A Byline Isn't a Crime

by Michael Santos · 2010-05-15 07:50:00 UTC
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The Bureau of Prisons (BOP) has recently changed regulations that used to prohibit inmates from writing for the news media under a byline. A section from the Code of Federal Regulations still holds that inmates cannot "act as a reporter" but it no longer says an inmate cannot publish under a by-line.

I don't know what it means to act as a reporter, and I've never much cared. As a long-term prisoner I consider it my duty to write about the experiences of imprisonment. I've been writing about my journey for 23 years. The first article I published was in the Atlanta Journal and Constitution back in 1992 or 1993, and the newspaper published under my byline. The article described a positive program for at-risk youth that other prisoners and I contributed to. Since then I've written scores of articles, book chapters, and books that all featured a byline. I suppose the prison officials left me alone because my writing encouraged other prisoners to act responsibly and prepare themselves to overcome the challenges they would face upon release.

But I also write to describe the prison experience. Family members want to know the conditions under which their loved ones live. I write to give people hope, to show them that despite the pains of long-term confinement, people can find or create projects that bring meaning to their lives. Thousands of people read my work, but the BOP has never charged me with the disciplinary infraction of acting as a reporter. I don't know what sanction I would face if I ever received such a charge, but it would not deter me from writing about my experience as a prisoner.

In a democracy, it's important for all citizens to write about their observations, experiences, and opinions. That open communication feeds a dialogue that apprises the public and it helps taxpayers understand how their funds contribute to society. In writing about prisons, I hope to give citizens an eye into this world that confines 2.3 million people. It's a world that prison administrators would like to shield from the public by blocking communications, but citizens have a right to know. When administrators block me form writing about the prison experience, they not only violate my first amendment rights, but they violate the first amendment rights of every citizen who has an interest in open democracy. As long as prisoners write accurately about what they observe, experience, interpret, I don't know why administrators would object to the transparency. I'm proud to write about prisons. There shouldn't be any secret about how society wastes $59 billion each year in funding this system.

I'll keep writing, but I'm glad to see the BOP has begun to modify its rules. I still wonder, though, what it means to act as a reporter. No matter how I act, I'm still a prisoner.

Photo Credit: lethaargic

Michael Santos has been confined in federal prison since 1987. He currently uses his writing to contribute to the national dialogue on prison reform.
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