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Is the R.I. AG’s tweet out of order or protected by the First Amendment? – The Boston Globe

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Is the R.I. AG’s tweet out of order or protected by the First Amendment? – The Boston Globe


So Procaccini agreed to postpone Neronha’s appearance until 9:30 a.m. Friday. But in granting that request, the judge made clear, “Attorney General Neronha is ordered to appear. It is also ordered that there will be no further continuances of this matter.”

However, Neronha doesn’t think he should have to go before the judge. And his office has filed a motion saying so — a motion the judge has yet to rule on.

We asked David A. Logan, a former Roger Williams University School of Law dean who has studied and written extensively about First Amendment issues, to provide Rhode Map with an analysis of this high-profile clash of competing rights, rules, and responsibilities.

Let’s look at Neronha’s argument.

Miriam Weizenbaum, chief of the attorney general’s civil division, wrote in the motion that the judge’s order to appear violates Neronha’s First Amendment right as a member of the public to comment on public affairs. She also argued that the order violates due process and intrudes on Neronha’s “constitutional responsibility to represent the public interest and keep the public apprised as to matters of public policy.”

But AG Neronha isn’t only a public citizen. As a lawyer, he must adhere to the state’s Rules of Professional Conduct, which prohibit “extrajudicial statements” outside the courtroom that “would have substantial likelihood of materially prejudicing” a jury or judge. The rules also require lawyers to show respect for the legal system, including judges.

The assault case in question was being decided by a judge rather than a jury. Indeed, that was the subject of Neronha’s posts on X (formerly Twitter). He noted that in federal courts, prosecutors must agree to so-called bench trials. But in state courts, defendants can get bench trials without approval from prosecutors.

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When an online commenter asked if that can be changed, Neronha wrote, “We’re going to try. When some judges never oversee a jury trial it’s not a coincidence.”

Some saw that as a swipe at Judge Procaccini, who has, in fact, handled many jury trials. (He ended up dismissing the assault charge.) But Weizenbaum argued that the attorney general’s comments addressed a broader policy matter and were not meant as criticism of an individual judge.

In his analysis, Logan noted that, “There are specific rules that govern what a lawyer can say or write, especially when the words concern an ongoing proceeding in which the lawyer is involved.”

He said those rules aim to strike a balance between a lawyer’s First Amendment right to free speech and the need to limit the harm that such speech could do to the fairness of a trial in progress.

”However, these rules recognize that the impact of such speech is likely to be minimal when a case is tried without a jury, on the assumption that judges will not be swayed by such speech,” Logan wrote. “The free speech argument is even stronger when the speaker is raising generalized concerns about the administration of justice rather than focusing on the merits of a particular case that is under deliberation.”

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Also, Logan said, “When the speaker is the chief law enforcement officer in the executive branch, separation of powers principles tilt toward protecting commentary that involves a matter of public concern, like whether criminal cases should be tried without a jury.”

His conclusion? “I do not see any basis for a judge (or state bar) sanctioning a lawyer for the statements made by the attorney general.”

However, “the [tweet] that suggests that the presiding judge is somehow biased against jury trials might be a closer question.”

He added, “This is not to say that tweeting about a case that is under consideration is wise — there is an old caution of ‘not poking the bear’ — but rather that such speech is likely protected by the First Amendment as well as the ethical rules that all lawyers, including the attorney general, must follow.”

Let’s see if Judge Procaccini agrees.

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This story first appeared in Rhode Map, our free newsletter that also contains links to other important Rhode Island stories, information about local events, and more. If you’d like to receive it via email Monday through Friday, you can sign up here.


Edward Fitzpatrick can be reached at edward.fitzpatrick@globe.com. Follow him @FitzProv.





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Rhode Island

Cool Off In A 40-Foot Pool At This Waterfront Airbnb In Rhode Island

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Cool Off In A 40-Foot Pool At This Waterfront Airbnb In Rhode Island


As local travel experts, we know what travelers are looking for when it comes to finding the perfect accommodations for their next trip. To compile our lists, we scour the internet to find properties with excellent ratings and reviews, desirable amenities, nearby attractions, and that something special that makes a destination worthy of traveling for.

We all need a change of scenery sometimes, but that doesn’t necessarily mean our schedules allow us to indulge in our wanderlust for very long. Fortunately, we’ve got so many unique Airbnbs that we never have to travel far to satisfy that need to get away, even if just for a night or two. Whether you want to float in a crystal-clear pool to cool off or prefer spending balmy evenings sitting on the front porch, this waterfront Airbnb in Rhode Island promises a picture-perfect getaway.


