A RBGG team led by Jeffrey Bornstein, Sandy Rosen and Ben Bien-Kahn successfully resolved two important First and Fourteenth Amendment censorship cases that prohibited or restricted publishers from sending books and magazines to persons incarcerated in county jails in California’s Placer and Tehama Counties.  The resolutions will protect RBGG’s client Human Rights Defense Center (HRDC) and other third party publishers and book distributors from having their publications censored by jail officials if they were not pre-approved, and also ensures that publications will not be rejected if they contain staples. 

The action was brought on behalf of HRDC to ensure that its constitutional right to solicit subscribers for its publications, including Prison Legal News, would not be interfered with by these county jails.  The settlements will also apply to other publishers and not just HRDC, however.  Bornstein remarked that the resolutions “were comprehensive, quickly obtained and represent fundamental fairness and accord with black letter First Amendment and Due Process precedent.”

Complaints and Consent Decree:

Consent Decree (Tehama Case), 05-13-2020

Complaint for Declaratory, Injunctive Relief (Tehama County), 02-14-2020

Complaint for Declaratory, Injunctive Relief (Placer County), 02-06-2020