In a new policy paper, the literary and human rights organization PEN America showcases the impact of the nation’s most pernicious book ban: the system of restrictions that exist across U.S. prisons, jails, and other incarceration settings. Some 2.2 million people are currently incarcerated across the country. Against that backdrop, Literature Locked Up: How Prison Book Restriction Policies Constitute the Nation’s Largest Book Ban details the types of book bans prisoners face, the arbitrariness with which they are implemented, and the lack of transparency and oversight that leads to bans on titles from Nobel Prize winners and leading historical figures. The publication of this paper comes amid PEN America’s Literature Locked Up initiative for Banned Books Week 2019.
“This year, as the country focuses on unfair and arbitrary book bans nationwide, we wanted to focus on the pernicious ban on books in the nation’s prisons,” said James Tager, author of the report and PEN America’s deputy director of free expression policy and research. “Literature offers a lifeline for incarcerated people in the midst of a dehumanizing system. We should be promoting access to literature in our prisons. Instead, our policies today are arbitrary, irrational, and at times needlessly cruel. We urgently need a course correction that upholds the right to read behind bars.”
Among the paper’s highlights:
- PEN America reports that literature on race and civil rights is disproportionately subject to bans, often on the grounds that such texts threaten to disrupt a prison’s social order. Often entire categories of books are banned, and these often reflect discriminatory approaches to regulation.
- PEN America also found that review mechanisms fail to offer meaningful oversight over these bans. While the U.S. Supreme Court has established that prisons must provide some form of administrative appeal process, there is no requirement that such reviewers are independent of the prison system, nor are there any criteria regarding reviewers’ qualifications.
- PEN America also explores how in addition to content-specific bans, prison systems have enacted wholesale restrictions on book deliveries, such as requiring purchases come only through “secure vendors,” as well as shutdowns on book donations and deliveries writ large. PEN America finds that these “content-neutral bans” have the effect of banning potentially thousands of titles by significantly limiting the range of books available to people who are incarcerated.
While no comprehensive list exists of all books banned in jails and prisons within the U.S., tens of thousands of titles are banned outright based on outmoded or misguided attempts to regulate behavior. The carceral system in Texas, for example, has reportedly banned more than 10,000 titles, including Salman Rushdie’s Satanic Verses and Alice Walker’s The Color Purple. But perhaps more insidious, the paper finds that bans are often ad hoc, purely at the discretion of mailroom employees or corrections officers who happen to be on duty, constituting a wider and more arbitrary landscape of restrictions that is often invisible to the public.
“Because these book bans are rarely reviewable and seldom overturned voluntarily, the only recourse incarcerated people have is public outrage,” said PEN America’s Tager. “Every time book bans are overturned, it’s because people on the inside and advocates on the outside have urged prison systems to make changes. But the system is opaque and banned book lists are unavailable. We can’t rely on public outrage alone to ensure that the rights of people in prison aren’t routinely violated. That practice has to end.”
PEN America recommends that prison systems follow the American Library Association’s Prisoners’ Right to Read – Interpretation of the Library Bill of Rights principles as a guide. PEN America also urges state and federal officials to implement periodic review of book restriction policies; develop clear and non-discriminatory policies governing such restrictions; encourage prison authorities to consider the educational, literary, and rehabilitative merit of texts; make any banned book list available and accessible; and most crucially, enact meaningful review policies.
PEN America stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. PEN America is a member of the Banned Books Week Coalition.
PEN is hosting a Literature Locked Up event today:
Scuppernong Books, Greensboro, NC • 7:00 pm – 9:00 pm EDT
Join Scuppernong Books on Tuesday, September 24 to celebrate banned and challenged books from around the world. In honor of Banned Books Week 2019, the event will feature readings of banned books and involve the Scuppernong’s Young Adult Book Club, as well as the general public, with an educational component around PEN America’s Literature Locked Up campaign and provide an opportunity for participants to sign a petition calling for the right to read in American prisons. Find out more »