Publisher Co-Represented by First Amendment Clinic Wins Settlement In Free Speech Case
Publisher Co-Represented by SMU Dedman Law First Amendment Clinic Wins Settlement In Free Speech Case Against Grayson County, Texas Jail Officials
First Amendment Clinic and O’Melveny & Myers represented Human Rights Defense Center, publisher of legal journals and books sent to prisoners at Grayson County Jail.SMU’s Dedman School of Law, in collaboration with multinational law firm O’Melveny & Myers, recently announced that a settlement in a lawsuit over censorship of Grayson County jail inmates' reading materials and correspondence published by Human Rights Defense Center (HRDC). The case alleged Sheriff William Bennie and former Sheriff Tom Watt violated the First Amendment’s free speech and press protections.
“The permanent injunction and monetary settlement here should send a signal to jails across Texas that book and literature bans are not acceptable anywhere. We were thrilled to represent HRDC and to work with the experienced team at O’Melveny to obtain this important result," said Peter Steffensen, assistant director of SMU’s First Amendment Clinic.
HRDC, a non-profit organization dedicated to protecting human rights in U.S. detention facilities, filed suit in September 2024 after jail staff refused to deliver Prison Legal News, Criminal Legal News, books, and correspondence sent to pre-trial detainees and other prisoners at the jail, stamping “No Books,” “Not Allowed,” “No Staples,” or “Refused” on the envelopes.
According to the complaint, the Grayson County Jail maintained a policy that operated as a complete ban on books and staple-bound magazines sent to detainees from publishers and other commercial sources. Besides the markings affixed to returned mail, jail employees failed to provide HRDC with any details about the basis for the censorship. Jail staff also refused to provide HRDC with notice or an opportunity to appeal the censorship decisions.
Following oral argument on HRDC’s motion for preliminary injunction, jail officials notified the Court that they “will adjust [their] procedures and policies” to authorize delivery of HRDC publications and provide proper notice and an opportunity to appeal any content-based restrictions should they arise in the future.
On March 13, 2025, United States District Court Judge Amos L. Mazzant entered a Stipulated Order for Permanent Injunction enjoining Grayson County officials from “withhold[ing] any book, magazine, other publication, or correspondence (including, but not limited to, letters and informational brochures) sent by HRDC to an inmate in the Grayson County Jail from the date of this Order,” subject only to specific content-based conditions and contingent upon providing full due process protections. Following mediation, Grayson County agreed to pay “the aggregate sum of $290,000” to cover HRDC’s costs, damages, and attorney fees.
“We are pleased with the outcome of this case and that prisoners in the Grayson County jail can now receive books and magazines from publishers, consistent with the Constitution,” said Paul Wright, executive director at HRDC.
“The jail’s censorship has harmed many publishers and businesses who wish to provide publications to individuals confined within the jail,” noted HRDC Litigation Director Jonathan Picard. And Picard explained that “HRDC’s books and magazines inform prisoners about educational opportunities, their constitutional rights, and provide a means for self-improvement while incarcerated. Banning those publications from reaching those who are in jail is an affront to the First Amendment, as well as counterproductive to the goals of security and rehabilitation.” As a result, he said, “The court’s order will have an enormously positive effect on the lives of many people.”
“We were pleased to represent HRDC, and team with them and the SMU First Amendment Clinic, in prosecuting these important claims. The injunction and the settlement together should ensure that the First Amendment rights of publishers and of prisoners are protected going forward,” said Timothy Durst, a partner in the Dallas office of O’Melveny & Myers and regional head of litigation.
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