Higgs Visit the Photo Place

ACLU CHIDES JAIL

ACLU sends letter to jail officials, telling them to stop censorship

PDF: Read the ACLU's letter to the jail.

BY ELLEN BILTZ

Date published: 7/10/2009

BY ELLEN BILTZ

The American Civil Liberties Union accused the Rappahannock Regional Jail yesterday of unconstitutionally censoring inmates' mail by cutting out references to the Bible.

In a letter to the jail's superintendent, Joseph Higgs, the ACLU told the jail to "remedy the illegal practices" of cutting out biblical references from letters written to inmates.

The ACLU's letter also alleges that the jail's practice of redacting letter portions taken from the Internet or refusing to deliver documents printed from online is unconstitutional.

The letter cites the example of Anna Williams, who sent letters to her son, an inmate. The letters included Bible verses and references.

"Using scissors or a hobby knife, jail officials literally cut the religious portions out of Ms. Williams' letters and delivered only snippets that did not quote the Bible," the letter states.

Representatives at the jail would not comment yesterday, but Higgs released a short statement through e-mail:

"The information received today through the media prompted me to initiate an internal investigation." The statement said the findings will be reviewed by the Jail Authority Board and William Hefty, the authority's attorney.

Hefty would acknowledge only that he'd received a copy of the letter and was "looking into it."

He wouldn't say how or if the jail would respond to the ACLU.

David Shapiro, an attorney with the ACLU's National Prison Project, said yesterday that he anticipates the jail staff will change their practices after they are made aware of the constitutional issues.

"We fully expect that the jail will realize this is unconstitutional," he said.

Shapiro added that the constitutional issue goes beyond only religious passages.

According to the jail's letter policy, officials also redact statements that appear to be taken from the Internet. That also is a constitutional violation, Shapiro asserts.

The ACLU's letter cites court cases showing legal precedents that find the practices unconstitutional, including one applying to the redaction of Web-provided information.

Shaprio said the main goal is for the jail to realize its mistake.

According to the letter, the ACLU argues, "Jails may limit detainees' right to free speech and free exercise only through restrictions 'reasonably related to legitimate penological interests such as jail security.'"

Joining the ACLU as signers of the letter are organizations including the Rutherford Institute, the Becket Fund for Religious Liberty, and Prison Fellowship.

At the end of the letter, the ACLU requests that the jail not censor mail purely because it contains biblical information, and that it revise its inmate mail policy.

"We look forward to hearing from you and hope that this matter can be resolved without resort to litigation," the letter concludes.

Ellen Biltz: 540/374-5424
Email: ebiltz@freelancestar.com

Rappahannock Regional Jail's inmate mail policy Only 20 pictures are allowed per inmate. No pictures with nudity are accepted. Newspapers, magazines and softback books may be accepted with prior approval. No hardback books are allowed. The only items accepted in inmate mail are letters, money orders and no more than 20 pictures. Any other items are unauthorized and will be destroyed and not placed in inmate property. Those items include stickers, address labels, Internet items, coloring pages, puzzles, and magazine or newspaper articles. Items with monetary value, such as stamps, will be placed in the inmate's property. If mailing via the U.S. Postal Service, the envelope should be addressed as follows: Inmate's Name Rappahannock Regional Jail P.O. Box 3300 Stafford, VA 22555-3300

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Date published: 7/10/2009

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