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July 25, 2009

Pa. Supreme Court Upholds Ban on Pornography in Prison

On Monday the Pennsylvania Supreme Court ruled that the state prison system's ban on pornography did not violate prisoners' rights under the First Amendment or the state constitution. Citing the need to "assist with rehabilitation and treatment objectives, reduce sexual harassment and prevent a hostile work environment, the corrections department had adopted a rule defining pornography as (1) materials in which the purpose is sexual arousal or gratification; or (2) the material containing nudity of the genitals, pubic area, buttocks or female breasts. The prison rules did allow material with "significant literary or educational value" to be approved on a case by case basis, "taking into consideration educational programs the inmate is involved in, and the type of his/her offense (i.e., sexual offender).” In a foreseeable result based on the U.S. Supreme Court's rulings in Turner v. Safely, 482 U.S. 78 (1987) and Beard v. Banks, 548 U.S. 521 (2006), the Pennsylvania Supreme Court found no legal basis for the challenge to the ban filed by Shannon Brittain, a convicted rapist.   

Hat tip to How Appealing.   

JFB

July 25, 2009 | Permalink

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