William Overton, Director, Michigan Department of Corrections, et al. v. Michelle Bazzetta et al. (539 U.S. 126)
U.S. Supreme Court · decided June 16, 2003 · Supreme Court Database (Spaeth)
- Citation
- 539 U.S. 126 · 123 S. Ct. 2162
- Decided
- June 16, 2003
- Term
- October Term 2002
- Vote
- 9–0
- Majority author
- Justice Kennedy
- Issue area
- First Amendment
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Kennedy delivered the opinion of the Court. The State of Michigan, by regulation, places certain restrictions on visits with prison inmates. The question before the Court is whether the regulations violate the substantive due process mandate of the Fourteenth Amendment, or the First or Eighth Amendments as applicable to the States through the Fourteenth Amendment. I The population of Michigan’s prisons increased in the early 1990’s. More inmates brought more visitors, straining the resources available for prison supervision and control. In particular, prison officials found it more difficult to maintain order during visitation and to prevent smuggling or trafficking in drugs. Special problems were encountered with the increase in visits by children, who are at risk of seeing or hearing harmful conduct during visits and must be supervised with special care in prison visitation facilities. The incidence of substance abuse in the State’s prisons also increased in this period. Drug and alcohol abuse by prisoners is unlawful and a direct threat to legitimate objectives of the corrections system,, including rehabilitation, the maintenance of basic order, and the prevention of violence in the prisons. In response to these concerns, the Michigan Department of Corrections (MDOC or Department) revised its prison visitation policies in 1995, promulgating the regulations here at…
Excerpt of a 17,625-character opinion. The full text and citation network load in the interactive viewer above.