The United States Supreme Court today in Beard v. Banks (June 28, 2006) upheld a Pennsylvania prison policy that deprives the most incorrigible, recalcitrant prisoners of newspapers, magazines, and personal photographs as an incentive for better prison behavior. Pennsylvania still permitted these inmates to possess legal and personal correspondence, religious and legal materials, two library books and writing paper. By a 6-2 vote , the Court rejected prisoners' First Amendment challenges to the regulations. Justice Breyer wrote the majority opinion, Justice Thomas wrote a concurrence joined by Justice Scalia, while Justices Stevens and Ginsburg dissented. Justice Alito did not participate. Neither the majority nor the concurring opinion gave any indication that Pennsylvania's exception for religious material was necessary for the policy to be valid. The Becket Fund had filed an amicus brief in the case arguing that the deprivation theory could equally be used to take away from prisoners their access to the Bible or other sacred texts, or to deny them of the right to otherwise practice their religion, in violation of their constitutional rights to free exercise of religion.
Here is Reuters report on the decision.
