28 C.F.R. § 540.71

Procedures

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(a)(1) At all Bureau institutions, an inmate may receive hardcover publications and newspaper only from the publisher, from a book club, or from a bookstore.

(2) At medium security, high security, and administrative institutions, an inmate may receive softcover publications (for example, paperback books, newspaper, clippings, magazines, and other similar items) only from the publisher, from a book club, or from a bookstore.

(3) At minimum security and low security institutions, an inmate any receive softcover publications (other than newspapers) from any source.

(4) The Unit Manager may make an exception to the provisions of paragraphs (a)(1) and (2) of this section of the publication is no longer available from the publisher, book club, or bookstore. The Unit Manager shall require that the inmate provide written documentation that the publication is no longer available from these sources. The approval or disapproval of any request for an exception is to be documented, in writing, on an Authorization to Receive a Package form which will be used to secure the item.

(b) The Warden may reject a publication only if it is determined detrimental to the security, good order, or discipline of the institution or if it might facilitate criminal activity. The Warden may not reject a publication solely because its content is religious, philosophical, political, social or sexual, or because its content is unpopular or repugnant. Publications which may be rejected by a Warden include but are not limited to publications which meet one of the following criteria:

(1) It depicts or describes procedures for the construction or use of weapons, ammunition, bombs or incendiary devices;

(2) It depicts, encourages, or describes methods of escape from correctional facilities, or contains blueprints, drawings or similar descriptions of Bureau of Prisons institutions;

(3) It depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs;

(4) It is written in code;

(5) It depicts, describes or encourages activities which may lead to the use of physical violence or group disruption;

(6) It encourages or instructs in the commission of criminal activity;

(7) It is sexually explicit material which by its nature or content poses a threat to the security, good order, or discipline of the institution, or facilitates criminal activity.

(c) The Warden may not establish an excluded list of publications. This means the Warden shall review the individual publication prior to the rejection of that publication. Rejection of several issues of a subscription publication is not sufficient reason to reject the subscription publication in its entirety.

(d) Where a publication is found unacceptable, the Warden shall promptly advise the inmate in writing of the decision and the reasons for it. The notice must contain reference to the specific article(s) or material(s) considered objectionable. The Warden shall permit the inmate an opportunity to review this material for purposes of filing an appeal under the Administrative Remedy Program unless such review may provide the inmate with information of a nature which is deemed to pose a threat or detriment to the security, good order or discipline of the institution or to encourage or instruct in criminal activity.

(e) The Warden shall provide the publisher or sender of an unacceptable publication a copy of the rejection letter. The Warden shall advise the publisher or sender that he may obtain an independent review of the rejection by writing to the Regional Director within 20 days of receipt of the rejection letter. The Warden shall return the rejected publication to the publisher or sender of the material unless the inmate indicates an intent to file an appeal under the Administrative Remedy Program, in which case the Warden shall retain the rejected material at the institution for review. In case of appeal, if the rejection is sustained, the rejected publication shall be returned when appeal or legal use is completed.

(f) The Warden may set limits locally (for fire, sanitation or housekeeping reasons) on the number or volume of publications an inmate may receive or retain in his quarters. The Warden may authorize an inmate additional storage space for storage of legal materials in accordance with the Bureau of Prisons procedures on personal property of inmates.

[44 FR 38260, June 29, 1979, as amended at 47 FR 55130, Dec. 7, 1982; 50 FR 411, Jan. 3, 1985; 61 FR 57568, Nov. 6, 1996; 67 FR 77164, Dec. 17, 2002]

Notes of Decisions

Cited in 37 cases (3 in the last 5 years), 1979–2026 · leading case: Thornburgh v. Abbott, 490 U.S. 401 (1989).

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Thornburgh v. Abbott, 490 U.S. 401 (1989). · cites it 8× “28 CFR § 540.71 (b)(1988). Both determinations turn, to some extent, on content.”

