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Challenge to Prison Library Purge Properly Exhausted by Plaintiff challenged prison censorship on the ground that similar books to those he was denied were in the prison library; so they purged the prison library of 21% of its contents, e.g., Sophie's Choice, Myra Breckinridge, and "a number of works by …
Article • May 15, 2007
Court Orders Disclosure of Discovery Materials to Media by Newspapers sought to intervene to challenge a confidentiality order governing discovery materials in a suit against the state child welfare agency. The newspapers are allowed permissive intervention; the requirement of a "question of law or fact in common" can be met …
Article • May 15, 2007
Welcome to Hell: Letters and Writings from Death Row by Jan Arriens, Northeastern University Press, 255 pages. 1997 Reviewed By Yuri Holmes Death can arrive at any time. It can strike at anyplace. When pondered, death promotes fear in even the blackest of hearts. When allowed, it devours the human …
Article • May 15, 2007
Lawsuit Challenging BOP's Reporter/Writer Pay Ban Regulation Remanded to District Court by David Reutter Lawsuit Challenging BOP's Reporter/Writer Pay Ban Regulation Remanded to District Court By David M. Reutter The Tenth Circuit Court of Appeals has held that it does not have jurisdiction to hear an appeal of a partial …
Article • May 15, 2007
Washington Sex Offender Parole Violated for Possessing "The Blue Lagoon" DVD by The Washington Court of Appeals upheld a sex offender's community placement sanction for possessing the film "The Blue Lagoon," which starred a young Brooke Shields. Mark Smith pled guilty to molesting his 5 and 7-year-old stepdaughters. He was …
Article • May 15, 2007
Filed under: Media, Access to Media
BOP Media Access Rule Upheld by The court of appeals for the Eleventh circuit held that the Bureau of Prison's media access rule, 28 C.F.R. § 540.2(6)(4) that limits prisoner media access only to people employed full time as journalists is constitutional. The court noted that neither prisoners nor the …
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
Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner by Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner Florida's First District Court of Appeals held that a state statute that prohibits a news media reporter from receiving a written communication during a prison visit interview of a …
Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering by Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering Affirming the U.S. District Court for the Eastern District of Pennsylvania on other grounds, the U.S. Third Circuit Court of Appeals held that the disciplinary actions to which a …
Article • May 15, 2007
Filed under: Media
Libel-Proof Doctrine Applied to Kansas Prisoner's Libel Suit by A Kansas Federal District Court applied the "libel proof" doctrine to dismiss a Kansas prisoner's suit for libel against a newspaper reporter. The prisoner's suit sought damages for misstatement of facts pertaining to his convictions for murder and two counts of …
Prisoners Have Right to Send Letters to News Media by The First Circuit Court of Appeals has held that a prisoner has a right to send letters to the news media. This action was filed by two prisoners at the Massachusetts Correctional Institution at Walpole, challenging the prison's total ban …
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
Settlements Are Public Records by The court of appeals for the Seventh circuit held that civil rights settlements are public records and their disclosure to the public is protected by the free speech and free press clauses of the First amendment. The limited exceptions for secrecy in court records are …
Article • May 15, 2007
Filed under: Media
TN Prisoner Libel Proof by The Tennessee Court of Appeals held that a prisoner's conviction resulting in incarceration for 99 years renders any reputation he may have virtually valueless," and that he was, in the eyes of the law, libel proof." This action was filed by a prisoner convicted of …
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
Sentence of Internet Usage Ban Requires Notice and Limitations. by The Seventh Circuit Court of Appeals held a special provision of supervised release that prohibits "access to any internet services without prior approval of the probation officer" requires notice prior to the hearing and limitations on the ban. This is …
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