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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PLN Nazi Guard Censorship Suit Remanded for Injunctive Relief by The court of appeals for the Ninth circuit, in an unpublished opinion, affirmed in part and reversed in part a Washington federal district court's grant of summary judgment to Washington Department of Corrections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
Eleventh Circuit Overturns Order Prohibiting Access To Hearings, Documents by In this case brought by a newspaper publisher seeking to cover the enforcement of a consent decree concerning overcrowding in Alabama prisons, the U.S. Eleventh Circuit Court of Appeals reversed a district court's order prohibiting public access to court bearings …
Article • May 15, 2007
Filed under: Media, Internet
NY DOC Website Posting Not Defamatory by In an unpublished opinion, the court of appeals for the Second circuit upheld dismissal of a prisoner's lawsuit claiming that he was defamed when the New York Department of Correctional Services posted information stating he had been convicted of robbery on its website …
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
No Media Filming of Missouri Execution Allowed by Two Reverends and the New Life Evangelistic Center challenged the prison system's ban on cameras and tape recorders at executions. The case is not mooted by the completion of the execution the plaintiffs wanted to videotape. The case falls squarely within the …
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 • from PLN May, 2007
California DOC Settles With PLN Over Restrictive Publications Policies: Changes Regulations, Pays Damages by John Dannenberg by John E. Dannenberg On December 19, 2006, the California Department of Corrections and Rehabilitation (CDCR) settled with Prison Legal News (PLN) over PLN's complaints of CDCR's restrictive publications-approval policies for California state prisoners. …
Article • May 15, 2007 • from PLN May, 2007
$128,000 Cost Fee Against Former Angolite Editor Reversed by Louisiana?s Third Circuit Court of Appeals has reversed a trial court?s order imposing a $128,000 court cost fee assessed against award winning former prison journalist Wilbert Rideau. PLN previously reported on Rideau?s release. Rideau is best known for his work as …
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 …
Punishment for Publishing Newsletter Unconstitutional by The court of appeals for the Third circuit held that a district court erred when it dismissed a suit filed by Pennsylvania prisoners who were placed in segregation for publishing a prison newsletter. In reversing, the appeals court held that it is unconstitutional to …
Article • May 15, 2007
Legal/Media Mail and Attorney Visits Protected by The court of appeals for the Fifth circuit upheld a district court injunction prohibiting Dallas, Texas, jail officials from opening prisoners' mail from and visits with attorneys. While Texas state law did not provide for confidential media mail, it does provide for confidential …
Article • May 15, 2007
Stamp Ban, Mail Denial in Segregation Upheld by The court of appeals for the Eighth circuit upheld an Arkansas prison ban on postage stamps since embossed envelopes could be purchased from the prison commissary. The court upheld a 30 day ban on the receipt and sending of personal mail to …
Article • May 15, 2007
No Right to Radio by The court of appeals for the Eighth circuit held that an Arkansas prisoner had no right to possess a radio in prison. The court accepted prison officials claim that radios pose a security threat in prison. No other court has held that prisoners have a …
Denial of Continuance on Summary Judgment Proper, Summary Judgment Improper by The U.S. Eleventh Circuit Court of Appeals held that a Florida federal district court's denial of a Florida Department of Corrections (DOC) prisoner's motion to stay consideration of DOC defendants' motion for summary judgment was not abuse of discretion. …
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