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| Appeals Court Reinstates Suit by Inmates Over Films Rated R |
| By New York Times |
| Published: 07/31/2002 |
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A federal appeals court has reinstated a class-action lawsuit brought by prisoners who want to see R-rated movies. The prisoners, all in a federal penitentiary in McKean, Pa., said their First Amendment rights were violated by a 1996 federal law prohibiting 'the viewing of R, X and NC-17 rated movies' in federal prisons. The same law bans a variety of 'amenities or personal comforts,' including martial arts instruction, weight lifting equipment, hot plates and electric guitars. The law, introduced by Representative Richard A. Zimmer, a New Jersey Republican who has since left Congress, was meant to make prison less pleasant. 'Prisons should be places of detention and punishment,' Representative Zimmer said at the time. 'Prison perks undermine the concept of jails as deterrence. They also waste taxpayer money.' Jere Krakoff, a lawyer in Pittsburgh, represents the prisoners. 'If they wanted to ban all movies on the basis of the interest in punishment, they could do that,' Mr. Krakoff said. He also conceded that prisons may ban all X-rated films and other violent and sexually explicit films. But, he said, 'from a political standpoint and a literary standpoint, there is no basis for saying as a categorical matter that all R-rated movies are forbidden.' The legal papers on behalf of the prisoners cite 'Schindler's List,' 'Amistad,' 'Glory' and 'The English Patient' as examples of R-rated movies that should not be forbidden in the federal prison system. A spokesman for the Bureau of Prisons, Daniel R. Dunne, said that X-rated movies were banned before the law was enacted and that prison wardens had discretion over which other films to show. In its legal papers, the government emphasized that the rights of prisoners are limited and that prison security, the deterrence of crime and the rehabilitation of inmates are all served by banning R-rated movies. The lower court judge ruled that the restriction on R-rated movies was 'reasonably related to legitimate penological interests.' Aside from referring to common sense, he did not explain how. The United States Court of Appeals for the Third Circuit, in Philadelphia, reversed that decision on July 24. It sent the case back to the lower court for a fuller consideration of the issues. |
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