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FL advocates worry about the EPA delaying an important decision on emissions; WV is a leading state in criminal justice reform thanks to national backing; CA groups are celebrating a judge rejecting a federal moratorium on offshore wind; U of MI child care workers are fighting for a livable wage; gray whales might not be bouncing back as fast as previously thought; and NY advocates are celebrating a federal ruling saying the Trump Administration's wind energy ban was illegal.

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The Senate fails to extend ACA subsidies all but ensuring higher premiums in January, Indiana lawmakers vote not to change their congressional map, and West Virginia clergy call for a moratorium on immigration detentions during the holidays.

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Farmers face skyrocketing healthcare costs if Congress fails to act this month, residents of communities without mental health resources are getting trained themselves and a flood-devasted Texas theater group vows, 'the show must go on.'

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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