By Jamie Jenkins

The largest book ban in the United States takes place in this country’s prison system. Prison officials can ban any book that threatens the security or operations of the facility. Books about Black people in America and books about the history and politics of prisons are often targeted for their potential to be divisive or incite unrest. The result is that Black people, who are already disproportionately victimized by the criminal punishment system, are prevented from reading their own history and the history of the institution imprisoning them. This Note examines the legal backdrop enabling these draconian book bans to persist today. As an example, it highlights the recent ban of Heather Ann Thompson’s “Blood in the Water: The Attica Prison Uprising of 1971 and its Legacy” in Attica Correctional Facility. It situates book bans in prisons alongside the anti-CRT mania plaguing our school systems, and labels both practices as forms of “memory law” meant to stifle the democratic engagement of marginalized groups. Finally, this Note argues for a rebalancing of interests that centers the rights and needs of incarcerated people.

(January 16, 2023). Columbia Law Review, Forthcoming, Available at