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Wolf v. Ashcroft, No. 01-1869 (3rd Cir.) (297 F.3d 305) (July 24, 2002) (Judge Marjorie O. Rendell)

Article • July 1, 2002 • from P&J July, 2002

Filed under: First Amendment, Punch And Jurists

Wolf v. Ashcroft, No. 01-1869 (3rd Cir.) (297 F.3d 305) (July 24, 2002) (Judge Marjorie O. Rendell) by In this case, plaintiffs, a class of inmates at FCI-McKean, sued various government and prison officials challenging a prison policy that banned the viewing of movies rated R, X, or NC-17 and …

Shaw v. Murphy, No. 99-1613 (U.S. Supreme Court) (532 U.S. 223; 121 S.Ct. 1475) (April 18, 2001) (Justice Thomas)

Article • February 4, 2002 • from P&J April, 2001

Filed under: First Amendment, Punch And Jurists

Shaw v. Murphy, No. 99-1613 (U.S. Supreme Court) (532 U.S. 223; 121 S.Ct. 1475) (April 18, 2001) (Justice Thomas) by In this case, the Court held that prison inmates do not have any freestanding constitutional right to assist other inmates in filing legal claims. Starting from the premise that “it …

Treesh v. Taft, No. C-2-99-624 (S.D.Ohio) (122 F.Supp.2d 887) (November 16, 2000) (Judge Joseph P. Kinneary)

Article • January 1, 2001 • from P&J January, 2001

Filed under: First Amendment, Punch And Jurists

Treesh v. Taft, No. C-2-99-624 (S.D.Ohio) (122 F.Supp.2d 887) (November 16, 2000) (Judge Joseph P. Kinneary) by Our final case for this week deals with one of those senseless “believe-it-or-not” prison regulations that shows anti-prisoner venom run amok. Judge Kinneary’s summary of the issues involved in this case says it …

Pell v. Procunier, No. 73-918 (U.S. Supreme Court) (417 U.S. 817; 94 S.Ct. 2800) (June 24, 1974) (Justice Stewart)

Article • June 18, 2000

Filed under: First Amendment, Punch And Jurists

Pell v. Procunier, No. 73-918 (U.S. Supreme Court) (417 U.S. 817; 94 S.Ct. 2800) (June 24, 1974) (Justice Stewart) by In this case, the regulation challenged "clearly restricts one manner of communication between prison inmates and members of the general public beyond the prison walls." In analyzing that regulation, the …

Murphy v. Shaw, No. 97-35989 (9th Cir.) (195 F.3d 1121) (November 4, 1999) (Judge Betty Binns Fletcher)

Article • December 1, 1999 • from P&J December, 1999

Filed under: First Amendment, Punch And Jurists

Murphy v. Shaw, No. 97-35989 (9th Cir.) (195 F.3d 1121) (November 4, 1999) (Judge Betty Binns Fletcher) by In this case the plaintiff, who had been trained as an inmate law clerk by his prison, was punished for sending a letter giving legal advice to another inmate who had been …

A.C.L.U. v. Reno, No. 98-5591 (E.D.Pa.) (31 F.Supp.2d 473) (February 1, 1999) (Judge Lowell A. Jr. Reed)

Article • December 1, 1999 • from P&J December, 1999

Filed under: First Amendment, Punch And Jurists

A.C.L.U. v. Reno, No. 98-5591 (E.D.Pa.) (31 F.Supp.2d 473) (February 1, 1999) (Judge Lowell A. Jr. Reed) by

Bates v. State Bar of Arizona, No. 76-316 (U.S. Supreme Court) (433 U.S. 350; 97 S.Ct. 2691) (June 27, 1977) (Justice Blackmun)

Article • July 25, 1999

Filed under: First Amendment, Punch And Jurists

Bates v. State Bar of Arizona, No. 76-316 (U.S. Supreme Court) (433 U.S. 350; 97 S.Ct. 2691) (June 27, 1977) (Justice Blackmun) by Case noted that "Frist Amendment rights are fragile interests, and a person who contemplates protected activity might be discouraged by the in terrorem effect of the statute.". …

