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For Immediate Release
October, 06 2010, 04:09pm EDT
Contact:
Will Matthews, ACLU, (212) 549-2582 or 2666; media@aclu.org
Paul Wright, Prison Legal News, (802) 257-1342; pwright@prisonlegalnews.org
ACLU Lawsuit Charges That Jail Policy Banning Books and Magazines Is Unconstitutional
CHARLESTON, S.C.
The American Civil Liberties Union today filed a lawsuit challenging an unconstitutional policy at the Berkeley County Detention Center in Moncks Corner, S.C. barring all books, magazines and newspapers - except for the Bible - from being sent to prisoners.
Filed on behalf of Prison Legal News, a monthly journal on prison law distributed across the nation to prisoners, attorneys, judges, law libraries and other subscribers, the lawsuit charges that jail officials violate the rights of Prison Legal News under the speech, establishment and due process clauses of the First and 14th Amendments to the U.S. Constitution by refusing to deliver copies of the journal and other magazines and books to detainees.
"This is nothing less than unjustified censorship," said David Shapiro, staff attorney with the ACLU National Prison Project. "There is no legitimate justification for denying detainees access to periodicals and, in the process, shutting them off from the outside world in draconian ways."
Prison Legal News, which provides information about legal issues such as court access, disciplinary hearings, prison conditions, excessive force, mail censorship, prison and jail litigation, visitation, telephones, religious freedom, prison rape and the death penalty, has been published since 1990 and has about 7,000 subscribers across the country. It also distributes various books aimed at fostering a better understanding of criminal justice policies and allowing prisoners to educate themselves in areas such as legal research, how to write a business letter and health care in prison.
The ACLU lawsuit charges that since 2008, copies of Prison Legal News and other books sent to detainees at Berkeley County have been returned to sender, or simply discarded. The books rejected by the jail's officials include "Protecting Your Health and Safety," which is designed to help prisoners not represented by an attorney and explains the legal rights inmates have regarding health and safety - including the right to medical care and to be free from inhumane treatment.
Prison Legal News is also prohibited from sending to detainees copies of the book "Prisoners' Self-Help Litigation Manual," which is published by Oxford University Press and which serves as a guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights.
"We have a clear First Amendment right to communicate with the detainees at the Berkeley County Detention Center by sending them our journal and other books," said Paul Wright, editor of Prison Legal News. "Prisoners do not cede their core constitutional rights simply by being incarcerated, and their being able to receive the material we send is essential to ensuring that their rights are upheld."
There is no library at the Berkeley County Detention Center, meaning that some prisoners who are incarcerated for extended periods of time have been deprived of all access to magazines, newspapers and books - other than the Bible - for months or even years on end. There is also no process through which the unconstitutional policy can be challenged.
"The Berkeley County Detention Center is totally out of step with most other jails around the country that recognize not just that censorship of this sort is clearly unconstitutional but that providing prisoners with access to books and periodicals is an important lifeline to the outside world," said Victoria Middleton, Executive Director of the ACLU of South Carolina. "We should do as much as possible to aid prisoners' successful transition back into society, not impede it."
Filed in U.S. District Court for the District of South Carolina, the lawsuit names as defendants Berkeley County Sheriff H. Wayne DeWitt, as well as a number of other corrections officials.
A copy of today's lawsuit is available online at: www.aclu.org/prisoners-rights/prison-legal-news-et-al-v-berkeley-county-sheriff-et-al-complaint
Additional information about Prison Legal News is available online at: www.prisonlegalnews.org
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Critics Blast 'Clueless' New York Times for Dismissive Coverage of Historic No Kings Protests
"The NY Times saves its harshest skepticism for progressives," said one critic.
Mar 29, 2026
The New York Times is drawing criticism for publishing articles that downplayed the significance of Saturday's No Kings protests, which initial estimates suggest was the largest protest event in US history.
