Ban on surrogate social media for inmates a bad idea on many levels

 

Texas prison inmates shouldn’t be allowed to have active social media accounts, even if friends or family on the outside actually run them, the Texas Department of Criminal Justice has decided.

Earlier this month, the department updated its criminal handbook to prohibit prisoners from having personal pages on Facebook, Twitter or Instagram run in their name by others. When pages violating the policy are discovered, the department plans to report the violations to the appropriate social network.

“What really prompted the rule was that social media companies now require some sort of specific rule in place that’s going to prohibit offenders from maintaining their social media accounts,” said department spokesman Jason Clark. “I can tell you increasingly it has become more difficult to ask those companies to take it down. They would come back to us and say, ‘You don’t have a specific policy that says they can’t have it.'”

But the new rule is eliciting free-speech concerns from civil liberties groups and raising questions about how friends or family can advocate for inmates. Besides the fact that the new policy will almost certainly prove impossible to enforce, and that it was enacted without legislative authorization or even soliciting stakeholder input, this decision was wrongheaded on multiple levels.