U.S. Appeals Court: MAIL PUBLICATIONS.Prison Legal News v. Cook, 238 F.3d 1145 (9th Cir. 2001). Prisoners and the publisher of a nonprofit newsletter brought a [ss] 1983 action against corrections officials, challenging a corrections department policy that prohibited prisoners from receiving standard rate mail (also known as bulk mail), including subscriptions to non-profit organizational mail. The district court entered summary judgment for the officials and the plaintiffs appealed. The appeals court reversed and remanded, finding that the ban on the receipt of subscription non-profit organization A non-profit organization (abbreviated "NPO", also "non-profit" or "not-for-profit") is a legally constituted organization whose primary objective is to support or to actively engage in activities of public or private interest without any commercial or monetary profit purposes. mail implicated im·pli·cate tr.v. im·pli·cat·ed, im·pli·cat·ing, im·pli·cates 1. To involve or connect intimately or incriminatingly: evidence that implicates others in the plot. 2. the First Amendment interests of both inmates and publishers. The court held that the ban was not rationally related to the department's asserted penological pe·nol·o·gy also poe·nol·o·gy n. The study, theory, and practice of prison management and criminal rehabilitation. [Latin poena, penalty (from Greek interests in preventing the receipt of contraband contraband, in international law, goods necessary or useful in the prosecution of war that a belligerent may lawfully seize from a neutral who is attempting to deliver them to the enemy. , reducing fire hazards fire hazard fire n that's a fire hazard → das ist feuergefährlich fire hazard n that's a fire hazard → comporta rischi in caso d'incendio , increasing the efficiency of random cell inspections, and enhancing prison security. The appeals court found that subscription non-profit organization mail was entitled to procedural protections under the due process clause. The court noted that the speech at issue was a core protected speech, not commercial speech or speech that was objectionable on security or other grounds. (Oregon Department of Corrections) |
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