Vol. 34 No. 3 BUREAU OF PRISONS STATUTE PROHIBITING THE MAILING OF THREATENING LETTERS WHILE IMPRISONED IS NOT UNCONSTITUTIONALLY VAGUE AND IS SUFFICIENTLY NARROW TO ENCOMPASS UNTRUTHFUL THREATS
On December 20, 2018, the Ninth Circuit Court of Appeals decided two related cases involving a Bureau of Prisons (“BOP”) regulation governing threats made by prison inmates. BOP Prohibited Acts Code 203 (“Code 203”) prohibits prisoners from “[t]hreatening another with bodily harm or any other offense.” (28 C.F.R. section 541.3.) The BOP accused Mark Alan […]