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Clement v. California Dept. of Corrections.

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Clement v. California Dept. of Corrections, 220 F.Supp.2d 1098 (N.D.Cal. 2002). A prisoner brought a civil right action regarding his medical treatment for colon cancer, and a First Amendment claim challenging a prison mail policy that banned the inclusion of Internet-generated materials in regular mail received by prisoners. The court granted injunctive relief to the prisoner, finding that the policy of banning Internet-generated materials in regular mail violated the prisoner's First Amendment right to receive information through incoming mail. The court concluded that the policy was not rationally related to any penological interest in controlling the volume of mail, and was an arbitrary substitute for a more direct means of regulating the volume of mail. The court noted that no evidence supported the assertion that Internet-generated materials were more likely to contain coded criminal correspondence, or that such materials were any more difficult to trace than permissible anonymous mail. The court did not view transcription and summarization of Internet-produced material as a viable alternative to downloading and transmitting such materials by regular mail to prisoners who did not have access to the Internet. (Pelican Bay State Prison, California)
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Title Annotation:FREE SPEECH, EXPRESSION, ASSOC.
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U9CA
Date:Feb 1, 2003
Words:198
Previous Article:Ashker v. California Dept. of Corrections.
Next Article:Gatlin Ex Rel. Gatlin v. Green.
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