 1991)

Can you throw the area code in that last post so me and my friends can call this so called fair and impartial judge. this is a gross violation of this mans constitutional rights, this is the kind of thing that officials in communist china do to quell decent.

As a Minnesotan currently trapped in South Dakota due to work obligations this doesn't surprise me in the least. I am 24 years old, work a full time office job, and use cannabis every day after work. It has never had a negative impact on any aspect of my professional or personal life, unlike alcohol. When you mention marijuana to the people around here they look at you like you've just uttered every profanity known to man. The police officers around here are extremely aggressive, as there is not much serious crime and they are bored. Their main focus is searching your car and person for drugs, because a drug bust, even a minor one, usually makes the news. Not all, but many of the people around here are extremely backwards and conservative. Most people here are entirely uneducated on the issue, and still subscribe to the "reefer madness" school of thought. Marijuana use is seen as a serious offense. Had this man not been a public figure in the struggle, they would have thrown the book at him. I have no doubt that when the changes come, which they will, South Dakota will be fighting it tooth and nail. I suppose I shouldn't slam SD so much as the MN governor just vetoed our compassion bill against the will of the Minnesotan people. It's funny how drug policy, specifically marijuana policy, is the only thing completely barred from even being discussed or looked at objectively in politics. They refuse to acknowledge facts and continue to spew lies and rhetoric reminiscent of Joseph McCarthy. Keep up the fight people!!!!!!!!!!

" because the constitution protects an inmates ( parole/probation is in custody) access to the courts,prison officials(one would infer probation/parole) may not retaliate against those who seek or obtain such access -whether the retaliation takes the form of withholding property or privleges does not matter" De Tomaso v, Mc Ginnis, 970 F.2d, 211,214 (7th Cir.1992) Specfic, Mcdaniel v,Rhodes, 512 F.Supp. 117,120 (S.D.Ohio 1981)(threats of adverse parole action)

Start exausting your remedies by filing your grievance and appeals. Be a pain in the ass Bob!

Plain And simple go out and speak. Thats your right. A lower court cannot overide the constitution. This is not the United States of Judge John Delaney.

Bob Newland Probation conditions are a clear & belligerent violation of his 1st amendment rights The judge that passed down this sentence needs to go take to 1st year law school And be removed from the bench This Is a case that should be taken up with the appeals court immediately AS the sentence is isuch clear violation of this mans constitutional rights i 1st grader could seit

and matthew, for a 24 y-o, u've definitely got something tween the ears ... Mr. Bob? if someone prints these comments b4 u go up-river; having been in similar straits, have empathy; agree w/ the position u r faced ... is those of us OUTSIDE which must carry on during ur absence ... hope the food is not as bad as is down in alabummer? ... TRY to obtain trustee status! will make ur stay MUCH less boreng .... need someone to mail u stamps, paper, envelopes ...

plus, advise against making "friends" while in -- w/ nothing to do to entertain, they will stab u in the back ... however, keeping eyes OPEN and writing letters to state's DPH ... ah, have done a world of good w/ that b4 ... somehow is meant to happen, u have to learn WHY

offasuhs are usually of the same economic status or worse than ur co-mates ... so beware of them ALSO!

volunteer for any job while in -- hopefully there will be BOOKS!

god bless, Mr. Bob,
deb in alabama

http://judgedelaney.com/

[email protected]

south dakota area code is 605

didn't he just suspend Bob Newland's 13th amendment rights and sell im into indentured servitude for the duration of his sentence/probation to recoup court and police costs. What an idiot. Stalin would have loved this guy.

Folks, let's get our head outta our keister and put on our thinking caps. Let's hit 'em where it hurts, in the wallet! No more trips to the Black Hills or the Badlands. Kiss off Wall Drug and say goodbye to Deadwood gaming; the run in Sturgis is history except for drunks & cops lookin' for trouble with outlaw bikers.

Let's let the fine folks in S.D. know that The People in the U.S. have moved ahead of Harry Anslinger's vision of the world and it's time the people in S.D. stopped pissing & moaning about cowboys and Indians.

Delaney. what a bias jerk. A true example of narrow minded bigotry in our judicial system. This guy should not even judge a pie eating contest at the county fair.

There are legal precedents for the gag order decision by South Dakota Judge John J. Delaney.  However, the precedents don’t occur in the United States.

In Hitler’s Germany, Nazi minister of propaganda, Joseph Goebbels, “believed that wartime propaganda must convince the largest possible segment of the population that every policy pursued by the government was correct and in the interests of the nation.  People must believe in the leadership even when the government cannot reveal its motives or purposes to the nation.  When propaganda achieved this goal, it had succeeded, for the leadership was free to act decisively without worrying about the moods and opinions of the nation.”

Wilfred von Oven, Mit Goebbels bis zum Ende, v. II, p. 14, Buenos Aires, 1949-50

1. The 45 days in the jug are a golden opportunity to lobby and instruct hundreds of prisoners-- not about cannabis, no, can't say that-- but against 2Wackgo (and don't forget those cigarette taxes pay crooked judges' salaries).

