Suit Revived Over Ban on Newspapers in Prison

Inmates have been known to use newspapers or magazines as weapons, to hide contraband and to fuel fires, but that’s not enough reason to ban them from prison, a federal appeals panel ruled Friday.

The U.S. 3rd Circuit Court of Appeals said a ban on newspapers, magazines and photographs at a disciplinary unit at the State Correctional Institution in Pittsburgh “cannot be supported as a matter of law.”

The court reinstated an inmate’s lawsuit that had been dismissed by a lower court -- and issued an opinion that probably means the prisoner will prevail.

The ruling was released late Friday; it was not immediately clear whether the state would appeal.

The inmate had argued that the policy in a unit housing inmates with a history of disruptive or violent behavior violated his free-speech rights.

Department of Corrections officials countered that the ban served as an incentive for inmates in the unit to behave better, and said it was necessary to prevent the publications from being turned into weapons. Removing the ban, they said, would force authorities to monitor inmates more carefully.

But the court said inmates had access to many things similar to the banned publications and photos: writing paper, envelopes, library books, a copy of the prison handbook and religious publications are all exempt.