Stefanow v. McFadden

103 F.3d 1466, 96 D.A.R. 15, 96 Daily Journal DAR 15551, 96 Cal. Daily Op. Serv. 9470, 1996 U.S. App. LEXIS 33639
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 27, 1996
DocketNo. 95-16134
StatusPublished
Cited by44 cases

This text of 103 F.3d 1466 (Stefanow v. McFadden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stefanow v. McFadden, 103 F.3d 1466, 96 D.A.R. 15, 96 Daily Journal DAR 15551, 96 Cal. Daily Op. Serv. 9470, 1996 U.S. App. LEXIS 33639 (9th Cir. 1996).

Opinion

OPINION

TROTT, Circuit Judge:

This appeal arises from a suit brought by Michael Stefanow (“Stefanow”), a prisoner in the Arizona State Prison Complex, against the prison warden and other prison officials (collectively, the “prison officials”) pursuant to 42 U.S.C. § 1983. We must decide whether the prison officials’ confiscation of Christianities Ancient Enemy, a book sent to Stefanow by the pastor of his church, violated Stefanow’s First Amendment rights of free exercise of religion and free speech. Because Stefanow’s religion does not require him to read Christianities Ancient Enemy, we conclude that the prison did not violate Stefanow’s free exercise rights under the Religious Freedom Restoration Act. Also, because confiscation of the book was reasonably related to the prison’s legitimate penological interests, the prison did not violate Stefanow’s free speech rights in keeping it from him. Accordingly, we affirm the judgment of the district court in favor of the prison officials.

BACKGROUND

Stefanow is a prisoner at the Arizona State Prison Complex in Florence, Arizona. During his incarceration, Stefanow has committed numerous security violations for threatening staff and other prisoners, possessing prison-made knives and shanks, and possessing narcotics. Because the prison officials believe him to be a high security risk, Stefa[1469]*1469now is housed in the Special Management Unit, a cellblock used to house inmates with disciplinary problems and to isolate dangerous inmates from other prisoners.

Stefanow is a practitioner of “Christian Identity,” which he says is a religion. He is a member of the “Church of Jesus Christ Christian” (“CJCC”) and of the Aryan Nations, a branch of the CJCC that eaters to prisoners by sending them literature and religious materials. The Christian Identity religion teáches that white Aryans are the true Israelites and that the promises of the Bible apply to white Aryans, not to Jews. The prison officials believe that the Christian Identity religion promotes white supremacy and is affiliated with the Ku Klux Klan and the Aryan Brotherhood, a prison gang that advocates white supremacy. Although Stefanow denies that his religion advocates white supremacy and racism, he admits that it teaches him to “keep separate” from other races.

Stefanow’s CJCC pastor, Gordon “Jack” Mohr (“Mohr”), has authored several books that he sends to prisoners around the country. The prison officials have allowed Stefanow to possess and study several of Mohr’s books, including The Enemy Within, Know Your Enemies, Mind Control, Who are the Jews, and Behold the International Jew. But when Mohr sent Stefanow Christianities Ancient Enemy, prison officials, after reviewing its content, seized the book as contraband. They confiscated the book because in the warden’s considered opinion, it contains material that poses a threat to the safe, secure, and orderly operation of the prison.

In Christianities Ancient Enemy, Mohr aggressively promotes the idea that America’s so-called “Zionist Occupied Government (ZOG)” is controlled and manipulated by people of the Jewish faith. In Mohr’s words:

WE KNOW ... about the Rockefeller-Rothschild Jewish Group which dominates this nation, and most of the Free World. It has been studied for years. We know that this One World Group intends to enslave all of us, and kill some of us as their agents have done all around the world. We know that their Number One'motive is the “destruction of White Christian civilization.” For this has been the bulwark of freedom in this world for almost 2,000 years.

Christianities Ancient Enemy at 134.

As evidence of this alleged, nefarious world conspiracy, Mohr describes atrocities that Jews supposedly have committed against Christians throughout history. According to Mohr, Jews have been responsible for communist oppression, for “torture[ ] and murder[ ] by the countless thousands” in the Soviet Union, China, and North Korea, id. at 117, and for “changing] America from a Constitutional Christian Republic, into a Socialist Welfare State ... which is very close to a Zionist controlled (ZOG) New World Order dictatorship.” Id. at 121

In response to the alleged conspiracy, Mohr espouses a “perfect hatred” for those who do not accept Christianity, id. at 74, and declares that “freedom, dignity (racial pride), the protection of our women and children, and our God, are the only things worth fighting and dying for.” Id. at 134. He tells his readers that no Jew is “really innocent” of the evil perpetrated “by their International leaders,” and that “[i]n time of war, as people struggle for survival (and we are in a war for survival, right now, whether you are willing to admit it or not), there is no time to pick the innocent from the guilty. If they stand under the enemy flag, they must be considered as enemy and your foe.” Id. at 139.

Mohr’s solution to. this dilemma is for white Christians “to attack the problem, if [they] wish to remain free.” Id. at 136. Thus, he calls for an “unorganized militia” to protect the bordérs from unlawful immigration, id. at 135, and pleads for white Christians to “start by preparing the groundwork for battle” between Judaism and Christianity. Id. at 137. “Both figuratively and literally,” Mohr declares, “there will be live heroes and dead cowards when the dust of battle lifts from this spiritual conflict.” Id. at 141.

Mohr’s closing call to arms is representative of the book’s incendiary content and its hateful tone:

As more and more Christians begin to realize how self-styled Jews have spent [1470]*1470millions of dollars to manufacture Jewish myths for Christian consumption, and that they have done this both for economic and political advantage, you will see a tremendous explosion against Jews in this country. It is coming and knowledgeable Jewish leaders know this and admit it! The unfortunate thing is that the “little Jew,” the fellow we are more apt to rub shoulders with in the business world, and who knows little about what is happening at the international level, is the one who will bear the brunt and be hurt the worst. It has always been thus____
How close are they to their planned takeover? As far back as 1950, Supreme Court Justice Murphy, who had been U.S. Attorney General under Franklin Roosevelt said: “We are doomed! They are too strong! They are now in complete control! They now have complete control of the President and our government.”
Friends, we have gone a long way “down hill” since 1950. The only thing which is holding America back from complete disaster, is a remnant of Christians who have not become conditioned to the World Brotherhood Program, or to the indoctrination of the International Zionists and their Talmudic faith.
sf- tji
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Bluebook (online)
103 F.3d 1466, 96 D.A.R. 15, 96 Daily Journal DAR 15551, 96 Cal. Daily Op. Serv. 9470, 1996 U.S. App. LEXIS 33639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stefanow-v-mcfadden-ca9-1996.