Cook

Prison Legal News (“Publisher”), publisher of a non-profit newsletter, and prisoners Michael Tucker, Mark Wilson and Hung Le (“Prisoners”) appeal the district court’s grant of summary judgment on their 42 U.S.C. § 1983 claims in favor of defendant officials (“Officials”) of the Oregon Department of Corrections (“the Department”). We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand.

I

This case concerns the constitutionality of the Department’s policy of prohibiting the receipt of standard rate mail, as applied to subscription non-profit organization mail. The following facts are undisputed.

Since 1988, the Department has prohibited the receipt of bulk mail into Oregon prisons under the rationales that bulk mail is voluminous and generally of httle value to prisoners; substantial staff is required to sort, inspect and distribute bulk mail; bulk mail poses security concerns; and bulk mail increases fire hazards. The Department regulation at issue prohibits all incoming mail except “express mail, priority mail, first class mail or periodicals mail.” Or. Admin. R. 291 -131-0025(8) (1998). 1 Oregon has the only prison sys *1147 tem in the country that refuses to…