ABSTRACT

People in prison have been critical laborers throughout the history of the United States yet suffer extremely poor working conditions. The Jones v. North Carolina Prisoners’ Labor Union, Inc. Supreme Court decision in 1977 dealt a firm blow to incarcerated workers’ labor organizing by holding that these workers do not have a First Amendment right to join a labor union. However, the standard account of Jones overstates its impact. Imprisoned people have continued to organize around working conditions, particularly in the 2016 and 2018 nationwide prison strikes. This Article highlights the persistence of post-Jones labor and political organizing by people in prison and considers how this history informs potential reforms supporting incarcerated workers’ organizing.