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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Ten years ago today, 12-year-old Tamir Rice was shot by Cleveland police while holding a toy gun, sparking national protests for police reform.
Today, a Detroit man who spent nine years wrongfully imprisoned has turned his own experience into a force for change.
Eric Anderson, wrongfully convicted of armed robbery in 2010 at age 20, was exonerated in 2019. He's now cofounder of the Organization of Exonerees, a nonprofit supporting those who are wrongfully convicted. Anderson said his own testimony helps train police officers.
"With the hope that them hearing our stories, they can approach their job cautiously," Anderson explained. "We also let them know, 'If y'all do nefarious things, it's going to come back and bite y'all.' Keep it clean across the board. Don't plant evidence, don't lie, don't try to take away stuff in order to get a conviction."
At the time of the crime he was accused of, evidence revealed Anderson was more than 10 miles away at a restaurant, where he'd been shot in the foot as a bystander to an altercation. Experts believe 1% to 3% of people in prison nationwide could be innocent, which may mean up to 1,000 people in Michigan are wrongfully incarcerated.
After a four-year effort, Anderson and other advocates for safer policing are making a final push in Michigan's lame-duck legislative session, for the Police Improvement and Community Relations Bill Package, which includes guidelines for police use of force, would boost transparency in investigations and improve training on de-escalation and bias.
Anderson loves the proposals, mainly for their focus on officer training and de-escalation.
"Being an officer of the law and a person that's here to serve and protect us, you're supposed to be fluent in the skills of de-escalation," Anderson contended. "Trying to calm somebody down so you can come to the conclusion about what's really going on and the next course of action."
As of 2023, Michigan's compensation fund has given more than $50 million to exonerees, although delays persist for some in getting support.
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Cities and states are struggling with mounting homelessness, and West Virginia is no exception.
A recent report points to potential solutions and immediate actions local governments can take to reduce the number of people on the streets.
A different report, released this year by the state's Department of Human Services, found homelessness is up by 24% compared to 2021.
Providing jobs such as trash cleanup for homeless individuals, and managing public spaces, are effective - said Lisel Petis, senior fellow at the R Street Institute.
She said in several states local organizations are working with businesses to create safe designated places for people living in cars to go at night.
"One that I've spoken with where they have seen success in working with businesses and using parking lots and giving people some privacy," said Petis, "so that they can transition from their car back into houses."
According to the state report, nearly 60% of individuals experiencing homelessness were male, and nearly half were between the ages of 25 and 44.
Thirteen percent identified themselves as Black or African American.
Petis added that while encampment sweeps reduce the spread of disease and reduce pollution, they can also displace people without offering viable alternatives and destroy personal belongings and important documents - increasing barriers to long-term stability for unhoused people.
She said she believes the surge of anti-camping laws popping up across the nation is a knee-jerk reaction to a complex and long-simmering problem.
"Homelessness across the nation has been growing year over year since about 2016," said Petis, "so we know that just by kind of slapping a band aid on isn't going to stop this growing issue."
According to a 2019 report from the National Homelessness Law Center, 72% of the 187 cities surveyed had at least one law enforcing public camping bans, a 92% increase from 2006.
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New federal data show aggravated assaults are up in Kentucky by 7.2%, but other types of violent crime have gone down.
Overall, violent crime in Kentucky remains much lower compared to the nation as a whole, said Ashley Spalding, research director at the Kentucky Center for Economic Policy.
"When you compare 2023 to that 2021 peak for violent crime," she said, "we see it's come down significantly since then."
A 2022 Bureau of Justice Statistics survey found younger people and people with lower incomes are far more likely to report being the victim of a violent crime than are higher-income people.
Spalding said laws such as House Bill 5, which lawmakers passed earlier this year, will drive up the number of people in the state's prisons and jails without addressing the root cause of crime.
"High rates of incarceration in communities are associated with higher rates of overdose deaths," she said. "The more that states make harsher criminal penalties for opioids like fentanyl, can put communities more at risk."
She said the policies in the bill are expected to cost the state an estimated $1 billion over the next decade. That money, she contended, could go toward health care, shelters and other resources that help communities.
"It would be the wrong direction for Kentucky to pass more harmful, harsh, regressive criminal legal system policies in 2025," she said.
According to the Pew Research Center, at least 60% of U.S. adults have said they believe there is more crime nationally than there was the year before, despite an ongoing downward trend in crime rates.
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