Amatel v. Reno, No. 97-5293 (D.C. Cir.) (156 F.3d 192) (September 15, 1998) (Judge Stephen F. Williams)

Article • November 1, 1998 • from P&J November, 1998

Filed under: First Amendment, Punch And Jurists

Amatel v. Reno, No. 97-5293 (D.C. Cir.) (156 F.3d 192) (September 15, 1998) (Judge Stephen F. Williams) by Quotation from Judge Weld's dissenting opinion in which she strongly disagreed that the majority had shown any reasonable relationship between pornography and rehabilitation that would justify regulations banning publications like Playboy in …

Campbell v. Arkansas Dept. of Correction, No. 98-1161 (8th Cir.) (155 F.3d 950) (August 28, 1998) (Judge Diana E. Murphy)

Article • October 1, 1998 • from P&J October, 1998

Filed under: First Amendment, Punch And Jurists

Campbell v. Arkansas Dept. of Correction, No. 98-1161 (8th Cir.) (155 F.3d 950) (August 28, 1998) (Judge Diana E. Murphy) by This is one of those sadly amusing cases in which a prison warden sued the Arkansas Department of Corrections and several of its officers for damages - and won. …

Amatel v. Reno, No. Civil Action No. 96-2774(SS) (D.D.C.) (975 F.Supp. 365) (August 12, 1997) (Judge Stanley Sporkin)

Article • November 1, 1997 • from P&J November, 1997

Filed under: First Amendment, Punch And Jurists

Amatel v. Reno, No. Civil Action No. 96-2774(SS) (D.D.C.) (975 F.Supp. 365) (August 12, 1997) (Judge Stanley Sporkin) by This is a significant prison litigation case in which the court invalidated - as "facially violative of the First Amendment" - a recent, little noticed statute that permits the Federal Bureau …

Warner v. Orange County Dept. of Probation, No. 93 Civ. 1544 (GLG) (S.D.N.Y.) (968 F.Supp. 917) (June 27, 1997) (Judge Gerard L. Goettel)

Article • September 1, 1997 • from P&J September, 1997

Filed under: First Amendment, Punch And Jurists

Warner v. Orange County Dept. of Probation, No. 93 Civ. 1544 (GLG) (S.D.N.Y.) (968 F.Supp. 917) (June 27, 1997) (Judge Gerard L. Goettel) by The Court also held that the prevuious failure of the defendant to object to or appeal from the imposition of the special condition requiring him to …

Shimer v. Washington, No. 94-2063 (7th Cir.) (100 F.3d 506) (November 12, 1996) (Judge Joel L. Flaum)

Article • December 1, 1996 • from P&J December, 1996

Filed under: First Amendment, Punch And Jurists

Shimer v. Washington, No. 94-2063 (7th Cir.) (100 F.3d 506) (November 12, 1996) (Judge Joel L. Flaum) by Case held that there were substantial questions of fact whether a prison policy, prohibiting direct communications with Clemency Board, served any legitimate penological interests.

Warner v. Orange County Dept. of Probation, No. 93 Cov. 1544 (GLG) (S.D.N.Y.) (870 F.Supp. 69) (December 14, 1994) (Judge Gerard L. Goettel)

Article • January 1, 1994

Filed under: First Amendment, Punch And Jurists

Warner v. Orange County Dept. of Probation, No. 93 Cov. 1544 (GLG) (S.D.N.Y.) (870 F.Supp. 69) (December 14, 1994) (Judge Gerard L. Goettel) by Case held that motorist, who had been convicted of an alcohol-related driving offense, was entitled to bring a civil rights action against probation office for requiring …

McCormick v. Peterson, No. CV93-2157 (E.D.N.Y.) (1993 WL 566334) (December 1, 1993) (Judge Jack B. Weinstein)

Article • January 1, 1994

Filed under: First Amendment, Punch And Jurists

McCormick v. Peterson, No. CV93-2157 (E.D.N.Y.) (1993 WL 566334) (December 1, 1993) (Judge Jack B. Weinstein) by It is not surprising that this brief decision was never published - and is therefore generally unavailable as a precedent in most courts. A taxpayer filed his tax return by signing it "under …