Cline v. Fox.

• Position: Freedom of the press, obscenity - Brief Article

U.S. District Court

PUBLICATIONS

OBSCENITY

Cline v. Fox, 266 F.Supp.2d 489 (N.D.W.Va. 2003). A state inmate brought a [section] 1983 action alleging that state corrections officials violated his First and Fourteenth Amendment rights when they refused to allow the inmate to receive certain books, and when they purged allegedly obscene material from the prison library. The district court found in favor of the defendants. The court held that the inmate failed to exhaust administrative remedies regarding his library claim. The court found that the policy that prohibited inmate possession of obscene material was not unconstitutional, as applied to the inmate's possession of certain books. The court noted that the prohibition advanced an underlying...