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Does Mississippi’s new state law restrict citizens’ right to protest?

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mississippitoday.org – Mina Corpuz – 2024-08-19 12:03:59

Does Mississippi’s new state law restrict citizens’ right to protest?

Whether Mississippi can limit impromptu citizen protests around state-owned buildings rests with a federal judge overseeing a challenging how a state- police and court in operates.

Senate Bill 2343, passed in the 2023 legislative , became in July. It calls for prior written approval for public demonstrations on a street or sidewalk at the Capitol or state-owned buildings or one where a state agency operates by the public safety commissioner or the chief of the Capitol Police, which falls under his agency. 

At an Aug. 8 meeting, Public Safety Commissioner Sean Tindell said the agency is considering the First Amendment as it drafts regulations, and it wants to balance a right to speech with public safety. An agency spokesperson did not respond to a request for comment. 

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Critics of SB 2343 say the law would limit the right to protest that is founded in the First Amendment, and it could have a chilling effect on speech because of potential consequences, such as arrest, conviction in the soon-to be operating Capitol Complex Improvement District court and possible time served for a misdemeanor at the Central Mississippi Correctional Facility rather than a county jail. 

“It’s the law itself where the problem lies,” said Frank Rosenblatt, a Mississippi College School of Law associate professor who teaches classes about constitutional law and the First Amendment. 

In First Amendment law, speech regulations in a traditional public forum, such as sidewalks and public streets outside state-owned buildings, typically need to meet several requirements: They are content neutral, are narrowly tailored to serve a significant government interest and open alternatives for speech. 

Rosenblatt doesn’t believe the court will be satisfied with the Department of Public Safety’s “blanket explanation” of public safety as a reason to restrict speech. 

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U.S. District Court Judge Henry Wingate granted a preliminary injunction of SB 2343 last year in an ongoing lawsuit that consolidated a of the law with a suit challenging House Bill 1020, which established the CCID court and directed state to make judicial and prosecutor appointments to the court. 

Because a preliminary injunction of SB 2343 is still in effect, DPS currently cannot enforce any regulations it adopts stemming from the law. 

Under the Mississippi Administrative Procedures Act, a public meeting about any state agency’s proposed regulations can be held if at least 10 members of the public request one in writing. 

This threshold was met for the regulations DPS is drafting for SB 2343, leading to the Aug. 8 meeting at the Capitol. 

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Rosenblatt and one of his law students, Ren Allen, spoke during the public comment section and said they were seeking clarity about how the agency is writing the regulations, including how it would consider the First Amendment, how it defines public safety and wellbeing. 

“I don’t have a lot of faith that this proceeding changed anyone’s mind at DPS about moving forward with the regulation implementation,” said Allen, who is in her final year of law school. “I hope I’m wrong and I hope that they heard the arguments and heard from their citizens.” 

Draft regulations posted on the state’s administrative bulletin refer to a number of types of demonstrations including parades, athletics, block parties, festivals and other special events where there is expected to be 25 or more people who could be reasonably expected to block entrance and exit from any state building. 

Requests for approval would need to be submitted at least 30 days before the date, according to the draft regulations. 

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Approval or denial of a request would take place no longer than 10 days after receipt for events with a pre-established route. Action on special events would be taken no longer than four days after a request for approval. Written notification would be provided of the request’s outcome, including reasons for conditional approval or denial, according to the draft regulations. 

In recent years, a number of demonstrations have taken place at the Capitol and other state buildings, including demonstrations about Jackson’s water system issues that passed by the Governor’s Mansion, protests of the overturn of Roe v. Wade and gatherings by residents and public officials to speak out against legislation. 

A proposed 30-day minimum of notice can limit people’s ability to protest about current events, Rosenblatt said. 

“All of those things would be off limits for people to speak about,” he said. 

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Crooked Letter Sports Podcast

Podcast: New Orleans sports columnist and author Jeff Duncan joins the podcast to talk about his new Steve Gleason book and the new-look New Orleans Saints.

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mississippitoday.org – Rick Cleveland and Tyler Cleveland – 2024-09-18 10:00:00

Jeff Duncan went from the Mississippi Book in on Saturday to Jerry World in Dallas on Sunday where he watched and wrote about the Saints’ total dismantling of the Dallas Cowboys. We about both and also about what happened in high school and college football last and what’s coming up this weekend.

