ACLU Challenges Arizona Law Censoring Death Penalty Sites, Sensei Enterprises, August 2002.
ACLU CHALLENGES ARIZONA LAW CENSORING DEATH PENALTY SITES
On July 18th, the American Civil Liberties Union, acting on behalf of
anti-death penalty and other advocacy groups, filed a suit in Arizona
federal district court seeking to overturn a state law that bans all
information about Arizona prisoners from the Internet. The lawsuit,
Canadian Coalition Against the Death Penalty v. Terry L. Stewart, was
brought on behalf of three prisoners' rights groups against the Arizona
Department of Corrections, which is responsible for enforcing this law.
The law (Arizona House Bill 2376) also bars prisoners from corresponding
with a "communication service provider" or "remote computing service" and
disciplines prisoners if any person outside prison walls accesses a
provider or service website at a prisoner's request. The groups
represented by the ACLU include 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. Recent state agency notices
demand that prisoners have their names and case information removed from
advocacy websites or face prison discipline and possible criminal
prosecution. The ACLU's complaint alleges that the legislation in question
has the effect of suppressing the flow of information about prisoners to
the outside world and stifles the advocacy efforts of the ACLU's clients
and other anti-death penalty and prisoner rights organizations. The
complaint in the case may be found at
http://www.aclu.org/court/stewart.pdf