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Suit Revived Over Ban on Newspapers in Prison

From Associated Press

PHILADELPHIA Inmates have been known to use newspapers or magazines as weapons, to hide contraband and to fuel fires, but that's not enough reason to ban them from prison, a federal appeals panel ruled Friday.

The U.S. 3rd Circuit Court of Appeals said a ban on newspapers, magazines and photographs at a disciplinary unit at the State Correctional Institution in Pittsburgh "cannot be supported as a matter of law."

The court reinstated an inmate's lawsuit that had been dismissed by a lower court and issued an opinion that probably means the prisoner will prevail.

The ruling was released late Friday; it was not immediately clear whether the state would appeal.

The inmate had argued that the policy in a unit housing inmates with a history of disruptive or violent behavior violated his free-speech rights.

Department of Corrections officials countered that the ban served as an incentive for inmates in the unit to behave better, and said it was necessary to prevent the publications from being turned into weapons. Removing the ban, they said, would force authorities to monitor inmates more carefully.

But the court said inmates had access to many things similar to the banned publications and photos: writing paper, envelopes, library books, a copy of the prison handbook and religious publications are all exempt.

http://www.kvia.com/Global/story.asp?S=3001898

Prison in Pennsylvania may not ban newspapers, magazines and photographs

PHILADELPHIA A federal appeals court says a Pennsylvania prison can't ban inmates from looking at newspapers, magazines or photographs.

The state prison in Pittsburgh had kept the items from inmates in a disciplinary unit of the facility.

The state argues that prisoners had used the items to hide contraband, fuel fires and as weapons. And it says allowing them to have the items would force guards to keep closer watch on the inmates.

However, the judge says inmates have access to other items such as writing paper, library books and religious publications that could also pose a threat.

It's not clear if the state will appeal the ruling.

Copyright 2005 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

http://www.post-gazette.com/pg/05057/463301.stm

Newspaper ban at state prisons is ruled invalid Saturday, February 26, 2005

Pittsburgh Post-Gazette

Over the years, prison inmates have used newspapers and magazines to hide contraband. They've rolled them up to use as spears and they've used them as fuel for fires.

But that's not enough reason to ban prisoners from having them, a federal appeals panel ruled yesterday.

The 3rd U.S. Circuit Court of Appeals said a rule at the state prison in Pittsburgh banning inmates in a disciplinary unit from having newspapers, magazines and photographs "cannot be supported as a matter of law."

It was not immediately clear whether the state would appeal.

An inmate had argued that the policy violated his free speech rights.