thornburgh
abbott
argued
november
decided
may
federal
bureau
prisons
regulations
generally
permit
prisoners
receive
publications
outside
authorize
wardens
pursuant
specified
criteria
reject
incoming
publication
found
detrimental
security
good
order
discipline
institution
might
facilitate
criminal
activity
wardens
may
reject
publication
solely
content
religious
philosophical
political
social
sexual
unpopular
repugnant
establish
excluded
list
publications
must
review
issue
subscription
separately
respondents
class
inmates
certain
publishers
filed
suit
district
claiming
regulations
face
applied
specifically
excluded
publications
violated
first
amendment
rights
standard
set
forth
procunier
martinez
district
refrained
adopting
martinez
standard
favor
approach
deferential
judgment
prison
authorities
upheld
regulations
without
addressing
propriety
exclusions
appeals
however
utilized
martinez
standard
found
regulations
wanting
remanded
case
individualized
determination
constitutionality
exclusions
held
regulations
issue
affect
sending
publications
prisoners
must
analyzed
standard
set
forth
turner
safley
therefore
valid
reasonably
related
legitimate
penological
interests
prison
officials
due
considerable
deference
regulating
delicate
balance
prison
order
security
legitimate
demands
outsiders
seek
enter
prison
environment
less
deferential
standard
martinez
whereby
prison
regulations
authorizing
mail
censorship
must
generally
necessary
protect
one
legitimate
governmental
interests
limited
regulations
concerning
outgoing
personal
correspondence
prisoners
regulations
centrally
concerned
maintenance
prison
order
security
moreover
martinez
overruled
extent
might
support
drawing
categorical
distinction
incoming
correspondence
prisoners
turner
applied
reasonableness
standard
incoming
correspondence
nonprisoners
pp
regulations
issue
facially
valid
turner
standard
underlying
objective
protecting
prison
security
undoubtedly
legitimate
neutral
regard
content
expression
regulated
also
broad
discretion
regulations
accord
wardens
rationally
related
security
interests
furthermore
alternative
means
expression
remain
open
inmates
since
regulations
permit
broad
range
publications
sent
received
read
even
though
specific
publications
prohibited
moreover
respondents
established
alternative
regulations
accommodate
prisoners
constitutional
rights
de
minimis
cost
valid
penological
interests
pp
case
remanded
examination
validity
regulations
applied
publications
introduced
trial
remains
live
controversy
blackmun
delivered
opinion
rehnquist
white
scalia
kennedy
joined
stevens
filed
opinion
concurring
part
dissenting
part
brennan
marshall
joined
post
deputy
solicitor
general
bryson
argued
cause
petitioners
briefs
solicitor
general
fried
acting
assistant
attorney
general
dennis
robert
klonoff
andrew
levchuk
steven
ney
argued
cause
respondents
brief
edward
koren
alvin
bronstein
steven
shapiro
briefs
amici
curiae
urging
reversal
filed
state
florida
et
al
robert
butterworth
attorney
general
florida
jason
vail
assistant
attorney
general
robert
gates
deputy
attorney
general
idaho
state
missouri
et
al
william
webster
attorney
general
missouri
kelly
mescher
assistant
attorney
general
steve
clark
attorney
general
arkansas
james
jones
attorney
general
idaho
michael
cody
attorney
general
tennessee
briefs
amici
curiae
urging
affirmance
filed
association
american
publishers
et
al
bruce
rich
correctional
association
new
york
john
boston
william
rold
justice
blackmun
delivered
opinion
regulations
promulgated
federal
bureau
prisons
broadly
permit
federal
prisoners
receive
publications
outside
authorize
prison
officials
reject
incoming
publications
found
detrimental
institutional
security
years
respondents
class
inmates
certain
publishers
claimed
regulations
violate
first
amendment
rights
standard
review
enunciated
procunier
martinez
mount
facial
challenge
regulations
well
challenge
regulations
applied
specific
publications
excluded
bureau
bench
trial
district
refrained
adopting
martinez
standard
instead
favored
approach
deferential
judgment
prison
authorities
upheld
regulations
without
addressing
propriety
specific
exclusions
app
pet
cert
appeals
hand
utilized
martinez
standard
found
regulations
wanting
remanded
case
district
individualized
determination
constitutionality
exclusions
abbott
meese
app
petitioners
officials
department
justice
bureau
prisons
sought
certiorari
granted
writ
order
determine
appropriate
standard
review
meese
abbott
hold
district
correctly
anticipated
proper
inquiry
case
whether
regulations
reasonably
related
legitimate
penological
interests
turner
safley
conclude
standard
regulations
facially
valid
therefore
disagree
appeals
issue
facial
validity
agree
remand
case
district
determination
validity
regulations
applied
publications
ii
concerned
primarily
