News & Commentary

Ruling in a case brought by the Rhode Island ACLU, a federal court has ruled unconstitutional a state law and regulations that allow billboard signs on buildings near highways only if the sign promotes an activity taking place on the property. The suit was on behalf of Anthony Joseph Vono and his business, Specialty Promotions, which was cited in 2005 by the R.I. Department of Transportation for having a billboard sign that advertised “off premises activity.” In supporting Vono’s First Amendment rights, U.S. District Judge William Smith found that the challenged state policies unconstitutionally gave greater protection to commercial speech than to political speech.

The Rhode Island ACLU today announced the favorable settlement of its lawsuit against the state and the Town of Richmond on behalf of Rhode Island Representative-Elect Rod Driver, whose political signs were repeatedly removed by town officials during a campaign for office in 2006.

In response to a Rhode Island ACLU lawsuit filed last week, U.S. District Judge Ernest Torres this morning entered a temporary restraining order (TRO) against enforcement of the Town of West Warwick’s political sign ordinance. The ordinance had been challenged by ACLU volunteer attorney Richard A. Sinapi on behalf of town resident and state legislative candidate Thomas K. Jones.

The Rhode Island ACLU today filed a federal lawsuit against the Town of West Warwick, challenging its discriminatory enforcement of an ordinance that significantly limits the posting of political signs in the town. The suit was filed by ACLU volunteer attorney Richard A. Sinapi on behalf of town resident Thomas K. Jones, who is both a state legislative candidate and an outspoken critic of plans to develop a water park in the town. The suit argues not only that the ordinance violates Jones’ freedom of speech, but also that it has been enforced against him by town officials in a discriminatory manner. Although signs that he has displayed have been cited for violating the ordinance, dozens of other political signs supporting other candidates have not been cited at all.

Ruling in an ACLU case, a federal judge has struck down a state law that was used by the Town of Richmond to repeatedly remove former Congressional candidate Rod Driver’s political signs from private property during the 2006 election. In a 25-page opinion, Judge William Smith agreed with the ACLU that the statute violated Driver’s First Amendment rights.

Supporting the public’s right to know, the Rhode Island ACLU has today filed a brief urging the R.I. Supreme Court to reverse the imposition of $15,000 in fines against Attorney General Patrick Lynch for public comments he made during the “lead paint public nuisance” case. The brief argues that the fines violated not only Lynch’s First Amendment right to free speech, but also the public’s right to hear the “views of attorneys concerning pending litigation in which the attorneys are involved.”

In an important victory for the public’s right to know, the R.I. Department of Corrections (DOC) has significantly modified regulations governing media access that it had proposed in September.  At the time, the ACLU had argued that the rules would “allow for a regime of censorship over the news media in their efforts to interview inmates and inform the public.” The revised regulations, being filed with the Secretary of State’s office this week, favorably address virtually every concern that the RI ACLU and others had raised in testimony to the DOC.

The ACLU of Rhode Island today announced a favorable settlement in its lawsuit against Rhode Island College for censoring a sign display supporting reproductive freedom that was sponsored by a student women’s rights group on campus. The signs were taken down after administrators received objections about them from a priest. The ACLU lawsuit, filed by volunteer attorney Jennifer Azevedo, had argued that the college violated the First Amendment rights of the student group, the Women’s Studies Organization (WSO) of RIC, and its three student officers. The highlight of the settlement is an award by RIC of $5,000 to the student group.

The R.I. Department of Corrections is holding a public hearing this Monday evening, September 10th on proposed regulations that the R.I. ACLU argues, in submitted testimony, would “allow for a regime of censorship over the news media in their efforts to interview inmates and inform the public.” The proposal under consideration is a significant revision of the DOC’s current rules governing media access.