NCJ Number
100565
Date Published
1985
Length
21 pages
Annotation
Court decisions indicate that inmates have a first amendment right to obtain published materials, limited by the state's concern that materials not promote criminal activity or undermine prison order and security.
Abstract
Publications that clearly violate this standard are those that describe weapons construction, teach criminal methods and escape tactics, and promote inmate unions. The test for marginal publications should be whether the prison administrator reasonably believes the publication may be used to defeat prison security. Sexually explicit material is controversial; sadomasochistic material and child pornography are unacceptable. Some administrators believe explicit depictions of homosexuality aggravate a prevalent prison problem. When an inmate's request for a publication is denied by an administrator, the inmate should have the right to a decision review but not to the extent of a hearing, counsel, or witnesses. The courts will generally not overturn an administrator's censorship decision unless there is substantial evidence that the publication at issue poses no conceivable threat to state interests. 72 notes.