2. After release, go around SD campaigning against hot burning overdose nicotine cigarette addiction. Get informed about and legally advocate VAPORIZERS, E-CIGARETTES, and LONG-STEMMED ONE-HITTERS all exclusively from the standpoint of tobacco serving size reduction (destroys their profit margin!) without mentioning cannabis nary a bit. (Well, you have a right to refuse this assignment because that "industry" has ways and means for financing attacks on its adversaries even besides Judge Delaney.)

3. (As a "fine", if there be one) shell out for a computer if you don't have one already, and type hours every day on websites, forums etc. all over the world (except in SD) on behalf of cannabis law reform, and especially cannabis use methods reform (VAPORIZERS, E-CIGARETTES, LONG-STEMMED ONE-HITTERS-- every possible way of eliminating the hot burning overdose "joint", "spliff", "blunt" or any other device which causes health issues wrongly blamed on the cannabis and lures youngsters into the cigarette habit.

4. Raise some money and spend a sabbatical in Amsterdam running a non-smoking Vapouriser Clinic or Cafe where customers from around the world pay a modest flat fee for instruction and guidance in how to load and use a vapouriser, e-cigarette, etc.

5. Open a THC refining factory in BC, Mexico, Morocco, Lebanon, Afghanistan etc. loading liquid THC into E-CIGARETTE cartridges which can be shipped all over the world past the noses of drugsniff dogs to be used by fortunate owners of the ultimate cannabis serving technology, the e-cigarette with THC inside instead of nicotine.

"Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience."—John Locke, 1690

Dissatisfaction with the common-law restrictions on freedom of speech and the press was an important aspect of the burgeoning resentment of English rule and thereby played a major role in causing the American Revolution.

The Bill of Rights is written on the presumption that politicians WILL regularly violate peoples' rights, so much so, and so often, as to warrant a prohibition of same, not in some minor proviso, but in the fundamental law itself - hence, the founders thought enough to make this RIGHT numero uno:

Bill of Rights
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Congress knows better than to challenge this Right and has made no law attempting to abridge it, yet the Dishonorable Judge Delaney feels he can violate the supreme law of the land and create his own personal legislation from the bench.

In and of itself this is a crime against society just as much as if he had declared that the court could take your property...simply because he said so, or that the age of consent in South Dakota is now twelve.

I say let's go to war on this bum! I think were all getting sick and tired of judges circumventing our constutional process and just making up laws to suite their likeing.

The judge has given the reform movement a great reason to begin to pound the "s*&t" outta his state to bring reform aboard. This judge needs to see what the "will of the people" is really all about because he has given us cause to believe he hasn't a clue as to why he shows up at work every day. Bring all platforms on station. Fire for Effect. This is proof positive that there is a movement to abolish the Bill of Rights and the US Constitution itself. How long are you going to wait? How much do you really have to lose before you figure it out?

Every activist in the state and those adjoining, plus those who can easily travel need to converge on the state to teach them the real meaning of "compassion" as there doesn't seem to be any there at the moment.

Times like this make me wish I owned my own "Spectre!"

I live in Nebraska,which is just below South Dakota.These states have small cities and towns,and even fewer people.Their are no really large cities in S.Dakota.It's not to say that they don't see and hear about all the crime in New York,L.A.,Detroit,Chicago,ect.and they like it like that.I personally think the US should legallize it,but probably not for the reasons you do.I can't see overcrowding our prisons for pot dealing,when someone dealing meth,crack,coke,or herion could be occupy that cell.Quite frankly,prohibition doesn't work.The states and feds could tax,and regulate it.Thus releaving the tax burden on poor and working class Americans.I understand the judge wants kids in his state to be clean and sober,but what did the judge say in his own words,''Ninety-five percent of my chronic truants are using pot.''Well,judge there not gonna quit cause you want them too!The states could impose regulations,such as must be 21 to buy marijuana packs,like cigarettes,and have the states collect the taxes.The black market smuggling of marijuana,would dry up and cease.Thousands of jail cells would be opened,making room for the hard drug dealers.The taxpayers would benefit immensely,not paying for their housing,and they would be out of business.Because they couldn't compete with the quality of the federal marijuana.The billions of dollars that currently go to drug smugglers could go to prosecute hard drug dealers,prisons,and cut the deficit.If people want it,they'll get it legal or not. My real reason for even commenting was,I see this as a case that if it went to a higher court,would be overturned in a minute.Thus,costing the taxpayers more money,and I also see this as an infringment on his constitutional rights.Mr.Newland is not the issue here.But the judge's ruling is! I can't believe the ACLU,or lawyers all over S.Dakota or nationwide aren't jumping on this?I guess,I'll just have to wait and see if anyone in the legal system gives a damned.Wait and watch America,and you'll get an answer to your question.Is America still the''land of the free,and the home of the brave?

It's time to start yelling and stop ignoring. I don't smoke anything, but can't stand by and let some judge gut the Constitution. Email this jackass and tell him what you think. People in his state need to set up a recall drive. We the People need to take our ****ing country back.

