Arizona judge deals with how far the First Amendment goes in prison

Lawyer told Capitol Media Services it is permissible for the prison system to withhold materials when they are obscene

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By Howard Fischer, Capitol Media Services via Arizona Capitol Times

State prison officials have been ordered to revise their policy of what inmates can see and read.

In a new order, U.S. District Court Judge Roslyn Silver directed the Department of Corrections to “establish bright-line rules that narrowly define prohibited content in a manner consistent with the First Amendment.” They have until the middle of February to comply.

Silver also said the agency has to limit the discretion of employees to decide on their own what is and is not permitted. And she wants the rules to be crafted in a way to ensure that there is “consistency” in what the prison system considers “sexually explicit material” that can be withheld.

Agency spokesman Andrew Wilder said the department is reviewing the latest order with its lawyers “and will be responding as directed by Judge Silver.”

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