Publisher sues Weld County sheriff over censored inmate mail
Over the last six months, the Human Rights Defense Center claims a northern Colorado county prevented dozens of magazines and informational packets from reaching inmates at the jail.
GREELEY, Colo. (CN) — The nonprofit publisher of Prison Legal News sued Weld County Sheriff Steve Reams in federal court on Tuesday, claiming the northern Colorado county’s jail is preventing inmates from receiving its publications.
The nonprofit Human Rights Defense Center counted 114 pieces of mail rejected by the Weld County Jail since last August, including 40 issues of Prison Legal News, 43 issues of Criminal Legal News, 14 copies of the Prisoners’ Handbook and 13 informational packets.
“Banning these publications from reaching those who are in jail is an affront to the First Amendment, as well as counterproductive to the goals of security and rehabilitation,” said Jonathan Picard, litigation director for Human Rights Defense Center, in a statement.
Based in Boynton Beach, Florida, the nonprofit publishes the monthly Prison Legal News magazine as well as Criminal Legal News and the Prisoners’ Guerrilla Handbook, publications that provide inmates with information about their legal rights. In addition to cutting inmates off from important news and information, the publisher expressed concern in the complaint that the county’s censorship drives subscribers to cancel.
Claiming violations of the First and 14th Amendments, the nonprofit asked the court to grant a preliminary injunction barring the jail from blocking inmates from receiving their mail.
The county jail routinely screens inmate mail, rejecting items that may threaten facility security, support an escape plan or crime or that are harassing in nature. The jail therefore censors material that could “create a hostile or offensive work environment,” “lead to sexual aggression” or “incite racial unrest,” according to the country detention manual.
Although the jail rejects mail for a plethora of reasons — including for containing glitter, glue or pop-ups — the nonprofit said the jail did not explain why its periodicals were sent back.
“Further, defendants have failed to provide HRDC with an opportunity to appeal these censorship decisions before the items were rejected and returned,” the nonprofit said in the 19-page complaint.
In recent years, the Human Rights Defense Center has pursued litigation against nearby Adams and Jefferson counties over similarly censoring the publication.
“The Constitution protects the rights of everyone, including jail inmates, and protects the rights of organizations such as HRDC to educate inmates on their constitutional and civil rights,” said civil rights attorney Darold Killmer in a statement. Killmer, who practices with Killer Lane in Denver, secured a settlement with Jefferson County last year.
A spokesperson for the Weld County Sheriff’s Office declined to comment on the pending litigation.







