Publisher Sues Corrections Corporation of America Over Censorship of Books Sent to Prisoners (9/2/2009)
FOR IMMEDIATE RELEASE CONTACT: media@aclu.org
Phoenix, AZ – Prison Legal News (PLN), a non-profit monthly publication that
reports on criminal justice-related issues, filed suit today in U.S. District
Court against Corrections Corporation of America (CCA), the nation's largest
for-profit prison firm. PLN contends that CCA violated its rights under the
First Amendment and the Arizona Constitution by censoring books sent to
prisoners at the company's Saguaro Correctional Center in Eloy, Arizona.
"Publishers have a well-established First Amendment right to send their
publications and books to prisoners," said PLN editor Paul Wright, "and CCA,
which has been in the prison business for more than 25 years, should have been
well aware of that right."
According to PLN's complaint, the Saguaro prison, which holds prisoners from
Hawai'i and Washington state, maintains a policy that prohibits the receipt of
books from PLN. PLN sells approximately 40 book titles, which include self-help
books, educational books and books on criminal justice topics. In 2008 and 2009,
at least six Saguaro prisoners were prohibited from receiving books from PLN or
informed they could not order from PLN.
"Prison officials do not have the right to censor books and magazines simply
because they dislike the publisher," said lead counsel Sanford Jay Rosen, of the
San Francisco-based law firm of Rosen, Bien & Galvan, LLP. "The actions of
the CCA officials are not only unconstitutional, but make it more difficult for
publishers and the media to gain access to prisoners and for prisoners to
receive information that can assist them in making a successful transition
to society after prison."
As justification for such censorship, CCA employees stated that PLN was an
"unapproved vendor" and claimed that books ordered from PLN constituted "a
serious danger to the security of the facility." Additionally, CCA failed to
notify PLN that its books were being censored, in violation of PLN's right to
due process.
"The actions by CCA continue longstanding patterns of arbitrary decisions by
prison administrators based on their convenience, without regard to the rights
and needs of prisoners and publishers alike," added ACLU of Arizona Legal
Director Dan Pochoda, who is serving as co-counsel on this case.
The Saguaro facility reportedly has a policy that requires prisoners to order
books from Barnes & Noble or Amazon.com. CCA also has a policy that
prohibits prisoners' family members from purchasing books and publications on
their behalf. In addition to naming CCA as a defendant in the suit, the
complaint also names Daren Swenson, CCA's regional manager in Arizona; Todd
Thomas, the warden at Saguaro; and Saguaro's assistant warden and chief of
security.
The case is Prison Legal News v. Corrections Corp. of America, U.S. District
Court for the District of Arizona, Case No. 2:09-CV-01831-ROS. In addition to
Rosen and Pochoda, PLN also is represented by Blake Thompson of Rosen, Bien
& Galvan, LLP and PLN General Counsel Dan E. Manville in Ferndale,
Michigan.
Prison Legal News (PLN), founded in 1990 and based in Seattle, Washington, is
a non-profit organization dedicated to protecting human rights in U.S. detention
facilities. PLN publishes a monthly magazine that includes reports, reviews and
analysis of court rulings and news related to prisoners' rights and criminal
justice issues.
PLN has almost 7,000 subscribers nationwide and operates a Web site (www.prisonlegalnews.org) that includes
a comprehensive database of prison and jail-related articles, news reports,
court rulings, verdicts, settlements and related documents. PLN is a project of
the Human Rights Defense Center.
The complaint is attached and available on-line at: www.acluaz.org.
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