View more photos and book your stay at this waterfront home in Tiverton on its official Airbnb page.

Would you stay at this waterfront Airbnb in Rhode Island? Or have you? Let us know in the comments! If you feel like dining out during your stay, dig into a scrumptious meal at Family Ties Restaurant, a family-friendly restaurant in Tiverton, Rhode Island.

Pack your hiking shoes, too, so if you feel like exploring outdoors, you can set off on one of the best hiking trails in Rhode Island.

With A Kid-Friendly Menu, This Incredible Restaurant In Rhode Island Is Perfect For Families

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AG urges R.I. health insurance commissioner to reject proposed premium hikes

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AG urges R.I. health insurance commissioner to reject proposed premium hikes


Rhode Island Attorney General Peter Neronha repeated his calls to fix the state’s ailing health care system in a memo opposed to proposed health insurance premium hikes. The memo also contained thoughts on the subpar funding and financials of Rhode Island’s hospitals, which Neronha also discussed at length during a Health Care Summit at the Rhode Island State House on May 28, 2024, seen here. (Alexander Castro/Rhode Island Current)

Deny, deny, deny: That’s what Rhode Island Attorney General Peter Neronha is asking the state’s health insurance commissioner to do with the premium hikes requested by a half dozen Rhode Island insurance companies for 2025.

Neronha’s office shared on Tuesday a letter to Cory King, who leads the state’s Office of the Health Insurance Commissioner (OHIC). In his letter, Neronha asks the commissioner to reject health insurers’ requested increases that “range from an arguably modest 2.5% to an astronomical 22.7%.”

Earlier this month, Neronha issued a memo opposing proposed 2025 rates by Blue Cross Blue Shield of Rhode Island, the only individual market insurer who submitted an increase more than 10% higher. Neronha’s latest critique is a blanket rejection of proposed increases for small- and large-group plans from six insurance companies.

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Neronha being at odds with health insurers is nothing new — he recommended against requested rate hikes last year, too. King’s office approved most requested rates, albeit with a few percentage points shaved off, which still led to a savings of approximately $24 million. The commissioner is expected to release his office’s decision on this year’s proposed rates later this month.

The Office of Attorney General uses actuaries to analyze proposed rate increases and determine their feasibility. The health insurance commissioner also analyzes the rates, solicits public feedback and ultimately approves or denies the requested increases.

Neronha, whose job duties include consumer protection, wrote in his latest memo that actuarial recommendations might only scratch the surface of a deeper problem. 

“It is not the role of the Attorney General to simply advise whether the actuarial projections provided by an insurer can support requested rate increases; rather, it is incumbent upon the Attorney General to also determine whether such increases are warranted given the health care and economic landscape against which they are sought,” Neronha wrote. “[T]o put it bluntly, we have a system that is broken.”

Neronha pointed out in his memo that “despite significant collective” investment in the health care system, U.S. residents don’t get much bang for their buck, with life expectancy six years lower than in similar countries and subpar health outcomes for people of color. 

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Another systemic problem, specific to Rhode Island: The health insurance commissioner only had jurisdiction over about 15% of Rhode Islanders, thanks to what Neronha calls “the fractured nature of our regulatory scheme.” King’s office reviews rates for only certain kinds of insurance. Self-insured employers who offer insurance via the Employee Retirement Income Security Act of 1974 (ERISA) are exempt because federal law dictates those arrangements. 

Still, Neronha added in a footnote that some health insurers have started to use this office’s tips on methodology, such as changing the data sources used for calculating manual rates, tweaking risk adjustment calculations or calculating small group rates based on comparable data from Massachusetts rather than Pennsylvania.  

“Yet, even when robust actuarial methods are followed, rate increases continue,” Neronha wrote. 

In response to Neronha’s latest critique, Blue Cross reiterated its previous statement: Rising prescription drug costs and higher utilization of medical services in the post-pandemic age ultimately led Blue Cross to an operating loss of $26 million in 2023, wrote spokesperson Jeremy Duncan in an email Thursday.

Spokespeople for both Neighborhood Health Plan and UnitedHealthcare had no comment on Neronha’s memo. The latter had the priciest request overall, with a proposed 22.7% hike on small group market rates. 

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Neronha’s office did not respond to multiple requests for copies of its actuaries’ reports and recommendations.  

