Search | Punch and Jurists

Doe v. Prosecutor, Marion County, No. 12-2512 (7th Cir.) (705 F.3d 694) (January 23, 2013) (Judge Joel L. Flaum)

Article • February 4, 2013 • from P&J February, 2013

Filed under: First Amendment, Punch And Jurists

Doe v. Prosecutor, Marion County, No. 12-2512 (7th Cir.) (705 F.3d 694) (January 23, 2013) (Judge Joel L. Flaum) by In this case, the Seventh Circuit struck down, as unconstitutional, a recent Indiana statute that prohibits most registered sex offenders from using social networking websites, instant messaging services, and chat …

Marcavage v. City of New York, No. 10-4355-cv (2nd Cir.) (689 F.3d 98) (August 2, 2012) (Judge Dennis G. Jacobs)

Article • December 1, 2012

Filed under: First Amendment, Punch And Jurists

Marcavage v. City of New York, No. 10-4355-cv (2nd Cir.) (689 F.3d 98) (August 2, 2012) (Judge Dennis G. Jacobs) by In plaintiffs' suit under 42 U.S.C. section 1983, arising from their arrest while protesting at the 2004 Republican National Convention at Madison Square Garden, district court's grant of summary …

U.S. v. Stewart, No. 10-3185 (2nd Cir.) (686 F.3d 156) (June 28, 2012) (Judge Robert D. Sack)

Article • July 9, 2012 • from P&J July, 2012

Filed under: First Amendment, Punch And Jurists

U.S. v. Stewart, No. 10-3185 (2nd Cir.) (686 F.3d 156) (June 28, 2012) (Judge Robert D. Sack) by Sentence for convictions of conspiracy to defraud the US, 18 U.S.C. § 371, conspiracy to provide and to conceal the provision of material support to a conspiracy to kill and kidnap persons …

Reichle v. Howards, No. 11-262 (U.S. Supreme Court) (566 U.S. 658; 132 S.Ct. 2088) (June 4, 2012) (Justice Thomas)

Article • June 11, 2012 • from P&J June, 2012

Filed under: First Amendment, Punch And Jurists

Reichle v. Howards, No. 11-262 (U.S. Supreme Court) (566 U.S. 658; 132 S.Ct. 2088) (June 4, 2012) (Justice Thomas) by Here the Court unanimously ruled against a protester who said his free speech rights had been violated when Secret Service agents arrested him after he made critical remarks about the …

U.S. v. Kelly, No. 11-1421 (8th Cir.) (677 F.3d 373) (May 7, 2012) (Judge C. Arlen Beam)

Article • May 14, 2012 • from P&J May, 2012

Filed under: First Amendment, Punch And Jurists

U.S. v. Kelly, No. 11-1421 (8th Cir.) (677 F.3d 373) (May 7, 2012) (Judge C. Arlen Beam) by This case is noted for Judge Bye’s dissent in which he blasted the majority for routinely approving a “thoughtless" special condition of supervised release that prohibited the defendant, from possessing “legal or …

In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (842 F.Supp.2d 232) (February 8, 2012) (Judge Emmet G. Sullivan)

Article • February 20, 2012 • from P&J February, 2012

Filed under: First Amendment, Punch And Jurists

In Re Special Proceedings, No. 09-0198 (EGS) (D.D.C.) (842 F.Supp.2d 232) (February 8, 2012) (Judge Emmet G. Sullivan) by Here the Court ordered the release of a 500-page special Report on the “pervasive” prosecutorial misconduct that “permeated” the trial of former Sen. Ted Stevens of Alaska, stating it would be …

U.S. v. Strandlof, No. 10-1358 (10th Cir.) (667 F.3d 1147) (January 27, 2012) (Judge Timothy M. Tymkovich)

Article • February 6, 2012 • from P&J February, 2012

Filed under: First Amendment, Punch And Jurists

U.S. v. Strandlof, No. 10-1358 (10th Cir.) (667 F.3d 1147) (January 27, 2012) (Judge Timothy M. Tymkovich) by In 2006, Congress enacted the Stolen Valor Act, 18 U.S.C. § 704(b) (herein the “SVA”), which makes it a Federal crime for anyone to “falsely represent[ ] . . . verbally or …

