PRISON MAIL CENSORSHIP AND THE FIRST AMENDMENT

• NCJ Number: 7531
• Journal: Yale Law Journal Volume: 81 Issue: 1 Dated: (NOVEMBER 1971) Pages: 87-111
• Author(s): ANON
• Date Published: 1971
• Length: 25 pages
• Corporate Author: Yale University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

SURVEY OF RESTRICTIONS ON INMATE CORRESPONDENCE AND JUDICIAL STANDARDS OF REVIEW, AND SUGGESTIONS OF FIRST AMENDMENT TESTS TO LIMIT THE MAXIMUM SCOPE OF CENSORSHIP.

Abstract

THE AUTHOR CONCLUDES THAT THE FIRST AMENDMENT DOCTRINES OF LESS DRASTIC MEANS AND PRIOR RESTRAINTS ESTABLISH THE CONSTITUTIONAL NECESSITY OF A MORE REFINED SYSTEM OF PRISON MAIL REGULATION THAN THE STRUCTURE OF RESTRICTIONS, PROHIBITIONS, INSPECTIONS, AND DELETIONS NOW PREVALENT AT MOST PRISONS. HE CONTENDS THAT INCOMING MAIL SHOULD ONLY BE SEARCHED FOR PHYSICAL CONTRABAND AND EVIDENCE OF CRIMINAL ACTIVITY. OUTGOING CORRESPONDENCE, IN HIS OPINION, SHOULD BE FREE FROM ROUTINE INSPECTION AND CENSORSHIP. AUTHOR ABSTRACT MODIFIED