Federal judge: Va. prisons’ CD policy violates free expression
RICHMOND, Va. — A federal judge has ruled in favor of a Louisiana man who challenged a Virginia prison system policy that restricts the kind of CDs inmates can have.
U.S. District Judge James Spencer in Richmond granted a motion by Owen North of LeCompte, La., for summary judgment yesterday.
At issue was a policy allowing inmates to have only approved music and faith-based spoken-word CDs, such as religious sermons. The policy prevented North from giving a Virginia inmate a spoken-word CD by writer Dylan Thomas as a Christmas gift.
Spencer ruled that the “policy which permits religious spoken-word CDs but prohibits secular spoken-word CDs is not supported by adequate justification,” and concluded that the policy “violates North’s First Amendment right of expression.”
Prison officials had claimed the restrictions served a valid government interest.
North filed a federal lawsuit last April. His friend, Shawn Goode, is a prisoner at Nottoway Correctional Center.
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One Response to “Federal judge: Va. prisons’ CD policy violates free expression”
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Hello,
Shaun Goode is also my penpal, although I have not been involved in his legal motions. I have another penpal in a TX state prison, and he is not allowed to have a sketch pad. I just cannot see any reason for this because he is not being especially punished. In TX they cannot have word CDs music CDs or CD players. They also cannot have TVs. I am very happy on Shaun’s behalf that he was able to get his spoken word CD. I think the position of TX is unusually harsh, and if possible I would like to find out if anything can be done about this through an organization such as yours. I previously did not grasp the rational for the 1st amendment cause, but since coming into contact with the prison system through my penpals, I can see how all vigilance is necessary in this regard.
Thank you very much,
John E. Farmer, D.O.,F.A.A.F.P.