{"id":30886,"date":"2021-07-02T14:23:29","date_gmt":"2021-07-02T19:23:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment1\/free-speech-rights-of-prisoners.html"},"modified":"2024-08-02T14:29:20","modified_gmt":"2024-08-02T19:29:20","slug":"free-speech-rights-of-prisoners","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment1\/free-speech-rights-of-prisoners.html","title":{"rendered":"Free Speech Rights of Prisoners"},"content":{"rendered":"\n
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Free Speech Rights of Prisoners<\/h1>\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Prison inmates lose many of their rights when incarcerated, but they are not entirely stripped of First Amendment protections. In this article, we explore how the Supreme Court has balanced prisoners\u2019 First Amendment rights against the goals of our correctional system.<\/p>\n\n <\/div>\n\n

The First Amendment safeguards our rights to free speech, among other liberties. However, these rights under the First Amendment are not without limitations. Rather, First Amendment protections limit the government\u2019s ability to restrict these freedoms<\/a>.<\/p>\r\n

The First Amendment<\/a> to the U.S. Constitution<\/a> reads:<\/p>\r\n

\u201cCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.\u201d<\/i><\/p>\r\n

The U.S. Supreme Court<\/a> has established several permissible restrictions on speech and expression. It has also developed legal frameworks for deciding whether government restrictions on speech are constitutional.<\/p>\r\n

Not surprisingly, prisoners’ rights and privileges are more limited than those of non-prisoners. Accordingly, the government is more inclined to restrict prisoners\u2019 speech and access to information.<\/p>\r\n

How Does the First Amendment Apply to Communication Within Prisons?<\/h2>\r\n

In Procunier v. Martinez<\/i><\/a>, the Supreme Court reviewed a California Department of Corrections restriction regulating mail. The regulation allowed prison officials to censor incoming and outgoing prisoner mail. The officials could hold back mail they found to \u201cunduly complain.\u201d They could also confiscate mail they deemed inflammatory, defamatory<\/a>, or otherwise inappropriate. Based on the rights of the prisoner\u2019s correspondent (but not the inmate) the Court determined the regulation was invalid.<\/p>\r\n

The Procunier<\/i> Court explained that the restriction didn\u2019t serve \u201can important or substantial governmental interest unrelated to the suppression of free expression.\u201d For prisons, these interests include:<\/p>\r\n