Two civil rights groups castigated the federal Bureau of Prisons (BOP) this week for a proposed crackdown on imprisoned peoples’ access to social media—including a possible ban on accounts run by family on the outside. The two organizations, the American Civil Liberties Union (ACLU) 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.
To change administrative policies, federal agencies must submit written proposals to the federal register and allow for public comment. In a proposed rule published on Feb. 2, the BOP floats 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. But multiple sections pertaining to the use of social media particularly caught the eye of First Amendment defenders.
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.” As it stands, many incarcerated people either access social media on tablets or contraband devices or send information to loved ones to post. Many state prison systems already ban imprisoned people from accessing social media and a handful of states, including Alabama and Iowa, ban third parties from posting on prisoners’ behalf.
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.
“When inmates use these services to send and receive money, Bureau staff are unable to monitor those transfers,” the proposal says. “CashApp and similar applications employ encryption technology that enables inmates to avoid detection, allowing them to use these platforms for unlawful purposes such as money laundering.”
The period for public comment closed on April 1. The federal register website shows that the proposed rule received 219 comments, though only 22 have been posted online.
In a six-page rebuttal submitted Monday, 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. “Social media is increasingly becoming an important part of that connection. As one formerly incarcerated journalist recently recounted, using social media through his wife allowed him to pursue a writing career, stay in touch with his community, and give him hope of reintegration upon release.”
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