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Bureau of Prisons Proposes Rule on Chapel Libraries

By Howard M. Friedman

Yesterday, the Federal Bureau of Prisons published a proposed rule change in the Federal Register (full text) that permits prison chapel libraries to exclude books, audiotapes and videos that "could incite, promote or otherwise suggest the commission of violence or other criminal activity." The proposed rule defines this as including material that advocates violence toward particular religious, racial or ethnic groups as well as material that urges overthrow or destruction of the United States. In 2007, the Bureau of Prisons came under significant criticism for its Chapel Library Project which attempted to draw up lists of acceptable religious books for prison chapel libraries. (See prior posting.) Responding to this, Congress included Sec. 214 in the Second Chance Act of 2007, which provides:

Not later than 30 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall discontinue the Standardized Chapel Library project, or any other project by whatever designation that seeks to compile, list, or otherwise restrict prisoners? access to reading materials, audiotapes, videotapes, or any other materials made available in a chapel library, except that the Bureau of Prisons may restrict access to?(1) any materials in a chapel library that seek to incite, promote or otherwise suggest the commission of violence or criminal activity; and (2) any other materials prohibited by any other law or regulation.

[Thanks to Michael Lieberman for the lead.]

Full post as published by Religion Clause on January 17, 2009 (boomark / email).