How can the judge tell him not to protest or speak out the truth of marijuana?? Isn't that against the constitution?? I'd tell that judge to f*ck off and that until marijuana becomes legal I will not be silenced!

This could be Karma.I've always been dumbfounded by this anomaly in the Norml doctrine.Current administrations are doing anything and everything to go after advocates for marijuana reform.We often forget that to a lot of the public the objection to legalization is seen as some kind of holy war.We have to do a better job of informing a ideologically frightened public.The numbers are on our side and yet the majority is being preached to by a minority of very vocal and financially solid groups,including the united states government.As for the Norml stand,when marijuana was legalized in Canada,the government gave the job to some hack on the prairies.As a result the people with scripts were forced to purchase on the black market as the product being sent out was worse than the shake being dis guarded by local growers.Now,in the midst of the first real reform down south,Stephen Harper has a bill passed with the collusion of the Liberals,with mandatory minimums.

45 days and a year of probation without pot activism is a step in the right direction for 4 oz. It is very standard to keep people on probation from visiting certain individuals and communities to prevent a relapse, such as gang members are not supposed to hang out with gangs. He has a year to plan his next rally, so it can be better than ever. Now I dont think that the laws are right and sometimes unjust laws must be broken but the sentence could have been much harsher so if I was Bob Newland I would not complain about this.

how can this judge stop this persons speech on a debate that is nation wide?there are people convicted of drunken manslaughter who never spent one day in jail.

No more censorship of sanity by the criminally insane. Legal or not criminal insanity and bullying are still atrocious and unwelcome everywhere.

We are talking about a state that still thinks that committing human rights crimes is acceptable if you are a european settler old blood family. Noone else there has any rights, human or constitutional.

A judge there stole every single thing I own, and placed a false $1400 debt on my credit report, for not paying his cousin a month of rent. She had scammed me out of a year's worth of payments for a home sale where she was supposed to get the inspection done. So she stole a year of payments from me, refused to get the inspection done, then had her friends and relatives running the corrupt courts there make a false judgement in my absence.

I went back to load my things up after a short trip and leave since she clearly didn't want to sell the place as promised, when the big bad cowboy crooked aZZ  sheriff showed up. I had just finished loading up my trailer of stuff from the house of my tv's, refrigerator, brand new washer and dryer, flat screen tv, computers, wood stove, Lionel train collections, beds, sofas, desks etc. Probably 15-20k in stuff. He started out by demanding I unhook the trailer from my truck or else. He then proceeded, with one hand on his gun, in front of my 9 yr old son and family, to poke me in my chest and try to bully me. I had made no moves or anything towards him, I was backing away. He stuffed a paper rudely in my face like the stupid redneck fuk he is, and said 'READ IT'. The paper was a shammy looking court document. It stated he had the right to collect my personal property due to a judgement against me in the amount of $4500. Nothing was on it about what that amount was even for and he refused to tell me.

He made me, with his hand on his gun, load heavy items into the trailer when I have a bad back. I crushed a disc serving as a defense contractor actually serving this country, something that POS doesn't know the real definition of. He made me pick up a WOOD STOVE and mockingly laughed at me while I did it. On the itnernet they portray him as this 'good old days' guy that is soo nice. What a crock. He is a criminal. Now my son will never trust a cop again, and I won't trust most of them either. SO a year later I check my credit report and guess what?? Jackass had the gall, after stealing tens of thousands of dollars of items from us, to put a thing on my credit for another $1400.

I feel sorry for anyone still stuck in that crooked, abusive, backwards azz state. It is a gang of criminals and thugs running it like their own little country, and stomping on other people's rights, trying to intimidate and control others inhumanely and in a psycho way, is all that state runs on. We really should kick them out of the US because they are not a part of it, as the constitution means nothing to them. On my way out of the state I ran into a couple from California, whose father was a WW2 vet. He returned home to find that the same courthouse that pulled that on me had taken his farm and given it to relatives of the clerks there in the courthouse. They had run him out of town, so he went to California to live. They had just visited the courthouse hoping to find the old address of where their father used to live just to visit and see it on their vacation. The clerk told them there is no records of their father ever having owned land or lived in the county. Even though they had in their hands his old land deed and his military service records show he did.

In other words, that place one big crooked POS and if someone is a judge there, it is pretty much almost a guarantee they had to be a crook to become one there. The pot issue I don't care about, but their human rights record is as bad as Hitler's, and they are running a state in our country. A country we tout around the world as being about freedom and rights etc etc. I have a cousin here in Va who is a police cheif, and the things they are doing day in and day out there, would never even think of flying here.

I personally don't think, given their human rights crimes against natives there, and against pretty much everyone else who is not one of their redneck hatefilled family, that they have any right to access to federal tax dollars at all. Not until they learn the definition of being american and act like it.

BTW bullying is the small cock's way to feel big. They pretty much give their real level of manhood away right there don't they???