The following article from
"Civil Liberties News Online"
Number 212, August, 1999
has been reproduced with permission from the

Minnesota Civil Liberties Union


 

MINNESOTA DOC AGREES TO REWRITE RESTRICTIVE INTERNET POLICY
In response to pressure from the MCLU, the Minnesota DEpartment of Corrections has agreed to rewrite their policy prohibiting inmates from accessing the Internet through third parties. Minnesota law prohibits inmates from having direct access to the Internet unless it is for valid vocational or educational pruposes. The Department of Corrections took the law much further and banned all inmate access to the Internet, including access through third parties. Because the policy is so broad and vague, it has the effect of banning a multitude of condtitutionally protected speech. While the free speech rights of inmates are significantly less because of the realities of prison security, prison regulations affecting free speech must be reasonably related to legitimate penological interests such as safety and security in the facility.

In a letter to the Department of Corrections, the MCLU argued that the DOC's current Internet policy is not reasonably related to lgitimate pehological intereests. The MCLU was contacted by several inmates affected by the policy. One inmate was forced to tell his family that they could no longer maintain a website asserting his innocence and providing information about his legal defense because they were technically providing him with third party access to the internet. Another inmate was forced to remove an internet pen pal ad (shich he sighned up and paid for through the U.S. mail), despite a general prison policy allowing such ads in print media. Under the jpolicy, and inmate who wrote a letter to the editor of a newspaper that posts its content online would be subject to discipline. MOreover, inmates whose casess are posted online via the Minnesota Supremej Court website would be in violation of the policy. In their letter, they argued that the DOC's ligitimate safety and security concerns surronding inmate third party Internet access could be more easily addressed through existing visitation, telephone, and mail policies, because these are the only means by which inmates could gain third party Internet access.

The DOC notified the MCLU in early July that it would be rewriting the policy to more accurately reflect their legitimate safety and security concerns. The MCLU is optimistic that the new policy will conform to constitutional standards and will not produce the over-arching effects of the current policy.

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