regulations
set
forth
cfr
first
promulgated
generally
permit
inmate
subscribe
receive
publication
without
prior
approval
authorize
warden
reject
publication
certain
circumstances
warden
may
reject
determined
detrimental
security
good
order
discipline
institution
might
facilitate
criminal
activity
warden
however
may
reject
publication
solely
content
religious
philosophical
political
social
sexual
content
unpopular
repugnant
ibid
regulations
contain
nonexhaustive
list
criteria
may
support
rejection
publication
warden
prohibited
establishing
excluded
list
publications
issue
subscription
publication
reviewed
separately
regulatory
criteria
rejecting
publications
supplemented
program
statement
provides
guidance
subject
sexually
explicit
material
regulations
provide
procedural
safeguards
recipient
sender
warden
may
designate
staff
screen
appropriate
approve
incoming
publications
warden
may
reject
publication
warden
must
advise
inmate
promptly
writing
reasons
rejection
must
provide
publisher
sender
copy
rejection
letter
notice
must
refer
specific
article
material
considered
objectionable
publisher
sender
may
obtain
independent
review
warden
rejection
decision
timely
writing
regional
director
bureau
inmate
may
appeal
bureau
administrative
remedy
procedure
see
warden
instructed
permit
inmate
review
rejected
material
purpose
filing
appeal
unless
review
may
provide
inmate
information
nature
deemed
pose
threat
detriment
security
good
order
discipline
institution
encourage
instruct
criminal
activity
iii
little
doubt
kind
censorship
described
raise
grave
first
amendment
concerns
outside
prison
context
equally
certain
rison
walls
form
barrier
separating
prison
inmates
protections
constitution
turner
safley
bar
free
citizens
exercising
constitutional
rights
reaching
inside
bell
wolfish
jones
north
carolina
prisoners
labor
union
pell
procunier
recognized
however
rights
must
exercised
due
regard
inordinately
difficult
undertaking
modern
prison
administration
turner
safley
particular
sensitive
delicate
balance
prison
administrators
must
strike
order
security
internal
prison
environment
legitimate
demands
outside
seek
enter
environment
person
written
word
many
categories
noninmates
seek
access
prisons
access
essential
lawyers
legal
assistants
representing
prisoner
clients
see
procunier
martinez
journalists
seeking
information
prison
conditions
see
pell
procunier
supra
families
friends
prisoners
seek
sustain
relationships
see
procunier
martinez
supra
claims
prison
access
undoubtedly
legitimate
yet
prison
officials
may
well
conclude
certain
proposed
interactions
though
seemingly
innocuous
laymen
potentially
significant
implications
order
security
prison
acknowledging
expertise
officials
judiciary
ill
equipped
deal
difficult
delicate
problems
prison
management
afforded
considerable
deference
determinations
prison
administrators
interest
security
regulate
relations
prisoners
outside
world
case
question
publishers
wish
communicate
subscription
willingly
seek
point
view
legitimate
first
amendment
interest
access
prisoners
question
previous
first
amendment
cases
area
standard
review
apply
prison
regulations
limiting
access
martinez
first
significant
decision
regarding
first
amendment
rights
prison
context
struck
california
regulations
concerning
personal
correspondence
inmates
noninmates
regulations
provided
censorship
letters
unduly
complain
magnify
grievances
expres
inflammatory
political
racial
religious
views
beliefs
reviewed
regulations
following
standard
first
regulation
practice
question
must
important
substantial
governmental
interest
unrelated
suppression
expression
prison
officials
must
show
regulation
authorizing
mail
censorship
furthers
one
substantial
governmental
interests
security
order
rehabilitation
second
limitation
first
amendment
freedoms
must
greater
necessary
essential
protection
particular
governmental
interest
involved
thus
restriction
inmate
correspondence
furthers
important
substantial
interest
penal
administration
nevertheless
invalid
sweep
unnecessarily
broad
latitude
anticipating
probable
consequences
allowing
certain
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prison
environment
essential
proper
discharge
administrator
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practice
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must
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reasonableness
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cases
rather
martinez
less
deferential
approach
stemmed
concern
language
martinez
might
readily
understood
establishing
standard
strict
heightened
scrutiny
strict
standard
simply
appropriate
consideration
regulations
centrally
concerned
maintenance
order
security
within
prisons
see
turner
safley
specifically
declined
apply
martinez
standard
prisoners
rights
cases
noted
