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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 …
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
Private Vendor Must Comply With Florida's Public Records Act by Florida's Second District Court of Appeal has affirmed an order of a Polk County Circuit Court that held Prison Health Services (PHS) must comply with Florida's Public Records Act. The Lakeland Ledger Publishing Company sought records pertaining to a settlement …
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
Filed under: Media
Supreme Court Sets Summary, Judgment Standard of Proof by Respondents Liberty Lobby, a nonprofit corporation, and its founder and treasurer, Willis Carto, filed a federal diversity libel suit against the company publishing The Investigator magazine (Petitioners), and some of its officers after the magazine ran articles depicting Respondents as neo-Nazis, …
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
Wisconsin Prisoner's Interference-With-Mail Suit Mooted by Policy Change by William West, a Wisconsin state prisoner, sued guards in federal district court for denying him mail containing downloaded internet material about Hepatitis C. He complained that the policy under which his mail was rejected Doc 309 IMP 1, which disallowed prisoner …
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
NY Ban on Internet Materials Upheld by A serious medical need is "a condition of urgency that may result in degeneration or extreme pain." (559) (No it isn't, necessarily.) The plaintiff alleged an eight-month delay in diagnosis of his "bowel disorder" (mild distal proctitis and internal hemorrhoids) from the time …
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 …
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