In a Times article that drew particular ire, reporter Jeremy Peters questioned whether nationwide events that drew an estimated 8 million people to the streets "would be enough to influence the course of the nation’s politics."
"Can the protests harness that energy and turn it into victories in the November midterm elections?" Peters asked rhetorically. "How can they avoid a primal scream that fades into a whimper?"
Journalist and author Mark Harris called Peters' take on the protests "predictable" and said it was framed so that the protests would appear insignificant no matter how many people turned out.
"There's a long, bad journalistic tradition," noted Harris. "All conservative grass-roots political movements are fascinating heartland phenomena, all progressive grass-roots political movements are ineffectual bleating. This one is written off as powered by white female college grads—the wine-moms slur, basically."
Media critic Dan Froomkin was event blunter in his criticism of the Peters piece.
"Putting anti-woke hack Jeremy Peters on this story is an act of war by the NYT against No Kings," he wrote.
Mark Jacob, former metro editor at the Chicago Tribune, also took a hatchet to Peters' analysis.
"The NY Times saves its harshest skepticism for progressives," he wrote. "Instead of being impressed by 3,000-plus coordinated protests, NYT dismisses the value of 'hitting a number' and asks if No Kings will be 'a primal scream that fades into a whimper.' F off, NY Times. We'll defeat fascism without you."
The Media and Democracy Project slammed the Times for putting Peters' analysis of the protests on its front page while burying straight news coverage of the events on page A18.
"NYT editors CHOSE that Jeremy Peters's opinions would frame the No Kings demonstrations and pro-democracy movement to millions of NYT readers," the group commented.
Joe Adalian, west coast editor for New York Mag's Vulture, criticized a Times report on the No Kings demonstrations that quoted a "skeptic" of the protests without noting that said skeptic was the chairman of the Ole Miss College Republicans.
"Of course, the Times doesn’t ID him as such," remarked Adalian. "He's just a Concerned Youth."
Jeff Jarvis, professor emeritus at the CUNY Graduate School of Journalism, took issue with a Times piece that offered five "takeaways" from the No Kings events that somehow managed to miss their broader significance.
"I despise the five-takeaways journalistic trope the Broken Times loves so," Jarvis wrote. "It is reductionist, hubristic in its claim to summarize any complex event. This one leaves out much, like the defense of democracy against fascism."
Journalist Miranda Spencer took stock of the Times' entire coverage of the No Kings demonstrations and declared it "clueless," while noting that USA Today did a far better job of communicating their significance to readers.
Harper's Magazine contributing editor Scott Horton similarly argued that international news organizations were giving the No Kings events more substantive coverage than the Times.
"In Le Monde and dozens of serious newspapers around the world, prominent coverage of No Kings 3, which brought millions of Americans on to the streets to protest Trump," Horton observed. "In NYT, an illiterate rant from Jeremy W Peters and no meaningful coverage of the protests. Something very strange going on here."
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'No Kings!' 8 Million Rally Against Trump in Largest Single-Day Protest in US History
In San Francisco, thousands of anti-Trump activists gathered on a local beach to form a human sign that read, "Trump must go now! No ICE, no wars, no lies, no kings."
Mar 28, 2026
Millions of American across all 50 states on Saturday rallied against President Donald Trump and his authoritarian agenda during nationwide No Kings protests.
The flagship No Kings rally in Minneapolis, which organizers Indivisible estimated drew over 200,000 demonstrators, featured speeches from Minnesota Gov. Tim Walz and US Sen. Bernie Sanders (I-Vt.), Rep. Ilhan Omar (D-Minn.), and actress Jane Fonda, as well as a special performance from rock icon Bruce Springsteen, who performed "Streets of Minneapolis," a song he wrote in tribute of slain protesters Renee Good and Alex Pretti.
Organizers called it "the largest single-day nationwide demonstrations in US history," with an estimate 8 million people coming out for events in communities and cities nationwide.
From major cities to rural towns that have never seen mobilizations like this before, protesters made clear that in America, we don’t do kings," the No Kings coalition said in a statement.
