Mississippi Today
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 lawsuit challenging how a state-run police and court in Jackson operates.
Senate Bill 2343, passed in the 2023 legislative session, became law 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.
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 leave 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.
U.S. District Court Judge Henry Wingate granted a preliminary injunction of SB 2343 last year in an ongoing lawsuit that consolidated a challenge of the law with a suit challenging House Bill 1020, which established the CCID court and directed state officials 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.
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 event date, according to the draft regulations.
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 U.S. Supreme Court 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.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1946
Dec. 23, 1946
University of Tennessee refused to play a basketball game with Duquesne University, because they had a Black player, Chuck Cooper. Despite their refusal, the all-American player and U.S. Navy veteran went on to become the first Black player to participate in a college basketball game south of the Mason-Dixon line. Cooper became the first Black player ever drafted in the NBA — drafted by the Boston Celtics. He went on to be admitted to the Basketball Hall of Fame.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Podcast: Ray Higgins: PERS needs both extra cash and benefit changes for future employees
Mississippi Today’s Bobby Harrison talks with Ray Higgins, executive director of the Mississippi Public Employees Retirement System, about proposed changes in pension benefits for future employees and what is needed to protect the system for current employees and retirees. Higgins also stresses the importance of the massive system to the Mississippi economy.
READ MORE: As lawmakers look to cut taxes, Mississippi mayors and county leaders outline infrastructure needs
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
‘Bringing mental health into the spaces where moms already are’: UMMC program takes off
A program aimed at increasing access to mental health services for mothers has taken off at the University of Mississippi Medical Center.
The program, called CHAMP4Moms, is an extension of an existing program called CHAMP – which stands for Child Access to Mental Health and Psychiatry. The goal is to make it easier for moms to reach mental health resources during a phase when some may need it the most and have the least time.
CHAMP4Moms offers a direct phone line that health providers can call if they are caring for a pregnant woman or new mother they believe may have unaddressed mental health issues. On the line, health providers can speak directly to a reproductive psychiatrist who can guide them on how to screen, diagnose and treat mothers. That means that moms don’t have to go out of their way to find a psychiatrist, and health care providers who don’t have extensive training in psychiatry can still help these women.
“Basically, we’re trying to bring mental health into the spaces where moms already are,” explained Calandrea Taylor, the program manager. “Because of the low workforce that we have in the state, it’s a lot to try to fill the state with mental health providers. But what we do is bring the mental health practice to you and where mothers are. And we’re hoping that that reduces stigma.”
Launched in 2023, the program has had a slow lift off, Taylor said. But the phone line is up and running, as the team continues to make additions to the program – including a website with resources that Taylor expects will go live next year.
To fill the role of medical director, UMMC brought in a California-based reproductive psychiatrist, Dr. Emily Dossett. Dossett, who grew up in Mississippi and still has family in the state, says it has been rewarding to come full circle and serve her home state – which suffers a dearth of mental health providers and has no reproductive psychiatrists.
“I love it. It’s really satisfying to take the experience I’ve been able to pull together over the past 20 years practicing medicine and then apply it to a place I love,” Dossett said. “I feel like I understand the people I work with, I relate to them, I like hearing where they’re from and being able to picture it … That piece of it has really been very much a joy.”
As medical director, Dossett is able to educate maternal health providers on mental health issues. But she’s also an affiliate professor at UMMC, which she says allows her to train up the next generation of psychiatrists on the importance of maternal and reproductive psychiatry – an often-overlooked aspect in the field.
If people think of reproductive mental health at all, they likely think of postpartum depression, Dossett said. But reproductive psychiatry is far more encompassing than just the postpartum time period – and includes many more conditions than just depression.
“Most reproductive psychiatrists work with pregnant and postpartum people, but there’s also work to be done around people who have issues connected to their menstrual cycle or perimenopause,” she explained. “… There’s depression, certainly. But we actually see more anxiety, which comes in lots of different forms – it can be panic disorder, general anxiety, OCD.”
Tackling mental health in this population doesn’t just improve people’s quality of life. It can be lifesaving – and has the potential to mitigate some of the state’s worst health metrics.
Mental health disorders are the leading cause of pregnancy-related death, which is defined by the Centers for Disease Control as any death up to a year postpartum that is caused by or worsened by pregnancy.
In Mississippi, 80% of pregnancy-related deaths between 2016 and 2020 were deemed preventable, according to the latest Mississippi Maternal Mortality Report.
Mississippi is not alone in this, Dossett said. Historically, mental health has not been taken seriously in the western world, for a number of reasons – including stigma and a somewhat arbitrary division between mind and body, Dossett explained.
“You see commercials on TV of happy pregnant ladies. You see magazines of celebrities and their baby bumps, and everybody is super happy. And so, if you don’t feel that way, there’s this tremendous amount of shame … But another part of it is medicine and the way that our health system is set up, it’s just classically divided between physical and mental health.”
Dossett encourages women to tell their doctor about any challenges they’re facing – even if they seem normal.
“There are a lot of people who have significant symptoms, but they think it’s normal,” Dossett said. “They don’t know that there’s a difference between the sort of normal adjustment that people have after having a baby – and it is a huge adjustment – and symptoms that get in the way of their ability to connect or bond with the baby, or their ability to eat or sleep, or take care of their other children or eventually go to work.”
She also encourages health care providers to develop a basic understanding of mental health issues and to ask patients questions about their mood, thoughts and feelings.
CHAMP4Moms is a resource Dossett hopes providers will take advantage of – but she also hopes they will shape and inform the program in its inaugural year.
“We’re available, we’re open for calls, we’re open for feedback and suggestions, we’re open for collaboration,” she said. “We want this to be something that can hopefully really move the needle on perinatal mental health and substance use in the state – and I think it can.”
Providers can call the CHAMP main line at 601-984-2080 for resources and referral options throughout the state.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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