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Dan Bongino stepping down as FBI deputy director; VA braces for premium hikes as GOP denies vote extending tax credits; Line 5 fight continues as tribe sues U.S. Army Corps; Motion to enjoin TX 'Parental Bill of Rights' law heads to federal court.

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House Democrats gain support for forcing a vote on extending ACA subsidies. Trump addresses first-year wins and future success and the FCC Chairman is grilled by a Senate committee.

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States are waiting to hear how much money they'll get from the Rural Health Transformation Program, the DHS is incentivizing local law enforcement to join the federal immigration crackdown and Texas is creating its own Appalachian Trail.

ACLU Says Law Silences Free Speech Rights of Prisoners

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Tuesday, January 13, 2015   

PITTSBURGH - The American Civil Liberties Union (ACLU) of Pennsylvania filed a lawsuit last week aimed at stopping enforcement of what it calls the "Silencing Act."

Passed by the legislature last year, the act allows prosecutors or victims of a personal injury crime to obtain an injunction to prohibit anyone convicted of such a crime from engaging in any conduct that would cause "mental anguish" to the victim or the victim's family members.

Sara Rose, a staff attorney for the ACLU, says it wasn't hard too see the act's immediate challenges to the First Amendment.

"The broad impact this law could have on First Amendment rights is significant," she says. "Not only for offenders, but the people who work with them and the people who report on what happens inside of prisons."

The suit was filed on behalf of four former prisoners who are now community leaders, several journalists and media organizations, and a professor who works with prisoners.

Rose notes the impact goes beyond the groups the plaintiffs represent, because the act prevents anyone else from hearing offenders' statements and opinions.

"It violates not just the First Amendment rights of offenders, but also the First Amendment rights of those who wish to hear what they have to say," says Rose.

She adds the law already has gone into effect, but at this point, the ACLU believes no victims or prosecutors have sought an injunction against any offenders.

Rose says a potential financial penalty for prisoners or ex-prisoners who speak out also constrains their right to free speech.

"The law does contain a provision that would allow the court to charge the offender with costs and attorneys fees if the injunction is issued," she says.

The law was aimed at silencing Mumia Abu-Jamal, who was convicted of killing a Philadelphia police officer in 1982 and is serving a life sentence. He maintains he is innocent.


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