Jordan v. Sosa, 654 F.3d 1012 (10th Cir. 2011). · cites it 5× “38,254, 38,260 (June 29, 1979) (codified at 28 C.F.R. § 540.71 (b)). As codified, this regulation authorizes wardens to reject “sexually explicit material which by its nature or content poses a threat to the security, good order, or discipline of the institution, or facilitates…”

Bell v. Wolfish, 441 U.S. 520 (1979). · cites it 2× “30576 (1978) (to be codified in 28 CFR § 540.71 ). In addition, petitioners have informed the Court that the Bureau proposes to amend the rule further to allow receipt of paperback books, magazines, and other soft-covered materials from any source.”

Gordon Reid v. Hugh J. Hurwitz, 920 F.3d 828 (D.C. Cir. 2019). · cites it 3× “He alleged that BOP had violated its own policies and procedures in three ways: (1) BOP had failed to deliver his magazine subscriptions while he was confined in SHUs, thus violating 28 C.F.R. § 540.71 and BOP Program Statement 5266.”

Prison Legal News v. Fed. Bureau of Prisons, 944 F.3d 868 (10th Cir. 2019). · cites it 2× “Each notice said the publication was rejected under 28 C.F.R. § 540.71 (b), identified the objectionable pages, and explained why the content was problematic, including that the objectionable pages contained name- alone content.”

Love Brooks v. Bryan Bledsoe, 682 F. App'x 164 (3rd Cir. 2017). · cites it 2× “§ 5300 (b)(6), and 28 C.F.R. § 540.71 (b)(7). 2 With respect to the other factors, the District Court found that Brooks “failed to refute that he ha[d] alternative means of exercising his First Amendment rights to receive a broad range of publications that do not depict nudity”…”

Joseph Amatel v. Janet Reno, Attorney Gen. of the United States, 156 F.3d 192 (D.C. Cir. 1998). · cites it 2× “* * * Before 1996, federal regulations authorized prison wardens to reject a publication “only if it [was] determined detrimental to the security, good order, or discipline of the institution or if it might facilitate criminal activity.”

Jacklovich v. Simmons, 392 F.3d 420 (10th Cir. 2004). “The Court cited the regulation requiring the Bureau of Prisons to provide a copy of the rejection letter notifying the inmate to the publisher, 28 C.F.R. § 540.71 (e). Thornburgh, 490 U.”

Yu Kikumura v. C.A. Turner, 28 F.3d 592 (7th Cir. 1994). · cites it 2× “” 28 C.F.R. § 540.71 (b); Bureau of Prisons Policy Statement 5266.”

Julio Giano v. Daniel Senkowski, Superintendent, Clinton Corr. Facility Thomas Coughlin, Comm'r, Dep't of Corr. Servs., 54 F.3d 1050 (2d Cir. 1995). “For example, the federal regulation that bars inmates in federal prisons from receiving publi *1060 cations that depict “procedures for the construction or use of weapons, ammunition, bombs or incendiary devices,” 28 C.F.R. § 540.71 (b) (1992), is so plainly necessary for prison…”

Daker v. Ferrero, 506 F. Supp. 2d 1295 (N.D. Ga. 2007). · cites it 5× “(quoting 28 C.F.R. § 540.71 (b)). The regulations, however, restricted the warden from rejecting a publication “solely because its content is religious, philosophical, political, social or sexual, or because its content is unpopular or repugnant.”

Marc Ramirez v. Michael v. Pugh, Warden, Lsci-Allenwood Janet Reno, Attorney Gen. Kathleen Hawk, Dr., Dir. of the Bureau of Prisons, 379 F.3d 122 (3rd Cir. 2004). “” 28 C.F.R. § 540.71 (b)(7). These regulations are still in place to the extent that they involve material falling outside the scope of § 540.”

Show all 37 citing cases →

— 28 C.F.R. § 540.71(b) — 1 case

Prison Legal News v. Fed. Bureau of Prisons, 944 F.3d 868 (10th Cir. 2019). “Each notice said the publication was rejected under 28 C.F.R. § 540.71 (b), identified the objectionable pages, and explained why the content was problematic, including that the objectionable pages contained name- alone content.”

— 28 C.F.R. § 540.71(d) — 2 cases

Hamrick v. Fed. Bureau of Prisons (D. Colo. 2024).

Jabarah v. Wray (D. Colo. 2025).

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