A PROJECT OF THE AMERICAN CIVil LIBERTIES UNION FOUNDATION, INC. VOL 8, NO.1, WINTER 1993 • ISSN9748-2655 \ Odyssey: APrison Magazines DifficultJourlney shape their content by viewing everything lasting impact on the interpretation of in the context of security. In short, they prisoners' First Amendment rights was exercise censorship. brought in July of 1988 by Dannie Martin merica has a long tradition of prison To make matters worse, the Supreme and the San Francisco Chronicle. Martin, journalism. For more than a century, Court and the lower federal courts have a prisoner at the U.S. penitentiary in Aprisoners have established journals consistently weakened prisoners' First Lompoc, California at the time, had written to communicate their interests within the Amendment rights during the past 10 more than 40 articles under his byline prisons and to carry their voices into the years. In Turner v. Safley! for example, during a two-year period for the San community. Despite the hundreds of jour- the Court established that "...censored Francisco Chronicle, openly and without material must objection by Federal Bureau of Prisons offi­ bear a reason­ cials. When he wrote an article describing able relationship rising tensions in Lompoc and criticizing to security." the policies of the new warden, he was • Although the placed in solitary confinement and hastily court did affirm transferred to a federal prison in Phoenix. that prisoners Martin was charged with violating prison have First regulations because he had "acted as a Amendment reporter and published under a byline" and rights, the practi­ because he had "conducted a business." cal effect of the In an opinion delivered by federal dis­ ruling was to trict court judge Charles A. Legge in June grant correction- 1990, Martin's writings were praised for '" al officials broad their "educational and entertaining" quali­ ~ ;.=: latitude to cen- ties. Legge went on to note that prisoner "E sor or ban read- writing is a "healthy use of -g ing material or time, ...appears to be worth­ a writings by pris­ while for educational ~ oners based on reasons, [and] ...could ~ prison officials' provide a good role ~ definition of model for other -D security. Free prisoners." ..g speech would be Luke Janusz, editor and publisher of Odyssey. subject only to passive review nals that have been created, these goals by the courts. have often been frustrated because the real In Thornburgh v. Abbott,2 the "reason­ concerns prisoners wish to communicate able relationship" standard was reaffirmed are all too often censored by prison for censorship of publications sent to pris­ administrations. Itwould be more accu­ oners. The Court ruled that a regulation rate, therefore, to speak of prison journal­ prohibiting publications that are "...deter­ ism as an unfulfilled aspiration. mined [to be] detrimental to the security, Prison journalists confront formidable good order, or discipline of the institution obstacles in their work. Ownership is the or...might facilitate criminal activity" is not fundamental area of contention. Prisoners unconstitutional. The obvious and trou­ naturally view their creative expressions bling question raised by this ruling is­ as belonging to them; conversely, prison who will determine what is detrimental? administrators view the journals as The lawsuit that has generated the great­ belonging to the prison, and attempt to est interest and perhaps will have the most The judge then reasoned that"...as long representative body, had elected me to cre­ basic premise the magazine began to take as prison security is a valid interest, the ate a meaningful voice for prisoners. The on a will and purpose of its own. We strove order of priority of the penological inter­ prison authorities, however, were content for solutions that would benefit victims of ests is for the Bureau of Prisons and not with the prevailing pretense. My nomina­ crime, taxpayers, prisoners, and correc­ for this court to decide." tion as editor was rejected by prison offi- tional officials simultaneously. We per­ Referring to the critical issue of balanc­ ceived that Odyssey's significance tran­ ing the public's right to know with prison scended prison or criminal justice issues security, Legge said, "These are questions in that we were attempting to develop a which are not within the power of this model for collective problem-solving that court to decide. They are for the Bureau of would apply to all social problems. Prisons to decide." Prison security forces moved swiftly in In effect, the judge forfeited the authority cials because in their estimation, I lacked response to our plans. Within three and power of the judiciary to interpret and a "significant amount of responSibility," all months of my apI\ointment as editor, I was enforce the First Amendment rights of pris­ administrative phrase that meant that I was placed in "the h()le" (solitary confine­ oners and granted it to prison officials. not a cooperative inmate. After a protract­ ment) for allegedly