A few years ago, Martin became a published author, writing four novels while lying in his bunk in a state prison in Elizabeth City. His books, which feature a high-rolling criminal named Unique, have a following among readers of what is known as "urban fiction," a popular literary genre characterized by explicit tales of inner-city crime life. Martin's books are available on Amazon.com.

But Martin says prison officials are shutting him down, saying his novels violate a policy that bars inmates from conducting business behind bars.

Martin, a 32-year-old habitual felon with several theft-related convictions, says the policy violates his right to free speech. Martin's attorneys are challenging the policy, which they say prison officials have used to confiscate Martin's manuscripts and discipline him for writing.

"When I'm trying to do something positive, they want me to stop," Martin said in a telephone interview from the Elizabeth City prison. "The way I see it, they want me to stay stagnant and not do anything."

Martin's current publisher, Marcenia Waters of Charlotte, says Martin plays a small role in business affairs related to publishing. Her self-owned publishing company makes the arrangements for printing and distribution and handles the income from Martin's latest book, "Unique's Ending."

Waters said she became a fan of Martin's writing after hearing about him through word of mouth. She wrote to him in prison, and they developed a relationship through letters. Eventually, she offered to publish one of his books.

Attorneys with the American Civil Liberties Union of North Carolina have sent a letter to officials with the state Department of Correction asking about the whereabouts of a 310-page manuscript that they say was confiscated.

"There is no evidence that his writing is posing a danger," said Katherine Lewis Parker, legal director with the ACLU's North Carolina branch.

An issue of safety

Keith Acree, a Department of Correction spokesman, declined to talk specifically about Martin's claims. But he said department policy prohibits prisoners from publishing their writing for payment while in prison.

"The policy prohibits conducting business from prison -- not writing," Acree said in an e-mail statement.

The policy says prisoners can't conduct business because it threatens prison safety. The inmate can be targeted for money, and guards could be adversely affected by monitoring the prisoner's activity, according to the policy.

Martin is not the first inmate to complain that state policies designed to maintain safety and order were being used to violate his rights to free speech.

In 2006, Joseph Urbaniak said in a federal lawsuit that prison officials at Harnett Correctional Institution violated his right to free speech when they blocked his access to magazines and newspapers about gay life. The lawsuit is pending.

Lawyers at N.C. Prisoner Legal Services have written about the clash between prisoner rights and prison policies, citing a U.S. Supreme Court decision that says inmates do not give up all constitutional rights.

But prisoners often face a tough challenge in trying to prove their case, lawyers say. And prison officials have broad latitude in enforcing policy until it is successfully challenged.

The ACLU's Parker said in her letter that prison officials have to prove that policies that infringe on prisoner rights are valid. To determine validity, courts look for four factors that include whether exercising the right poses a safety risk and whether it adversely affects prison guards and resources.

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