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Tuesday, June 19, 2007

Bondsmen Win Free Speech Appeal

Two bondsmen from Texas have won a case regarding free speech issues in their bail bond businesses. The case was heard by the 5th Circuit, US Court of Appeals.

In the metro areas of Texas, the bail bond business is regulated by county bail bond boards. Carl Pruett and Scott Martin, of Harris County, Texas, filed suit against the Harris County Bail Bond Board. The bondsmen challenged a Texas statute restricting solicitation of potential customers as a denial of their First Amendment rights.

The statute at issue prohibits contacting clients regarding an outstanding warrant, unless the subject of the warrant is a previous customer. Another section restricts the time of solicitation after arrest, prohibiting solicitation in person or by phone from 9:00 p.m. to 9:00 a.m., or within 24 hours after a person has been arrested, either with or without a warrant.

The US appellant court ruled that state statutes were unconstitutional. Full opinion here.

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Although Missouri Bondsman encourages debate on topics of interest to the bail industry, please be aware that comments are moderated. Please observe the posting rules. No comments will be printed that contain spam, profanity, or libelous comments. Please post comments in a civil, professional manner.

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