Thornburgh v. Abbott (1988)
- Docket
- 87-1344
- Decided
- 1988-01-01
Summary
Question: Does the First Amendment prohibit the Federal Bureau of Prisons from denying prisoners access to certain publications? Conclusion: No. Justice Harry A. Blackmun delivered the opinion for the 6-3 majority. The Court held that there is a substantial penological interest in denying access to certain publications because it is necessary to maintain the security and order of the prison. However, the limitation on the prisoners’ First Amendment rights must be no greater than what is necessary to the preserve the penological interest. Therefore, the Federal Bureau of Prisons may deny access to publications that include threats to security of the prison or may incite violence among prisoners. In his opinion concurring in part and dissenting in part, Justice John Paul Stevens wrote that, while “penological interests” may be highly ambiguous, prison officials often require broad discretion to “prevent internal disorder.” Justice William J. Brennan, Jr. and Justice Thurgood Marshall joined in the opinion concurring in part and dissenting in part.