U.S. Appeals Court: CONFISCATION PACKAGES REJECTING MAIL.

Frost v. Symington, 197 F.3d 348 (9th Cir. 1999). An inmate brought a suit seeking damages from Arizona Department of Corrections officials who allegedly withheld issues of pornographic magazines and returned without authorization music CDs he had ordered. The district court granted summary judgment for the officials and the inmate appealed. The appeals court affirmed in part, reversed in part, and remanded. The appeals court held that the inmate had a Fourteenth Amendment due process liberty interest in receiving notice that his incoming mall was being withheld by prison authorities. But the appeals court held that the prison regulation that banned sex-based publications depicting penetration did not violate the inmate's First Amendment rights. The court found that there was a...

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