U.S. v. Hotaling, No. 09-3935-cr (2nd Cir.) (634 F.3d 725) (February 28, 2011) (Judge Jane A. Restani)

Article • December 1, 2011

Filed under: First Amendment, Punch And Jurists

U.S. v. Hotaling, No. 09-3935-cr (2nd Cir.) (634 F.3d 725) (February 28, 2011) (Judge Jane A. Restani) by Conviction and sentencing of defendant pursuant to 18 U.S.C. §§ 252A(a)(5)(8) and 2256(8)(C) affirmed because child pornography created by digitally altering sexually explicit photographs of adults to display the face of a …

U.S. v. Thielemann, No. 08-2335 (3rd Cir.) (575 F.3d 265) (August 3, 2009) (Judge Leonard I. Garth)

Article • July 1, 2009 • from P&J July, 2009

Filed under: First Amendment, Punch And Jurists

U.S. v. Thielemann, No. 08-2335 (3rd Cir.) (575 F.3d 265) (August 3, 2009) (Judge Leonard I. Garth) by Here the Court upheld two broad special conditions of supervised release in a child pornography case, one banning access to the Internet for ten years and the other banning the possession or …

Fontroy v. Beard, No. 07-2446 (3rd Cir.) (559 F.3d 173) (March 10, 2009) (Judge D. Brooks Smith)

Article • April 1, 2009 • from P&J April, 2009

Filed under: First Amendment, Punch And Jurists

Fontroy v. Beard, No. 07-2446 (3rd Cir.) (559 F.3d 173) (March 10, 2009) (Judge D. Brooks Smith) by In this decision, the Third Circuit upheld a new prison mail policy implemented by the Pennsylvania Department of Corrections (DOC) in 2002 which effectively allowed prison officials to open mail addressed from …

Doe v. Shurtleff, No. 1:08-CV-64 TC (D.Utah) (2008 U.S. Dist. LEXIS 73787) (September 25, 2008) (Judge Tena Campbell)

Article • September 1, 2008 • from P&J September, 2008

Filed under: First Amendment, Punch And Jurists

Doe v. Shurtleff, No. 1:08-CV-64 TC (D.Utah) (2008 U.S. Dist. LEXIS 73787) (September 25, 2008) (Judge Tena Campbell) by Here the Court held that a Utah state statute that is based on the Adam Walsh Act and which requires sex offenders to register their Internet screen names and passwords violates …

Jordan v. Pugh, No. 02-cv-01239-MSK-PAC (D.Colo.) (504 F.Supp.2d 1109) (August 9, 2007) (Judge Marcia S. Krieger)

Article • October 1, 2007 • from P&J October, 2007

Filed under: First Amendment, Punch And Jurists

Jordan v. Pugh, No. 02-cv-01239-MSK-PAC (D.Colo.) (504 F.Supp.2d 1109) (August 9, 2007) (Judge Marcia S. Krieger) by Here the Court held that the BOP's 28-year old rule (set forth in 28 C.F.R. § 549.20(b)), which prohibits inmates from publishing under a byline unconstitutionally violates the First Amendment; and it enjoined …

Branzburg v. Hayes, No. 70-85 (U.S. Supreme Court) (408 U.S. 665; 92 S.Ct. 2646) (June 29, 1972) (Justice White)

Article • October 18, 2005

Filed under: First Amendment, Punch And Jurists

Branzburg v. Hayes, No. 70-85 (U.S. Supreme Court) (408 U.S. 665; 92 S.Ct. 2646) (June 29, 1972) (Justice White) by In this case, reporters in three consolidated cases argued that their newsgathering activities were protected by a qualified First Amendment privilege, pursuant to which: "[a] reporter should not be forced …

Jordan v. Pugh, No. 04-1095 (10th Cir.) (425 F.3d 820) (September 21, 2005) (Judge Michael W. McConnell)

