Washington [US], April 2: A proposed change to U.S. federal prison rules that would punish inmates for using social media or directing others to do so on their behalf could infringe on the free speech rights of people who advocate for incarcerated people, activists say.
Civil liberties advocates are facing a Monday deadline to push the federal Bureau of Prisons (BOP) to back away from the proposed change, opens new tab, included in a planned overhaul of its disciplinary rules for the more than 155,000 inmates in its custody.
Federal inmates are already banned from using cell phones and are restricted from accessing the Internet.
While a separate part of the BOP's plan would also make it an infraction to use social media to commit a crime, the bureau does not explain why it wants to punish inmates over the use of social media more broadly.
BOP spokeswoman Kristie Breshears said the measure is merely a proposal and no change is imminent. The final policy could change depending on public input, she added.
Ebony Underwood, whose nonprofit, We Got Us Now, works with the children of incarcerated parents called the social media proposal "archaic and so inhumane."
Black Americans have historically born the brunt of the nation's mass incarceration policies. Currently, almost 39% of the BOP's prison population is Black, even though Black people accounted for 15% of the U.S. population in 2022.
Advocacy organizations and family members often use social media to help inmates garner support for clemency or compassionate release.
Social media is also used to blow the whistle about poor living conditions, civil rights violations and abuse inside prisons.
The BOP uses a tiered system of discipline, with infractions ranked by severity level: Greatest, high, moderate and low.
As proposed, the use of social media would be categorized as "high," placing it on par with infractions such as extortion, fighting and damaging property.
Criminal justice advocates worry the proposal could scare people away from making any posts about an inmate for fear it could lead to a serious punishment such as solitary confinement or a lengthier prison term through the deduction of good time credits.
Charles Weisselberg, a law professor at the University of California Berkeley, said any information advocates or their loved ones might use online about inmates and their condition would already be sent through channels monitored by the BOP.
Source: Fijian Broadcasting Corporation