"This is what it looks like when a movement grows—not just in size, but in reach, in courage, and in more people who see themselves as part of this movement," the organizers said. "The American people are fed up with this administration’s power grabs, an illegal war that Congress and the public haven’t approved, and the continued attempts to stifle our freedoms. We’re not waiting for change; we’re making it."
The rally in Minneapolis was one of more than 3,300 No Kings events across the US and internationally, and aerial video footage showed massive crowds gathered for demonstrations in cities including Washington, DC, New York City, Boston, Philadelphia, Chicago, and San Diego.
Congratulations to all Americans who dared to take to the streets today and publicly expressed their stance and disagreement with the actions and policies of their president. #WeSayNoKings 👍👍👍 pic.twitter.com/f3UDpmsj3m
— Dominik Hasek (@hasek_dominik) March 28, 2026
In San Francisco, thousands of anti-Trump activists gathered on a local beach to form a human sign that read, "Trump must go now! No ICE, no wars, no lies, no kings."
WOW! Protesters in San Francisco, CA formed a MASSIVE human sign on Ocean Beach reading “Trump Must Go Now!” for No Kings Day (Video: Ryan Curry / S.F. Chronicle) pic.twitter.com/ItF7c7gvke
— Marco Foster (@MarcoFoster_) March 28, 2026
However, No Kings rallies weren't just held in major US cities. In a series of social media posts, Indivisible co-founder Leah Greenberg collected photos and videos of No Kings events in communities including Arvada, Colorado, Madison, New Jersey, and St. Augustine, Florida, as well as international No Kings events held in London and Madrid.
Attendance estimates for Saturday's No Kings protests were not available as of this writing. Polling analyst G. Elliott Morris estimated that the previous No Kings event, held in October, drew at least 5 million people nationwide, making it likely “the largest single-day political protest ever.”
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Nationwide General Strike Planned for May 1: No Kings Organizer
"No work, no school, no shopping. We're going to show up and say we're putting workers over billionaires and kings."
Mar 28, 2026
Ezra Levin, co-founder of Indivisible, said on Saturday that a nationwide general strike is being planned for May 1 that will be modeled on the day of action residents of Minnesota organized in January against the brutality carried out by federal immigration enforcement officials.
Appearing at the flagship No Kings rally in Minneapolis, Levin praised the strength shown by the Minnesota protesters in the face of the US Immigration and Customs Enforcement (ICE) siege of their city this year, and said his organization wanted to replicate it across the country.
"The next major national action of this movement is not just going to be another protest," Levin said. "It is a tactical escalation... It is an economic show of force, inspired by Minnesota's own day of truth and action."
Levin then outlined what the event would entail.
"On May 1, on May Day, we are saying, 'No business as usual,'" he said. "No work, no school, no shopping. We're going to show up and say we're putting workers over billionaires and kings."
Levin: This is the largest protest in Minnesota history… The next major national action of this movement is not just gonna be another protest. On May 1st, across the country, we are saying no business as usual. No work, no school, no shopping. We're gonna show up and say we're… pic.twitter.com/bRPR7K5DuP
— Acyn (@Acyn) March 28, 2026
Levin added that "we are going to build on that courage, that sacrifice" that Minnesota residents showed during their day of action in January, and vowed "to demonstrate that regular people are the greatest threat to fascism in this country."
In an interview with Payday Report published Saturday, Indivisible co-founder Leah Greenberg said that the goal of the nationwide strike action would be to send "a clear message: we demand a government that invests in our communities, not one that enriches billionaires, fuels endless war, or deploys masked agents to intimidate our neighbors.”
The No Kings protests against President Donald Trump's authoritarian government, which Indivisible has been central in organizing, have brought millions of Americans into the streets.
Polling analyst G. Elliott Morris estimated that the previous No Kings event, held in October, drew at least 5 million people nationwide, making it likely "the largest single-day political protest ever."
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