~~ A Federal Court Rules that the First Amendment to the US constitution, means that no authority can restrict the flow of ANY information to any citizen, even if that citizen be in jail. I think that is very good. ~~ tp
Guess Who WANTS Junk Mail?
Wed Feb 2, 2005 10:08 AM ET
SAN FRANCISCO (Reuters) - Some Americans might think of junk mail as cruel and unusual punishment, but a U.S. appeals court ruled on Tuesday that prison officials may not stop bulk mail and catalogs from reaching prisoners.
The case stems from a lawsuit against Washington state's Department of Corrections, which had barred its inmates from receiving such mailed materials.
The U.S. 9th Circuit Court of Appeals upheld a lower court ruling and rejected arguments that banning bulk mail makes it easier to run a prison and reduces the risk of fire.
"Publishers have a First Amendment right to communicate with prisoners by mail, and inmates have a First Amendment right to receive this mail," Arthur Alarcon wrote for the three-judge panel.
The "ban on non-subscription bulk mail and catalogs is not rationally related to a legitimate penological interest and is therefore unconstitutional," he added.
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