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Maryland Son of Sam Statute Violates First Amendment by The Court of Appeals of Maryland vacated the judgment of the Anne Arundel County Circuit Court in an action brought by the state attorney general against a prisoner for allegedly violating the state's Son of Sam' statute. Ronald W. Price was …
Article • May 15, 2007
Legal Mail Claim Requires Hearing & Due Process by Legal Mail Claim Requires Hearing & Due Process The court of appeals for the Ninth circuit held that a district court erred when it granted summary judgment to Arizona prison officials sued for opening legal mail outside the plaintiff's presence. The …
Article • May 15, 2007
No Judicial Review or Order Required for Prison Censorship by The U.S. Court of Appeals for the Seventh Circuit held that the Wisconsin Department of Corrections (DOC) did not have to obtain a court order or initiate judicial proceedings against publications to censor them. A prisoner incarcerated in the Wisconsin …
Article • May 15, 2007
US Supreme Court Holds that Obscenity Is Not Protected by the First Amendment by US Supreme Court Holds that Obscenity Is Not Protected by the First Amendment The US Supreme Court has held that obscene materials are not protected by the First Amendment. The Court defined "obscene material" and applied …
Article • May 15, 2007
Lost Magazine States Free Speech Claim; Dismissal Reversed in Part by The U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded a violation of his First Amendment right to free speech in a case where prison officials seized, and later lost, the prisoner's magazine. While incarcerated at …
Article • May 15, 2007
Prisoner's Claim of Censorship of Non-Obscene Materials Remanded by The U.S. Tenth Circuit Court of Appeals, reversing the U.S. District Court in Kansas, held that dismissal of a Kansas prisoner's claim against Kansas Department of Corrections (DOC) officials accused of censoring "obscene" materials was properly dismissed but that the prisoner's …
Indiana Prisoners Win Censorship Suit on Communist Literature and Nude Photos by Indiana prisoners Win Censorship Suit on Communist Literature and Nude Photos A U.S. District Court in South Bend, Indiana held that the Indiana State Prison violated prisoners' right to due process, and unlawfully censored books, newspapers, magazines and …
Article • May 15, 2007
Sheriff's Mass Purchase of Newspapers to Suppress News Unconstitutional. by The Fourth Circuit Court of Appeals held that the mass purchase, on election day, of the St. Mary's Today Newspaper by sheriff's deputies in St. Mary's County, Maryland, to prevent the dissemination of articles they anticipated would be critical of …
Article • May 15, 2007
BOP Regulation Barring Prisoner Reporters Constitutional; Ruling Later Vacated by A California federal district court held that a federal prison regulation that prohibits a prisoner from acting as a newspaper reporter does not violate the First Amendment, and the newspaper is not affected by the regulation. This action was filed …
PLN Nazi Guard Censorship Suit Remanded for Injunctive Relief by The court of appeals for the Ninth circuit, in an unpublished opinion, affirmed in part and reversed in part a Washington federal district court's grant of summary judgment to Washington Department of Corrections officials who censored the May, 1999, issue …
Article • May 15, 2007
Order Requiring Utility To Disperse Third Party Material Unconstitutional by The U.S. Supreme Court held that an order of the Public Utilities Commission of California (PUCC) requiring Pacific Gas and Electric Co. (PGE) to include material from a third party, with which it did not agree, in its billing envelopes …
Article • May 15, 2007
Free Speech Protects Right to Hire, Consult with Counsel by At 324: "The right to hire and consult an attorney is protected by the First Amendment's guarantee of freedom of speech, association and petition. . . ." "[T]he First Amendment prohibits the state from interfering with collective action by individuals …
Article • May 15, 2007
Filed under: Media, Censorship
Target Shooting Not Protected Free Speech by Plaintiffs challenged a statute that, inter alia, forbade Class A gun clubs--those that made large capacity weapons available to those who don't have licenses to possess them--to "permit shooting at targets that depict human figures, human effigies, human silhouettes or any human images …
Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Michael Rigby On October 20, 2004, the U.S. District Court for the Middle District of Louisiana held that a Louisiana prison rule prohibiting the dissemination of "rumors" was unconstitutionally vague and overbroad. …
Article • May 15, 2007
Pennsylvania PLRA Unconstitutional; Obscenity Ban Upheld by The Pennsylvania Supreme Court held that two provisions of the Pennsylvania Prison Litigation Reform Act (PaPLRA) violate the Pennsylvania Constitution and are, therefore, invalid. In 1998 the Pennsylvania Legislature amended 18 Pa. C.S. § 5903(a)(7)-(9), the state's obscenity law, to make it a …
Article • May 15, 2007
Filed under: Media, Censorship
Published Opinions Are Protected Rhetorical Hyperbole And Thus Non-Actionable by Workers World Party, Inc. (the Party), subsidiary WW Publishers, Inc., and reporter Brenda Ryan motioned the court to dismiss actions brought by The Renco Group, Inc. (Renco), for newspaper and internet publishing alleging that Renco "robbed" workers' pension funds, The …
Article • May 15, 2007
Warden Liable for $25,000 Damage Award in Mail Censorship Suit by The court of appeals for the Eighth circuit affirmed a jury verdict and damage award in favor of a Texas citizen who sued Missouri prison officials for censoring his mail to a Missouri prisoner. Plaintiff was a gay Catholic …
Article • May 15, 2007
U.S. Fourth Circuit Upholds Censorship of Prisoner Magazine by Virginia state prisoners brought suit alleging First Amendment violations due to denial of publication of one issue of their state funded magazine. The magazine is organized and edited by prisoners but subject to pre-publication approval by prison authorities. A U.S. district …
Article • May 15, 2007
Supreme Court Holds No Special Access to Prisoners for Media by The U.S. Supreme Court held that reporters have no more right of access to individual prisoners than does the general public. Action was brought against Federal Bureau of Prisons by the Washington Post newspaper alleging the Bureau's ban on …
Florida DOC Clamps Down on Prisoner Writers by David Reutter by David M. Reutter In an effort to limit prisoners' free speech rights, the Florida Department of Corrections (FDOC) has taken steps to prohibit prisoners from engaging in a business or profession. For some years now, the FDOC has had …
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