Stream all episodes here.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1899

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mississippitoday.org – Jerry Mitchell – 2024-09-18 07:00:00

Sept. 18, 1899

Credit: Wikipedia

Scott Joplin, known as “the King of Ragtime,” copyrighted the “Maple Leaf Rag,” which became the first song to sell more than 1 million copies of sheet music. The popularity launched a sensation surrounding ragtime, which has been called America’s “first classical music.” 

Born near Texarkana, , Joplin grew up in a musical . He worked on the railroad with other family members until he was able to earn money as a musician, traveling across the South. He wound up playing at the World’s Fair in Chicago in 1893, where he met fellow musician Otis Saunders, who encouraged him to write down the songs he had been making up to entertain audiences. In all, Joplin wrote dozens of ragtime songs. 

After some , he moved to New York , hoping he could make a living while stretching the boundaries of music. He wrote a ragtime ballet and two operas, but success in these new forms eluded him. He was buried in a pauper’s grave in New York City in 1917. 

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More than six decades later, his music was rediscovered, initially by Joshua Rifkin, who recorded Joplin’s songs on a record, and then Gunther Schuller of the New England Conservatory, who performed four of the ragtime songs in concert: “My faculty, many of whom had never even heard of Joplin, were saying things like, ‘My gosh, he writes melodies like Schubert!’” 

Joplin’s music won over even more admirers through the 1973 , “The Sting,” which won an Oscar for the music. His song, “The Entertainer,” reached No. 3 on Billboard and was ranked No. 10 among “Songs of the Century” list by the Recording Industry Association of America. His opera “Treemonisha” was produced to wide acclaim, and he won a Pulitzer Prize in 1976 for his special contribution to American music. 

“The ragtime craze, the faddish thing, will obviously die down, but Joplin will have his position secure in American music history,” Rifkin said. “He is a treasurable composer.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Insurance chief Chaney hopes Mississippi’s homeowner rates are stabilizing

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mississippitoday.org – Bobby Harrison – 2024-09-18 05:00:00

Mississippi Insurance Commissioner Mike Chaney says he is hopeful that the homeowner insurance rates that have spiked in recent years are now beginning to stabilize.

Chaney said he is hopeful that legislation passed during the 2024 that provides to homeowners put more wind resistant roofs on their homes will help lower the cost of premiums. He said the placed $5 million in the program.

“While this will help launch the program, the Legislature will need to provide additional annual well above this amount so that the program can provide the necessary benefits to reach a significant number of policyholders across our ,” Chaney said via email.

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While homeowners’ insurance rates in Mississippi have risen significantly, the increases have been less than in many surrounding states, according to various studies.

Chaney said his agency, which regulates the insurance industry in Mississippi, has received requests for double digit increases.

“We worked with companies to consider less than what their indicated need was … We feel that rate pressures will begin to stabilize along with inflation. Some companies that requested rates over 15% last year are now seeing a much lesser need – many are now in single digits,” Chaney said.

Inflation and the frequency of severe weather causing insurance claims are the two primary reasons for the increases in the homeowners’ insurance rates, according to Chaney.

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Earlier this year the U.S. Senate issued a addressing the rising costs of homeowners insurance premiums. The Democratic majority cited weather associated with climate change as the primary reason for the increase. Republicans discounted climate change and blamed the increase on inflation.

According to data compiled by Insurance.com and updated this month, the average cost of a policy for a $300,000 home in Mississippi is $3,380 per year, which is $779 or 30% above the national average.

The cost in Mississippi, though, is lower than many other Southern states. For instance, the cost in is 38% above the national average and 52% above the national average in Arkansas. Florida is 70% above the national average while is 48%. Other Southern states — Georgia, Alabama, Tennessee and Kentucky — are below the national average.

Realtor Magazine in May cited a report from Insurify, a virtual insurance company, saying, “The states with the highest home insurance costs are prone to severe weather events. Florida, Louisiana, Texas, Arkansas and Mississippi are vulnerable to hurricanes. Texas, Colorado and Nebraska face a growing wildfire risk. Nebraska, Texas and Kansas are at high risk for tornadoes, being located in an area nicknamed ‘ Alley.’”

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Chaney said there are two types of processes for how insurance companies get rate increases. He said Mississippi is “a prior approval” state where the companies must receive approval from the regulator before an increase can be enacted. Other states –file and use states – allow the company to enact the increase before receiving approval.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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