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Posted: 10/7/2010 11:55:00 AM EDT

APNewsBreak: ACLU sues SC jail over Bible policy





COLUMBIA, S.C. — A South Carolina jail was sued Wednesday over its
policy barring inmates from having any reading material other than the
Bible.



...



"Our inmates are only allowed to receive soft back bibles in the mail
directly from the publisher," First Sergeant K. Habersham noted in the
e-mail. "They are not allowed to have magazines, newspapers, or any
other type of books."



...



"Not only does it prevent communication and clearly violate free speech
rights, it also violates the establishment clause because it
discriminates on the basis of religion," said David Shapiro

Link Posted: 10/7/2010 11:59:32 AM EDT
[#1]
Link Posted: 10/7/2010 12:00:59 PM EDT
[#2]
Not like there is any blood or violence in that book!!!
Link Posted: 10/7/2010 12:02:08 PM EDT
[#3]
Quoted:
Not like there is any blood or violence in that book!!!


Link Posted: 10/7/2010 12:02:37 PM EDT
[#4]
i thought you were in prison specifically because your rights were taken away from you by a jury of your peers
Link Posted: 10/7/2010 12:02:40 PM EDT
[#5]



Quoted:


More evidence that there is rarely rehabilitation accomplished in prisons.  In the words of a very famous prison warden from TX who I had the honor to hear speak, "We don't rehabilitate anyone.  We're a warehouse for the individuals society would rather not interact with."


Rehabilitation isn't possible....



If the experience of being a prisoner once or twice doesn't set 'em straight, then they need to be warehoused...





 
Link Posted: 10/7/2010 12:02:58 PM EDT
[#6]
Quoted:
Not like there is any blood or violence in that book!!!


BRILLIANT!
Link Posted: 10/7/2010 12:05:10 PM EDT
[#7]



Quoted:



APNewsBreak: ACLU sues SC jail over Bible policy





COLUMBIA, S.C. — A South Carolina jail was sued Wednesday over its policy barring inmates from having any reading material other than the Bible.



...



"Our inmates are only allowed to receive soft back bibles in the mail directly from the publisher," First Sergeant K. Habersham noted in the e-mail. "They are not allowed to have magazines, newspapers, or any other type of books."



...



"Not only does it prevent communication and clearly violate free speech rights, it also violates the establishment clause because it discriminates on the basis of religion," said David Shapiro



I'm almost 100% certain that the policy doesn't exclude the Quran, Book of Mormon, etc.

 



Secondly, the ACLU needs to STFU and realize that prisoners don't have all the same rights that free people do - free speech is one of them.  Their contact with the outside is controlled.




I've been wrong before, but if I'm wrong on this I will be shocked.
Link Posted: 10/7/2010 12:07:09 PM EDT
[#8]
I believe that he is right that- it uses state authority to promote a particular religion (Christianity). They should allow any similar religious book (ie. Koran, Talmud, Baghevad Gita, Dama Pada, etc...) as well- to accomodate prisoners of various sects.
Link Posted: 10/7/2010 12:07:19 PM EDT
[#9]



Quoted:





Quoted:

More evidence that there is rarely rehabilitation accomplished in prisons.  In the words of a very famous prison warden from TX who I had the honor to hear speak, "We don't rehabilitate anyone.  We're a warehouse for the individuals society would rather not interact with."


Rehabilitation isn't possible....



If the experience of being a prisoner once or twice doesn't set 'em straight, then they need to be warehoused...



 


Fuck, I used to TELL people that I did "Warehousing" for a living when I worked at the Prison.

 



Sure, some of them get rehabilitated... but it's such a small number that it's basically irrelevant.




All the "programs" offered to them they wouldn't do if they weren't offered a time cut in return for it.




This coming from the guy who used to work in a drug treatment unit of a prison.




They don't give a fuck, they just want the time cut.
Link Posted: 10/7/2010 12:37:38 PM EDT
[#10]
Quoted:
I believe that he is right that- it uses state authority to promote a particular religion (Christianity). They should allow any similar religious book (ie. Koran, Talmud, Baghevad Gita, Dama Pada, etc...) as well- to accomodate prisoners of various sects.


I want to see court documents that they were not. The OP is fishing (for about the fiftieth time), and it only works when people take the hook.

If I were a gambling man, I'd wager that that the offended prisoner got mad that they wouldn't let him get Hustler, but the "churchies" could order a New Testament. When they asked 1st Sgt. Billy Joe Jim Bob about it he stated, “they can only get Bibles”, probably because no one had ever asked him for a Talmud before. In this day & age, I simply do not believe that a prison anywhere in this country would dare to deny an inmate his holy book of choice.

