The following excerpt is from Jackson v. Austin, No. 2:14-cv-0592KJMKJNP (E.D. Cal. 2014):
However, in the prison context, not all speech is protected speech, and a prisoner does not have the same First Amendment rights as a non-prisoner. See Bell v. Wolfish, 441 U.S. 520, 545 (1979). "[A] prison inmate retains those First Amendment rights that are not inconsistent with his
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status as a prisoner or with the legitimate penological objectives of the corrections system." Pell v. Procunier, 417 U.S. 817, 822 (1974). A prisoner's First Amendment claim "must be analyzed in terms of the legitimate policies and goals of the corrections system. . . ." Id.
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