Beth DeFalco
Associated Press
Dec. 17, 2002 05:08 PM
A federal judge ordered the Department of Corrections to stop enforcing a policy forbidding Arizona inmates from corresponding with, or appearing on, Web sites.
U.S. District Judge Earl Carroll granted an injunction request by the American Civil Liberties Union to stop enforcement of the law, which is the subject of a pending lawsuit.
"Putting free speech behind bars simply because it concerns prisoners sets a dangerous precedent," said Arizona ACLU attorney David Fathi. "The court's decision makes clear that Arizona may not jail the Internet."
The statute, passed by the Legislature in 2000, makes it a misdemeanor for an inmate to communicate with Internet service providers, send a letter to a Web site or to a third party who then forwards it to a Web site or publishes it for the inmate.
Inmates can lose privileges, good-behavior credits or face other punishment for violations, corrections officials said.
The lawsuit was filed by the Canadian Coalition Against the Death Penalty, which is represented by the ACLU.
The group claims the law violates prisoners' constitutional right to free speech and attempts to suppress unfavorable opinions about the Corrections Department.
In his ruling, Carroll wrote that protecting the First Amendment is a "compelling public interest."
Department of Corrections Chief of Staff Gary Phelps said that since the law went into effect, 53 inmates have been cited for violations. However, until a final ruling is made on the case, those citation will not be dealt with or removed from prisoner records.
He said the law is necessary because inmates use the Internet to defraud the public, contact minors and even plan escapes.
The department only investigates inmate Internet publications when information is brought to its attention.
"The Internet in general is difficult to police," Phelps said.
An increasing number of prisoners are going online to post their stories on Web sites.
Debra Jean Milke, the only woman on the state's death row, has a site proclaiming her innocence and soliciting donations for her defense. She was sentenced to die for having her 4-year-old son killed before Christmas 1989.
"The public will surely be disgusted with what they see on the Internet from murderers and rapists," said DOC spokesman Mike Arra. "Many people could, and are, preyed upon by inmates through their Internet games."
The state Legislature passed the 2000 law after being lobbied by Stardust Johnson, whose husband, Roy - a University of Arizona music professor - was murdered after leaving a church recital he had given.
Mrs. Johnson was outraged when she came across a Web site her husband's killer was using to solicit pen pals.
"I was deeply offended at seeing this brutal murderer present himself on the Internet as a nice, lonely man," Mrs. Johnson said Tuesday.
She said she was disappointed but not surprised by the ruling. She said she doesn't believe inmates should have that access to the public.
"When this murderer violated my husband's right to life, he gave up certain rights," Mrs. Johnson said.
Eleanor Eisenberg, executive director of the Arizona ACLU, said the inmate Internet law was created in response to Mrs. Johnson and that prison security arguments were an afterthought.
"I don't mean to sound unempathetic," Eisenberg said. "But there's a powerful tool - it's called the (power) off button."
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On the Net:
Arizona Department of Corrections: http://www.adc.state.az.us
American Civil Liberties Union: http://www.aclu.org
Canadian Coalition Against the Death Penalty: http://www.ccadp.org