Article • October 1, 2005 • from P&J October, 2005

Filed under: First Amendment, Punch And Jurists

Jordan v. Pugh, No. 04-1095 (10th Cir.) (425 F.3d 820) (September 21, 2005) (Judge Michael W. McConnell) by Among the many regulations promulgated by the Federal Bureau of Prisons (BOP) is one entitled “Inmate correspondence with representatives of the news media,” which prohibits inmates from acting as a reporter or …

King v. Federal Bureau of Prisons, No. 03-2431 (7th Cir.) (415 F.3d 634) (July 13, 2005) (Judge Richard A. Posner)

Article • August 1, 2005 • from P&J August, 2005

Filed under: First Amendment, Punch And Jurists

King v. Federal Bureau of Prisons, No. 03-2431 (7th Cir.) (415 F.3d 634) (July 13, 2005) (Judge Richard A. Posner) by This decision contains a rare and detailed discussion of the BOP’s “no business” regulation (28 C.F.R. § 540.14(d)(4)), which prohibits prisoners from conducting business from prison. The plaintiff, Anthony …

Jacklovich v. Simmons, No. 03-3227 (10th Cir.) (392 F.3d 420) (December 21, 2004) (Judge Paul J. Jr. Kelly)

Article • December 1, 2004 • from P&J December, 2004

Filed under: First Amendment, Punch And Jurists

Jacklovich v. Simmons, No. 03-3227 (10th Cir.) (392 F.3d 420) (December 21, 2004) (Judge Paul J. Jr. Kelly) by Prison Legal News (PLN) has won another victory in one of its many challenges to prison regulations designed to restrict the distribution of its monthly publication to inmates. The Kansas Department …

Virginia v. Black, No. 01-1107 (U.S. Supreme Court) (538 U.S. 343; 123 S.Ct. 1536) (April 7, 2003) (Justice O'Connor)

Article • March 1, 2003 • from P&J March, 2003

Filed under: First Amendment, Punch And Jurists

Virginia v. Black, No. 01-1107 (U.S. Supreme Court) (538 U.S. 343; 123 S.Ct. 1536) (April 7, 2003) (Justice O'Connor) by In this case, the Supreme Court addressed the emotionally-charged topic of cross burning - a tactic long used by the Ku Klux Klan (KKK) and one which Justice Thomas described …

First Defense Legal Aid v. City of Chicago, No. 02-3376 (7th Cir.) (319 F.3d 967) (February 19, 2003) (Judge Frank H. Easterbrook)

Article • February 1, 2003 • from P&J February, 2003

Filed under: First Amendment, Punch And Jurists

First Defense Legal Aid v. City of Chicago, No. 02-3376 (7th Cir.) (319 F.3d 967) (February 19, 2003) (Judge Frank H. Easterbrook) by In December, we noted the predecessor decision in this case, which was reported at 225 F.Supp.2d 870 (N.D.Ill. 2002) (P&J, 12/16/02) (“Legal Aid I”). In that case, …

First Defense Legal Aid v. City of Chicago, No. 01 C 9671 (N.D.Ill.) (225 F.Supp.2d 870) (September 9, 2002) (Judge Milton I. Shadur)

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

Filed under: First Amendment, Punch And Jurists

First Defense Legal Aid v. City of Chicago, No. 01 C 9671 (N.D.Ill.) (225 F.Supp.2d 870) (September 9, 2002) (Judge Milton I. Shadur) by This case deals with the rights under the First Amendment of non-suspect, potential witnesses to consult with counsel - which rights, the Court explained, are at …

Kleindienst v. Mandel, No. 71-16 (U.S. Supreme Court) (408 U.S. 753; 92 S.Ct. 2576) (June 29, 1972) (Justice Blackmun)

Article • August 28, 2002

Filed under: First Amendment, Punch And Jurists

Kleindienst v. Mandel, No. 71-16 (U.S. Supreme Court) (408 U.S. 753; 92 S.Ct. 2576) (June 29, 1972) (Justice Blackmun) by The respondent in this case, Ernest Mandel, a self-proclaimed "revolutionary Marxist" and Belgian citizen, sought entry into the United States to speak at a conference at Stanford University. (Id., at …