Killer Suing Prison Over Porn Ban; Might Win

A porn ban for Connecticut prisons might get overturned by prisoner’s lawsuit.

WFSB 3 Connecticut

If we applied the death penalty to all murder, we wouldn’t have to deal with this!

prison

What makes this case a threat is that the plaintiff is being wise and not arguing for the right to view X-rated videos. He is arguing for access to an “art book” that contains a collection of nude models.

According to Associated Press,

Dwight Pink Jr., 44, says in the lawsuit filed in U.S. District Court in July that guards have used the policy to deny him an art book, “The Atlas of Foreshortening,” which uses nude models to help show how to draw the human form.

Pink says the ban is a violation of his free speech rights and serves no meaningful objective in prison.

The state filed its response Monday, saying Pink has not been harmed by the ban and none of his rights were violated.

“Any injury or harm, if any, was caused solely by plaintiff’s own acts, omissions, or conduct and was not due to any wrongful conduct by the defendants,” Assistant Attorney General Steven Strom wrote.

The state Department of Correction put out the administrative directive in 2011. It bans all material that contains “pictorial depictions of sexual activity or nudity” from the prisons.

But it also says the ban should not apply to “materials which, taken as a whole, are literary, artistic, educational or scientific in nature.”

A prison spokesman at the time said the ban was intended to improve the work environment for prison staffers, especially female staffers, who might be inadvertently exposed to pornography.

The fact that this ban is recent is a scandal!

This case shows just how perverse the whole concept of prison is. This man was sentenced because he was found guilty of robbing another man of his life. Why was he not executed? Because some people reject the wisdom of the Bible and condemn demanding a life for a life as “barbaric.” But what does a fifty-six-year sentence do to a man of Pink’s age if not rob him of his life? If you really want him to have his entire life and future hope crushed until he only gains relative freedom in his twilight years, then what is so wrong with the death penalty?

[See also, “Murderer Confessed to Get Deal from Prosecutors.”]

And if he can be punished by the restriction of his location and the end to his right to travel, then what makes his “First Amendment rights” impervious to the same treatment? If he doesn’t have the right to go to a strip club why does he have a right to pictorial representations?

William Dunlap, a law professor at Quinnipiac University, said courts have generally sided with prison officials in such cases if they can prove the ban has a legitimate goal other than to simply suppress material that some people might find objectionable — such as maintaining safety in the prisons or keeping the material out of the hands of sex offenders.

But he said the lawsuit has a chance of succeeding if Pink can show it was improperly used in his case to suppress art or literature.

“I think that’s a much stronger argument than saying the statute itself is facially unconstitutional,” he said.

But how does a convicted murderer sentenced to almost a life sentence get a right to “art or literature” anyway? He doesn’t have a right to visit a museum does he?

Our prison system is based on insane legal thinking—especially insane because it pretends to be morally neutral.