Johnson v. Avery - 393 U.S. 483, 89 S. Ct. 747 (1969)

Rule:

Since the basic purpose of the writ of habeas corpus is to enable those unlawfully incarcerated to obtain their freedom, it is fundamental that access of prisoners to the courts for the purpose of presenting their complaints may not be denied or obstructed.

Facts:

Petitioner Johnson, a Tennessee prisoner, was disciplined for violating a prison regulation which prohibited inmates from assisting other prisoners in preparing writs. The District Court held the regulation void because it had the effect of barring illiterate prisoners from access to federal habeas corpus and conflicted with 28 U. S. C. § 2242. The Court of Appeals reversed, finding that the State's interest in preserving prison discipline and limiting the practice of law to attorneys justified any burden the regulation might place on access to federal habeas corpus.

Issue:

Did the State's interest in preserving prison discipline and limiting the practice of law to attorneys justify any burden the regulation might place on access to federal habeas corpus?

Answer:

No

Conclusion:

The Court rejected the appellate court's finding that the State's interest in maintaining prison discipline and limiting the practice of law to attorneys justified whatever burden the rule placed on prisoners' access to federal habeas corpus. After emphasizing the importance of habeas corpus relief in the criminal justice system, the Court ruled that, without providing some alternative means that permitted prisoners to seek post-conviction relief, the rule was unenforceable and invalid because it impermissibly restricted prisoners' right to seek such relief.