News & Commentary

In what the ACLU of Rhode Island calls an “outrageous and shameful” attack on one of its own students, the Barrington School Committee has filed a lawsuit in R.I. Superior Court against a middle school student who successfully challenged before the Rhode Island Department of Education (RIDE) his three-day out-of-school suspension. In seeking to overturn RIDE’s decision, the school committee is demanding a recovery of its attorneys’ fees against the student and RIDE.

The R.I. Supreme Court has revised a court rule that favorably resolves objections that had been raised in a federal lawsuit filed last year by ACLU of Rhode Island cooperating attorneys on behalf of SouthCoast Fair Housing (SCFH), which had been prevented by the rule from providing legal help to victims of housing discrimination in RI. As a result of the revisions, SCFH will be dismissing the suit.

The ACLU of Rhode Island has called on the Narragansett Town Council to table a proposed discussion of an ordinance tonight that would bar members of the public from making "personal" or "slanderous" remarks, or becoming "boisterous," during the public comment portion of Council meetings.

The ACLU of Rhode Island today announced the favorable resolution of a lawsuit it filed in May, challenging the state Division of Taxation’s position that a special sales tax exemption for Rhode Island authors applied only to works of fiction, and not to non-fiction, because non-fiction was not considered “creative and original.” The lawsuit argued that making such a distinction on the content of the work violated the First Amendment’s guarantees of freedom of speech and freedom of the press. The ACLU dismissed the case today after confirming that the authors who applied for exemptions since the suit was filed have had them granted by the Division.

The ACLU of Rhode Island today has added new constitutional claims to a lawsuit it filed in May against the State, challenging the state Division of Taxation’s position that a special sales tax exemption for Rhode Island authors applies only to works of fiction, and not to non-fiction, because non-fiction is not “creative and original.” The lawsuit, filed by ACLU of RI cooperating attorney Lynette Labinger, continues to argue that making such a distinction on the content of the work violates the First Amendment’s guarantees of freedom of speech and freedom of the press, but adds new claims in light of troubling developments since the suit’s original filing.

Calling it “one of the most damaging decisions affecting the public’s right to know that has been issued, and a significant obstacle to holding police departments accountable,” the ACLU of Rhode Island has launched a two-pronged attack on a 2017 Attorney General ruling that allows police to keep secret some of its reports of police misconduct. In simultaneous appeals to the Rhode Island Supreme Court and the Attorney General, ACLU of RI cooperating attorney James Cullen is asking for a reversal of that ruling.

The ACLU of Rhode Island today filed a federal lawsuit to challenge the constitutionality of a 110-year-old statute that declares inmates serving life sentences at the ACI to be “dead in all respects” with respect to “all civil rights.” The lawsuit, filed in U.S. District Court by ACLU cooperating attorneys Sonja Deyoe and Lynette Labinger, is on behalf of two ACI inmates who are barred from pursuing legal actions against the Department of Corrections in court because of the “civil death” law. According to the lawsuit, Rhode Island may be the only state in the country still enforcing a law like this, whose origins date back to ancient English common law.

In a case raising important First Amendment issues for the Internet age, the ACLU of Rhode Island has taken on the defense of a Massachusetts blogger who was ordered by a Rhode Island Superior Court judge to “immediately remove” from his website “any and all posts, blogs, and comments” regarding a person who sued him for libel, without even hearing from the internet publisher.  Considering the court order a classic example of censorship, ACLU of Rhode Island cooperating attorney Lynette Labinger has removed the case to federal court for adjudication.

The ACLU has asked the R.I. Supreme Court to overturn a Superior Court ruling that upheld the constitutionality of a problematic Providence housing ordinance that prohibits more than three “college students” from living together in certain housing in some areas of the city.  In her February 2018 decision, Superior Court Judge Maureen Keough acknowledged “strong reservations concerning the effectiveness” of the ordinance and agreed it “seems nonsensical,” but ultimately ruled against the students and found the ordinance constitutional. However, in a brief filed with the Supreme Court this week, ACLU attorneys argue that the ordinance unconstitutionally “relegates anyone enrolled in college or graduate school to the status of second-class citizen within the City of Providence.”