[nextparadigms]

"According to the authorities, the Facebook updates written by the NinjaVideo founder pose a danger to the community."

That's so absurd. It's like the 1st Amendment doesn't even exist anymore, or the authorities simply don't care it exists.

This is why it's so important to stop the US Government from banning "Twitter propaganda speech" from Middle East, too. If they succeed with that, the next action is doing the same in US.

[Xlythe]

Convicts sentenced lose a fraction of their rights, including the right to free speech.

"Under Turner, prisoner communication may be monitored and regulated, and the content of the communication (i.e., the legal advice) makes no difference in the assessment of the legality of the regulation."

http://en.wikipedia.org/wiki/Shaw_v._Murphy

[nicki_easy]

Is that germane? "[A] decision of the United States Supreme Court rejecting the First Amendment right of prisoners to provide legal assistance to other prisoners."

She was sentenced but not yet a prisoner, etc.

[brudgers]

And still had her free speech rights. Now she doesn't.

There was nothing illegal about incarcerating her sooner rather than later (this is not commentary on the justness or lack thereof of her sentence).

If one says "fuck you" to the judge, instead of "thank you," one is more likely to hear "well, fuck you," back.

[nicki_easy]

But she didn't say "fuck you" to the judge. She recognized that the judge had been lenient and was thankful:

"I know it is ridiculous that I'm going away at all... I know, and I know that there is a huge inclination to hate on the judge for giving me such a sentence, but know this, probably any other judge on that bench would have given me what the government asked for... because they are the motherfuckin' government, and could do whatever they want. He gave me less than half of what the government wanted and though it is harsh... we are file sharers ffs... I can do 22 months on my motherfuckin head. In fact for the first time in years, I can probably not dread the first of the month coming around. I'll drop a couple of pounds, pick up another degree or something, and make 17 cents an hour making license plates. //care. Fuck a landlord." http://www.ninjavideoforum.net/showthread.php?20347-My-quot-...

What, you want she should have no personality? That's how she got so loved (and hated) in the first place. That website got 6 million eyeballs a month.

I posted her actual letter to the judge here: http://news.ycombinator.com/item?id=3464862

[tsotha]

This. Judges have almost unlimited power in the US, and it's just not very smart to spout off like that.

[mef]

While the motion for reconsideration is probably motivated by her calls to engage the media about her conviction, her posting that she may "shank" her fellow inmates was a great way for her to ensure she get detained as soon as possible.

http://www.scribd.com/doc/78196975/Mtn-Reconsider-Surrndr

[nicki_easy]

Yes, but does Neil H. MacBride or anyone working in his office have a lick of common sense? It seems like people so unable to see things in proper perspective should be prohibited from exercising the legal profession.

"The government cites nothing that warrants reconsideration. Reviewing NinjaVideo’s Facebook page, and a related internet forum, the government finds a woman who is letting off some steam in her online community. In fact, in Ms. Beshara’s post-sentencing musings, she writes (in admittedly colorful language that is fairly common on the internet) to reassure friends and supporters that she will be able to handle serving the twenty-two month sentence. Govt Motion, Exhibit 2. She jokes about maybe losing some weight, picking up a degree, earning pennies making license plates. Id. Reflecting on her actual sentence, she notes that it would be natural to resent the judge that had imposed jail time on her, but she recognizes that she received a relatively lenient sentence. Id. These are not the writings of a defendant who is "likely to flee." Ms. Beshara was writing about serving her sentence, she was retrospective about how it easily could have been worse, how she could have received more jail time. She is preparing to go to jail, not to run from it.

The government does not dispute that Ms. Beshara is not a flight risk. Instead, they present two unpersuasive arguments. First, the government argues that Ms. Beshara poses a danger to the community due to internet postings that the government claims "suggest she may engage in physical violence with her future fellow inmates." Govt Motion at 2. As an initial matter, this is simply not a basis for reconsideration as it is not evidence that Ms. Beshara poses a "danger to the safety of any other person or the community if released." See 18 U.S.C. §3145(a). The government’s position amounts to the bizarre argument that Ms. Beshara should be incarcerated sooner because she will present a danger to "future fellow inmates" once incarcerated. Govt Motion at 2.

Moreover, the postings the government refers to are simply the online bluster of someone who has never spent a moment incarcerated. For example, the government notes Ms. Beshara’s posting that she will "run" her "cell block." Id. at 3. Ms. Beshara won’t even be on a cell block. She is clearly joking, as she jokes about having to make license plates. In fact, subsequent to the posts the government complains about, Ms. Beshara writes, "Nah but seriously guys, this is a sad and tragic situation and I want us to smile and laugh and stay together." See Govt Mtn, Exhibit 3, top of page 3."

http://www.scribd.com/doc/78155255/Beshara-reply-to-Gov-s-Mo...

[mef]

I agree with this analysis that she was joking, but being at a disadvantage having recently become a convict, she's the one who would most benefit from exercising common sense.

[nicki_easy]

So do you think her common sense should have told her to keep her mouth shut? As an idealistic young American with no experience with the justice system and a firm belief that what was happening to her was wrong, I think her common sense told her she had the right to speak her mind and to crack a few jokes to mollify the terror she felt at having just received a federal prison sentence. I think that would be a fairly normal assumption for many or most people.

[tzs]

Cracking a few jokes--within what common sense would allow. Celebrating your crime--not common sense.

[nicki_easy]

"Crime."