First Amendment Rights And Forensic
Evaluations
When a mentally ill person files suit regarding breach of a First Amendment right, forensic providers, evaluators, or courts are tasked with addressing this discrepancy. Had the circuit court ruled in favor of Mr. Oliver, it could have set a precedent for the exclusion of aspects of a patient’s behavior or speech from forensic evaluations. This ruling could substantially impede the tasks of risk assessment and risk management. On the other hand, ensuring that protected behaviors and expression, however provocative, are managed in a therapeutic, rather than punitive way, is an important duty of forensic evaluators and teams and is something that should be actively considered in any forensic treatment context.