|
|
| Pennsylvania high court upholds prison ban on adult magazines |
| By Associated Press |
| Published: 05/03/2005 |
|
The Pennsylvania Supreme Court ruled on April 29 that the constitutional free-speech rights of five prison inmates were not violated when the Corrections Department refused to deliver them sexually explicit magazines. But the court did strike down elements of the Prison Litigation Reform Act that imposed court fees on indigent inmates who file lawsuits. The five prisoners sued after the prison system determined that Penthouse and High Society magazines violated administrative rules imposed after a 1998 law made it a criminal offense for inmates to possess obscene material. They argued that the state Obscenity Law violated the Pennsylvania Constitution's right to "speak, write and print on any subject" because the prohibited magazines were available to adults in the general public. "This court has acknowledged that prison inmates do not enjoy the same level of constitutional protections afforded to non-incarcerated citizens," Chief Justice Ralph J. Cappy wrote in the 7-0 opinion in Payne v. Department of Corrections. Cappy said the prisoners failed to adequately counter the prison system's contention that the regulations served legitimate purposes by preventing predatory behavior, homosexual liaisons and the spread of disease, and by improving staff safety. The Corrections Department said that in a 23-month period following adoption of the policy in 1998, the average number of incidents of misconduct fell from 233 per month to 174, and the average number of sexual misconduct incidents dropped from 52 per month to 40. The court overturned a part of the Prison Litigation Reform Act that generally made preliminary injunctions in lawsuits over prison conditions expire after 90 days. Cappy said it was up to the court system to establish its own procedures, and the matter was referred to its Civil Procedural Rules Committee. The judges also sided with the inmates concerning their indigent status. The Prison Litigation Reform Act forced inmates to pay full or partial filing fees, but Cappy said that conflicted with the court's own rule that indigent defendants don't have to pay court costs. In a statement released on April 29, the Corrections Department said officials feared that more frivolous lawsuits would be filed and called on the Supreme Court to enact rules similar to the legal provisions struck down. |
MARKETPLACE search vendors | advanced search
IN CASE YOU MISSED IT
|
Comments:
No comments have been posted for this article.
Login to let us know what you think