PRESS RELEASE
March 15, 2001
ACLU and Prison Law Office Challenge Prison Over Policy Barring Inmates' Access to Internet Content
August 7, 2002
PRESS CONTACT:
Stella Richardson, 415-621-2493
WHAT: The ACLU of Northern California and the Prison Law Office are representing a prisoner in a federal court challenge to a policy prohibiting inmates at Pelican Bay State Prison from receiving any mail that contains material printed from the Internet. The suit argues that the policy violates the First Amendment. A hearing on the motion for summary judgment filed by the State is scheduled for August 9th.
WHEN: Friday, August 9th, 2002
10:00 a.m.
Courtroom of Judge Claudia Wilken
WHERE: Federal District Court for the Northern District of California
1301 Clay Street
Courtroom 2, 4th Floor
Oakland, CA
SAN FRANCISCO - In a landmark case, the ACLU of Northern California and the Prison Law
Office are representing Pelican Bay prisoner Frank Clement in his federal court challenge
to a policy prohibiting inmates at the prison from receiving any mail that contains material
printed from the Internet. The national law firm of Pillsbury Winthrop is acting as
cooperating attorneys in the case.
"This case is not about whether prisoners should be allowed to surf the Internet or
have access to particular kinds of content," says Ann Brick, staff attorney with ACLU-NC.
"This is about barring prisoners' access to information simply because it was downloaded
from the Internet. A policy like this is completely out of step with the way people
communicate with each other and obtain information today. It is no more rational than a
policy requiring that all letters be typed on a typewriter instead of being produced on a
word processor."
Under the policy, prisoners may receive a clipping of a story from the New York Times by
mail, but not a copy of an identical story from the online version; they are prohibited
from receiving a copy of an email from a family member, but may receive a handwritten
version of the same message. Pieces of mail are classified as contraband simply because
they were printed from the Internet.
Information from a website about HIV/ AIDS, Bible study material, materials about parole
schedules and college financial aid, and information about prison rape are all banned if
printed from the Internet.
"Prisoners can be barred from receiving timely information that is crucial to their
health, education, religion or the process of an appeal," says Heather MacKay, an attorney
with the Prison Law Office in San Quentin. "Sometimes, this information is only available
online, or can only be obtained offline at a later date or at additional cost."
"There are plenty of laws that regulate the kinds of content and the volume of
material that prisoners may receive," says Robert Mittelstaedt, an attorney with
Pillsbury Winthrop. "This regulation discriminates against persons who use the Internet
and want to download information of interest to prisoners and send it to them by the mail."
Policies like Pelican Bay's are currently in place in San Quentin State Prison;
Avenal State Prison; California Correctional Center in Susanville; California Correctional
Institute in Tehachapi; California State Prison, Sacramento; Sierra Conservation Center in
Jamestown; and Wasco State Prison. For more information about the case visit the ACLU's website.
