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

SWR Data Publishes 'Creator Income' Report

Adult industry market research firm SWR Data has published a report on creator incomes.

Pineapple Support to Host 'Neurodivergent Performers' Support Group

Pineapple Support is hosting a free online support group for neurodivergent performers.

'Legal Impact' Webinar Unpacks North Carolina's New Consent Law

Industry attorney Corey D. Silverstein on Thursday held a webinar focused on North Carolina’s HB 805, a new law that has significantly altered performer consent requirements in the state.

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

FSC Recommends Platforms Integrate StopNCII.org Tool

In a blog post, Free Speech Coalition (FSC) has recommended that platforms integrate the StopNCII.org tool to prevent the sharing of non-consensual intimate imagery (NCII).

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

VirtualRealPorn Launches WebXR-Enabled Site

VirtualRealPorn has officially launched its new site, built on Web Extended Reality (WebXR) technology.

Show More