Jacklovich v. Simmons.

• Position: FREE SPEECH, EXPRESSION, ASSOC.

U.S. Appeals Court

PUBLICATIONS

CENSORSHIP

Jacklovich v. Simmons, 392 F.3d 420 (10th Cir. 2004). State prison inmates and a nonprofit publisher of a prison legal newspaper brought a [section] 1983 First Amendment and due process action against state corrections officials, challenging a ban on the receipt of gift publications or subscriptions, a dollar limit on publication purchases, and a complete ban on some inmates' receipt of publications. The district court granted summary judgment in favor of the defendants and the plaintiffs appealed. The appeals court reversed. The court held that summary judgment was precluded by fact issues as to whether there was a valid and rational connection between the restrictions and the asserted legitimate government interests of security and behavior management. The court noted that expert testimony concluded that the limitations served no legitimate purpose, no behavioral justification was demonstrated for the complete ban for some inmates, no link was drawn between the dollar limit and the increased payment of restitution or other obligations, and a weak link was drawn between gift subscriptions and a "strong...