Table Of Content

IN TIE UNITED STATES DISTRICT COURL FOR THE MIDDLE DISTRICT OF PENNSYLVANIA PRISON LEGAL NEWS, DANIEL : IVI. ACTION DENVIR, PHILADELPHIA CITY PAPER, CHRISTOPHER MORAFF, PENNSY_VANLA PRISON SOCIETY, SOLITARY WATCH, PROFESSOR REGINA AUSTIN, STEVEN BLACKBURN, WAYNE JACOBS. EDWIN DESAMOUR, and WILLIAM. cops, Plaintit, No. KATHLEEN KANE, in her capacity as ‘Attomey General of Pennsylvania, and R. SETH WILLIAMS, in his cepacity as District Attomey of Philadelphia County, Defendants. COMPLAINT PRELIMINARY STATEMENT 1. On October 21, 2014, then-Pennsylvania Governor Tom Corbett signed into law a state that violales the de process and First Amendment rights ofa broad array uf individuals and organizations. 2. Dubbed the “Revietimization Relief Act” by its unprecedented statute, 18 Pa, C.S. § 11.1304, is more aecurate.y described as the “Silencing Act.” Indeed, at its signing, the Act was referred to as a means “to keep people like the murderer Mumia Abu-Jamal silenl.” 3. While the Sileaving Act was drafted in response to the graduating, class of Goddard Coilege’s choice of Abu-Jamal ns its eommeacemient speaker, the ‘Act's impact exterds far beyond just Abu-Jamal. In fact, the Silencing Act permits courts 1o enjoin and penalize any speech or other conduct by an o"Tender” (undefined) that causes “mental anguish” to a personel injury erime *vietin” (broadly define) or otherwise “perpetuates the continuing effeet of the erime on the victim” (not otherwise defined). 4, Further, according te the legislative history, the Act applies vo third parties who publish such speceh. Plaintiffs are eleven individuals and organ’zations ensnared by the Silencing Act's broed and vague sweep. Buch engages in speech that itis in the public’s interest to encourage, not silence. Seven of the eleven are third parties who rely on and publish speech by individuals convicted of personel injury crimes, in order to inform the publie and spur government action regarding issues of public concern, Those issues include wrongful convictions, prison concitions, penal policy, juvenile life without parole, and clemency. The other four Plaintiff’ are individuals formerly ineaverated for personal injury crimes who share their own, experiences with a wide range of audiences to help reduce crime and facilitate suezessfil prisoner reentry. 6 To eliminate the threat the Silencing Act poses 10 them end so many others, Plaintiffs bring this action under 42 U.S.C. § 1983, seeking a declaretion that the Act is unconstitutional and an injunction agsinst its enforcement. As demonstrated below, the Sileneing Act is unconstitutional in at least four different ways. 2 First, the Silencing Act is unconstitutionally vague, as a potential target can only guess what conduct or even whose eonduct—Lalls ‘within the statute's seope, » Second, the Silencing Act unconstituionally regulues speech, based on its content, without any compelling goverameat interest as a justificatior Third, the Silencing Act is anconstitutionally overbroad, us most, if not all, of its applications impermissibly restrict protected speech. a. Fourth, the Silencin; ct mgonstitutionally authorizes courts to impose a prior restraint on speech—which, as the Supreare Court has observed, is the most serious ard incolerable inlringement oa First Amendment rights. JURISDICTION & VENUE 7, This Coart has jurisdiction over th's action under 28 U.S.C. §§ 133 and 1343 because this suit raises federal questions under 42 1/.S.C, § 1983 and under the First and Fourteenth Amendments to the United States Constitution 8. Verue is proper in the Midéle District of Pennsylvania under 28 U.S.C. §§ 1391(@) anc 139: (b), a8 a substantial part of the events giving rise to this action occurred in this District und Defendant Kane resides in this District THE PARTIES 9, Plaintifts Prison Legal News, Daniel Denvir, Philadelohia City Paper. Christosher Moraff, Pennsylvania Prison Society, Solitary Watea, and Professor [Regina Austin rely on and publish saeech Dy individuals convieted of personel injury crimes {as defined [or purposes of the Silencing Act) to convey information of publ’e concem. Prison Legal News, the City Paper, the