Justia columnist and Hunter College Human Rights Program Director Joanne Mariner comments on the situation endured by the more than a thousand prisoners who are held in solitary confinement, in tiny cells, in the Security House Unit (SHU) at California’s Pelican Bay State Prison—with about half serving terms of more than ten years, and some serving terms of more than twenty years. Mariner covers the Center for Constitutional Rights’s class action, filed just last week, challenging the SHU’s solitary confinement regime. She also conveys the Draconian punishment the prisoners suffer, deeming it a combination of sensory deprivation and social isolation, with only the most meager chance for exercise, and even phone calls such as those conveying the news of a death in the family allowed only at authorities’ discretion. Visitation, too, is harshly limited, as is mental health care. Mariner supports the CCR’s effort to challenge these and other practices—including the double-celling of prisoners in the tiniest of cells, and the highly questionable “prison gang validation” process that leads to incarceration at the SHU, as opposed to elsewhere in California’s prison system. Chances for parole, meanwhile, are slim to none. And while the UN has suggested abolishing indefinite solitary confinement, California still employs just such confinement at the SHU.

Justia columnist and former counsel to the president John Dean comments on a new proposed New York statute, the Internet Protection Act, which would provide a remedy for those who are the targets of anonymous Internet attacks—including the victims of cyberbullies, and businesses harmed by competitors’ fake reviews. Dean notes that the Act has drawn much criticism, but he argues that the focus of comments on the Act should not be to attack the Act, but rather to offer constructive criticism as to how the Act can be made consistent with the First Amendment. Dean summarizes the First Amendment arguments that have been raised regarding the Act; cites two key Supreme Court anonymous speech cases; notes that it is often possible to unmask cyberbullies without breaking the law, but it takes time and money to do so; and contends that a constitutional way to address cyberbullying would be through a law allowing the unmasking of the perpetrators of Internet harassment, and the issuance of a protective order against them. Even the deterrent effect of such a law, Dean predicts, could be powerful.