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Opinions & Editorials

Apr
3
2013
Column: Social Media, Public Employees and the First Amendment (New York Law Journal)

By Christopher Dunn The explosion of social media, which allow people to project themselves across the country and around the globe, has greatly intensified the tension between the right of those working for the government to speak freely as private citizens and the right of public agencies to regulate employee speech that affects agency functioning. In an age of Facebook and Twitter, the considerable First Amendment difficulties previously presented by public employees posting signs on their lawns or writing to the local newspaper now seem positively quaint.

Mar
18
2013
Op-Ed: Shame on New York: State Continues to Disregard Right to Legal Counsel (Albany Times-Union)

By Donna Lieberman Fifty years ago Monday, the Supreme Court unanimously ruled that states must provide a competent lawyer to a poor person accused of a crime. And for 50 years, New York has abdicated this responsibility. But the state has an opportunity to make things right. By establishing the right to counsel, the high court ruling — named for Clarence Earl Gideon, a homeless Florida man — sought to ensure fairness and level the playing field for individuals who would otherwise be forced to stand alone against the full force of the law.

Feb
6
2013
Column: The Newton Massacre and Second Amendment Turmoil (New York Law Journal)

By Christopher Dunn The December massacre of 20 Connecticut schoolchildren by a man armed with an assault rifle has triggered a national debate about gun regulation, a dispiriting rush to buy guns, and the speedy adoption in New York of legislation bearing on various aspects of weapons ownership and use.

Dec
9
2012
Op-Ed: Schoolhouse to Courthouse (New York Times)

By Donna Lieberman Kenneth screwed up. The 11th grader made a crude joke about the police officers in his Bronx high school — and an officer overheard. “What did you say?” the officer demanded. “Say it again and I’m going to punch you in the [expletive] mouth.” “You can’t [expletive] touch me,” said Kenneth, who has Asperger syndrome. And so it began ...

Dec
6
2012
Column: Endangered First Amendment Rights of Public Employess (New York Law Journal)

By Christopher Dunn For decades the First Amendment has protected government employees from retaliation when they have spoken out about hidden wrongdoing within public agencies. Frank Serpico may be the best known whistleblower in New York history, but he is just one of hundreds if not thousands of public employees who have courageously stepped forward over the years to reveal serious government misconduct.

Nov
15
2012
Op-Ed: Election Foul-Ups Compromise Voter Rights (Newsday)

By Amol Sinha and Karina Claudio Last week, Long Islanders showed their resilience and resolve by heading to the polls. Many had been displaced or lacked power and heat, yet over a million went to vote. Unfortunately, the Suffolk County Board of Elections was not prepared to handle all the registered voters who came to cast their ballots.

Oct
6
2012
Op-Ed: Solitary Confinement is Dangerous and Overused (Buffalo News)

By Taylor Pendergrass Solitary confinement – the harshest possible punishment within the prison system – is used on an unprecedented scale in New York. The state’s top prison official concedes the point. “I’ll admit, we overuse it,” Brian Fischer, commissioner of the Department of Corrections and Community Supervision, said in January.

Oct
4
2012
Column: The Subway as Savage Soapbox (New York Law Journal)

By Christopher Dunn The New York City subway system is the world’s largest. Beyond being a transportation marvel, however, it is a vibrant free-speech market in which millions of people every day are treated to a dizzying array of human expression. For those of us who ride the train regularly, not only do we see every imaginable commercial advertisement, but we also experience music, proselytizing, poetry, artwork, and advocacy ads.

Oct
3
2012
Op-Ed: Isolation of Prisoners Does Even More Harm (Press & Sun-Bulletin, Ithaca Journal, Star-Gazette)

By Taylor Pendergrass Corrections officers at Southport Correctional Facility in Pine City work in one the darkest corners of our state’s prison system. Southport is one of two New York prisons dedicated to extreme isolation. Prisoners spend 23 hours a day in solitary confinement, deprived of all meaningful human contact and mental stimulation. They cannot access rehabilitation services. They cannot make phone calls. “Recreation” is an hour outside alone in an empty cage.

Oct
2
2012
Op-Ed: No Human Dignity in 'The Box' (Albany Times-Union)

By Taylor Pendergrass Department of Corrections and Community Supervision Commissioner Brian Fischer explains that when it comes to the use of solitary confinement in New York's prisons, "The key element is, and always will be, safety for staff and inmates alike." We couldn't agree more. But after an intensive yearlong study of New York's use of solitary confinement, the New York Civil Liberties Union found that DOCCS' use of extreme forms of isolation and deprivation decreases safety for prison staff, prisoners and our communities.

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