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The Constitution of the United States establishes courts to ensure that the government does not overstep its authority and infringe the rights of the people. Thus, courts are more than just arbiters of disputes between the people and the government they are the wall that protects the people from the government. In this case, the Court must determine whether New Jersey violated Richard Waterman's and Michael Curtis's ("plaintiffs") rights to free speech under the First Amendment[1] when it enacted N.J.S.A. 2C:47-10, which prohibits inmates at the Adult Diagnostic and Treatment Center ("the ADTC") from possessing or obtaining "sexually oriented materials."

The Court's duty to the people includes plaintiffs even though they are inmates at the ADTC, which houses repetitive and compulsive sexual offenders, namely, pedophiles and incestuous fathers. As the Supreme Court stated: "Prison walls do not form a barrier separating prison inmates from the protections of the Constitution." Turner v. Safley, 482 U.S. 78, 84, 107 S. Ct. 2254, 2259, 96 L. Ed. 2d 64 (1987). However, prisoners retain their right to free speech under the First Amendment so long as it is "not inconsistent with [their] status as prisoner[s] or with the legitimate penological objectives of the corrections system." Hudson v. Palmer, 468 U.S. 517, 523, 104 S. Ct. 3194, 3198, 82 L. Ed. 2d 393 (1984) (quoting Pell v. Procunier, 417 U.S. 817, 822, 94 S. Ct. 2800, 2804, 41 L. Ed. 2d 495 (1974)).

At the outset, the Court notes that in deciding to issue the preliminary injunction, the Court relied on three bases. First, the *367 Deputy Attorney General's comments during oral arguments that prison administrators planned to enforce the statute in a realistic fashion heavily influenced the Court's decision. Those comments indicate a strong probability that prison officials will arbitrarily enforce N.J.S.A. 2C:47-10 because they will have unlimited discretion in determining which "sexually oriented materials" enter the ADTC. Although New Jersey wants the Court to "trust" it in its enforcement of the statute, the potential for arbitrary enforcement portends that plaintiffs will prevail on the merits. Second, the language of the statute is so broad that it prohibits constitutionally permissible speech. Third, the statute's failure to define "associated anatomical area" chills plaintiffs' rights to free speech because they do not have fair notice of what the statute bans. For those reasons, the Court will preliminarily enjoin New Jersey from enforcing N.J.S.A. 2C:47-10.

Prison inmates do not lose their constitutional rights when they become incarcerated, and free citizens do not lose their ability to "exercis[e] their own constitutional rights by reaching out to those on the `inside.'" Thornburgh v. Abbott, 490 U.S. 401, 407, 109 S. Ct. 1874, 1878, 104 L. Ed. 2d 459 (1989). However, the difficulty in administering prisons tempers both the rights of those on the inside and outside. See id. *372 Moreover, courts pay affordable deference to prison administrators' decisions because they have the expertise needed to "regulate the relations between prisoners and the outside world." Id. at 407-08, 109 S. Ct. at 1878-89. Thus, the United States Supreme Court has devised a standard of review that balances the deference owed to prison administrators and the constitutional rights of prisoners: "[W]hen a prison regulation impinges on inmates' constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests." Turner v. Safley, 482 U.S. 78, 89, 107 S. Ct. 2254, 2261, 96 L. Ed. 2d 64 (1987); accord Thornburgh, 490 U.S. at 409, 109 S. Ct. at 1879.

In the constitutional setting, "[t]he loss of First Amendment freedoms, even for minimal periods of time, unquestionably constitutes irreparable harm." Elrod v. Burns, 427 U.S. 347, 373, 96 S. Ct. 2673, 2690, 49 L. Ed. 2d 547, (1976). However, "[c]onstitutional harm is not necessarily synonymous with the irreparable harm necessary for issuance of a preliminary injunction." Hohe v. Casey, 868 F.2d 69, 73 (3d Cir.) (finding no irreparable injury where plaintiffs' remedy was restitution and/or monetary damages), cert. denied, 493 U.S. 848, 110 S. Ct. 144, 107 L. Ed. 2d 102 (1989). To meet their burden, "plaintiffs must show a chilling effect on free expression." Id. (quotation omitted); see also McCormack v. Township of Clinton, 872 F. Supp. 1320, 1327 (D.N.J.1994) (finding irreparable injury where local ordinance threatened criminal sanctions); Lysaght v. New Jersey, 837 F. Supp. 646 (D.N.J.1993) (ruling that threat of criminal prosecutions under statute is irreparable harm because they would chill plaintiffs' speech). In essence, irreparable harm for preliminary injunction purposes is shown when the government purposefully and unconstitutionally suppresses speech. Hohe, 868 F.2d at 73. Accordingly, "it is the direct penalization, as opposed to incidental inhibition, of First Amendment rights which constitutes irreparable injury." Id. (quotation omitted).