organiZing a hunger The decision is under appeal to the Ninth ed battle that included legal action, the strike. The disciplinary report referred to Circuit Court of Appeals. superintendent intervened and approved me as a "silent leader." During my ten Legge's strained and contradictory legal me for the position. weeks in isolation, the organizational plan "reasoning" is symptomatic of the attitude The newspaper staff convened a closed for Odyssey!s future was conceived. The of a federal judiciary that is consistently door meeting. The Question Mark did not intervention of the security forces con­ reactionary with respect to prisoners' survive that meeting. Our task was to trans­ firmed that the only way a prison magazine rights. Seventy percent of all federal judges form a 12-page collection of random notes can survive is for prisoners to establish an currently sitting were appointed either by into a 120-page quarterly magazine. Our independent financial and production base Reagan or Bush, and many of them were goal was to reclaim the press from the pri­ outside prison walls. I drafted a proposal distingUished by their sterling record of son administration; any association with the that incorporated these ideas and mailed it contempt for prisoners' rights. former journal, either in name or in sub­ to a group of journalists, educators, and State prison officials, however, are also stance, would compromise our efforts and prisoners' rights activists. subject to the jurisdiction of the state undermine our credibility as journalists. After a core group was formed, we filed courts and must contend with judges who The identity of the magazine took shape (cont'd on page 21) may have a greater respect and apprecia­ during the next few weeks. We chose the tion for prisoners' First Amendment rights. name Odyssey for the magazine because it In addition, state judges are in a position reflected the essence of the prison experi­ to apply their state constitutions and are ence-the journey home. not completely bound by the Turner stan­ Defining goals and developing a strategy dard. Prison administrators at the state for Odyssey was more of a process of evo­ level, therefore, are reluctant to justify lution than a predetermined plan. We their actions in court because much of began with a few fundamental ideas and what they wish to censor has less to do strong convictions based on many years of Editor: Jan Elvin . with security than ideology. incarceration. We wanted Odyssey to Editorial Asst.: Betsy Bernat Prison administrators invariably assert establish a forum where prisoners could Alvin J. Bronstein, Executive Director their "right" to control the financial man­ express their views about criminal justice The National Prison Project of the agement of the journal. Under the pretext issues in open exchange with members of American Civil Liberties Union Foundation of fiscal management, they ultimately the broader community. By publishing 1875 Connecticut Ave., NW, #410 determine everything from the size of the innovative research and creative articles by Washington, DC 20009 (202) 234-4830 FAX (202) 234-4890 publication to the production schedule. prisoners, correctional offiCials, legisla­ Without financial autonomy, prison pub­ tors, victims of crime, and others who may The Nafianal Prison Project is a tax-exempt foundation­ lications must rely on the institution's pro­ influence criminal justice policy, we funded proiect of the AClU Foundation which seeks to strengthen ond protect the rights of adult and juvenile duction facilitieS', and access to the pro­ believed that Odyssey would promote a offenders; to improve overall conditions in correctional duction facilities is regulated according to dialogue that would lead to greater under­ facilities by using existing administrative, legislative and the dictates of "security." As a result, most standing about the problems of crime and judicial channels; and to develop alternatives to incarceration. prison journals become either extensions of punishment in our society. The reprinfing of JOURNAL material is encouraged with the warden's public relations department or Becoming a meeting place for ideas and the stipulation that the Nafional Prison Proiect JOURNAL be credited with the reprint, and that a copy of the reprint token efforts without funding or support. debate seemed to be an obvious starting be sent to the editor. They may feature articles about sports, point. We soon discovered that it was any­ The JOURNAL is scheduled for publicafion quarterly by entertainment, social events, and perhaps thing but obvious. Searching in vain for a the National Prison Project. Materials and suggestions some innocuous political commentary for magazine that could serve as a model, we are welcome. appearance's sake. Continued favor with the learned instead that virtually all criminal prison administration is purchased by pro­ justice publications are characterized by ducing a journal that retreats from the real exclusion and special interest agendas.