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Article • May 15, 2007
Eighth Circuit Approves Sexually Explicit Reading Rooms by The Eighth Circuit Court of Appeals upheld an Iowa prison rule prohibiting prisoners from possessing certain sexually explicit materials in their cells but allowing those publications to be reviewed in a reading room. The court held that the ban is constitutionally valid …
Article • May 15, 2007
Ninth Circuit Invalidates Sexually Explicit Photograph/Publication Ban by In 1982, the Ninth Circuit Court of Appeals held that a Montana prison rule prohibiting nude photographs was too broad and that less restrictive alternatives existed. The court also held that a ban on sexually explicit magazines such as Hustler violated the …
Article • May 15, 2007
Fifth Circuit Upholds Sexually Explicit Publication Ban by The Fifth Circuit Court of Appeals upheld a Texas prison rule which authorized the denial of sexually explicit publications. The court characterized the prisoner's challenge as a facial challenge which was foreclosed by Guajardo v. Estelle, 568 F.Supp. 135 (SD TX 1983) …
Article • May 15, 2007
Supreme Court Defines "Obscenity" by The United States Supreme Court held in a California case that obscenity "must . . . be limited to works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which, taken as …
Article • May 15, 2007
Seventh Circuit Upholds BOP Nude Photograph Ban by The Seventh Circuit Court of Appeals upheld a federal prisoner's challenge to the rejection of personal photographs of nude and seminude female acquaintances. The rule in question prohibited personal photographs but allowed photographs published for commercial use. The court held "that the …
Article • May 15, 2007
Prison Magazine Censorship Reversed by The Eighth Circuit Court of Appeals held that prison officials violated a South Dakota prisoner's constitutional rights by refusing to allow him to receive a magazine entitled Mature. In rejecting the magazine prison officials stated: "the magazine has absolutely no rehabilitative value. It is nothing …
Article • May 15, 2007
Nude Photograph Case Was Not Frivolous by The Second Circuit Court of Appeals held that a New York prisoner's complaint alleging that a prison policy prohibiting his possession of noncommercial nude photographs violated his First Amendment rights was not so frivolous as to warrant dismissal without giving the prisoner the …
Nude Photo Publication Rejection by Florida Jail Upheld by The Eleventh Circuit Court of Appeals has affirmed a Florida District Court's grant of summary judgment to officials at the Palm Beach County Detention Center in a prisoner's suit alleging the officials unconstitutionally deprived him of access to various publications. The …
Kansas Prisoner's Sexually Motivated Behavior In Custody Leads To Sex Offender Classification by The Kansas Court of Appeals ruled in State prisoner Roland Hill's state habeas corpus petition that he could be classified and managed as a sex offender while incarcerated and under post release supervision based on sexually motivated …
Article • May 15, 2007
5th Circuit Upholds Sexually Explicit Publication Ban by The Fifth Circuit Court of Appeals upheld a prison rule which authorized the denial of sexually explicit publications. The court characterized the prisoner's challenge as a facial challenge which was foreclosed by Guarjardo v. Estelle, 568 F.Supp. 135 (S.D.Tex. 1983) and Thornburgh …
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 …
Article • May 15, 2007
Due Process Required when Porn Censored by Due Process Required When Porn Censored A federal district court in Missouri upheld the prison censorship of sexually explicit materials. The court notes that due process requires that the censorship of prisoner mail be done with due process safeguards, including notice to the …
Article • May 15, 2007
No Judicial Review or Order Required for Prison Censorship by The U.S. Court of Appeals for the Seventh Circuit held that the Wisconsin Department of Corrections (DOC) did not have to obtain a court order or initiate judicial proceedings against publications to censor them. A prisoner incarcerated in the Wisconsin …
Wisconsin Prisoner Must Exhaust Administrative Remedies Before Filing Suit by The Supreme Court of Wisconsin held that under the Prison Litigation Reform Act(PLRA), a prisoner must exhaust administrative remedies before bringing an action in a circuit court. A prisoner confined at the Columbia Correctional Institution in Portage County, Wisconsin, brought …
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 …
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 …
Sua Sponte Dismissal for Factual Frivolity Appropriate Only if Facts Alleged Are Clearly Baseless by Sua Sponte Dismissal for Factual Frivolity Appropriate Only if Facts Alleged Are Clearly Baseless Billie Elliott is a prisoner at the Lansing Correctional Facility (LCF) in Lansing, Kansas. LCF mailroom guards denied him several issues …
Parole Condition Banning Pornography Too Vague by The defendant, convicted of possessing child pornography, was forbidden as a condition of post-incarceration supervised release to possess any pornography, child or otherwise. The court rejects the government's position that the condition isn't ripe for judicial review until it is enforced, since it …
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