Prison Sociery"s Ciru.erltiends” newsletter, and Solitary Watch ase publications that feature content that is weitten by or quotes Penasylvania inmates convicted of personal injury crimes, Denvir, a City Paper senior siall writer who focuses on erimixal justice issues, and Moral’ a freelance criminal justice journalist, are both working oa long-term pice ‘hat would feature interviews with and comments from, Pennsylvania iama:es convicted of personal injury crimes, Professor Austin runs University of Pennsylvania Lew School program that, to sup2ort clemency applications of Pennsylvania prisoners, creates videos that contain oral or weitien testimonials by the prisoners themse'ves. ‘These seven organizations and individuals all reasonably fear that the Silencing Act will be used te enjoin or penalize the'r publcation offender speech and that she Ac; will chill offenders from speasing with taem—whether through interviews, written submissions, or otherwise 10, Plaintiffs Steven Blackburn, Wayne Jacobs, Fdwin Desamour, and Willian: Cobb were former y incarcerated lor personal injur y crimes of which they ‘were convieted in Philadelphia County —first-degree :nurder, involuntary manslaugater, third-degree murder, and ‘cidnapping and robbery, respectively. Since being released from prison, they have drawn on their personal experiences swith the justice system to become community leaders working to reduce crime. ‘Through a combination of direct service and advocacy, they and the organizations they nave (yunded and run have striven to help at-risk youth avoid lives of exime and to help those returning from prison reintegrate into their communities and avoid recidivism. Public speaking—through presentations, lectures, panel appearances, media interviews, legislative testimony, dneumentaries, and mor akey component of their eflorts, Hach of these four individuals reasonably fears that the Silencing Act will be uscd to enjoin or penalize such speech. Il. Defendant Katileen Kane is the Attomey Ceneral of the Commonwealth of Peunsylyania and is sued in her official capacity. Defendant Kane, as Attomey General, acts under color of stete law and has the authority to file suit under the Silencing Act, See 18 Pa. C.S. § 11.1304(b). 12. Detendent R, Seth Williams is the Distriet Attorney of Philadelphia and is sued in his official capacity. Defendant Williams, as Tistric: Attomey, wets under color of state Law and has the authority to file suit under the Silereing Act See 18 Pa. CS, § 1113040). THE SILENCING ACI°S BROAD AND UNCLEAR SWEEP 13. Signed into law on October 21, 2014, as an amendment to Pennsylvania's 1998 Crime Vietims Act, the Silencing Act provides in ful: (a) ACTION. Tn uddition to any other rigat of netion and any other remedy provided by law, a victim of a personal injury crime may bring a civil action against an offender in any court of competent jurisdiction to odtsin injunctive and other appropriate relict, including reasonsbsle attamey fees and other costs associated with, the litigat‘on, for conduct which perpetuates the continuing effect of the erime on the vies. More fulsome descriptions of Plaiatiffs ané the Silencing Act's effect on them are at Paregraphs 47-150 (6) REDRESS ON BEHALF OF VICTIM. The district atlomey of the county in which a personal injury crime took place or the Attorney General, after consul.ing with the district storey, ciay institute a civil accion against an offender for injunctive or other appropriate relief for conduct which perpetuates the continuing effect of the crime ou the vietim. (©) INIUNCTIVE RELIEF. Upon a showing of case fer the issuance of njumetive relief, a court may issue special, preliminary, permanent of any other injanetive relief as may be approp-iate under this section, (c) DEFINITION. As used in this seetion, the term “conduct which perpetuates the continuing effect of the cerime on the victim” includes conduct which causes a temporary or permanent state of mertal anguish, 18 Pa, CS, § 11.1304, 14, As this reproduction of its entire text makes clear, the Silencing Act dues sot éefine the lerm “offender.” Nor Goes the rest of the Crime Vietims Act 15. While the Sileneing Act