Federal judge upholds cassette tape ban in prisons

By The Associated Press

05.24.02

Printer-friendly page

MADISON, Wis. — State corrections officials can ban prisoners from possessing cassette tapes and players, a federal judge ruled yesterday in dismissing an inmate's lawsuit.

Spriggie Hensley claimed officials with the state Department of Corrections violated his First Amendment right to free speech by establishing a rule in June 2000 prohibiting inmates from having any tapes.

But U.S. District Judge Barbara Crabb said tapes can be used to store drugs or other contraband, such as weapons. She also said cassette tape player motors can be used as tattoo guns, and homemade tattoos jeopardize inmate health and safety.

Crabb said courts are required to give "considerable deference to prison officials in adopting policies that serve security interests." She said some types of music undermine security and rehabilitation programs.

"Many prerecorded tapes contain explicit lyrics that promote racial hatred, violence toward law enforcement officers, gang lifestyles, illegal drug use and abuse of women and children," she said.

Hensley was admitted to Columbia Correctional Institution in 1987 to serve two consecutive life sentences after being convicted on two counts of first-degree murder. He is serving an additional 20 years for armed robbery.

Hensley last year launched an unsuccessful constitutional challenge of the state's ban on pornography in prisons.