Joy
12-17-2002, 07:48 AM
ARIZONA:
Judge Orders Halt to Arizona Law that Censored Anti-Death Penalty Web Sites
FOR IMMEDIATE RELEASE
CONTACT: Eleanor Eisenberg, ACLU of AZ (602) 650-1967 ---- Kara Gotsch,
Nat'l Prison Project (202) 393-4930
In Phoenix, citing fears of "irreparable harm" to the First Amendment, a
federal judge today halted enforcement of an Arizona law that bars all
information about state prisoners from the global Internet and bans
communication between prisoners and organizations that may publish
information about them on their web sites.
"Arizona's attempt to censor Internet content was a frightening step
toward government repression of free speech," said Eleanor Eisenberg,
Executive Director of the American Civil Liberties Union of Arizona,
which along with the ACLU's National Prison Project had challenged the
law. "Today's court order puts a timely and immediate stop to this
ill-conceived law."
Acting on behalf of anti-death penalty and other advocacy groups, the
ACLU filed the lawsuit, Canadian Coalition Against the Death Penalty v.
Terry L. Stewart, in federal district court in July seeking to invalidate
the speech ban. Under the law, prisoners were barred from corresponding
with a "communication service provider" or "remote computing service" and
faced discipline if any person outside prison walls accessed a provider
or service website at a prisoner's request.
Today's decision blocks Department of Corrections officials from
continuing to punish prisoners found in violation of the law. According
to recent reports, corrections officials had demanded that prisoners have
their names and case information removed from advocacy web sites or face
prison discipline and possible criminal prosecution. Ironically,
prisoners would have been in violation of the statute by communicating
with a service provider or website when requesting to have their
information removed.
"Putting free speech behind bars simply because it concerns prisoners
sets a dangerous precedent," said David C. Fathi, staff counsel with the
ACLU's National Prison Project and co-counsel on the suit. "Today's
decision makes clear that Arizona may not jail the Internet."
The ACLU's organizational clients are the Canadian Coalition Against the
Death Penalty, which has information about 45 Arizona prisoners on its
website; Stop Prisoner Rape, a group that seeks to end sexual violence
against individuals in detention; and Citizens United for Alternatives to
the Death Penalty, a group that organizes public education campaigns with
the intention of abolishing the death penalty. All of the ACLU's clients
maintain websites with prisoner information.
Today's ruling marks the second time in recent months that a court has
rejected attempts by state prison officials to restrict prisoner speech
online. In September, a U.S. district court judge in California ruled
that prisoners have a First Amendment right to receive mail that contains
material printed from the Internet. The ACLU of Northern California and
the Prison Law Office brought that case, Clement v. California Department
of Corrections, on behalf of Pelican Bay prisoner Frank Clement.
Fathi of the ACLU's National Prison Project, Ann Beeson of the ACLU's
Technology and Liberty Program and Alice Bendheim and Pamela K.
Sutherland of the ACLU of Arizona are all serving as co-counsel in the
Arizona case.
The ACLU legal complaint is online at http://www.aclu.org/court/stewart.pdf
The ACLU's letter to the Arizona Department of Corrections is online at
http://www.aclu.org/news/2002/stewart_letter.pdf
Judge Orders Halt to Arizona Law that Censored Anti-Death Penalty Web Sites
FOR IMMEDIATE RELEASE
CONTACT: Eleanor Eisenberg, ACLU of AZ (602) 650-1967 ---- Kara Gotsch,
Nat'l Prison Project (202) 393-4930
In Phoenix, citing fears of "irreparable harm" to the First Amendment, a
federal judge today halted enforcement of an Arizona law that bars all
information about state prisoners from the global Internet and bans
communication between prisoners and organizations that may publish
information about them on their web sites.
"Arizona's attempt to censor Internet content was a frightening step
toward government repression of free speech," said Eleanor Eisenberg,
Executive Director of the American Civil Liberties Union of Arizona,
which along with the ACLU's National Prison Project had challenged the
law. "Today's court order puts a timely and immediate stop to this
ill-conceived law."
Acting on behalf of anti-death penalty and other advocacy groups, the
ACLU filed the lawsuit, Canadian Coalition Against the Death Penalty v.
Terry L. Stewart, in federal district court in July seeking to invalidate
the speech ban. Under the law, prisoners were barred from corresponding
with a "communication service provider" or "remote computing service" and
faced discipline if any person outside prison walls accessed a provider
or service website at a prisoner's request.
Today's decision blocks Department of Corrections officials from
continuing to punish prisoners found in violation of the law. According
to recent reports, corrections officials had demanded that prisoners have
their names and case information removed from advocacy web sites or face
prison discipline and possible criminal prosecution. Ironically,
prisoners would have been in violation of the statute by communicating
with a service provider or website when requesting to have their
information removed.
"Putting free speech behind bars simply because it concerns prisoners
sets a dangerous precedent," said David C. Fathi, staff counsel with the
ACLU's National Prison Project and co-counsel on the suit. "Today's
decision makes clear that Arizona may not jail the Internet."
The ACLU's organizational clients are the Canadian Coalition Against the
Death Penalty, which has information about 45 Arizona prisoners on its
website; Stop Prisoner Rape, a group that seeks to end sexual violence
against individuals in detention; and Citizens United for Alternatives to
the Death Penalty, a group that organizes public education campaigns with
the intention of abolishing the death penalty. All of the ACLU's clients
maintain websites with prisoner information.
Today's ruling marks the second time in recent months that a court has
rejected attempts by state prison officials to restrict prisoner speech
online. In September, a U.S. district court judge in California ruled
that prisoners have a First Amendment right to receive mail that contains
material printed from the Internet. The ACLU of Northern California and
the Prison Law Office brought that case, Clement v. California Department
of Corrections, on behalf of Pelican Bay prisoner Frank Clement.
Fathi of the ACLU's National Prison Project, Ann Beeson of the ACLU's
Technology and Liberty Program and Alice Bendheim and Pamela K.
Sutherland of the ACLU of Arizona are all serving as co-counsel in the
Arizona case.
The ACLU legal complaint is online at http://www.aclu.org/court/stewart.pdf
The ACLU's letter to the Arizona Department of Corrections is online at
http://www.aclu.org/news/2002/stewart_letter.pdf