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Al Qaida Prisoners Time Magazine Censorship Upheld by Here is a paradigm case, indeed a poster child, of the judicial avoidance of uncomfortable issues. The criminal defendant, the famous "shoe bomber," residing in the Florence, Arizona maximum security prison, complained of Special Administrative Measures (SAMs) denying him incoming mail determined …
Confiscation of Prisoner Author's Book on Anarchy States Claim by The plaintiff alleged that he was attempting to write a book titled "A for Anarchy," and his materials were confiscated and destroyed. On initial screening, the court declines to dismiss at the pleading stage. The Seventh Circuit has held that …
Challenge to Prison Library Purge Properly Exhausted by Plaintiff challenged prison censorship on the ground that similar books to those he was denied were in the prison library; so they purged the prison library of 21% of its contents, e.g., Sophie's Choice, Myra Breckinridge, and "a number of works by …
Censorship of Photos States §1983 Claim by Censorship of Photos States §1983 Claim The U.S. District Court for the Eastern District of Michigan held that a state prisoner's complaint that a prison mail room supervisor denied black prisoners nude photographs of white women while permitting white prisoners to have nude …
Summary Judgment Denial Reversed, Mail Restrictions Okayed by The U.S. Second Circuit Court of Appeals reversed and remanded a New York District Court's denial of prison officials' summary judgment motion in a mail restriction case. Duat A. Duamatoff is a New York Department of Correctional Services (DOCS) prisoner. In 1995, …
Article • May 15, 2007
Censorship of Muslim Literature Struck Down, Detainees Have Right to Confidential Contact with Counsel by The court of appeals for the Fifth circuit affirmed a district court's injunction-prohibiting the Fast Paton Rouge sheriff in Louisiana from censoring the Koran and Muhammad Speaks to jail prisoners. The court reversed dismissal of …
Article • May 15, 2007
Jail Ban on Publications and Exercise Enjoined by A federal district court in North Carolina held that policies in the Gaston county jail banning paperback books, newspapers and magazines and denying detainees an opportunity to exercise were unconstitutional. The detainees were also denied constitutionally meaningful access to the courts. Court …
Article • May 15, 2007
Legal Mail Claim Requires Hearing & Due Process by Legal Mail Claim Requires Hearing & Due Process The court of appeals for the Ninth circuit held that a district court erred when it granted summary judgment to Arizona prison officials sued for opening legal mail outside the plaintiff's presence. The …
Total Ban on Mail Violates First and Fourteenth Amendments by The 8th Circuit held that a total ban on prisoners' mail without exception and without perusing the contents violated prisoners' First and Fourteenth Amendment rights. Michael Murphy and several other prisoners incarcerated at the Missouri Training Center for Men (MTCM) …
Article • May 15, 2007
Washington Gift Publication Ban Unconstitutional by The Ninth Circuit Court of Appeals held that a prisoner may receive books from a publisher and be paid by an outside source. Washington Prisoner Tommie Lee Stewart was refused to possess two books sent directly from the publisher and paid for by his …
Article • May 15, 2007
N.Y. Detainee Rights Upheld Under Due Process by The Supreme Court of New York held that any restraints imposed upon pre-trial detainees in excess of assuring their attendance at trial constituted deprivation of due process, which included limitations on telephone use, receiving and sending letters, non-contact visiting periods, the receipt …
Mail Restrictions Examined Under Turner Standard by The U.S. Supreme Court held that prison regulations allowing the rejection of certain subscription publications must be examined under the standards set forth in Turner v. Safely. This decision further reaffirms the procedural due process protections of Procunier v. Martinez, 416 U.S. 396, …
Article • May 15, 2007
US Supreme Court Holds that Obscenity Is Not Protected by the First Amendment by US Supreme Court Holds that Obscenity Is Not Protected by the First Amendment The US Supreme Court has held that obscene materials are not protected by the First Amendment. The Court defined "obscene material" and applied …
Article • May 15, 2007
California Prison Mail Regulations/Restrictions on Attorney Investigators Unconstitutional by California Prison Mail Regulations/Restrictions on Attorney Investigators Unconstitutional The Supreme Court held that prison regulations forbidding correspondence containing "defamatory matters," "inflammatory political, racial, religious or other views," or that "unduly complain" or "magnify grievances," or were "otherwise inappropriate" were unconstitutional infringements …
Article • May 15, 2007
$170.69 Settlement In WA Gift Book Censorship Suit by In 1998 Ricardo Garcia a prisoner at the Airway Heights Correctional Center (AHCC) in Washington, received a mail rejection notice from the AHCC mailroom for two books he had ordered from a vendor. Garcia had sent out a $1.00 money order …
Punishment for Distributing Buddhist Literature States Claim by The Supreme Court held that a prisoner who alleged that he was prevented from practicing his religious faith and punished for sharing Buddhist literature with other prisoners stated a claim under 42 U.S.C. $ 1983. Fred A. Cruz, a Texas prisoner, filed …
Article • May 15, 2007
Lost Magazine States Free Speech Claim; Dismissal Reversed in Part by The U.S. Seventh Circuit Court of Appeals held that a prisoner adequately pleaded a violation of his First Amendment right to free speech in a case where prison officials seized, and later lost, the prisoner's magazine. While incarcerated at …
Article • May 15, 2007
Publications Ban Unconstitutional by The Fifth Circuit Court of Appeals has held that a ban on publications by a Texas jail was unconstitutional. Stewart Mann was denied access to newspapers and magazines as he awaited trial in the Midland County, Texas, jail. The denial was part of a jail policy …
Indiana Prisoners Win Censorship Suit on Communist Literature and Nude Photos by Indiana prisoners Win Censorship Suit on Communist Literature and Nude Photos A U.S. District Court in South Bend, Indiana held that the Indiana State Prison violated prisoners' right to due process, and unlawfully censored books, newspapers, magazines and …
Article • May 15, 2007
Sheriff's Mass Purchase of Newspapers to Suppress News Unconstitutional. by The Fourth Circuit Court of Appeals held that the mass purchase, on election day, of the St. Mary's Today Newspaper by sheriff's deputies in St. Mary's County, Maryland, to prevent the dissemination of articles they anticipated would be critical of …
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