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Biden Fails a Death Penalty Abolitionist’s Most Important Test

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The mystery of Joe Biden’s views about capital punishment has finally been solved. His decision to grant clemency to 37 of the 40 people on federal death row shows the depth of his opposition to the death penalty. And his decision to leave three of America’s most notorious killers to be executed by a future administration shows the limits of his abolitionist commitment. The three men excluded from Biden’s mass clemency—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—would no doubt pose a severe test of anyone’s resolve to end the death penalty. Biden failed that test.

Banned in Texas prisons: books and magazines that many would consider classics

Ask the Texas Department of Criminal Justice how many book and magazine titles it has reviewed over the years to determine if the reading material is suitable for its inmates, and officials will give you a precise number: 89,795.

Ask how many authors are represented on the list, and they can tell you that, too: 40,285.

But ask how many of those books and magazines have been rejected because prison reviewers decided they contain inappropriate content, and prison officials will tell you that information is unavailable: "There's just no way to break that out," said Tammy Shelby, a program specialist for the prison agency's Mail System Coordinators Panel.

But after the Statesman reviewed five years' worth of publications — about 5,000 titles — whose rejections were appealed by inmates to the agency's headquarters in Huntsville and obtained through open records requests, one thing is clear: Texas prisoners are missing out on some fine reading.

Novels by National Book Award winners Pete Dexter, Joyce Carol Oates, Annie Proulx and William T. Vollmann have been banned in recent years. Award finalists Katherine Dunn and Barry Hannah are on the Texas no-read list, too, as are Pulitzer Prize winners Alice Walker, Robert Penn Warren and John Updike.

Prisoners can't peruse certain books by Pablo Neruda and Andre Gide, both Nobel laureates. "Krik? Krak!" by Haitian writer Edwidge Danticat, who last year won a MacArthur "genius" grant, is prohibited behind Lone Star bars. Books of paintings by some of the world's greatest artists — da Vinci, Picasso, Botticelli, Michelangelo — have been ordered out of state correctional facilities.

Texas prison officials said restrictions on reading material are for the good of both guards and inmates. "We have to protect the safety and security of our institution, but also aid in the rehabilitation of our offenders," said Jason Clark, an agency spokesman.

"And what may not be judged inflammatory in the public at large can be inflammatory in prison."

Texas inmates can receive published material only from publishers or bookstores. Each year, family members, friends and nonprofit organizations arrange to send thousands of books and magazines to prisoners.

Common requests include dictionaries, pulp fiction — Westerns and Star Trek, in particular — and legal and health books, said Scott O'Dierno, who manages Austin-based Inside Books, which has been sending the written word to Texas prisoners for 11 years.

When a book arrives at a Texas prison mailroom, an employee first checks the database to see if the book is already prohibited. If not, said Shelby, "he'll flip it over and read the back." If that provides insufficient information to make a decision, "they scan through it looking for key words" or pictures that would disqualify the publication.

"You can pretty much tell by reading the first few pages," she said. "We rely on them to use their judgment."

Perhaps the most common reason for diverting books from Texas prisoners is sex, portrayed in images and words, although prison officials have struggled to define what's permissible. Inmates could receive magazines like Playboy and Penthouse until 2004, when they were banned, Smith said.

A book or magazine also would be rejected if it "would encourage homosexual or deviant criminal sexual behavior."

In 2007, the "homosexual" reference was deleted, though not before it ensnared "Brokeback Mountain," Proulx's prize-winning love story about two cowboys. ("Homophobia: A History," on the other hand, was approved in 2006.) Written descriptions of other sexual practices — sadomasochism, rape and incest — remain grounds for summary rejection.

State prison administrators have taken an even harder line with images. While pictures of naked buttocks are permitted, depictions of genitalia and women's bare breasts are not.

Art has proved especially tricky to regulate. Shelby said she tries to educate mailroom workers to keep their hands off books of paintings featuring naked adults. Yet many great works also display naked children, and books featuring the work of some of the world's best-known artists, including Caravaggio and Rembrandt, have been blocked.

"Things that would be in the Vatican aren't allowed in TDCJ," said O'Dierno, who said his organization has used magic markers to obscure body parts before mailing some books to a Texas prison. In 2006, censors rejected "The Sistine Chapel Coloring Book."

Click here to read this feature in full.

Source: The Statesman, January 31, 2010

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