What is the current state of the law on whether a prisoner in a maximum security prison has a First Amendment right to receive mail?
MultiRegion, United States of America
The following excerpt is from Cato v. Dir. of Corr., Case No. 1:12-cv-01331-LJO-MJS (PC) (E.D. Cal. 2015):
Prisoners have "a First Amendment right to send and receive mail." Witherow v. Paff, 52 F.3d 264, 265 (9th Cir. 1995) (per curiam). However, there must be a "delicate
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balance" between prisoners' First Amendment rights and the discretion given to prison administrators to govern the order and security of the prison. Thornburgh v. Abbott, 490 U.S. 401, 407-408 (1989).
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