The Cornell First Amendment Clinic filed suit in federal court in Vermont in late August to protect the First Amendment speech and religious rights of former prison volunteer Devon Kurtz. Mr. Kurtz served as a volunteer Quaker minister at the Southern State Correctional Facility (“SSCF”) in Springfield, VT until July 2024, when Vermont Department of Corrections (“VTDOC”) officials fired him for helping publish a book called Sketches From Beyond Prison Walls (“Sketches”). The lawsuit is brought to ensure that individuals’ fundamental right to critique the government—whether stemming from political belief or religious conviction—is insulated from unlawful censorship or retaliation.
The complaint alleges that Sketches, a collection of writings, drawings, and commentary contributed by men incarcerated at SSCF and Mr. Kurtz himself, constituted political and religious expression protected by the First Amendment. Sketches grew out of years of collaboration between Mr. Kurtz and a Quaker inmate at SSCF. The book, which paints a nuanced portrait of life behind bars, makes no secret of the spiritual and critical motivations behind its creation, highlighting, for example, instances of medical neglect and cell overcrowding and detailing the moral and religious experiences of the book’s authors.
It came as a surprise to Mr. Kurtz when, on July 9, 2024—nearly three months after Sketches was published—he was fired from his role as a volunteer Quaker minister. As the allegations in the complaint show, VTDOC personnel never disciplined Mr. Kurtz nor raised issues about Sketches prior to the day of his firing. More confusing yet, VTDOC claimed that Mr. Kurtz was fired for violating a prison policy limiting the news media’s ability to access and report on SSCF; plainly, this policy did not apply to Mr. Kurtz, a volunteer prison minister. VTDOC’s stated reason for firing Mr. Kurtz, the complaint argues, is mere pretext—VTDOC actually took issue with the protected speech and religious expression contained in the pages of Sketches.
“Nothing is more fundamental to the First Amendment than the basic principle that the government may not retaliate against us when we speak out on matters of public concern or exercise our religious beliefs. This case sits at squarely at the juncture of these two basic First Amendment protections and the Clinic is proud to represent Mr. Kurtz in his effort to vindicate these rights,”
Jared Carter, an adjunct faculty member and attorney with the Clinic, said. Carter is working with students on the case alongside Clinic Associate Director, Heather Murray, and Stanton Fellow, Daniela del Rosario Werthheimer.
Clinic students Devin Brader-Araje ‘26, Zachary Jacobson ‘26, Gregory Jameson ‘25, Lexie Kapilian ‘26, and John Seo ‘25 worked on drafting the demand letter and complaint.