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Article • May 15, 2007
Filed under: Damages, Media, Censorship
Damage Award for Restriction on Political Speech Upheld by The Court of Appeals for the Seventh Circuit affirmed an Illinois district court's order finding a city ordinance limiting door-to-door solicitation between 9 AM and 5 PM violated the First Amendment and awarding $8,300 in damages for the violation. The court …
Article • May 15, 2007
BOP Rule Limiting Detainee's Ability to Publish Books Unconstitutional by A Missouri federal district court held that a Bureau of Prisons (BOP) regulation that limited an unconvicted prisoner's ability to produce and to have published manuscripts violated the prisoner's fundamental constitutional rights. This habeas corpus proceeding was filed by a …
Article • May 15, 2007
Filed under: Media, Censorship
Florida's "Right-of-Reply" Statute Unconstitutional by Florida's "Right-of-Reply" Statute Unconstitutional The U.S. Supreme Court held unconstitutional Florida's "right-of-reply" statute, which grants a political candidate the right to equal space to answer criticism and attacks on his record by a newspaper, and makes it a misdemeanor for the newspaper to fail to …
Article • May 15, 2007
Ban on "Communist Political Propaganda" Violates First Amendment by Ban on "Communist Political Propaganda" Violates First Amendment The U.S. Supreme Court held that the First Amendment is violated by a statute requiring postal service officials to detain and destroy unsealed mail from foreign countries determined to be communist political propaganda …
Article • May 15, 2007
Massachusetts Prisoner Sufficiently Alleges Violations Of State Civil Rights Act by Massachusetts Prisoner Sufficiently Alleges Violations Of State Civil Rights Act The Appeals Court of Massachusetts, Suffolk, held that a prisoner sufficiently alleged violations of the state constitution by prison officials but lacked standing to pursue a federal civil rights …
Presumed Damage Award Upheld in First Amendment Case by The Sixth Circuit Court of Appeals held that a general damage award is appropriate in a First Amendment case and such an award allows an attorney fee award. This case was brought by a Winchester, Kentucky fireman, who was suspended from …
Article • May 15, 2007
Filed under: Venue, Media, Censorship, Internet
District Court Reversed; Warden's Defamation Suit Ordered Dismissed by The U.S. Fourth Circuit Court of Appeals, reversing the U.S. District Court, Western District of Virginia, held that Connecticut newspapers sued by a Virginia prison warden for defamation and libel after posting allegedly defamatory articles on their websites did not manifestly …
Article • May 15, 2007
Abstract Advocacy of Violence Protected Speech; Gang Conviction Reversed by The Ninth Circuit Court of Appeals affirmed an Arizona District Court's grant of habeas corpus invalidating a conviction for participating in street gang activity. Jerry Dean McCoy is a former California gang member that was convicted by an Arizona state …
Article • May 15, 2007
US Supreme Court Held That Statutes Can Be Challenged Before Enforcement by The U.S. Supreme Court held that under the First Amendment plaintiffs have standing to mount pre-enforcement challenges to statutes and policies. The US Supreme Court's decision on a Virginia statute previously challenged in the Fourth Circuit by American …
Article • May 15, 2007
Commercial Speech Protection Extends to Sender & Recipient by The United States Supreme Court held in a Virginia case that First Amendment protections related to commercial speech are enjoyed by both the advertisers who seek to disseminate information and the intended recipients of that information, stating: If there is a …
Article • May 15, 2007
Private Possession of Obscene Material Not a Crime by In a case on appeal from the Georgia Supreme Court, the U.S. Supreme Court held the First Amendment, as made applicable to the States by the Fourteenth Amendment, prohibits making mere private possession of obscene material a crime. During a search …
Article • May 15, 2007
Retaliation Claims Must Be Based On Constitutional Rights by Louisiana State Prisoner Darryl Crockett filed a complaint alleging improper censorship of outgoing mail and retaliation which was dismissed by the district court. Crockett appealed contending that his complaint was erroneously dismissed because he alleged facts in support of a direct …
Article • May 15, 2007
FCC Radio License Can Unconstitutional by An FCC regulation that permanently prohibited anyone who had ever operated an unlicensed radio station from obtaining a low-power FM radio license violated the First Amendment, since it would not pass any scrutiny more stringent than minimum rationality, being both underinclusive and overinclusive. The …
Brief • April 12, 2007
Prison Legal News v. Schwarzenegger, CA, Complaint, California DOC Censorship, 2007 ( 1 2 3 4 ROSEN, BIEN & GALVAN, LLP Sanford Jay Rosen, Bar No. 62566 Meghan Lang, Bar No. 221156 Amy Whelan, Bar No. 215675 315 Montgomery Street, 10th Floor San Francisco, California 94104 Telephone: (415) 433-6830 Facsimile: …
Brief • November 28, 2006
Prison Legal News v. Schwarzenegger, Settlement, California DOC Censorship, 2006 Settlement Agreement This Settlement Agreement is made between Prison Legal News (PLN) and the California Department of Corrections and Rehabilitation (CDCR) by and through the Secretary of CDCR, in his official and individual capacity. This Settlement Agreement sets forth the …
Brief • March 7, 2006
Jewell v. Gonzales, PA, Order, Bop R Rated Movie Ban, 2006 Case 1:97-cv-00408-SJM-SPB Document 80 Filed 03/17/2006 Page 1 of 55 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA RICHARD JEWELL, et al., Plaintiffs, v. ALBERTO R. GONZALES, et al., Defendants. ) ) ) ) ) …
Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000 by by Matthew T. Clarke Maryland has agreed to pay an ex-guard who appeared nude on a website and in a tattoo magazine $10,000 to get her to drop her wrongful discharge claim after an administrative law judge sided with …
Article • September 15, 2005 • from PLN September, 2005
Confiscation of "New Afrikan" Literature May Violate First Amendment by Confiscation of "New Afrikan" Literature May Violate First Amendment The Second Circuit Court o Appeals reversed a New York district court's dismissal of a prisoner's complaint alleging violation of his rights under a Religious Land Use and Institutionalized Persons Act …
Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Up by Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Upheld by John E. Dannenberg The U.S. District Court (D. KS) enjoined Ft. Leavenworth prison officials from banning …
PLN in Court by by Paul Wright Since PLN started in 1990 we have been censored in prisons and jails around the country. We have always attempted to resolve censorship issues administratively, but in cases where the goal was to keep PLN out of prison at any cost, that obviously …
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