Krug v. Lutz.

• Position: FREE SPEECH, EXPRESSION, ASSOCIATION - Brief Article

U.S. Appeals Court

OBSCENITY

PUBLICATIONS

Krug v. Lutz, 329 F.3d 692 (9th Cir. 2003). A state prison inmate brought a [section] 1983 action against corrections officials, alleging a procedural due process violation in connection with the review of decisions that excluded incoming publications as obscene. The district court found that the officials enjoyed qualified immunity, but granted injunctive relief for the inmate. The district court ordered a review by a different decision-maker when a publication was excluded, if the exclusion was challenged. The officials and inmate appealed. The appeals court affirmed. The appeals court held that the inmate had a...