Under what authority can a jail seize outgoing, non-privileged inmate mail to prevent it from "offending" the recipient if the communication doesn't meet the elements required for a charge of harassment or other offense (not obscene, threatening, etc.)?

Don't know but TDCJ will do it if the recipient asks to be placed on a "negative mailing list" for a given TDCJ inmate. I'm thinking it probably has some basis in the same logic that allows people to sign up for the national "do not call" list or anti-spam laws. And, of course, all sorts of security concerns and civil rights restrictions come into play once incarcerated.

How is it that this question arises? Seems to me that the recipient of a letter can just throw it in the garbage if they don't want to read it. Is the letter patently offense on the outside of the envelope? There is probably some charge that can be leveled as a result of that, if so. If not, how do we justify not even giving the person a chance to read the mail just because we say we're scared they'll be offended? If they've told us they don't want to get mail from the inmate, then just get them to sign a letter saying they want us to keep the mail--after all, once you put it in the mail, it shoul dbelong to the recipient, right? They can certainly authorize us to pick up their mail for them, even if it's only the mail from this one guy.

We had Defendant in jail with a Magistrate's Order of Emergency Protection as well as an "order for further detention" for another 48 hours after he bonded out because his latest attack on his wife was holding a gun to her head and threatening her. While in our county jail, he borrowed some paper and wrote her a letter, begging forgiveness and pleading for sympathy. Of course, on its face not harassing, but it just reminded our victim how he has a funny way of always being able to get to her, even from jail. I know that the jailers review the mail in and out, looking for mention of escape. Is there any basis upon which the jailers can seize mail that is being sent to the protected party of the MOEP? Or as the victim of a crime?

Having issue with sex assault defendant sending letters from jail to 13 yo victim. Mom wants letters to stop, victim may not. Working on protective order right now but wondering if jail can just seize letters to her in the mean time....

I know, I know they might contain good stuff and generally we wouldn't want the letters to stop, but I'm comfortable with all the evidence we have at this point to at least seize the letters.

Just thought I'd answer my own question

Brown v. State 334 SW3d 789 (2010)
citing
Stroud v US 251 US 15 (1919)