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Inmate can be denied sexually explicit materials, judge rules

By The Associated Press
07.14.08

DENVER — A federal judge says an inmate at a high-security Colorado prison can be denied access to sexually explicit books and magazines.

A 1996 law bars the use of government funds to distribute materials that are sexually explicit or feature nudity to prisoners. Inmate Mark Jordan sued when mailroom workers at the SuperMax prison in Florence withheld such publications as the Kama Sutra that were sent to him.

Jordan, who is serving time for bank robbery and murder, argued that the practice violated his First Amendment and due-process rights.

Judge Edward Nottingham said in his opinion that the practice didn't violate Jordan's constitutional rights. He told the U.S. Bureau of Prisons to keep the materials until after administrative appeals in the case were finished.


Related

Pennsylvania high court upholds prison ban on adult magazines

Justices rule inmates' free-speech rights weren't violated when corrections officials refused to deliver Penthouse, High Society. 05.02.05

Ruling against expression is no music to inmates’ ears
By David L. Hudson Jr. 3rd Circuit defers to Pennsylvania prison officials's claims that allowing inmates to play in independent bands posed security risk. 07.23.08

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