ST. LOUIS — Citing a violation of the First Amendment, the First Amendment Clinic at Washington University in St. Louis School of Law, with the support of Roderick & Solange MacArthur Justice Center, has filed suit to overturn a de facto book ban in Missouri prisons.

In late 2023, the Missouri Department of Corrections (MoDOC) established a new policy that prohibits books and other publications from being sent to people incarcerated in Missouri prisons. Family and friends had previously been allowed to purchase books from bona fide vendors and have them shipped directly to Missouri inmates. Under this new policy, incarcerated individuals must purchase publications themselves from an extremely limited selection of vendors and titles through a process that inmates can only access at limited intervals.  

The First Amendment Clinic and MacArthur Justice Center said this amounts to a de facto book ban and is a move by MoDOC to further isolate incarcerated people from their communities. The action follows a July 2022 ban of all physical mail that is not legal in nature, meaning that people in Missouri prisons can no longer receive paper cards or photographs from friends and family. 

This case was filed on behalf of ML Smith, Founder & Director of Missouri Justice Coalition (MoJustice). She is an advocate, organizer, directly impacted by the carceral system, and has loved ones presently incarcerated. 

“My partner is incarcerated in MoDOC, and this policy has made it nearly impossible to support the basic human need for him to stay occupied and engaged, as well as hindering my efforts to  support his litigation pursuits. It violates the First Amendment, cuts him off from his support systems and oppresses people simply wanting to improve themselves and their minds,” said Smith. 

Lisa Hoppenjans of the First Amendment Clinic and Amy Breihan Malinowski of MacArthur Justice Center are co-counsel for the case.  

“MoDOC’s restrictive policy is security theater that only serves to further isolate prisoners from their families and friends, hinder rehabilitative efforts and preparation for reentry, and, in some cases, suppress religious expression,” said Breihan. “We aim to hold MoDOC accountable for not following proper procedures when implementing department-wide policies, and to overturn this harmful and restrictive policy.” 

To reach ML Smith for an interview, please call 314-814-2910 or email mojusticecoalition@gmail.com. Please direct all other press inquiries to media@macarthurjustice.org.

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