Any proposed rate increase over 10% requires review by the attorney general’s office, which is why Neronha targeted Blue Cross in his earlier comments and left alone Neighborhood, with its 5.6% increase. But the most expensive proposals — and the largest number of people whose premiums would be affected — are found in the proposed increases for small- and large-group plans offered by employers. 

Al Charbonneau, executive director of Rhode Island Business Group on Health (RIBGH), wrote in an emailed statement that the group “agrees with the Attorney General that our healthcare system, both in Rhode Island and across the country, is indeed broken…and we support the Attorney General’s call for more substantial changes.”

The rate increases should be rejected, Charbonneau wrote, as they contribute to an “unsustainable” and expensive situation for Rhode Island consumers. A recent brief from the group found that nearly 28% of median household income can now be attributed to Rhode Island’s commercial family premiums. 

“Our analysis shows that the delivery system is the major cause of increasing premiums, although all involved in the provision of services and insurance need to contribute more to affordability,” Charbonneau wrote. “RIBGH supports the idea of paying more to primary care physicians and nursing personnel but also calls for a thorough understanding of where the money was spent if it was not used to support nurses, for example.”

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A Rare Blue Supermoon Is Coming: What To Know In RI

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A Rare Blue Supermoon Is Coming: What To Know In RI


RHODE ISLAND — The rare blue moon coming to the skies above Rhode Island on Monday, Aug. 19, isn’t just special, it’s also the first of four consecutive supermoons.

The moon turns full at 2:26 p.m. Monday. You won’t be able to see it then, but it will appear a bit bigger and brighter than normal as it rises in the east just after sunset. That’s at 7:38 p.m. local time.

The weather has to cooperate, of course. The National Weather Service forecast for early next week — the moon will appear full from Sunday through Wednesday — calls for cloudy conditions, so hopefully the clouds don’t block the moon.

Here’s what you need to know:

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This Is A Seasonal Blue Moon

Monday’s full moon is a blue moon under the traditional definition. Since the 1940s, the term “blue moon” has been used in common usage for the second full moon of a month. That’s not the case here. Monday’s is a seasonal blue moon.

As NASA describes it, a seasonal blue moon is the third full moon that occurs in an astronomical season that has four full moons instead of the usual three.

The first recorded use of the term in English was in 1528, with speculations including the origin of the term was “betrayer moon” because it led to mistakes in setting the dates for Lent and Easter.

“Or,” NASA said, “it may be a comparison to rare events such as when dust in the atmosphere makes the moon actually appear blue.”

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The moon won’t appear blue, barring something unforeseen like that. It will look silvery to gray, just like always.

Except …

It’s The 1st Of 4 Supermoons

“Supermoon” is a term coined in 1979 by astrologer Richard Nolle to describe the phenomenon when the moon’s orbit is closest to Earth, or at perigee, at the same time the moon is full. As the term has been popularized, especially in the past decades, the biggest and brightest full moons of the year have become a favorite among skywatchers.

Supermoons aren’t equal in intensity, and Monday’s won’t be the most impressive in the string of four supermoons coming our way. That’s because some lunar perigees come closer to Earth than others, At “extreme perigee,” that is the closest, the moon can appear 14 percent larger and about 16 percent brighter.

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The supermoons of Sept. 18 and Oct. 17 are “virtually tied for the closest of the year,” NASA says. The last of the four supermoons is on Nov. 15.

Monthly Full Moons Have Other Names

Before anyone started using terms like “supermoon,” full moons were given names to help Native American tribes and others keep track of the seasonal changes that dictated the lives of their communities.

August’s full moon is often called the “full sturgeon moon” because it’s the time of year when sturgeon, a staple for Native Americans in the region, were easily caught in the Great Lakes and Lake Champlain.

It has several other names, including the “flying up moon,” which the Cree used to describe the time of year when young birds fledge their nests, according to The Old Farmer’s Almanac.

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Other names include the “corn or green corn moon,” the “barley moon,” the “herb moon,” the “grain moon,” and the “dog moon,” according to NASA.

Sept. 18’s full supermoon will be a super harvest moon, and it will also undergo a partial lunar eclipse. The Oct. 17 full supermoon will be a super hunter’s moon, and the closest to Earth of the four — though as NASA noted, the Sept. 18 full moon also will come close. And the Nov. 15 full supermoon will be the super beaver moon.

Have a news tip? Email jimmy.bentle@patch.com.



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