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3rd Circuit Finds Prison Music Policy Does Not Violate Establishment Clause

By Howard M. Friedman

In Young v. Beard, (3rd Cir., July 8, 2008), the U.S. 3rd Circuit Court of Appeals rejected a prisoner's free expression and Establishment Clause challenges to the Pennsylvania prison system's policy on recreational music for prisoners. After criticism of the state's prior policy that allowed independent inmate bands, the Department of Corrections changed its policy to allow only individual music playing in cells or institutional musical groups that can play at an annual talent show or special events. However inmate bands are still permitted for religious services. This was challenged by an inmate who had been a member of a secular inmate band prior to the policy change. The court held that the prior program posed legitimate security concerns, and several viable alternatives still exist for inmates to perform music. Turning to the Establishment Clause challenge, the court found that changes to the secular music program did not have the purpose or effect of advancing religion. Permitting religious bands accommodates free exercise and does not cross the line into endorsement of religion. (See prior related posting.)

Full post as published by Religion Clause on July 10, 2008 (boomark / email).