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Wednesday, April 16, 2014

AP: The Rhode Island chapter of the American Civil Liberties Union is suing the town of Smithfield to keep it from enforcing a ban on anonymous political literature. The lawsuit filed Tuesday says the town has said it will enforce the law, despite a 1995 decision by the US Supreme Court that struck down a similar law in Ohio and upheld the right to anonymous free speech. The Police Department did not respond to a message seeking comment, and the attorney general’s office, also named in the lawsuit, did not comment. Last year, Smithfield police charged a political consultant with distributing anonymous campaign materials.
http://www.rifuture.org/aclu-sues-smithfield.html

last year the Smithfield Police Department arrested a political consultant for purportedly violating it. The Attorney General’s office later dismissed the charges, citing the Supreme Court case. In January, the ACLU wrote town officials to seek assurances that Smithfield police would no longer enforce the statute. The ACLU received no response; instead, news stories quoted town officials as calling the ACLU request “absolute nonsense” and stating that they intended to continue initiating criminal complaints under the statute. - See more at: http://www.rifuture.org/aclu-sues-smithfield.html#sthash.ZFkTPy36.dpuf

http://riaclu.org/images/uploads/Blakeslee_v_St_Sauveur_complaint.pdf

Copyright © 2014 Town of Smithfield, Rhode Island  USA. All rights reserved.
Smithfield Town Hall • 64 Farnum Pike  Smithfield, Rhode Island 02917
Phone (401) 233-1000  Fax (401) 233-1080
info@smithfieldri.com • http://smithfieldri.com/

Letter sent: 
Hi. I'm an online journalist covering the recent ACLU case against Smithfield. My story will be updated as it develops.
http://ballots.blogspot.com/2014/04/ap-rhode-island-chapter-of-american.html
Does the city have any statement?
Please put me on a list to receive emailed copies of any filings or public statements in the case.
Thanks.

Section 20. Freedom of press. -- The liberty of the press being essential to the security of freedom in a state, any person may publish sentiments on any subject, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, unless published from malicious motives, shall be sufficient defense to the person charged.
Section 21. Right to assembly -- Redress of grievances -- Freedom of speech. -- The citizens have a right in a peaceable manner to assembly for their common good, and to apply to those invested with the powers of government, for redress of grievances, or for other purposes, by petition, address, or remonstrance. No law abridging the freedom of speech shall be enacted.
http://www.courts.ri.gov/PublicResources/disciplinaryboard/PDF/ComplaintForm.pdf
http://www.blishcavlaw.com/alves.htm the town solicitor. cc'd him the letter above.
http://www.valleybreeze.com/2014-01-15/observer-smithfield-west/state-anonymous-campaign-material-ok#.U06RMvldUR4
The january 16th article in which the town solicitor refused to abide by mcintyre.

http://riaclu.org/images/uploads/Smithfield_anonymous_lit_letter.pdf

the aclu's letter which, when ignored, triggered the lawsuit.

http://www.rifuture.org/no-permit-required-political-canvassing-is-a-constitutional-right.html
related: cop tells candidate he needs permit to go door to door. at least the town backed down on this one.

more press:
http://www.providencejournal.com/breaking-news/content/20140416-aclu-sues-smithfield-police-ags-office-over-law-barring-anonymous-negative-campaign-literature.ece

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