City Paper joins in federal lawsuit against 'Mumia' law
Please note: This article is published as an archive copy from Philadelphia City Paper. My City Paper is not affiliated with Philadelphia City Paper. Philadelphia City Paper was an alternative weekly newspaper in Philadelphia, Pennsylvania. The last edition was published on October 8, 2015.
The law could have a chilling effect on our reporting on criminal-justice issues.
City Paper and senior staff writer Daniel Denvir are plaintiffs in a lawsuit filed today in U.S. District Court in Harrisburg contending that a new state law restricting the free speech rights of criminal offenders is unconstitutional.
The suit challenges the “Revictimization Relief Act,” which was passed hurriedly in October and described at its signing as a means “to keep people like the murderer Mumia Abu-Jamal silent.” The measure, the House Judiciary Committee's attorney suggested, could also be used to stop journalists from publishing material using quotes from criminal offenders.
Lawmakers who passed the legislation were outraged that Abu-Jamal, convicted of killing Philadelphia police officer Daniel Faulkner, was invited to give a recorded commencement speech at Abu-Jamal’s alma mater, Goddard College.
Lawyers for the Pennsylvania American Civil Liberties Union and Pepper Hamilton law firm prepared the suit on behalf of 11 plaintiffs, including City Paper and Denvir. The suit names state Attorney General Kathleen Kane and Philadelphia District Attorney Seth Williams as defendants in their official capacities.
The plaintiffs claim the law violates First Amendment free speech protections and also due process rights. City Paper is particularly concerned that it could chill or block criminal offenders from providing interviews to journalists on issues related to criminal justice, or even allow a judge to restrain media outlets from publishing.
The ACLU said it a press release that the law stifles public debate on critical issues, such as poor prison conditions, mandatory life sentences for juveniles and innocence claims.
The law is overbroad, the complaint alleges, because it permits victims (and family members or prosecutors acting on their behalf) to ask courts to enjoin speech by a criminal offender that causes “mental anguish” to victims of crime or otherwise “perpetuates the continuing effect of the crime on the victim.” The suit contends the law is unconstitutional because it is vague, regulates free speech based on its content and authorizes the court to impose a prior restraint on free speech.
“While we are sympathetic to the feelings of all victims of crime, we must vigorously oppose this law because it could clearly have a chilling effect on our ability to interview current and former prisoners. These interviews are fundamental to our coverage of criminal-justice issues,” said Lillian Swanson, editor in chief of City Paper.
The suit points out that while many laws are the product of months or years of work, Gov. Tom Corbett signed this bill into law just three weeks after it was introduced in the legislature.
On Sept. 29, Goddard College announced Abu-Jamal would be its speaker. A day later, Faulkner’s widow, Maureen, told Fox News that she was “absolutely outraged that they would have such a hate-filled murderer” as its graduation speaker. On Oct. 2, state Rep. Mike Vereb introduced the legislation and the House passed it unanimously on Oct. 15. The state Senate approved the bill a day later and Corbett signed it into law on Oct. 21.
