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On Monday, the Marshall Project got a message: New York state prisons are quietly adopting new rules Suppression of writing, music, art, and other creative work by insiders. Both incarcerated artists and outside nonprofits who want to publish the material must first submit it to internal reviewers.
Tuesday, new york focus broke the news. prisoners, First Amendment pundits, and groups like PEN America, Mentoring and publishing imprisoned writers, all analyzing the vague language of the instructions for clues. Does journaling make pages contraband? Do these rules apply to news coverage of prisoners? (A state spokesperson told The Marshall Project that if inmates get paid, they will.)
Facing public backlash, the Department of Corrections and Community Supervision announced on Wednesday that the order was being repealed entirely. “It was never our goal to limit free speech or creative activity,” spokeswoman Rachel Connors wrote in an email, promising that the revised policy would “encourage Creative Arts Project”.
The reversal is a victory for New York’s incarcerated population and heralds the battle for free speech that is sure to take place across the country at a time of a broader revival of creative output from behind bars.
A growing number of external organizations teach and publish journalismessays, visual arts, and music from prison. Ear Hustle, a podcast produced at San Quentin State Prison in California, has millions of listeners.This week, an opera by a composer imprisoned in New York’s Sing Sing was released at Performed by Carnegie Hall musicians. Federal inmate Nico Walker wrote The 2018 novel “Cherry”was adapted into an Apple TV movie starring Tom Holland.and two main A New York museum is currently showing work by artists with prison experience.
Meanwhile, New York State has a long history as a leading prison examiner. In the 1970s, the state took the lead in banning people from making money off crime stories in prison; lawmakers ordered that the money be donated to victims and their families. Other states followed suit. Dubbed “Son of Sam,” borrowing the moniker from their original target serial killer David Berkowitz, these laws focus on famous inmates who can make large sums of money based on their notorious crimes .
In 1991, the U.S. Supreme Court ruled that New York Law Violates the First Amendment Because it was too broad and vague, but the court did not close the door on restrictions.Over the past few decades, the court Broadly support the rights of prisoners to share their workand said that prisons can only impose Restrict prisoners’ free speech if they can cite “legitimate sentencing issues”, such as security risks.These imprecise, decades-old legal standards lead to complex, unpredictable landscape For prison writers and the people who publish them—including the Marshall Project.
In explaining their restrictions, prison officials cited sensitivities or safety concerns for victims, such as the possibility of using written forms to send coded messages or plan crimes. But prisons also use this risk as an excuse to prevent the free flow of ideas.
Sometimes, like the laws of Son of Sam, the fight is over money.Besides the long history of producers and managers exploiting prison musicians — as Folklorist Alan Lomax and his Protect lead belly — Financial success in prison can make you a target. In the 1990s, Pennsylvania tried to use a rule prohibiting inmates from running businesses to censor the work of Mumia Abu-Jamal, the prolific author and jailed speaker who claims he was jailed for killing a police officer in 1981. wrongful conviction.
Michigan a few years ago Prisoner Curtis Dawkins asked to hand over most of his $150,000 book advance ——This is the educational expenses he allocates to the children. Dawkins told the Marshall Plan that the state ended up getting only $6,400, but the court ordered him to forfeit half of future writing proceeds. In a letter sent from prison this week, he wrote about the settlement’s chilling effect. “Imagine if you were an agent or a publisher. Would you take the risk of publishing the novel of someone they thought would surely be sued by the entire state?”
Some states require some inmates to return profits to victims as compensation from their creative work and other sources. (New York’s repealed directive would have done just that.) Examples that make the news usually involve celebrities.After singer R. Kelly was found guilty of sex trafficking, one of his victims successfully earned his music royalties. Revision of New York’s Son of Sam law used to take away Anna Delvey’s Proceeds from “Inventing Anna,” a Netflix series based on her crimes.
But even without money, officials scrutinize based on how victims’ families feel. In 2014, Abujamal’s fame prompted Pennsylvania lawmakers to pass a law allowing victims to prevent those who had hurt them from speaking publicly.the law later knock down as unconstitutional.
Often, when inmates get their work done, they face retaliation from corrections officers, officials, and even fellow inmates. Last month, the Texas Observer reported on Jason Walker, A Texas prisoner who wrote about how officers ignored drug overdosesWalker described threats to his life from other inmates who accused him of snitching – leading to more than 10 transfers and prolonged isolation. He also accused officials of stealing from his account.
If New York state issues revised rules, it could spark further legal battles. Mayze Teitler, an attorney at Columbia University’s Knight First Amendment Institute, said the order could threaten the First Amendment right of those outside the prison to hear what the incarcerated have to say. “We all benefit from seeing and interacting with the artistic views of the incarcerated,” Tetler said.
How does this issue affect you?
The Marshall Plan wanted to know the scope of the prison review. Has your creative work been censored? Do you have connections with incarcerated individuals who are fighting for compensation or release? Use this form to tell your story, or share this article with someone who has a story to tell.