Deprivation as Rehabilitation: The Impact of Beard v. Banks on Inmate Free Speech Claims

In this week's episode, associate editor Rachel Urbash begins with a brief discussion of theories underlying incarceration in the US. Next, this episode tracks the evolution of the test created by the Supreme Court in 1987 to assess the validity of prison regulations violating the constitutional rights of inmates. Starting with Turner v. Safley, the episode discusses the creation of the four-factor test. After discussing Turner, this episode discusses Beard v. Banks, a 2006 Supreme Court First Amendment case that called the efficacy of the Turner analysis into question in considering the validity of prison regulations that deprived inmates of virtually all First Amendment rights to encourage rehabilitation. This episode discusses the critiques of the Court's analysis in Beard, and the impact of the decision on circuit courts’ analyses of First Amendment free speech challenges to prison regulations. If you're interested in this week's topic, please check out these resources to learn more: Beard v. Banks | 548 U.S. 521 (2006) | Justia U.S. Supreme Court Center Prisoners' Rights Archives | The Free Speech Center beard_v_banks_deprivation_as_rehabilitation.pdf