Louisiana state prisons can’t justify banning inmates from receiving copies of a newspaper published by the Nation of Islam, a federal appeals court ruled Thursday. A three-judge panel from the 5th U.S. Circuit Court of Appeals upheld a federal judge’s ruling that the David Wade Correctional Center must deliver copies of The Final Callnewspaper to Henry Leonard, a convicted murderer.
The American Civil Liberties Union of Louisiana backed Leonard’s claims that the Homer prison violated his right to free exercise of religion.
Prison officials argued the newspaper contains racist rhetoric that could provoke an outbreak of violence. However, during a 5th Circuit hearing in August, a lawyer for Attorney General James “Buddy” Caldwell’s office couldn’t point to any violent acts that could be linked to The Final Call.
“This is a clear statement by the 5th Circuit that there is nothing in The Final Call that justifies censorship,” said Marjorie Esman, executive director of the ACLU of Louisiana.
A spokeswoman for Caldwell’s office said officials were reviewing the decision and “may have more to say at a later time.”
The appeals court said it doesn’t agree that “The Muslim Program,” a statement of beliefs reprinted in every issue of the newspaper, is free of racially inflammatory language. But the judges said that page has been included in all prior issues of the newspaper and has always been available to Leonard.
The judges also noted that the prison could delete an “objectionable page” like The Muslim Program without banning the entire newspaper.
“The Final Call is objectionable to the prison officials only because it regularly includes ‘The Muslim Program.’ We agree with the district court that banning the entire newspaper is not justified for that reason,” the court wrote in its two-page ruling.
Prison officials implemented a statewide ban on The Final Call in 2005. In March 2010, U.S. District Judge Donald Walter in Shreveport ruled the prison can’t censor or restrict Leonard’s access to The Final Call. Walter expressed concern that completely banning the newspaper was an exaggerated response to security concerns.
Leonard is a former Baton Rouge police officer who was convicted of murdering his estranged wife’s boyfriend and is serving a life sentence.
The ACLU filed a similar case in February 2009 on behalf of an inmate at the state prison in Angola, La., who also says he has been denied access to The Final Call. The case is pending in the federal court based in Baton Rouge. Esman said Thursday’s ruling -- if it stands -- also should determine the outcome of that case.