U.S. appeals court: internet mail.

• Position: Free Speech, Expression, Assoc. - Brief Article

Clement v. California Dept. of Corrections, 364 F.3d 1148 (9th Cir. 2004). A state inmate brought a [section] 1983 action, alleging that a regulation prohibiting inmates from receiving mail that contained material downloaded from the Internet violated his First Amendment rights. The district court granted summary judgment for the inmate and issued a permanent, statewide injunction against enforcement of the Internet mail policy. The state corrections department appealed, and the appeals court affirmed. The appeals court held that the regulation violated the First Amendment and that a statewide injunction was appropriate. The court found that the regulation was an arbitrary way to achieve a reduction in the volume of mail, and that the corrections department did not support its assertion that coded messages were more likely to be inserted into...