Federal judge halts law banning inmates on Internet, cites protection of free speech BETH DeFALCO, Associated Press Writer
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(12-17) 21:01 PST PHOENIX (AP) -- A federal judge has ordered the Arizona Department of Corrections to stop enforcing a policy prohibiting inmates from corresponding with, or appearing on, Web sites. U.S. District Judge Earl Carroll granted an injunction request Monday by the American Civil Liberties Union to stop enforcement of the law, which is the subject of a pending lawsuit. "Putting free speech behind bars simply because it concerns prisoners sets a dangerous precedent," said Arizona ACLU attorney David Fathi. "The court's decision makes clear that Arizona may not jail the Internet." The statute, passed by the Legislature in 2000, makes it a misdemeanor for an inmate to communicate with Internet service providers, send a letter to a Web site or to a third party who then forwards it to a Web site or publishes it for the inmate. Inmates can lose privileges, good-behavior credits or face other punishment for violations, corrections officials said. In his ruling, Carroll wrote that protecting the First Amendment is a "compelling public interest." Department of Corrections Chief of Staff Gary Phelps said the law is necessary because inmates use the Internet to defraud the public, contact minors and even plan escapes. An increasing number of prisoners are going online to post their stories on Web sites. Debra Jean Milke, the only woman on the state's death row, has a site
proclaiming her innocence and soliciting donations for her defense. She
was sentenced to die for having her 4-year-old son killed before Christmas
1989.
http://www.aclunc.org/pressrel/020911-prison.html ACLU-NC PRESS RELEASE
First Amendment Victory In Landmark Prison Internet Case SAN FRANCISCO – A U.S. district court judge has ruled that prisoners have a First Amendment right to receive mail that contains material printed from the Internet and entered a permanent injunction barring the California Department of Corrections from "enforcing any policy prohibiting California inmates from receiving mail that contains Internet-generated information." The landmark case Clement v. California Department of Corrections was brought on behalf of Pelican Bay prisoner Frank Clement by the ACLU of Northern California and the Prison Law Office. Clement filed a federal court challenge to the California Department of Corrections policy prohibiting inmates at the prison from receiving any mail that contains material printed from the Internet. "Denying prisoners the right to surf the Internet is one thing," said Ann Brick, staff attorney with the ACLU of Northern California. "But denying them the ability to receive copies of material from the Internet is completely out of step with the way people communicate with each other and obtain information today." Under the current policy, prisoners may receive a clipping of a story from the New York Times by mail, but not a copy of an identical story from the online version; they are prohibited from receiving a copy of an email from a family member, but may receive a handwritten version of the same message. Pieces of mail are classified as contraband simply because they were printed from the Internet. Policies like Pelican Bay's are currently in place in San Quentin State Prison; Avenal State Prison; California Correctional Center in Susanville; California Correctional Institute in Tehachapi; California State Prison, Sacramento; Sierra Conservation Center in Jamestown; and Wasco State Prison. The national law firm of Pillsbury Winthrop is acting as cooperating
attorneys in the case.
URL: http://www.aclu.org/Prisons/Prisons.cfm?ID=10705&c=127 CA Court Says Prisoners Have First Amendment Right To Receive “Snail Mail” Printed From the Internet September 11, 2002 SAN FRANCISCO--In a case that affects prisoners throughout the state, a federal judge today upheld the First Amendment right of a California prisoner to receive mail that contains material printed from the Internet. FOR IMMEDIATE RELEASE
SAN FRANCISCO--In a case that affects prisoners throughout the state, a federal judge today upheld the First Amendment right of a California prisoner to receive mail that contains material printed from the Internet. “It is absurd to classified mail as contraband simply because it was printed from an Internet site,” said Ann Brick, staff attorney with the American Civil Liberties Union of Northern California and lead counsel in a lawsuit filed against the Department of Corrections. “Denying prisoners the right to surf the Internet is one thing, but denying them the ability to receive copies of material from the Internet is completely out of step with the way people communicate with each other and obtain information today.” The landmark case, Clement v. California Department of Corrections was brought on behalf of Pelican Bay prisoner Frank Clement by the ACLU of Northern California and the San Quentin-based Prison Law Office. Clement’s challenge to the California Department of Corrections’ policy came one year after another Pelican Bay inmate lost a similar challenge at the state court level. According to the ACLU’s complaint, under the policy a prisoner was allowed to receive a clipping of a story from The New York Times by mail, but not a copy of an identical story from the newspaper’s website. The policy also prohibited prisoners from receiving printed copies of e-mail from a family members but allowed for a handwritten version of the same message. As a result of today’s ruling, the California Department of Corrections is barred from “enforcing any policy prohibiting California inmates from receiving mail that contains Internet-generated information.” Today’s ruling will affect policies currently in place at San Quentin State Prison, Avenal State Prison, California Correctional Center in Susanville, California Correctional Institute in Tehachapi, California State Prison, Sacramento, Sierra Conservation Center in Jamestown, and Wasco State Prison. In a related case, the ACLU’s National Prison Project and its Arizona affiliate recently filed a lawsuit in Arizona federal district court seeking to invalidate a state law that bans all information about Arizona prisoners from the global Internet. Robert Mittelstaedt of the law firm of Pillsbury Winthrop served as cooperating attorney in the case.
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