California, United States of America
The following excerpt is from Arias, In re, 230 Cal.Rptr. 505, 42 Cal.3d 667, 725 P.2d 664 (Cal. 1986):
The lead case adopting the "necessity" test is Teterud v. Burns, supra, 522 F.2d 357. Teterud requires courts to be "as vigilant in protecting a prisoner's constitutional rights as we are in protecting the constitutional rights of a person not confined." (Id., at p. 359.) Accordingly, "a regulation which is more restrictive than necessary to meet ... institutional objectives or which does not serve the objectives advanced will be struck down." (Ibid.)
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