Does a pretrial detainee have the same rights as an unincarcerated person?

Pretrial detainees, we have said, are presumed to be innocent and therefore have the same rights as unincarcerated persons, except where the exercise of those rights is prohibited by the requirements of jail security. Rhem v. Malcolm, supra, 507 F.2d at 336. The pretrial detainee is to be subjected "to no greater restrictions on his liberty than are necessary to ensure either his attendance at trial or the security of the institution in which he is held." Majority opinion, ante at 1236 n.7. The unincarcerated man has, of course, the right to "kiss a wife, or to fondle a child." But he has more than that. He has the right to kiss a

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