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Article • April 15, 2011
Homosexual Literature Allowed on Death Row by On March 30, 1999, a Louisiana Magistrate filed his recommendation in a suit filed by death row prisoner George Brooks, Jr., against Louisiana's DOC. The complaint alleged First Amendment violations in regard to five sexually explicit books confiscated from him by the mailroom …
Article • March 15, 2011 • from PLN March, 2011
Virginia Federal Court Invalidates DOC Ban on Sexually Explicit Books by David Reutter by David M. Reutter A U.S. District Court has held that a Virginia Department of Corrections (VDOC) policy which prohibits “works of literature which include an explicit description of a sexual act or intercourse” is unconstitutional, both …
Fourth Circuit Vacates Pornography Restriction on Federal Defendant by The U.S. Court of Appeals for the Fourth Circuit has vacated a set of supervised release conditions that prohibited a defendant from possessing pornography, entering places where pornography could be obtained, having contact with children and requiring that the defendant undergo …
Article • September 15, 2010 • from PLN September, 2010
Oregon Politician Visits Prison, Proposes Porn Ban by Mark Wilson Oregon state representative Greg Smith is up for reelection, and thus looking for a way to win over voters. So why not drop in on an Oregon Department of Corrections (ODOC) facility and engage in some tough-on-crime prisoner-bashing? That’s likely …
Massachusetts’ Prison Ban on Sexually Explicit Material Upheld by A Massachusetts federal district court has held a legitimate penological interest exists for a Massachusetts Department of Corrections policy that bans sexually explicit publications. Before the Court was a lawsuit brought by 11 prisoners, alleging violation of their First Amendment rights. …
Article • May 15, 2010
Federal Court Upholds Kansas Prison Regulation Banning Publications Depicting Bare Buttocks by A Kansas federal district court has held that prison officials may censor publications that depict bare buttocks. The ruling came in a civil rights action that alleged the prison policy that banned publications with such depictions violated the …
First Circuit Upholds Prison Regulation Banning Sexually Explicit Materials by The First Circuit Court of Appeals has affirmed a district court’s grant of summary judgment to prison officials, which upheld a prison regulation banning prisoners’ receipt of publications that feature “nudity” or are “sexually explicit” and the display of “semi-nude, …
Kansas DOC Ban on Bare Buttocks Magazines Questioned by A Kansas federal district court granted prison officials summary judgment on a procedural due process claim and ordered further discovery in a civil rights action alleging First Amendment violation for banning publications that depict bare buttocks. In granting prison officials partial …
Article • April 15, 2010 • from PLN April, 2010
Indiana DOC Changes Sexually Explicit Publication Policy Due to Class-Action Suit by David Reutter by David M. Reutter The ACLU of Indiana has reached a private settlement agreement with the Indiana Department of Corrections (IDOC) in a class-action lawsuit that challenged a policy prohibiting prisoners from receiving sexually explicit materials …
Article • January 15, 2010
First Circuit Rejects Internet, Pornography Restrictions on Sex Offenders by On January 21, 2009, the U.S. Court of Appeals for the First Circuit reversed two special conditions of supervised release imposed on a sex offender. The two conditions, one banning all internet use at home, the other prohibiting the possession …
Pennsylvania Prison Porn Ban Improperly Promulgated, but Not Unconstitutional by The Commonwealth Court of Pennsylvania has held that a state prison rule prohibiting prisoners from receiving or possessing materials containing pornography or nudity was invalid because it was not promulgated as a regulation pursuant to the Commonwealth Documents Law. However, …
Article • November 15, 2009 • from PLN November, 2009
Refusal to Mail Nebraska Prisoner’s Artwork Violates First Amendment by A Nebraska district court has held that prison officials violated a prisoner’s First Amendment right to send and receive mail when they refused to let him mail his drawings. The court’s ruling came on a motion for judgment as a …
Oregon Jail Guards Lose Access to Porn Sites by Mark Wilson Guards at the Multnomah County Detention Center (MCDC) couldn’t be trusted to stay off Internet porn sites during work hours, so Sheriff Bob Skipper pulled the plug effective December 1, 2008. Rampant, improper use of the Internet at the …
Complaint Against Utah DOC for Non-Delivery of PLN Fails Because Defendants Only Negligent; Jail Publication Ban Illegal by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals has rejected several Utah-based civil rights complaints concerning the denial of reading material to prisoners, including issues of Prison …
Court Denies BOP’s Dismissal Motion in Challenge of Ensign Amendment by A Colorado federal district court denied a motion to dismiss filed by the Bureau of Prisons (BOP) in a lawsuit alleging the “Ensign Amendment” violates the First Amendment, as does 28 C.F.R. §540.72, which implements that amendment. The Ensign …
Article • July 15, 2008
Signed Policy, Compelling Interest Permits Colorado County Employee’s Sexually Explicit Email's Disclosure by Arapahoe County (Colorado) Clerk and Recorder, Tracy Baker, and Deputy Clerk Leesa Sale, appealed the court-ordered disclosure of 622 emails and an investigative sexual harassment report. 570 of the emails contained sexually explicit messages between Baker and …
Article • May 15, 2008
Parole Condition Banning Porn Access for Sex Offender Upheld by The criminal defendant, convicted of sexually abusing a child, was sentenced to prison and given a condition of subsequent supervised release that he "not possess any sexually stimulating of sexually oriented material deemed inappropriate by his probation officer and/or treatment …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Article • May 15, 2007
New York Prison Censorship Rules Invalidated by In a class action suit, a federal district court in New York held that "[i]n order to be constitutionally acceptable, a regulation may permit suppression of sexually oriented material only if the material comports with a standard of obscenity defined by the courts …
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