Eleventh Circuit Revives Free Speech Claim Over Jail Mail Scan Policy
Detainee at Polk County, Fla. jail sues officials for, among other things, scanning his legal mail into a computer system. Eleventh Circuit: The First Amendment requires opening legal mail in the detainee's presence and checking only for contraband. That doesn't include scanning it and saving it on a computer that jail officials can access. The jail's mail-scanning policy "sufficiently chills, inhibits, or interferes with" an inmate's ability to speak openly with his attorney and infringes his right to free speech. Case undismissed!