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Prisoner's thoughts shackled by rule

Lawsuit could change regulation

Sara Burnett

Published May 29, 2007 at midnight

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Mark Jordan just wants to share his thoughts with the world.

The problem is, Jordan is an inmate at Supermax, the nation's most secure federal prison and home to well-known prisoners such as Unabomber Theodore Kaczynski and Sept. 11 conspirator Zacarias Moussaoui.

Prison regulations have prohibited inmates from acting as reporters or publishing their writing under a byline, because of security concerns. So Jordan, in prison until 2048 for bank robbery and killing another inmate, filed a federal lawsuit claiming the rule violated his First Amendment rights.

The case could have implications for other prisoners, should U.S. District Judge Marcia Krieger finds that the Bureau of Prison's regulation is unconstitutional.

As his trial got under way at the federal courthouse in Denver this morning, Jordan appeared via video from the Florence prison. He told Krieger he is a prolific writer, penning five to 10 letters to the editor each month and dozens of essays since going to prison 13 years ago. He has had several essays published, including two for which he was disciplined, he said. Both of those essays, "The Social Bonds of the Have-Nots" and "Beware the Surveillance Society" were published in Off! magazine.

Jordan said he prefers to have his essays printed in full, not as the edited work of reporters or letters to the editor, because it gets across his "unique prisoner perspective."

"I want to get a message out to the public," the 31-year-old said. "I just can't do that any other way."

Attorneys for the Bureau of Prisons say the bureau updated its regulation shortly before Jordan was scheduled to go to trial last fall. The updated rule states that prison officials must decide on a case-by-case basis whether a prisoner's writings are inappropriate or a security risk, and that not all cases are cause for disciplinary action.

They also say prisoners are given other options for expressing their thoughts and opinions, so their First Amendment rights are not violated.

Before the case was rescheduled for this week, Jordan had requested that Kaczyinski be allowed to testify on his behalf. Krieger denied that request.

The case will be decided by the judge, not a jury. The trial is scheduled to continue through Thursday.