Free Speech Defense
Free Speech Defense
Overturning Unconstitutional Postcard-Only Jail Policy
While individuals incarcerated in the U.S. receive bare minimum constitutional rights, some prison administrators further circumscribe inmates’ access to communications from their family and to reading or educational material. Growing up in a low-income community deeply impacted by the war on drugs and mass incarceration, and understanding the danger associated with de-valuing literacy, Caesar Kalinowski IV has devoted hundreds of hours to overturning unconstitutional jail policies and book bans. In 2023, Caesar and a team of litigators won a decision permanently enjoining an Arkansas jail from limiting incoming mail to postcards.
Thanks in part to Caesar’s extraordinary pro bono and social impact work, in 2023 the Washington State Bar Association recognized him with its highest honor, the Chief Justice Mary E. Fairhurst Award of Merit.
Overturning Unconstitutional Postcard-Only Jail Policy
While individuals incarcerated in the U.S. receive bare minimum constitutional rights, some prison administrators further circumscribe inmates’ access to communications from their family and to reading or educational material. Growing up in a low-income community deeply impacted by the war on drugs and mass incarceration, and understanding the danger associated with de-valuing literacy, Caesar Kalinowski IV has devoted hundreds of hours to overturning unconstitutional jail policies and book bans. In 2023, Caesar and a team of litigators won a decision permanently enjoining an Arkansas jail from limiting incoming mail to postcards.
Thanks in part to Caesar’s extraordinary pro bono and social impact work, in 2023 the Washington State Bar Association recognized him with its highest honor, the Chief Justice Mary E. Fairhurst Award of Merit.
Protecting the Right to Report Judicial Misconduct
In 2021, an ophthalmology office manager in New York confronted a man who refused to comply with the office’s COVID masking rules. This man turned out to be a sitting judge. The office manager filed a confidential complaint reporting the judge’s behavior to the New York State Commission on Judicial Conduct, and one year later, the judge sued the office manager for libel, claiming she’d made false statements about him.
In 2023, Raphael Holoszyc-Pimentel and veteran First Amendment attorney Victor Kovner took on the office manager’s case, filing an anti-SLAPP motion to dismiss. That same year, they successfully argued the matter before the New York Supreme Court, proving our client’s statements were “absolutely privileged.” The court agreed and dismissed the case with prejudice, awarding DWT attorney’s fees. Not only is this an important victory for the right to hold government officials accountable, but as the court noted, “there is a very real fear that others may be deterred from bringing legitimate and serious complaints before the [New York State] Commission if retribution in the form of a lawsuit is a viable possibility.”
Protecting the Right to Report Judicial Misconduct
In 2021, an ophthalmology office manager in New York confronted a man who refused to comply with the office’s COVID masking rules. This man turned out to be a sitting judge. The office manager filed a confidential complaint reporting the judge’s behavior to the New York State Commission on Judicial Conduct, and one year later, the judge sued the office manager for libel, claiming she’d made false statements about him.
In 2023, Raphael Holoszyc-Pimentel and veteran First Amendment attorney Victor Kovner took on the office manager’s case, filing an anti-SLAPP motion to dismiss. That same year, they successfully argued the matter before the New York Supreme Court, proving our client’s statements were “absolutely privileged.” The court agreed and dismissed the case with prejudice, awarding DWT attorney’s fees. Not only is this an important victory for the right to hold government officials accountable, but as the court noted, “there is a very real fear that others may be deterred from bringing legitimate and serious complaints before the [New York State] Commission if retribution in the form of a lawsuit is a viable possibility.”
Protecting The Right to Address “Controversial” Topics at School
Seeking to curb pro-Pride and Black Lives Matter movement displays in classrooms, a school district in Oregon adopted a policy in 2021 that prohibited teachers and staff from displaying messages that supported or opposed “political, quasi-political, or controversial” topics. In collaboration with the American Civil Liberties Union (ACLU) of Oregon, DWT successfully challenged this policy on behalf of a teacher who hung a rainbow flag in her classroom.
DWT’s Meagan A. Himes, herself a former middle school teacher, argued the case in Yamhill County Circuit Court and won a decision in 2022 declaring the policy a violation of the Oregon Constitution. Then, in 2023, the judge took the unusual step of awarding attorney’s fees, finding that the plaintiff sought to “vindicate an interest … shared with all Oregonians.” Supervising attorney Alan Galloway handled the briefing and oral argument on the fee petition.