The Court finds that if it did not issue a preliminary injunction, plaintiffs would be irreparably harmed because the threat of sanctions would chill their constitutional right to free speech. The Court disagrees with New Jersey's position on the sanctions because the issue is not whether the sanction deprives someone of a constitutional right, but whether a penalty exists that will have a chilling effect on rights under the First Amendment. N.J.S.A. 2C:47-10(c) calls for on-the-spot sanctions if an inmate violates the statute. Those sanctions are of sufficient magnitude to chill plaintiffs' speech. Thus, plaintiffs have established irreparable injury.

This note describes an agonistic encounter between two free-ranging wild adult collared peccary males in the central region of the Brazilian Pantanal. To our knowledge, this is the first case of male-male aggressive interaction under natural conditions that resulted in the death of the defeated individual. We recorded the sequence of aggressive behaviors on 18 August 2007 at 5:02 p.m. in the Embrapa Pantanal Nhumirim ranch (1858'32"S; 5638'14"W), state of Mato Grosso, Central Brazil. The study area is about 112 m above sea level and is composed of a mosaic of permanent and temporary ponds, forest patches, savanna, scrub savanna and seasonally flooded grasslands. The site was reached with an all terrain vehicle and the behavior of collared peccaries was video-recorded for a total 2 min and 9 sec with a digital photographic camera.

Since permanent exchange of individuals between herds does not occur as frequently as fluctuations in the herd size (Schweinsburg, 1971), it is thought that the attack observed here in wild collared peccaries may have occurred between a solitary male trying to join a herd, but being repulsed by a resident male. In addition, it is likely that the aggressive behavior between collared peccaries described here was not a casual attack, but occurred more than once in the last two weeks prior to the death of the defeated animal, due to the presence of well-developed screwworms in his wounds. In a previous study of social behavior of free-ranging collared peccaries, 4.8% of total behavior was agonistic and only 13.7% of this involved physical contact, but wounds or bleeding were not observed (Byers & Bekoff, 1981). Overall, serious fighting resulting in death is thought to be rare within wild herds, and although Lochmiller and Grant (1982) reported an agonistic encounter in captivity resulting in death, it has never been reported in field studies elsewhere.

Finally, we suggest that the aggression between these two males free-living collared peccaries may have been caused by competition for estrous female, because the dominant male does virtually all the breeding and subordinate males are not allowed to approach females in estrus (Ingmarsson, 1999). Dominant males of captive herd are large in body weight, have higher concentration of testosterone than subordinates, and are the most successful breeders (Hellgren et al., 1989). Only one male marks the territory with his dorsal gland and has conflict with others herd members, principally when a female is among the males (Nogueira-Filho, Nogueira & Sato, 1999). Furthermore, fights with physical injury between collared peccary males are observed only when a female is in estrous and usually occur when two peccaries are matched closely in size (Bissonette, 1982). Thus, we advocate the dispute for females as the more plausible cause of the agonistic encounter between these free-ranging adult males that resulted in the death of the defeated animal.

Various methods were used to determine muscle mechanical function. Gait speed was used to evaluate physical function, and whole-body dual-energy x-ray absorptiometry was used to examine body composition. Fasting blood samples were collected to assess levels of total testosterone, bio-available testosterone, free testosterone, and sex hormone-binding globulin.

Participants on testosterone replacement therapy had also experienced increased levels of total testosterone, bio-available testosterone, and free testosterone, and decreased levels of sex hormone-binding globulin, vs those on placebo.

  • NO DIFFERENCE BETWEEN FAT-FREE AND FATTY CHOCOLATE MILK IN FEMALES' PERFORMANCE Campbell, B., Myers, B., Forsyth, A., Parker, B., Gomez, B., Elkins, A., Marcello, B., Wilborn, C., La Bounty, P., & Kreider, R. (2011). The effects of fat-free vs. fat-containing chocolate milk ingestion on performance characteristics in collegiate softball players. Medicine and Science in Sports and Exercise, 43(5). Supplement abstract 2218.



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