Waterman v. Commandant, U.S. Disciplinary Barracks.

PositionFREE SPEECH, EXPRESSION, ASSOC. - Brief Article

U.S. District Court

PUBLICATIONS

PUBLISHER-ONLY RULE

Waterman v. Commandant, U.S. Disciplinary Barracks, 337 F.Supp.2d 1237 (D.Kan. 2004). A military prisoner brought an action challenging the policy that allows mail room personnel to reject incoming mail that contains photocopies of publications or materials that do not come directly from a publisher or commercial vendor. The court upheld the policy, finding that it was rationally related to the goal of promoting prison security and therefore did not violate the prisoner's First Amendment free speech rights. But the court found that it was improper for the prison to reject a legal newsletter on the...

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