Barrett

Barrett v. Belleque

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 22, 200806-35667California412 words

Opinion

Opinion

facts in support of his claim which would entitle him to relief.” Id. (citation and internal quotation marks omitted).

[2] The standards for evaluation of a First Amendment claim concerning outgoing correspondence sent by a prisoner to an external recipient were established by the Supreme Court in Procunier v. Martinez, 416 U.S. 396 (1974), over- ruled on other grounds by Thornburgh v. Abbott, 490 U.S. 401, 413-14 (1989). Under these standards, censorship of prisoner mail is justified only if “the regulation or practice in question [ ] further[s] an important or substantial governmen- tal interest unrelated to the suppression of expression” and “the limitation of First Amendment freedoms [is] no greater than is necessary or essential to the protection of the particular governmental interest involved.” Id. at 413. Procunier is con- trolling law in the Ninth Circuit and elsewhere as applied to 1 We have jurisdiction pursuant to 28 U.S.C. § 1291. BARRETT v. BELLEQUE 13351 claims involving outgoing prisoner mail. Bradley v. Hall, 64 F.3d 1276, 1281 n.2 (9th Cir. 1995); Loggins v. Delo, 999 F.2d 364, 366 (8th Cir. 1993); Brooks v. Andolina, 826 F.2d 1266,…

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