Prove me wrong, and I will gladly admit it.
Link Posted: 10/7/2010 1:13:08 PM EDT
[#11]
Quoted:
More evidence that there is rarely rehabilitation accomplished in prisons.  In the words of a very famous prison warden from TX who I had the honor to hear speak, "We don't rehabilitate anyone.  We're a warehouse for the individuals society would rather not interact with."


Considering how relatively **difficult** it is to get into prison, that's saying a LOT. Most jurisdictions give you LOTS of chances before they lock you up.
Link Posted: 10/7/2010 1:16:46 PM EDT
[#12]
Quoted:
i thought you were in prison specifically because your rights were taken away from you by a jury of your peers



Jail, prison, same thing.

Link Posted: 10/7/2010 1:17:36 PM EDT
[#13]
Criminal rehab is like addiction rehab. It only works if you really want it to and even then without 100% certainty.
Link Posted: 10/7/2010 1:24:26 PM EDT
[#14]
What ever happened to three strikes and we shoot you in the back of the head upon conviction of your third felony offense?  
Link Posted: 10/7/2010 1:30:56 PM EDT
[#15]
What a stupid fucking idea.

If reading isn't constructive behavior, why are we encouraging kids to do it?

Link Posted: 10/7/2010 1:31:46 PM EDT
[#16]
Quoted:
Criminal rehab is like addiction rehab. It only works if you really want it to and even then without 100% certainty.


Very well stated...
Link Posted: 10/7/2010 1:33:12 PM EDT
[#17]
Quoted:
Quoted:
I believe that he is right that- it uses state authority to promote a particular religion (Christianity). They should allow any similar religious book (ie. Koran, Talmud, Baghevad Gita, Dama Pada, etc...) as well- to accomodate prisoners of various sects.


I want to see court documents that they were not. The OP is fishing (for about the fiftieth time), and it only works when people take the hook.

If I were a gambling man, I'd wager that that the offended prisoner got mad that they wouldn't let him get Hustler, but the "churchies" could order a New Testament. When they asked 1st Sgt. Billy Joe Jim Bob about it he stated, “they can only get Bibles”, probably because no one had ever asked him for a Talmud before. In this day & age, I simply do not believe that a prison anywhere in this country would dare to deny an inmate his holy book of choice.

Prove me wrong, and I will gladly admit it.


It is an interesting situation.

I downloaded the PDF of the complaint from the ACLU website, because of your post.

As I expected, there is an Establishment Clause claim (items 65-73), HOWEVER it is not the primary claim and does not seem to have been tested. A bulk of the claim seems to deal with legal literature- so it is not quite a "Hustler" issue either.
I am including an excerpt from the Factual Allegations section re. what was rejected:
2. Rejection of Books and Magazines
23. Defendants have refused to deliver every book and every magazine that Plaintiffs have sent to detainees at the Detention Center. Since 2008, Plaintiffs have sent copies of Prison Legal News to at least nine detainees and books to at least three detainees. The publications often have been returned to sender, and Plaintiffs have never received any confirmation that a publication was delivered.
24. Among the books sent by Plaintiffs but rejected by the Detention Center was Protecting Your Health & Safety. Prison Legal News distributes Protecting Your Health & Safety under a contract with the Southern Poverty Law Center, which publishes the book. The Southern Poverty Law Center’s website describes Protecting Your Health and Safety as follows: “Designed to help inmates who are not represented by an attorney, Protecting Your Health & Safety explains the legal rights inmates have regarding health and safety – including the right to medical care and to be free from inhumane treatment.”
6
25. Acting pursuant to policies established, maintained, and enforced by Defendants DeWitt, McElvogue, and Riley, John Doe Defendants 1-4 refused to deliver issues of books and magazines sent by Plaintiffs, returning or discarding such materials.
26. The ban on publications also prevents Plaintiffs from sending to detainees the Prisoners’ Self-Help Litigation Manual, a book published by Oxford University Press and distributed by Plaintiffs. Widely used by prisoners and attorneys who represent prisoners, the book is described by Oxford University Press as an “indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents.”
27. Prison Legal News, and the books distributed by Plaintiffs that the Detention Center prohibits, constitute core protected speech, which is not objectionable on security or any other grounds. All of the books sent by Plaintiffs to detainees at the Detention Center had soft covers. All of the copies of Prison Legal News sent to detainees at the Detention Center had soft cover-pages and no covers.


