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Article • April 15, 2009
Court Rejects Challenge to Newspaper Ban in SHU by On May 9, 2008, U.S. District Judge William Griesbach rejected a challenge by a Wisconsin prisoner to a newspaper ban in the SHU. Jose Soto was placed in an administrative confinement (SHU) at the Portage, Wisconsin prison facility for rule infractions. …
Institutionalized Policy to Deprive Appeal of Confiscated Mail Violates Constitution by A Massachusetts federal district court denied summary judgment to prison officials who confiscated a prisoner’s mail and took actions that deprived him of his right to appeal that confiscation. The civil actions complaint was filed by MCI-Walpole prisoner Michael …
Utah Sex Offender Internet Registry Statute Violates First Amendment by Mark Wilson On September 25, 2008, a federal court in Utah enjoined the enforcement of an amended statute requiring the state’s 7,000 registered sex offenders to report all of their Internet identifiers, including user names, passwords and website addresses. In …
Article • January 15, 2009 • from PLN January, 2009
Demonstrators Supporting Guantanamo Prisoners in Front of U.S. Supreme Court Found Guilty of Unlawful Assembly by Demonstrators Supporting Guantanamo Prisoners in Front of U.S. Supreme Court Found Guilty of Unlawful Assembly On May 29, 2008, thirty-four members of the civil rights group Witness Against Torture (WAT) were found guilty in …
Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John Dannenberg Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John E. Dannenberg The Washington State Court of Appeal, Division 2, ruled that the state’s criminal libel statute was unconstitutional under U.S. Supreme Court …
Brief • September 9, 2008
Shustring dba LareDOS v. Salinas and City of Laredo, TX, Complaint, 1st Am mayor newspaper censorship, 2008 Case 5:08-cv-00120 Document 1 Filed in TXSD on 09/09/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION SHUSTRING PRODUCTIONS, INC. dba LareDOS PUBLISHING Plaintiff v. RAÚL SALINAS …
Article • August 15, 2008
Court Orders Trial on Challenge to BOP’s Byline/Reporter Prohibition by A Colorado federal district court has ordered a trial in a federal prisoner’s challenge to 28 C.F.R. §540.20 (b), which provides, in relevant part, that an “inmate may not act as reporter or publish under a byline,” on First Amendment …
Article • August 15, 2008
Challenge to BOP Writer Byline Rule “As Applied” Dismissed by A Colorado Federal District Court has refused to reinstate “as applied claims” in a lawsuit challenging the Bureau of Prisons (BOP) byline/reported prohibition or dismiss the remaining racial claim to 28 C.F.R. §540.20(h). In response to that lawsuit, BOP altered …
Article • August 15, 2008
Artwork Sold on City Grounds Protected by First Amendment; No Permit Required by The City of Sparks, Nevada appealed a district court ruling that allowed artist Steven White to display and sell his paintings in parks and Victoria Square without a permit or prior permission from the City. The appellate …
Article • July 15, 2008
Sixth Circuit Reverses Denial of Complaint Amendment by The Sixth Circuit Court of Appeals vacated a lower court’s order denying a Tennessee prisoner leave to amend his complaint to substitute actual parties for Doe Defendants. In July 1996, Tennessee prisoner Alexander Friedmann (PLN’s Associate Editor) requested to have a notice …
Article • July 15, 2008
Prison Music Program Not Constitutionally Required by A Pennsylvania federal district court has held that limitations imposed by prison officials on prisoners performing in “independent” music programs do not violate the constitution. The ruling came after a three-day non-jury trial in a civil rights action filed by prisoner Richard Young. …
Shustring Productions Inc. v. Salinas, TX, Settlement, Freedom of the Press, 2008 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION § § § v. § § RAUL SALINAS and CITY OF LAREDO § SHUSTRING PRODUCTIONS, INC. d/b/a LareDOS PUBLISHING Civil Action No. 5:08-CV-00120 SETTLEMENT AGREEMENT & RELEASE A. …
Publication • 2008
California Banned Books List - 2008
New Times files a prelude to a lawsuit against Sheriff Joe Arpaio by Stephen Lemons County Attorney Andy Thomas and a discredited ex-special prosecutor on behalf of its readers and the Constitution Phoenix New Times By Stephen Lemons Published: February 21, 2008 New Times submitted a formal Notice of Claim …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
District Court Reversed in Christian Identity Case by The Tenth U.S. Circuit Court of Appeals has affirmed in part and reversed in part a case involving prisoners who adhere to the "Christian Identity Faith." Jacob Ind and Jeffrey Pfleger are prisoners at the Colorado State Penitentiary. They adhere sincerely to …
Article • May 15, 2007
New York Prison Censorship Rules Invalidated by In a class action suit, a federal district court in New York held that "[i]n order to be constitutionally acceptable, a regulation may permit suppression of sexually oriented material only if the material comports with a standard of obscenity defined by the courts …
Article • May 15, 2007
Prison Magazine Censorship Reversed by The Eighth Circuit Court of Appeals held that prison officials violated a South Dakota prisoner's constitutional rights by refusing to allow him to receive a magazine entitled Mature. In rejecting the magazine prison officials stated: "the magazine has absolutely no rehabilitative value. It is nothing …
Article • May 15, 2007
Oregon Court Denies PI Against Outgoing Mail Ban by A federal court in Oregon held that a mental patient's outgoing mail to elected public officials and attorneys which contained "fearful or threatening material" but which did not advocate violence or illegal activity was entitled to First Amendment protections. The court …
Article • May 15, 2007
Oregon Court Permanently Enjoins Outgoing Mail Ban by In the same case as Martyr v. Bachik, 755 F.Supp. 325 (D OR 1991); Martyr v. Bachik, 770 F.Supp. 1406 (D OR 1991); and Martyr v. Bachik, 770 F.Supp. 1414 (D OR 1991), a federal court in Oregon held that a patient …
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