Diaz

—The issue before us is the validity of current regulations promulgated by the California Department of Corrections (Department) on the publication of prison newspapers.

Appellants are Victor Diaz and Eric Martin, former inmates at the California Medical Facility at Vacaville (CMF) and editors of the Vacavalley Star (the Star); the Prisoners’ Union, an outside subscriber to the Star; and Debra Rice, a taxpayer. They brought a series of actions against the superintendent of CMF, the director of the Department, and others, culminating with this one seeking declaratory relief and a permanent injunction against enforcement of the regulations. On appeal from the order denying a preliminary injunction (Code Civ. Proc., § 904.1, subd. (f); 9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, § 98, p. 117), they contend that the regulations in question are inconsistent with the California Supreme Court’s decision in Bailey v. Loggins (1982) 32 Cal.3d 907 [ 187 Cal.Rptr. 575 , 654 P.2d 758 ] (hereafter Bailey), interpreting Penal Code section 2600, 1 the First Amendment of the *659 United States Constitution, Procunier v. Martinez (1974) 416 U.S. 396 [ 40 L.Ed.2d 224 , 94 S.Ct. 1800 ],…