Federal Court orders Milwaukee County Jail to stop censorship of books, magazines and mail
The lawsuit filed by the Human Rights Defense Center, a national non-profit that advocates on behalf of the human rights of people held in detention facilities across the country, in August alleged the jail's policy restricting publications to those purchased from a single source — Penguin Random House — violated rights under the First Amendment.
The complaint also alleged that the jail had failed to notify inmates when their mail was censored, violating the due process clause of the 14th Amendment.
Between May 14, 2022, and April 9, 2024, the jail had rejected "scores" of publications sent by the Human Rights Defense Center to inmates, according to a statement from the nonprofit. After the lawsuit was filed, the jail changed its mail policy, the statement added, noting that softcover books and periodicals published by HRDC were accepted into the County Jail.
'We are pleased that the court found the constitutional violations at the jail warranted entry of an injunction against Milwaukee County,' said Human Rights Defense Center Executive Director Paul Wright. 'No one is above the law or the constitution — and sometimes it takes a federal judge to make that clear.'
U.S. Magistrate Judge Nancy Joseph found 'the Jail's revised policy restricting materials from all commercial sources is overbroad" and that 'the public's interest in the safety of jails does not outweigh its interest in protecting inmates' First Amendment rights."
Joseph noted that the Wisconsin Department of Corrections has implemented a constitutional mail policy 'thatallows inmates to receive publications directly from the publisher or other recognized commercial sources in their packages.' Late last year, however, the state agency was slammed by advocates for its ban on used books, citing drug smuggling concerns.
The district court requires 'notice to both the intended recipient and the publisher or recognized commercial source, whichever is applicable' when the jail censors a publication, as well as 'the right to appeal the rejection.'
Contact Vanessa Swales at 414-308-5881 or vswales@gannett.com. Follow her on X @Vanessa_Swales.
This article originally appeared on Milwaukee Journal Sentinel: Federal court orders Milwaukee County Jail to stop books, mail censorship
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