states that “the term ‘conduct which perpetuates the continuing effect of the crime on the victim’ ineludes conduct which causes a temporary or permanent state of mental anguish,” both it and the rest of the Crime Victims Act are silent about what else “conduct which perpetuates the continving ffeet of the crime on the vietim” “includes.” ct does contain three 16. The defin'tions section of the Crime Viewim: relevant cefinitions, which collectively broaden the scope of the Silencing Act beyoad its plain language, 17. Firs, the Crime Vietions Act defines “personal injury erime” as “aja act, attempt or threa! o commit an act which would constitute a misdemeanor or felony” under the sections of the Pennsyivania Crimes Code relating to “erimiaal homicide,” “assaul:,” “kidnapping,” “sexual offenses,” “arson and related ovfenses,? “robbery,” “victim and witness intimidation,” and various vehieu ar crimes resulting in death or bodily injury. 18 Pa, C.S. § 11.103, 18. Second, the Crime Victims Act defines “victim” to include all of the following: (1) A dircet victim. (2) A parent or legal guardian of a child who is a direct victim, except when the parent of legal guardian of the child is the alleged offender, (3) A minor child vho is a rraterial witness to any of the following crimes and offenses... committed or attempted agains: a member of the child's family criminal homicide [,] aggravated assau.t[,] capel-] (4) A family member of « homicide victim, including, stepbrothers or stepsisters, stepeaildren, stepparents a i fiancé. , except where the family member is the alleged offender. I 19. ‘Third, the Crime Victims Act defines “fam'ly,” “when used in reference to ar. individual”—as in the fourth part of the “victim” detinition—o encompass: (J) anyone relsted to that individual within the third degree of consanguinity or affinity; (2) anyone maintaining » common-law relationship with duat individual; or anyone residing in the same household with that individual. la, 20. An individual's spouse and the individual’s or his o her spouse's chidren, parents, siblings, grandchildren, erandparents, nephe uncles, , Hie aunts, great-grardchildrea, and great-grandparents are ull “within the third degree of eonsanguinity or affinity.” THE SILENCING ACT'S LIGHTNING-SPERD ENACIMENT 21. While many statutes are the product of months, if not years, of Act took only Grafting, deha.c, hearirgs, negotiations, and revisions, the Silenci three weeks to progress (rom a legisla:or's ides w a ratitied bill signed by the Governor. 22, On September 29, 20114, Godklard College, a sinall school in Vermont, ennounced that the undergraduate graduating class had se'ected Mumia Abu- Jamal, « Geddard alumnus, to be its commencemert speaker. (Dx. 1 (Sept. 29, 2014 Goddard Press Release).) 23. According to the announcement, Psison Radio had already pro- recorded Abu-Jamal’s address, which would be played at the Oetober $ commencement ceremony. (le) 24, On September 30, aller hearing the news, Maureen Faulkner—he widow of the police officer whom A>u-Jamal was convicted of murdering—told Fox News how upset it made her: J am just absolutely outraged that they would have such a hate-filled murderer on a5 a commencement speaker, 1 mean, this man—he murdered my husband with mat and premeditation, Te is evil. ... And still donot understand this justice system and why they are allowing him to speak, (Ex. 2 (Sept. 30, 2014 Interview ‘Transes!pt) at 2.) 25. On Uetober 2, State Represenustive Mike Verch, who was running Zor reelection to the Pennsylvanie Touse at the time, introduced the Silencing Act. Representative Vereb circulated a co-ssonsor meme in which he siated that Mrs, Faulsner’s situation was his motivation Lor the Silencing Act but tha: the law would affeet Lar more than just her and Abu-Jamal: A convicted murderer is sill tratumasizing the victim's farrily and it needs to stop. We need to ensure this doesn't happen to any other vietim or their family. Ofticer Faulkner's wife Maureen wes left a widow ay ‘Abu-Jamal, But not only did Maureen lose her husband ‘and the life she hoped to lead with him, Maureen also sinee hus been revictimized again ard again by Abu to