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New law cracks down on freedom of speech, but just in Jackson, lawsuit says

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A federal lawsuit is challenging restrictions on protests held on public ways next to state government buildings in Jackson.

The restrictions are under Senate Bill 2343, which is set to go into effect July 1. Under that law, any event on the sidewalk or streets next to state-owned or -occupied buildings would require prior written authorization from Public Safety Commissioner Sean Tindell or Capitol Police Chief Bo Luckey.

“We have spoken, and the state has responded with a sweeping prohibition of speech next to properties in Jackson occupied by state officials absent prior authorization,” the JXN Undivided Coalition said in a Monday statement. “We should not have to risk arrest and imprisonment for exercising our constitutional rights, including freedom of speech and equal protection under the law.”

The lawsuit was filed Saturday by local community organizers and groups such as the JXN Undivided Coalition, Mississippi Votes, People’s Advocacy Institute, Mississippi Poor People’s Campaign and Black Voters Matter. They are represented by the Mississippi Center for Justice and the MacArthur Justice Center at the University of Mississippi School of Law.

Attorneys for the plaintiffs argue that the law’s requirement for written permission from the state officials is unlawful prior restraint under the First Amendment and it also violates the Equal Protection and Due Process clauses of the Fourteenth Amendment.

The plaintiffs are also asking for declaratory relief and a preliminary and permanent injunction to prevent SB 2343 from going into effect.

Tindell and Luckey are defendants in the lawsuit. Under the law, they are designated as the ones to approve events because they are in charge of the Capitol Complex Improvement District, which is where the governmental buildings are located.

A spokesperson from the Department of Public Safety did not immediately respond for comment Monday and did not say whether the department has reviewed the lawsuit.

MacArthur Justice Center Director Cliff Johnson, who is representing the plaintiffs, said the city of Jackson already requires permits for events held on city sidewalks and streets that might affect access to public space, and those ordinances already carry penalties for failure to comply.

Additional permission is another example of lawmakers disregarding Jackson’s autonomy, he said.

If SB 2343 goes into effect, Tindell and Luckey will have the ability to veto protests, including those against the actions of state government and officials, according to the JXN Undivided Coalition.

“This chills protected speech,” said Paloma Wu, who is representing the plaintiffs from the Mississippi Center for Justice, in a statement.

State-run institutions – Capitol Police and the Capitol Complex Improvement District court – rather than local institutions would be responsible for arrests, prosecution and conviction of people who protest by any state-owned or occupied property without prior permission, according to the lawsuit complaint.

A misdemeanor conviction within the district would carry prison time at the Central Mississippi Correctional Facility rather than jail time, which is possible through House Bill 1020 – a piece of legislation also being challenged in court. 

During recent protests, community members have spoken out about that law’s creation of a separate court system within Jackson and the expansion of authority of the Department of Public Safety and Capitol Police. 

Organizers said they plan to hold protests at the Capitol, Mississippi Supreme Court, the Governor’s Mansion and near other government buildings next month, according to the complaint.

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 1997

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mississippitoday.org – Jerry Mitchell – 2024-12-22 07:00:00

Dec. 22, 1997

Myrlie Evers and Reena Evers-Everette cheer the jury verdict of Feb. 5, 1994, when Byron De La Beckwith was found guilty of the 1963 murder of Mississippi NAACP leader Medgar Evers. Credit: AP/Rogelio Solis

The Mississippi Supreme Court upheld the conviction of white supremacist Byron De La Beckwith for the 1963 murder of Medgar Evers. 

In the court’s 4–2 decision, Justice Mike Mills praised efforts “to squeeze justice out of the harm caused by a furtive explosion which erupted from dark bushes on a June night in Jackson, Mississippi.” 

He wrote that Beckwith’s constitutional right to a speedy trial had not been denied. His “complicity with the Sovereignty Commission’s involvement in the prior trials contributed to the delay.” 

The decision did more than ensure that Beckwith would stay behind bars. The conviction helped clear the way for other prosecutions of unpunished killings from the Civil Rights Era.

