U.S. appeals court: bulk mail prohibitions-publications regulations.


Bahrampour v. Lampert, 356 F.3d 969 (9th Cir. 2004). A state prisoner sued prison officials under [section] 1983, challenging a prison regulation that prohibited prisoners from receiving certain types of publications. The district court granted summary judgment in favor of the prison officials and the prisoner appealed. The appeals court affirmed in part, vacated and remanded in part. The appeals court held that the state regulation that prohibited prisoners from receiving sexually explicit materials, and a regulation that prohibited the receipt of "role playing" materials, were related to legitimate penological interests and were not vague or overly broad. The regulations were found to be neutral because they targeted the effect of certain types of materials. The court found that a body-building magazine received by the prisoner contained prohibited sexually explicit material, including an advertisement for a video depicting "Painful Erotic Domination." According to the court, the role-playing prohibition was intended to prevent prisoners from placing themselves in fantasy roles that reduced...

To continue reading