Avid v. Taylor – Protecting local bookshop’s First Amendment right to communicate with jail residents

Avid, an independent bookseller located in Athens, Georgia, has a protected First Amendment right to communicate with residents at the jail. But under current policy, books shipped by Avid are automatically returned, unopened, on the ground that Avid is not an “authorized retailer” approved by the jail.

Gwinnett County officials claim the “authorized retailer” policy is necessary to avoid the introduction of contraband into the facility. But the policy has no criteria or standards for designating authorized retailers and no process for booksellers to apply to become one. Only Amazon and sometimes Barnes & Noble have been “authorized” to send books.

On behalf of Avid, the Clinic and co-counsel Zack Greenamyre, assert that the jail’s policy is an unreasonable restriction under the First Amendment, is unconstitutionally vague, and operates as a prior restraint and an unlawfully discretionary permitting scheme.

In November 2024, the United States District Court for the Northern District of Georgia denied Gwinnett County officials’ motion to dismiss the complaint. The court ruled that Avid’s claims challenging the “authorized retailer” policy on First Amendment and vagueness grounds may go forward. The court dismissed claims alleging prior restraint and unlawful permitting, and granted qualified immunity to the individual officials regarding money damages. The case will now proceed to discovery.

To date, this matter has been advanced by students Alex Klein, Madi Blair, Alex Cross, Patrick Johnson, Ellie Wilson-Wade, Adoris Gibbs, and Clinic fellows Allyson Veile and Ashley Fox, working under the supervision of Clinic director Clare Norins.

Related news reports: Law360, Georgia Public Broadcasting, Atlanta News First, Atlanta Journal-Constitution, Fox 5 Atlanta