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NCJ Number: 98105 Add to Shopping cart Find in a Library
Title: More Freedom for the Prison Press - An Emerging First Amendment Issue?
Journal: Prison Journal  Volume:65  Issue:1  Dated:(Spring-Summer 1985)  Pages:107-118
Author(s): D Sneed; H Stonecipher
Date Published: 1985
Page Count: 12
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Language: English
Country: United States of America
Annotation: This article examines how the Federal and State courts have defined the first amendment rights of the prison press and the inmate journalist over the past decade.
Abstract: While the hands-off policy toward problems arising from the administration of prisons has been abandoned, inmates do not enjoy an absolute right to publish all materials in a prison newspaper. Recent Federal and State court decisions suggest that inmates have been granted greater freedom of expression rights than those afforded to journalists who work for private newspapers. The rulings indicate that prisoners retain those first amendment rights that are not inconsistent with their status as prisoners or with legitimate penological objectives. However, the courts have disagreed over the discretionary power granted prison officials who must regulate content of a prison newspaper by balancing prisoners' rights with any perceived threat resulting from publication to prison security, order, or rehabilitation. In the absence of a controlling U.S. Supreme Court decision, rulings on censorship of prison newspapers have been inconsistent on the Federal and the State level. However, recent rulings suggest that prison officials will have to bear an increasingly heavy burden in justifying censorship. Three footnotes and 20 references are included.
Index Term(s): Censorship; Freedom of the press; Judicial decisions; Prison publications; Prisoner's rights
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