Here is the part about the Establishment Clause claim:
THIRD CAUSE OF ACTION
Discriminatory Censorship of Books, Magazines, and Letters on the Basis of Religion
Establishment Clause (First Amendment)
Injunctive and Declaratory Relief and Compensatory and Punitive Damages
65. Defendants have a policy of prohibiting detainees from receiving in the mail any publications or books other than the Bible. Such policy was established, maintained, and enforced by Defendants DeWitt, McElvogue, and Riley, and carried out by John Doe Defendants 1-4, who refused to deliver books, magazines, and letters sent by Plaintiffs to detainees.
66. Such policy discriminates against Plaintiffs on the basis of religion and violates the Establishment Clause of the First Amendment. The books, magazines, and letters that Plaintiffs send to incarcerated persons are secular in nature and pose no threat to Detention Center security. 67. There is no rational, non-discriminatory reason to differentiate between the Bible and the
13
books and magazines sent by Plaintiffs. There is likewise no rational, non-discriminatory reason to differentiate between the Bible and letters sent by Plaintiffs.
68. Defendants’ policy of banning all publications other than the Bible, and refusing to deliver Plaintiffs’ letters, violates the Establishment Clause, both facially and as applied to Plaintiffs.
69. In banning all publications other than the Bible, and refusing to deliver Plaintiffs’ letters, Defendants acted under color of state law for purposes of 42 U.S.C. § 1983.
70. In banning all publications other than the Bible, and refusing to deliver Plaintiffs’ letters, Defendants violated clearly established constitutional law and therefore are not entitled to qualified immunity.
71. Plaintiffs have suffered damages as a result of the Detention Center’s policy of banning all publications other than the Bible, including violation of constitutional rights; loss of potential subscribers and customers; loss of subscription, sales, and advertising revenue; loss of reputation; costs of printing, handling and mailing materials; costs of staff time; and other damages to be shown at trial.
72. Punitive damages are warranted as to this claim because each Defendant’s conduct was motivated by evil motive or intent, involved reckless or callous indifference to the federally protected rights of Plaintiffs, intentionally violated federal law, or involved ill will, a desire to injure, and malice. Defendants’ conduct is of the sort that calls for deterrence and punishment over and above that provided by compensatory awards.
73. Defendants’ conduct set forth herein constitutes an ongoing violation of Plaintiffs’ rights under the First and Fourteenth Amendments, subjecting them to irreparable harm and entitling them to injunctive relief.


I do wonder what they (the jail) would have done had somebody sent in a non-Christian religious text. I wonder if that issue had ever come up–– I'm actually surpised that the ACLU did not test it, so that they could include it in their claim...it would have been good for their case.

That said, while I do believe that the news article is taking the suit in the wrong light (and the OP may well be trolling, IDK) the policy should be modified...I kind of agree with the ACLU's position on this one.
Link Posted: 10/7/2010 1:36:19 PM EDT
[#18]
Kinda dumb policy IMO.

Yeah they shouldn't be getting copies of the Anarchist Cookbook or shit like that but I really can't think of a good reason not to let them have normal books.
Link Posted: 10/7/2010 1:38:58 PM EDT
[#19]
Giving prisoners only a Bible to read, implys that only the Bible can rehabilitate a prison.

The State is establishing the Bible and Christian Religion as a correctional tool, which is not only unconstitutional but immoral.

Link Posted: 10/7/2010 1:40:41 PM EDT
[#20]
Quoted:
Giving prisoners only a Bible to read, implys that only the Bible can rehabilitate a prison.

The State is establishing the Bible and Christian Religion as a correctional tool, which is not only unconstitutional but immoral.




Its a jail not a prison.

Link Posted: 10/7/2010 1:41:28 PM EDT
[#21]



Quoted:


Giving prisoners only a Bible to read, implys that only the Bible can rehabilitate a prison.



The State is establishing the Bible and Christian Religion as a correctional tool, which is not only unconstitutional but immoral.





Nope.  You aren't forced to read it.  You are free to correct your behavior without it.



 
Link Posted: 10/7/2010 1:44:50 PM EDT
[#22]
Quoted:
Quoted:
i thought you were in prison specifically because your rights were taken away from you by a jury of your peers



Jail, prison, same thing.



From the reactions in this thread, it would appear people think this.
Link Posted: 10/7/2010 1:45:00 PM EDT
[#23]
I fail to see the problem. If there is one book that can change your life, it's the Bible.
Link Posted: 10/7/2010 1:52:34 PM EDT
[#24]
Quoted:
I fail to see the problem. If there is one book that can change your life, it's the Bible.



We wouldnt want the accused to have a book that explains their basic legal rights in terms they would understand.

http://www.amazon.com/Law-Dummies-John-Ventura/dp/0764558307/ref=pd_bxgy_b_img_c#_

Link Posted: 10/7/2010 1:56:22 PM EDT
[#25]
Quoted:
I fail to see the problem. If there is one book that can change your life, it's the Bible.


