You are correct. If the flow of traffic in lane 1 or 2 is faster than the flow of traffic in lane 2 or 3 then it is okay to pass. Intentionally changing lane temporarily to pass a car on the inside is illegal.

The other poster confused your point.

If someone in lane 3 is going 69 and overtaking someone then there's no reason to pass them, and probably isn't safe or legal given there is, by definition, a car on the inside lane already.