Attorney fees totaling over $95,000 were donated to the ACLU.
Protecting The Right to Address “Controversial” Topics at School
Seeking to curb pro-Pride and Black Lives Matter movement displays in classrooms, a school district in Oregon adopted a policy in 2021 that prohibited teachers and staff from displaying messages that supported or opposed “political, quasi-political, or controversial” topics. In collaboration with the American Civil Liberties Union (ACLU) of Oregon, Davis Wright successfully challenged this policy on behalf of a teacher who hung a rainbow flag in her classroom.
DWT’s Meagan A. Himes, herself a former middle school teacher, argued the case in Yamhill County Circuit Court and won a decision in 2022 declaring the policy a violation of the Oregon Constitution. Then, in 2023, the judge took the unusual step of awarding attorney’s fees, finding that the plaintiff sought to “vindicate an interest … shared with all Oregonians.” Supervising attorney Alan Galloway handled the briefing and oral argument on the fee petition.
Attorney fees totaling over $95,000 were donated to the ACLU.
In recognition of her outstanding work on this matter, Meagan received the Julie Orr Heart of Justice Award, named after the firm’s former longtime pro bono administrator. This annual award honors one associate who demonstrates a remarkable commitment to pro bono.
Team: Meagan A. Himes, Alan Galloway, Mark Trinchero, Blake Robinson, and David MacKenzie.
In recognition of her outstanding work on this matter, Meagan received the Julie Orr Heart of Justice Award, named after the firm’s former longtime pro bono administrator. This annual award honors one associate who demonstrates a remarkable commitment to pro bono.
Team: Meagan A. Himes, Alan Galloway, Mark Trinchero, Blake Robinson, and David MacKenzie.
Taking a Stand Against Book Bans
Over the past two years, we’ve seen a troubling proliferation of book bans and challenges. Not only are certain books being removed from public schools and libraries, but librarians are also under attack, facing fines and losing their jobs. Censorship has many risks, but in this instance, the bans primarily target books by and about LGBTQIA+ individuals, people of color, and other marginalized groups, creating troubling gaps in knowledge and severely limiting learning.
During Pro Bono Week in 2023, DWT focused on the dangers associated with censoring literature. Events included a panel discussion moderated by DWT media partner Rachel Strom, and featuring three distinguished experts in the First Amendment space: DWT media partner Linda Steinman; Rory Steele, executive director of Freedom to Learn Advocates; and Carolyn Foley, associate general counsel at Penguin Random House. The week wrapped up with a virtual “Dear Banned Book Author” letter-writing party, in which volunteers wrote to authors to let them know what their book has meant to them.
Taking a Stand Against Book Bans
Over the past two years, we’ve seen a troubling proliferation of book bans and challenges. Not only are certain books being removed from public schools and libraries, but librarians are also under attack, facing fines and losing their jobs. Censorship has many risks, but in this instance, the bans primarily target books by and about LGBTQIA+ individuals, people of color, and other marginalized groups, creating troubling gaps in knowledge and severely limiting learning.
During Pro Bono Week in 2023, DWT focused on the dangers associated with censoring literature. Events included a panel discussion moderated by DWT media partner Rachel Strom, and featuring three distinguished experts in the First Amendment space: DWT media partner Linda Steinman; Rory Steele, executive director of Freedom to Learn Advocates; and Carolyn Foley, associate general counsel at Penguin Random House. The week wrapped up with a virtual “Dear Banned Book Author” letter-writing party, in which volunteers wrote to authors to let them know what their book has meant to them.
Media Advocacy
Criminal Justice Reform
Criminal Justice Reform
Media Advocacy
DAVIS WRIGHT TREMAINE LLP
Ability, integrity, and service to others – these are the three pillars on which Davis Wright Tremaine was built. As our founding partner once famously said, “…unless we are serving mankind to the top extent of our ability and putting our best talent into that service, what good is life?”
Learn More at DWT.COM/PRO-BONO
DAVIS WRIGHT TREMAINE LLP
Ability, integrity, and service to others – these are the three pillars on which Davis Wright Tremaine was built. As our founding partner once famously said, “…unless we are serving mankind to the top extent of our ability and putting our best talent into that service, what good is life?”
Learn More at DWT.COM/PRO-BONO
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