Court: Prisoners Can Access Internet Materials

SAN FRANCISCO - It's tough to be a prisoner, but why shouldn't the electronic age come to penitentiaries?

Why shouldn't prisoners be able to browse XBiz or the New York Times online edition? Or check email? How about just a photocopy of the email?

After all, it is the 21st century.

The 9th U.S. Circuit Court of Appeals on Tuesday upheld an injunction that ruled the California Department of Corrections must allow access to electronically generated mail while incarcerated.

The free-speech case involved a rule at Pelican Bay that banned prisoners from receiving letters that contain any material downloaded and printed from the Internet, including hard copies of email messages.

Pelican Bay, which houses maximum-security prisoners under the most restrictive conditions of any prisons in the state, adopted a new policy in 2001, plainly stating: No Internet mail.

San Francisco-based Electronic Frontier Foundation (EFF) hailed the ruling Tuesday and said that the rule denied access to valuable information simply because it originated online.

EFF filed a friend-of-the-court brief in the case on behalf of Prison Legal News, whose subscribers, as well as most of its writers, are currently incarcerated.

"Organizations with important information for prisoners, such as the advocacy group Stop Prisoner Rape, can only afford to publish online," EFF spokesman Lee Tien said.

The case is Frank S. Clement v. California Department of Corrections, No. 03-15006.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Cherie DeVille Joins Woodhull Freedom Foundation 'Free Speech' Panel

Multi-XMAs winner Cherie DeVille will join the upcoming Woodhull Freedom Foundation panel series "Fact Checked by Woodhull," addressing free speech on Feb. 26.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Pineapple Support Introduces 'Wellbeing by PS' Service

Pineapple Support has debuted its new Wellbeing by PS service, providing mental health support packages for companies and agencies.

MyMember.site Integrates Bluesky Functionality

MyMember.site has added Bluesky features to its website management platform.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

SWR Data Publishes 'Clip Trend' Report

Adult industry market research firm SWR Data has published a report on clip platform performance and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

Show More