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

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Mississippi Today

Medicaid expansion tracker approaches $1 billion loss for Mississippi

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mississippitoday.org – Bobby Harrison – 2024-12-22 06:00:00

About the time people ring in the new year next week, the digital tracker on Mississippi Today’s homepage tabulating the amount of money the state is losing by not expanding Medicaid will hit $1 billion.

The state has lost $1 billion not since the start of the quickly departing 2024 but since the beginning of the state’s fiscal year on July 1.

Some who oppose Medicaid expansion say the digital tracker is flawed.

During an October news conference, when state Auditor Shad White unveiled details of his $2 million study seeking ways to cut state government spending, he said he did not look at Medicaid expansion as a method to save money or grow state revenue.

“I think that (Mississippi Today) calculator is wrong,” White said. “… I don’t think that takes into account how many people are going to be moved off the federal health care exchange where their health care is paid for fully by the federal government and moved onto Medicaid.”

White is not the only Mississippi politician who has expressed concern that if Medicaid expansion were enacted, thousands of people would lose their insurance on the exchange and be forced to enroll in Medicaid for health care coverage.

Mississippi Today’s projections used for the tracker are based on studies conducted by the Institutions of Higher Learning University Research Center. Granted, there are a lot of variables in the study that are inexact. It is impossible to say, for example, how many people will get sick and need health care, thus increasing the cost of Medicaid expansion. But is reasonable that the projections of the University Research Center are in the ballpark of being accurate and close to other studies conducted by health care experts.

White and others are correct that Mississippi Today’s calculator does not take into account money flowing into the state for people covered on the health care exchange. But that money does not go to the state; it goes to insurance companies that, granted, use that money to reimburse Mississippians for providing health care. But at least a portion of the money goes to out-of-state insurance companies as profits.

Both Medicaid expansion and the health care exchange are part of the Affordable Care Act. Under Medicaid expansion people earning up to $20,120 annually can sign up for Medicaid and the federal government will pay the bulk of the cost. Mississippi is one of 10 states that have not opted into Medicaid expansion.

People making more than $14,580 annually can garner private insurance through the health insurance exchanges, and people below certain income levels can receive help from the federal government in paying for that coverage.

During the COVID-19 pandemic, legislation championed and signed into law by President Joe Biden significantly increased the federal subsidies provided to people receiving insurance on the exchange. Those increased subsidies led to many Mississippians — desperate for health care — turning to the exchange for help.

White, state Insurance Commissioner Mike Chaney, Gov. Tate Reeves and others have expressed concern that those people would lose their private health insurance and be forced to sign up for Medicaid if lawmakers vote to expand Medicaid.

They are correct.

But they do not mention that the enhanced benefits authored by the Biden administration are scheduled to expire in December 2025 unless they are reenacted by Congress. The incoming Donald Trump administration has given no indication it will continue the enhanced subsidies.

As a matter of fact, the Trump administration, led by billionaire Elon Musk, is looking for ways to cut federal spending.

Some have speculated that Medicaid expansion also could be on Musk’s chopping block.

That is possible. But remember congressional action is required to continue the enhanced subsidies. On the flip side, congressional action would most likely be required to end or cut Medicaid expansion.

Would the multiple U.S. senators and House members in the red states that have expanded Medicaid vote to end a program that is providing health care to thousands of their constituents?

If Congress does not continue Biden’s enhanced subsidies, the rates for Mississippians on the exchange will increase on average about $500 per year, according to a study by KFF, a national health advocacy nonprofit. If that occurs, it is likely that many of the 280,000 Mississippians on the exchange will drop their coverage.

The result will be that Mississippi’s rate of uninsured — already one of the highest in the nation – will rise further, putting additional pressure on hospitals and other providers who will be treating patients who have no ability to pay.

In the meantime, the Mississippi Today counter that tracks the amount of money Mississippi is losing by not expanding Medicaid keeps ticking up.

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 1911

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mississippitoday.org – Jerry Mitchell – 2024-12-21 07:00:00

Dec. 21, 1911

A colorized photograph of Josh Gibson, who was playing with the Homestead Grays Credit: Wikipedia

Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia. 

When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs. 

He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame. 

The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays. 

Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.

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

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