Before the Supreme Court of the United States can enjoy their yearly recess at the end of June, several important decisions have to be made. In Beard v. Banks the Court has to decide whether misbehaved inmates are being denied their First Amendment rights. In reality, all the inmates involved in the case want is the right to misbehave and not be punished for it.
Currently, prisons in Pennsylvania have four different kinds of housing units. The first is the general population, where most inmates stay unless they commit disciplinary infractions. Depending on the infractions, inmates can be moved to Restricted Housing Units, Special Management Units or a Long Term Segregation Unit. The LTSU is the most secure and, consequently, the most restrictive unit.
Because of their behavior, inmates placed in the LTSU are not allowed to have newspapers, magazines or personal photographs. These restrictions do not apply to religious and legal materials. With Beard v. Banks, the inmates in the LTSU are trying to get the same privileges as better-behaved inmates through the First Amendment. I'm pretty sure the authors of the Constitution weren't primarily concerned with the privileges of prison inmates when they wrote the First Amendment.
Obviously, the inmates aren't thrown into the LTSU for no reason. According to a brief for the Supreme Court, inmates who are eligible for the LTSU include "those who have an escape history, those who have a predilection for assault-oriented behavior with an intent to cause death or injury, or who otherwise present a serious threat to prison security." In other words, inmates in the LTSU have been bad, bad boys and are placed there for a reason.
Fortunately, if the inmates are well behaved they can get out of the LTSU and get their privileges back gradually. After being placed in the LTSU, there is a mandatory 90-day period during which the inmates are not up for review. After the 90-day period, inmates are reviewed and those who have "demonstrated a satisfactory adjustment" might be allowed more privileges. All the inmates have to do to get the privileges they desire is be well behaved.
So, if the inmates want their newspapers, magazines or photographs they, should clean up their acts, and everyone would benefit. Instead, the inmates are trying to go around the prison officials entirely and force the Supreme Court to make the decision. The prison officials probably thought taking away these items would be a motivator for good behavior. It's kind of like a parent taking away dessert for a day because their child threw a temper tantrum in the middle of the street. The only difference is that children can't try to bend the law to gain privileges they haven't earned.
Now, the Supreme Court has to make a decision based on precedent and the Constitution. If it were my decision to make, I would keep the system exactly how it is. If you're in prison and causing so much mischief that you can be considered a serious threat to security, there is no reason you should be allowed anything but the most basic necessities. I'm sure that some inmates could find a way to cause problems with the possessions they are fighting for. Imagine an outbreak of fire in the high security portion of a prison that was fueled by the same newspapers and magazines the high-risk prisoners are fighting to have.
In the end, if Beard v. Banks is decided and inmates in the LTSU are allowed the privileges they are seeking it will only become harder to reward good behavior and punish bad behavior in prison. Hopefully, the Supreme Court will make the right decision so prison officials won't have to worry.
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