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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 …
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. …
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