Because this is a county jail - not prison. In jail the vast majority of people are not convicted. Many people are later released from jail without convictions, while others get processed on. You cannot apply the standard to treat all as if they are convicted and deprive them of such rights prior to conviction.

Yet again - the system is about punish punish punish and not rehabilitate. And yet we still sit around and wonder why recidivism is so high.
Link Posted: 10/7/2010 1:57:44 PM EDT
[#26]
There should be no books (religious or otherwise), tv, music or anything...its fucking prison.
I say chain em to a wall and feed em bread and water, but eh, I might be a little old school.
Link Posted: 10/7/2010 1:59:44 PM EDT
[#27]



Quoted:


I fail to see the problem. If there is one book that can change your life, it's the Bible.


Or the koran.



Or the tora.



Or Ron Hubbards book.



Etc.
 
Link Posted: 10/7/2010 2:00:13 PM EDT
[#28]
I think a lot of county jails have policies similar to that;



Only religious books for inmates.

Also, I think they have to be given access to a law library.



It's just county jail; nobody is sitting there for more than a few months for the most part



Besides, they get TV
Speed
Link Posted: 10/7/2010 2:01:17 PM EDT
[#29]
Quoted:
Quoted:
I fail to see the problem. If there is one book that can change your life, it's the Bible.



We wouldnt want the accused to have a book that explains their basic legal rights in terms they would understand.

http://www.amazon.com/Law-Dummies-John-Ventura/dp/0764558307/ref=pd_bxgy_b_img_c#_



That's another thing. Way for the county to really fuck themselves over.

If you only allow the bible what about right of access to the courts and all of the legal documents, texts, and books that accompany your legal process or trial while you're in jail? You have a right to such information.

A good lawyer should be able to argue the shit out of that one you would think and be able to do something with it. Any lawyers know if you could seriously fuck up the court system if your client was denied access to legal paperwork, books, and such?
Link Posted: 10/7/2010 2:02:47 PM EDT
[#30]
Quoted:
There should be no books (religious or otherwise), tv, music or anything...its fucking prison.



I say chain em to a wall and feed em bread and water, but eh, I might be a little old school.


Ever read a thread before commenting?


THIS IS JAIL AND NOT A PRISON.

JAILS HOLD PEOPLE NOT YET CONVICTED OF A CRIME.

PRISONS ARE MADE TO HOLD PEOPLE CONVICTED OF CRIMES.
Link Posted: 10/7/2010 2:10:19 PM EDT
[#31]
This thread brought to you by the number Herp and the letter Derp.  76.2% of the posters in this thread are surely to struggle their way through life.
Link Posted: 10/7/2010 2:13:25 PM EDT
[#32]



Quoted:



Quoted:

There should be no books (religious or otherwise), tv, music or anything...its fucking prison.
I say chain em to a wall and feed em bread and water, but eh, I might be a little old school.




Ever read a thread before commenting?





THIS IS JAIL AND NOT A PRISON.



JAILS HOLD PEOPLE NOT YET CONVICTED OF A CRIME.



PRISONS ARE MADE TO HOLD PEOPLE CONVICTED OF CRIMES.


Ever not freak out over things people post?



 
Link Posted: 10/7/2010 2:15:47 PM EDT
[#33]
Quoted:

Quoted:
APNewsBreak: ACLU sues SC jail over Bible policy


COLUMBIA, S.C. — A South Carolina jail was sued Wednesday over its policy barring inmates from having any reading material other than the Bible.

...

"Our inmates are only allowed to receive soft back bibles in the mail directly from the publisher," First Sergeant K. Habersham noted in the e-mail. "They are not allowed to have magazines, newspapers, or any other type of books."

...

"Not only does it prevent communication and clearly violate free speech rights, it also violates the establishment clause because it discriminates on the basis of religion," said David Shapiro

I'm almost 100% certain that the policy doesn't exclude the Quran, Book of Mormon, etc.  

Secondly, the ACLU needs to STFU and realize that prisoners don't have all the same rights that free people do - free speech is one of them.  Their contact with the outside is controlled.

I've been wrong before, but if I'm wrong on this I will be shocked.


Prisoners have way more rights than free contributing members of society. Believe it.
Link Posted: 10/7/2010 2:33:09 PM EDT
[#34]
Quoted:

Quoted:
More evidence that there is rarely rehabilitation accomplished in prisons.  In the words of a very famous prison warden from TX who I had the honor to hear speak, "We don't rehabilitate anyone.  We're a warehouse for the individuals society would rather not interact with."

Rehabilitation isn't possible....

If the experience of being a prisoner once or twice doesn't set 'em straight, then they need to be warehoused...

 


Unfortunately, in nearly every case where society has made a major push prison reformation, it does not work out for the majority of inmates.
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