Beard v. Banks
Issues
What right do prisoners have to read secular publications and display photographs while serving their sentences? To what extent can prison officials infringe on this right to serve the prison’s legitimate policy goals?
The Long Term Segregation Unit (“LTSU”) of the State Correctional Institution at Pittsburgh, Pennsylvania was established to house “the worst of the worst” of the prison’s population. When they first enter the LTSU, inmates cannot keep newspapers, magazines, or photographs in their cells, though they have limited access to religious and legal materials. In this case, the Supreme Court will decide whether the prison’s regulation is “rationally related to a legitimate penological interest,” and therefore constitutional under the Court’s holding in Turner v. Safley.
Questions as Framed for the Court by the Parties
Does a prison policy that denies newspapers, magazines and photographs to the most difficult inmates in the prison system in an effort to promote security and good behavior violate the 1st Amendment?
The Long Term Segregation Unit (“LTSU”) in Pittsburgh’s State Correctional Institution serves as a prison within a prison, housing inmates deemed “too disruptive, violent or problematic” to reside in the general prison population. Banks v. Beard, 399 F.3d 134, 136–137 (3rd Cir. 2005). Inmates may end up in the LTSU after unsuccessful escape attempts, assaults on guards or fellow prisoners, or incidents of sexual predation. Id.
Additional Resources
- Law about... Prisoners' Rights