Rights Violations In North Carolina
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Hi everyone, my name is Roy Askey, and I would like to talk about a lawsuit against the state of North Carolina that focuses on the rights of a section of society that is often overlooked, yet is still entitled to our first amendment freedoms and protection.
Over 50,000 persons reside behind bars in North Carolina's prison system, without access to law libraries and at times even with out the most rudimentary advice found in legal publications. Many pro-lawsuit/exoneration and anti-prison industrial complex publications do not make it into prison walls because of heavy censorship with highly questionable reasons for doing so. How does a newsletter, which exhorts the prison reader to 'not pick up a weapon, pick up a book' and build your life in a more socially-conscious manner, constitute a 'threat to the safety and security of the prison and its staff'? It does not.
I have compiled years worth of supporting documents which show that the North Carolina Department of Public Safety, as the prison system in this state is formally known, has knowingly and willfully denied access to publications which could help inmates, if they utilized the information contained in these publications, on their path to rehabilitation through education about what their rights as human beings are, and to properly defend themselves through the legal system.
Because the legal and political publications, including but not limited to: Prison Legal News, 4strugglemag, Under Lock & Key and others -- contain information critical of prison abuse and sexual harassment, mass incarceration, the new Jim Crow, prison profiteering and the prison industrial complex, many individual issues of publications are banned, with some publications (Under Lock & Key) facing an outright total ban.
The issue has been brought to federal court. Just because you, the prison authorities, do not like the content of someone's speech or press, does not mean that you can censor it or restrict it based on the needs of 'security and order', if there is not a justified reason in doing so. You are willfully disregarding first amendment rights because you feel as if you can get away with it and no one is watching.
Censorship case law reads as follows:
"Government cannot regulate speech because it disagrees with the message conveyed." - Gentala v. City of Tucson, 213 F3d 1055 (9th Cir. 2000)
"Criticism of public officials lies at the very core of speech protected by the First Amendment." - Metro Display Advertising v. City of Victorville, 143 F3d 1191 (9th Cir. 1998)
"Prisoners retain First Amendment rights." - X-Men Sec., Inc. v. Pataki, 196 F3d 56 (2nd Cir. 1999)
"Government may not regulate speech based on its substantive content or the message it conveys." - Velazquez v. Legal Services Corp., 164 F3d 757 (2nd Cir. 1999)
Despite the fact that the federal courts have allowed the case to be judged, and there is past court rulings in favor of exactly what is going on between the prison population and North Carolina's Department of Public Safety, Justice in this country comes with a price tag attached to it. It doesnt make sense to me either, for what is right and correct, to be wrong, unless you have enough money to make it right again.. it is a corrupt system.
I am here asking for your assistance to right some wrongs enacted against a population that is in the shadows, out of sight, out of mind. With few exceptions, people who want to better themselves and to stay knowledgeable and informed because of past mistakes, should be allowed to do this without interference.
Let's keep North Carolina from slipping further backwards in this area as well.
If you may have any questions regarding the case and other related matters, feel free to let me know :)
Over 50,000 persons reside behind bars in North Carolina's prison system, without access to law libraries and at times even with out the most rudimentary advice found in legal publications. Many pro-lawsuit/exoneration and anti-prison industrial complex publications do not make it into prison walls because of heavy censorship with highly questionable reasons for doing so. How does a newsletter, which exhorts the prison reader to 'not pick up a weapon, pick up a book' and build your life in a more socially-conscious manner, constitute a 'threat to the safety and security of the prison and its staff'? It does not.
I have compiled years worth of supporting documents which show that the North Carolina Department of Public Safety, as the prison system in this state is formally known, has knowingly and willfully denied access to publications which could help inmates, if they utilized the information contained in these publications, on their path to rehabilitation through education about what their rights as human beings are, and to properly defend themselves through the legal system.
Because the legal and political publications, including but not limited to: Prison Legal News, 4strugglemag, Under Lock & Key and others -- contain information critical of prison abuse and sexual harassment, mass incarceration, the new Jim Crow, prison profiteering and the prison industrial complex, many individual issues of publications are banned, with some publications (Under Lock & Key) facing an outright total ban.
The issue has been brought to federal court. Just because you, the prison authorities, do not like the content of someone's speech or press, does not mean that you can censor it or restrict it based on the needs of 'security and order', if there is not a justified reason in doing so. You are willfully disregarding first amendment rights because you feel as if you can get away with it and no one is watching.
Censorship case law reads as follows:
"Government cannot regulate speech because it disagrees with the message conveyed." - Gentala v. City of Tucson, 213 F3d 1055 (9th Cir. 2000)
"Criticism of public officials lies at the very core of speech protected by the First Amendment." - Metro Display Advertising v. City of Victorville, 143 F3d 1191 (9th Cir. 1998)
"Prisoners retain First Amendment rights." - X-Men Sec., Inc. v. Pataki, 196 F3d 56 (2nd Cir. 1999)
"Government may not regulate speech based on its substantive content or the message it conveys." - Velazquez v. Legal Services Corp., 164 F3d 757 (2nd Cir. 1999)
Despite the fact that the federal courts have allowed the case to be judged, and there is past court rulings in favor of exactly what is going on between the prison population and North Carolina's Department of Public Safety, Justice in this country comes with a price tag attached to it. It doesnt make sense to me either, for what is right and correct, to be wrong, unless you have enough money to make it right again.. it is a corrupt system.
I am here asking for your assistance to right some wrongs enacted against a population that is in the shadows, out of sight, out of mind. With few exceptions, people who want to better themselves and to stay knowledgeable and informed because of past mistakes, should be allowed to do this without interference.
Let's keep North Carolina from slipping further backwards in this area as well.
If you may have any questions regarding the case and other related matters, feel free to let me know :)
Organizer
Roy Askey
Organizer
Raleigh, NC
