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  • U.S. District Court rules local government may not restrict Free Speech during declared emergencies

    04/04/2023 4:48:53 AM PDT · by cll · 3 replies
    This is a pre-enforcement action by journalists Sandra Rodríguez-Cotto and Rafelli González-Cotto to enjoin, under the First Amendment, Article 5.14(a) of the Law of the Puerto Rico Department of Public Safety, Law No. 20 of 2017, P.R. Laws Ann. tit. 25, §§ 3501, et seq. (“Law 20”), which criminalizes some types of speech after the Governor has decreed a state of emergency or disaster in the Commonwealth. 1 For the reasons explained below, the challenged provision cannot be enforced. As drafted, it does not pass muster under the First Amendment. BACKGROUND Law 20 creates the Puerto Rico Department of Public...