turner
martinez
read
require
strict
least
restrictive
alternative
analysis
without
sufficient
sensitivity
need
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meeting
legitimate
prison
needs
expressed
concern
every
administrative
judgment
subject
possibility
somewhere
conclude
less
restrictive
way
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problem
hand
rejected
costs
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alternative
rule
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also
estate
shabazz
refusing
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work
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impact
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martinez
need
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subjecting
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prison
officials
strict
least
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means
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noted
martinez
required
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generally
necessary
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governmental
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certainly
martinez
required
close
fit
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regulation
interest
purported
serve
careful
reading
martinez
suggests
rejection
regulation
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resulted
least
restrictive
means
requirement
recognition
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activity
centrally
issue
case
outgoing
personal
correspondence
prisoners
nature
pose
serious
threat
prison
order
security
pointed
martinez
outgoing
correspondence
magnifies
grievances
contains
inflammatory
racial
views
reasonably
expected
present
danger
community
inside
prison
addition
implications
security
far
predictable
dangerous
outgoing
correspondence
likely
fall
within
readily
identifiable
categories
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noted
martinez
include
escape
plans
plans
relating
ongoing
criminal
activity
threats
blackmail
extortion
although
careful
martinez
limit
unduly
discretion
prison
officials
reject
even
outgoing
letters
concluded
regulations
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broader
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martinez
concluded
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nature
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problems
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administration
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case
presently
deal
incoming
publications
material
requested
individual
inmate
targeted
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audience
prison
material
kind
reasonably
may
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among
prisoners
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conduct
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prisoners
may
observe
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prisoners
law
robbins
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possession
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solicitor
general
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volatile
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martinez
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martinez
implications
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central
corrections
goals
pell
procunier
neutrality
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prison
regulations
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inmates
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amendment
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case
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facially
valid
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examination
validity
regulations
applied
publications
introduced
trial
remains
live
controversy
see
app
judgment
appeals
vacated
case
remanded
proceedings
consistent
opinion
ordered
footnotes
lawsuit
filed
prisoners
may
certified
following
year
class
action
three
publishers
prisoners
union
weekly
guardian
associates
revolutionary
socialist
league
added
party
plaintiffs
suit
also
challenged
several
prison
practices
largely
concerning
inmate
correspondence
issue
individual
claims
damages
severed
bench
trial
claims
injunctive
relief
took
place
memorandum
opinion
accompanying
order
issued
district
september
appeals
predicated
jurisdiction
ground
order
district
denied
respondents
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relief
abbott
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arranging
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concurring
part
dissenting
part
citation
omitted
emphasis
original