Church and State	Criminal Justice	Discrimination	Due Process	Free Speech
Immigration	Open Government	Police Practices	Privacy	Students' Rights

Free Speech Court Cases

(page 2)

The First Amendment right of free speech is fundamental to American democracy. The RI ACLU protects this right through litigation that fights censorship and defends the right to petition the government.

page 1 | 2

Clavet v. Lincoln School Committee. (2004-2005)

FREEDOM OF SPEECH. Federal lawsuit alleging that a school district failed to hire a applicant for two art teacher positions because of her public criticism over the years, as a parent, of some school district practices. After a bench trial, the court ruled for the defendants. Cooperating Attorney: Jennifer Azevedo
News Release

Clean Water Action, Inc. v. Town of Johnston. (2004-2005)

FREEDOM OF SPEECH. Federal lawsuit challenging a town ordinance barring door-to-door charitable solicitation after 6 PM. A temporary restraining order was issued, and attorneys fees and damages were awarded in settlement of the case. Cooperating Attorney: Carolyn Mannis
Learn More

Carlow v. Mruk. (2003-2006)

FREEDOM OF SPEECH. Federal lawsuit challenging a “gag order” issued by a Coventry fire district chief against two firefighters after they publicly expressed fire-department related concerns about school safety. The defendants agreed to rescind the challenged policies in 2004. Attorneys fees were awarded after a contempt motion was filed against defendants in 2005 for failing to abide by the agreement . Cooperating Attorney: John W. Dineen
Learn More

Alves v. Palazzo. (2003-2004)

SLAPP SUIT. “Friend of the court” brief filed in this SLAPP suit appeal in support of a person who was sued by a state Senator for making critical comments about him in letters to the editor of the local paper; the R.I. Supreme Court upheld dismissal of the suit. Cooperating Attorney: Staci Kolb
News Release

State v. Bullivant. (2003-2004)

FREEDOM OF SPEECH. Defense representation of a person charged with obstructing police for allegedly notifying a restaurant owner that police were engaged in an undercover sting operation for underage drinking at local bars. Without reaching the First Amendment issues raised by the case, a judge dismissed the suit, finding that the defendant’s conduct did not constitute obstruction under the statute. Cooperating Attorneys: Charles Levesque, Nicholas Trott Long.
News Release

Arcouette v. Tiverton School Committee. (2002-2004)

FREEDOM OF SPEECH. Federal lawsuit challenging a school committee policy barring members of the public from making “charges” or “complaints” against school employees during the public comment portion of committee meetings. The defendants agreed not to enforce the ban pending further court proceedings. In 2004 the defendants revised the policy and paid attorneys fees. Cooperating Attorney: Jennifer Azevedo
News Release

Arruda v. Town of Bristol. (2002-2003)

FREEDOM OF SPEECH/PRIVACY. Federal lawsuit challenging a town ordinance which bars adults between the ages of 18 and 21 from being tattooed. Shortly after the suit was filed, the town repealed the ordinance and paid attorneys’ fees. Cooperating Attorney: Carolyn A. Mannis
News Release

Town of Barrington v. Calandrelli. (2002-2003)

FREEDOM OF SPEECH. Defense representation of gift store owners sued for violating town’s sign ordinance by displaying a life-sized cow statue outside their store. Defendants filed a counter-claim, arguing that the sign ordinance is unconstitutional. The Town agreed to dismiss the suit, allow the cow to stay, pay attorneys’ fees and review the sign ordinance for possible amendments. Cooperating Attorney: Carolyn Mannis
News Release | Counterclaim

Multnomah County Public Library v. USA. (2001-2003)

FREEDOM OF SPEECH. Federal lawsuit filed by the National ACLU, in which a Rhode Island-based web site is a named plaintiff, challenging the constitutionality of a federal law requiring libraries receiving federal funds to install “technology protection measures” on all their Internet access terminals in order to block access to sites that are “harmful to minors.” The Court struck down the statue in 2002. In 2003, the U.S. Supreme Court upheld the law’s constitutionality, while narrowing its scope. ACLU Attorneys: Ann Beeson, Christopher Hansen
Learn More

page 1 | 2

Free Speech Cases Over the Years

Highlights from court cases since the early 1970s in each of the areas below: