Two civil rights groups castigated the federal Bureau of Prisons (BOP) for a proposed crackdown on inmate access to social media, including a possible ban on accounts run by family on the outside. The two organizations, the American Civil Liberties Union and Knight First Amendment Institute at Columbia University (KFAI), said the BOP’s suggested new procedures would violate basic civil rights and run afoul of the U.S. Constitution, The Appeal reports. In a proposed rule published on Feb. 2, the BOP floated a series of changes to “inmate discipline regulations,” including stricter bans on possessing hazardous tools, escaping from prison, or encouraging others to engage in work strikes. If enacted, one measure would ban “accessing, using, or maintaining social media, or directing others to establish or maintain social media accounts on the inmate’s behalf.” With the open comment period for the BOP’s proposed rule change ended last week, the agency will likely now proceed with developing a final rule.
Violating the new federal code would be considered a “High Severity Level” incident, which could bring a host of punishments, including solitary confinement, damage to parole eligibility, or fines. Another proposal would label the use of social media to commit “criminal acts,” as well as the use of money-transfer apps such as CashApp, as “Greatest Severity Level” prohibited acts, the most severe offensive level. In a six-page rebuttal, KFAI attorneys said a blanket social media crackdown would likely violate the Constitution. “For the nearly 2 million people who are incarcerated in U.S. jails and prisons, maintaining connection with loved ones and communities is associated with better physical and mental health outcomes, reduced recidivism, and successful reentry into society,” wrote attorneys Jennifer Jones, Nicole Mo, and Stephanie Krent. KFAI also warned that the ban would prevent imprisoned people from calling out poor conditions or seeking help from the public. Corene Kendrick of the ACLU’s National Prison Project said the crackdown might flout standards set by the U.S. Supreme Court in which the court ruled that prison regulations must be related to “legitimate penological concerns” and not have excessive “ripple effects.”
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