Senseless Prison Practices Silence Free Speech

 The United States Constitution protects First Amendment rights of free speech. This protection has been applied in various settings in a variety of ways, including in a prison context. The United States Supreme Court has held, in important rulings over the past several decades, that prisoners enjoy First Amendment protections, too, though understandably limited in some circumstances. 

An important Supreme Court case critical to the protection of prisoners' First Amendment rights is Turner v Safley (482 US 78 (1987)). This case sets a five point standard by which First Amendment questions are evaluated for prisoners. The problem is that the State of Michigan, at least, has essentially ignored this standard when evaluating prisoners' First Amendment rights. 

In particular, some Michigan prisons have begun, especially in the last few years, to adopt a very strict practice of censorship. Prisoners who write books or articles are being prevented from receiving copies of their published works. Entire publications are being censored at prisons where a prisoner author resides, if his work is in the publication. Even books of poetry authored by prisoners are being censored. 

Nowhere in Michigan's prison policy are prisoners prohibited from receiving copies of their own published works, but that doesn't stop the Department from enforcing an unwritten policy to suppress prisoner expression of free speech. Prison policy specifically prohibits censorship of material that is deemed controversial or even repugnant, but prison staff censor all prisoner writings anyway. 

Prisoners who disagree with such decisions have access to a grievance system. They can file a grievance against the decision maker, or even challenge the basis for such a decision. But for years now, Michigan's grievance system has been useless. Grievance coordinators and other staff have conspired to ignore policy requirements for proper grievance processing, but stringently require absolute adherence to policy by prisoners. 

Grievances are not investigated, prisoners are not afforded their rightful hearing, and policy requirements are routinely ignored, or worse, blatantly violated. There is virtually no oversight that holds the Department of Corrections accountable to follow the rules. 

The Michigan Legislature has an "Ombudsman" whose job it is to review complaints about department violations of law and policy. The current Ombudsman has held his position for decades, and his department routinely ignores or brushes off patterns of abuse by the Michigan Department of Corrections. There is in practice almost no accountability to ensure prisoners are being treated fairly and according to firmly established law. 

Constitutionalists are deeply concerned about the growing practice of censorship in America. Education, business, and politics are not the only realms where free speech and free exchange of ideas are under fire. Prison officials, too, are systematically silencing the voices of prisoners, perhaps seeking to protect a system that is marked by rampant failure and shockingly deep apathy.  

It's a sad, sad day in America when prisoners are not allowed to receive even a notebook of blank lined paper. God forbid should they journal about their prison experiences or write down their own thoughts. What exactly are prison officials trying to protect with such severe, senseless, and unconstitutional censorship practices? 
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Check out my book that the Michigan Department of Corrections has censored (though at least one official believed it would make great training material for new officers!). It dares to pull back the curtain on life in Michigan prisons and empower families to help prisoners truly change. Insider's Guide to Prison Life is available now on Amazon.com.