NCJ Number
73227
Journal
Columbia Human Rights Law Review Volume: 9 Issue: 2 and V 10, N 1, double issue Dated: (Fall-Winter 1977-78, Spring-Summer 1978) Pages: 353-374
Date Published
1978
Length
22 pages
Annotation
This article for New York prisoners discusses inmates' rights to freedom of speech, the press, and access to the media under constitutional law and present New York prison regulations; these rights are applied to receipt of mail and other issues.
Abstract
In Procunier v. Martinez, the U.S. Supreme Court held that broad, arbitrary censorship of prisoners' personal mail infringes on their right of free speech. Although the courts continue to allow censorship for the sake of prison security or substantial government interest, censorship must be no greater than necessary. Thus, prisons may not censor or restrict either incoming or outgoing prisoner mail without probable cause, although they may inspect all mail and packages except correspondence to or from attorneys, the courts, and public officials. Discussion of freedom of speech protection covers the interrelations of constitutional and State law; briefly describes New York regulations governing the inmate's right to communicate; and examines privileged communications involving attorneys, public officials, and courts. Discussion of censorship of political literature, magazines, and other publications points out that the same rules apply as with mail; publications able to be prohibited, illegal ways that prisons try to restrict prisoners' receipt of publications and examples of prison procedure for legally restricting publications are also covered. Discussion of prisoner access to the media illustrates the restrictions on prisoners as decided in a 1974 U.S. Supreme Court case. A final section provides New York Department of Corrections and New York City regulations for 1976 governing the personal correspondence of prisoners. Footnotes are included.