Incarcerating the internet: Social media bans censor journalists in prison
Tents are seen behind wire fences near buildings outside a federal prison in Texas early in the COVID-19 pandemic. Jeremy Busby, a journalist incarcerated in a Texas state prison, writes that prison officials rewarded his successful social media campaign to expose and improve prison conditions during the pandemic by throwing him in solitary confinement.
When COVID-19 invaded the Texas prison system like a Category 5 hurricane, everything was washed away. Prison officials placed every prison facility on a lockdown, which confined us all to our cells 24 hours a day.
Conventional methods that I previously used to investigate and report legitimate news stories were no longer available. The inability to leave my cell and the shortage of staff compelled me to turn to an option that prison officials despise — social media.
After my COVID-19 reporting, prison officials are well aware of my ability to reach outside audiences, expose their wrongdoing, and force reform. They don’t want that to happen again.
My cellmate had a contraband cellphone. After our prison facility (Mark W. Stiles Unit) lost 60% of its staff, including the entire mailroom, because they were sick with COVID-19, and nearly 50 percent of the prisoners contracted the virus, I decided to take action.
I created pages on Facebook, Instagram, and Twitter (now known as X) to inform the general public of the conditions that Texas prisoners and staff members were experiencing. On Facebook, I posted the number of prisoners and prison staff who died from COVID-19. On Twitter, I started threads about the lack of hand sanitizer, masks, and effective COVID-19 protocols inside Texas prisons.
On Instagram, I went live with hip-hop artist and activist Trae tha Truth to detail our plights. I also started the hashtag #AllEyesOnTDCJ, which went viral.
Texas prison officials responded by issuing bleach, masks, fresh fruit, and hot meals to prisoners, and adopting an official COVID-19 protocol from the Centers for Disease Control and Prevention.
They also wrote me a disciplinary case and tossed me into solitary confinement for 22 months.
Under the guise of “security,” state prison officials across the country are enacting policies to censor incarcerated journalists from accessing social media to publish fact-based journalism. The federal Bureau of Prisons is proposing heightening penalties for social media use and even barring incarcerated people from having people on the outside post for them.
These policies not only violate incarcerated journalists’ constitutional rights to freedom of speech, they’re government overreaches that present a plethora of concerns for the public, including stopping real news stories in the name of security.
Social media has become the primary news source for countless people. According to a 2023 survey by the Pew Research Center, for example, nearly half of American adults rely on one of Meta’s (owner of Facebook, Instagram, and WhatsApp) platforms for news.
Prison policymakers should recognize that the government cannot be the arbiter of truth. The push to ban incarcerated journalists from using social media is censorship of constitutionally protected speech. The goal is not security, but to further isolate incarcerated journalists in an industry where incarcerated journalists are not considered important.
Prison officials in Texas have historically been notoriously harsh with incarcerated journalists and others who expose their abuses. There have been documentaries made on the oppression incarcerated activist Fred Cruz endured at their hands, from obstruction of outgoing/incoming mail and unjust placement in solitary confinement to bogus disciplinary infractions and physical attacks. I’ve written about the similar retaliation that I've endured for my journalism, which continues to this day.
Social media bans allow further retaliation like what I experienced after the #AllEyesOnTDCJ campaign. In 2016, Texas prison officials enacted a social media ban that prohibited prisoners from using social media or for anyone associated with a prisoner to use social media on their behalf. That policy is vague and arbitrarily applied.
These policies serve no real penological interest other than allowing prisons and prison officials to escape the news coverage that other government entities are subjected to.
Several other states have enacted such policies, and the current federal proposal would restrict “accessing, using, or maintaining social media, or directing others to establish or maintain social media accounts on the inmate’s behalf." Violation of this policy would result in a prisoner placement in solitary confinement, loss of parole eligibility, or a fine.
These policies serve no real penological interest other than allowing prisons and prison officials to escape the news coverage that other government entities are subjected to.
For example, Texas prisons have recently experienced an alarming spike in homicides and suicides by prisoners. In addition to reporting on this for traditional print media, it's been my desire to reach the huge percentage of Americans who rely on social media for their news.
Afraid of the publicity and subsequent demands for accountability, prison officials retaliated against me again. On June 12, days after a prisoner, who worked as a suicide prevention specialist, died by suicide at my facility, prison officials locked me in solitary confinement without any of my personal property.
Starting 12 days later I was arbitrarily transferred to two different prisons over three days. At my current facility, I have been held in solitary confinement without a mattress, toilet paper, or any basic necessities. My scheduled visitations, including with media outlets and members of my social media team have been denied, supposedly due to the transfers.
This crackdown is designed to suppress free speech, including on social media. After my COVID-19 reporting, prison officials are well aware of my ability to reach outside audiences, expose their wrongdoing, and force reform. They don’t want that to happen again.
The right to freely express one's self — incarcerated or not — is an inalienable right that should never be infringed upon. Government transparency and accountability hinges on incarcerated journalists' ability to report what's happening inside every prison to the general public.
As a nation, we must fight this unethical form of censorship. Prison officials are public servants and their actions and policies must reflect that. Banning social media for incarcerated journalists is a government overreach that is contrary to the public interest.