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FDOC Pen Pal Advertising Ban Passes Constitutional Scrutiny
Loaded on Oct. 15, 2011
by David Reutter
published in Prison Legal News
October, 2011, page 11
by David M. Reutter
Filed under:
Federal Statutory Law,
RLUIPA,
Mail Regulations,
Due Process,
Access to Media.
Location:
Florida.
In January 2011, a federal district court granted summary judgment to the Florida Department of Corrections (FDOC) in a lawsuit challenging FDOC rule 33-210.101(9), Florida Administrative Code, which prohibits prisoners from advertising for pen pals or receiving correspondence from organizations that provide such services.
The suit …
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More from this issue:
- The Failed Promise of Prison Privatization, by Richard Culp, Ph.D.
- From the Editor, by Paul Wright
- FDOC Pen Pal Advertising Ban Passes Constitutional Scrutiny, by David Reutter
- Human Rights Defense Center Litigation Update, by Lance Weber
- Economy Forces States to Rethink Juvenile Justice Policies, Priorities
- California’s Behavior Modification Programs – Abuse of Prisoners, Racism and Cover-Ups
- D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners
- Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies, by Michael Brodheim
- Massachusetts Prisoners Receive Expired Food Rejected by Schools
- Tennessee Jail Detainee Shackled During Childbirth Awarded $200,000
- California District Court Rips Feds for “False and Misleading Information” in FOIA Case, Then Does Nothing
- California Inspector General Expresses Concerns About Out-of-State Private Prisons
- Oregon Aggravated Murder Statute Creates Liberty Interest, by Mark Wilson
- FBI Claims 2,500 Percent Increase in Child Porn Arrests
- Montana Jail Agrees to Provide Addiction Treatment for Pregnant Prisoners
- Pennsylvania Councilman Takes Private Prison Company’s Donation, then Opposes Detention Center
- $10,000 Settlement in North Carolina Prisoner’s Pepper Spraying
- Department of Justice Report on Sexual Victimization in Prisons and Jails
- Los Angeles County Pays $400,000 to Settle Juvenile Jail Prisoner Wrongful Death Suit
- 90% Remittitur of $750,000 Strip Search Verdict Vacated; Plaintiffs Accept $440,385.08 on Remand, by Mark Wilson
- Postcard-Only Mail Policy Enjoined at Colorado Jail
- Prisons Are Breeding Ground for Terrorists?, by Mark Wilson
- Former Florida Prison Guard Sues for Reinstatement Under Whistleblower Act
- Prison Legal News Sues Arizona Jail Over Restrictive Mail Policy
- Budget Cuts Threaten Oregon Juvenile Offenders
- Congressional Budget Resolution Cuts Some DOJ Programs
- Fugitive Oregon DOC Food Manager Getting Homesick in Iran
- Oregon Juvenile Who Attempted Suicide Settles Negligence Suit for $192,500
- Sexual Misconduct Topples Two Oregon Prosecutors
- Taser International Settles Product Liability Lawsuit for $2.85 Million, by Michael Brodheim
- U.S. Supreme Court: State P&A Can Sue Another State Agency for Records, by David Reutter
- PLN Sues Kansas Jail Over No-Publication Policy
- Jail Guitar Doors, USA Offers Free Musical Instruments to Prisons, by Bruce Reilly
- Florida’s Prison Industry Criticized for Failing in Mission, by David Reutter
- Oregon Prison Guard Guilty of Contraband Smuggling
- Report Finds Federal Prisoners Exposed to Toxic Metals in Recycling Jobs
- ICE, CCA Settle ACLU Lawsuit Regarding Health Care for Immigration Detainees, by Derek Gilna
- Sixth Circuit: Prisoner Must be Allowed Direct Appeal When Prison Delayed Appeal Mailings, by Matthew Clarke
- CCA Psychiatrist’s License Restricted for Sexual Misconduct with Florida Female Prisoners
- Louisiana Sex Offender Agrees to Surgical Castration, by David Reutter
- CORRECTIONS To Danny Trejo Interview in August 2011 PLN
- News In Brief:
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Illinois Jail Reprimanded for Denying Detainees Mail Based on Media Content, P.O. Box Return Address, Settles Detainees’ Suit with $111,825 Payment of Legal Fees, May 1, 2026. Publications/Books, Mail Regulations, Censorship, First Amendment, rights, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026. Injunctions, Publications/Books, Due Process, Censorship, HRDC Litigation.
- HRDC Sues Colorado Jail for Prohibiting Dozens of Magazines and Books, May 1, 2026. Publications/Books, Due Process, Censorship, Constitution, state, HRDC Litigation.
- Tulsa Jail Withholds Records Related to Detainee Deaths, April 1, 2026. Private Prisons, Wrongful Death, Suicides, Access to Media, Public Records Act.
- Like Prisoners, Most Jail Detainees Now Banned from Receiving Physical Mail, March 1, 2026. Jail Specific, Mail Regulations, Legal Mail, Censorship, Digital Devices, Private Phone Contractors.
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- Mail Went Digital in Alabama Prisons. Families Are Saying Their Mail Isn’t Being Delivered, March 1, 2026. Mail Regulations, Legal Mail, First Amendment, rights, Access To Courts, Access to Computers.
- Number of Narcan Doses Raises Drug Concerns at New Jersey Prisons, March 1, 2026. Drug Overdose, Mail Regulations, Drug Treatment/Rehab, Administrative Detention/Segregation.
- Most U.S. Prisoners Now Barred from Directly Receiving Physical Mail, Feb. 1, 2026. Mail Regulations, Due Process, Legal Mail, Censorship, Warrantless Searches, Electronic Surveillance.
- HRDC Sues Minnesota DOC Over Censorship Policy, Feb. 1, 2026. Publications/Books, Due Process, Censorship, First Amendment, HRDC Litigation.