ILNews

Circuit Court upholds ban on pen-pal solicitation by inmates

Back to TopCommentsE-mailPrintBookmark and Share

The First Amendment rights of Indiana inmates aren’t being violated by a ban instituted by the Department of Correction on advertising for pen-pals and receiving materials from resources that allow people to advertise for pen-pals, the 7th Circuit Court of Appeals held Tuesday.

Inmates Dana Woods and Ernest Tope filed the class-action suit against the DOC after an internal investigation into financial fraud and pen-pals led the DOC to limit the source of trust account funds to inmates’ family members and other authorized individuals. The DOC also prohibited inmates from soliciting or commercially advertising for money and goods or services, which includes a ban on advertising for pen-pals.

The inmates challenged the constitutionality of the ban on advertising for pen-pals, in which Judge Jane Magnus-Stinson in the U.S. District Court’s Southern District of Indiana granted summary judgment to the DOC.

Using the four factors outlined in Turner v. Safely, 482 U.S. 78, 89 (1987), which discussed when regulations impinging on inmates’ constitutional rights are valid, the 7th Circuit upheld the ban. Under Turner, there must be a “valid, rational connection” between the regulation and the objective set forth to justify it; the inmates need to have an alternative means of exercising the restricted right; the impact of accommodating the asserted right on prison staff, other inmates, and prison resources generally must be considered; and the regulation must not be an “exaggerated response” that ignores an alternative which would accommodate the inmates’ First Amendment rights at a modest cost to legitimate penological interests.

In this case, Dana Woods, et al. v. Commissioner of the Indiana Department of Corrections, No. 10-3339, the inmates were unable to disprove the validity of the regulation on any of the four factors.

“We close by noting that constitutional rights are not eradicated by one’s incarceration; the liberties enjoyed by the citizenry at large remain available to incarcerated individuals except to the extent that the exercise of such liberties is at odds with the objectives and administration of an effective prison system. Using pen-pal websites to engage in fraud is antithetical to the rehabilitative goals of confinement,” wrote Judge William Bauer. “Here, the IDOC reasonably perceived that continuing to allow inmates to use the sites would passively enable fraud. The regulation enacted to prevent it squarely addressed the threat and is therefore constitutional.”

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

ADVERTISEMENT