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Abstract

(Excerpt)

In June of 2022, the Michigan Department of Corrections (“MDOC”) made national news when NPR reported that non-English language dictionaries were banned in state prisons. The rationale for this policy was specious—with an MDOC spokesperson stating: “If certain prisoners all decided to learn a very obscure language, they would be able to then speak freely in front of staff and others about introducing contraband or assaulting staff or assaulting another prisoner.” For instance, Spanish and Swahili dictionaries were restricted or banned based on safety, even though both languages are spoken by millions of people. Dictionaries and other reference materials are some of the most important foundational materials in a prison library. Dictionaries also are among the most requested materials by incarcerated people and are needed to complete education programs.

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Though MDOC rescinded the non-English dictionary ban, the nearly 33,000 people incarcerated in Michigan’s prisons and people incarcerated in other facilities across the U.S. still have serious information and access to court gaps that must be improved upon. Thus, this Article argues that incarcerated individuals deserve libraries that meet both their right to read and their right to access the courts. This Article is organized into four parts. Part I outlines a brief history of prisons and the prison industrial complex in the United States. Part II examines an incarcerated person’s access to information and their right to read. Part III then discusses how a prison library aims to effectuate an incarcerated person’s right to access the courts and the barriers that exist to realize that access. Finally, Part IV offers suggestions on better serving incarcerated library patrons by prioritizing their general information needs and right to access the courts.

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