Morrison

This case requires us to consider the constitutionality of various mail regulations at the Oregon State Penitentiary (“OSP”) where the plaintiff, Patrick Hugh Morrison (“Morrison”), is incarcerated. Morrison argues that two sections of the OSP mail regulations unconstitutionally burden his First Amendment rights: (1) Oregon Administrative Rule (“OAR”) 291-131-025(6), which prohibits prisoners from receiving bulk rate, third, and fourth class mail; and (2) OAR 291-131-025(1), which states that “[i]ncoming mail will bear a return address on the front of the envelope and must be addressed to the inmate using his/her committed name and [prison identification or] SID number or as he/she can be identified as shown on the records of the Department of Corrections.”

On a motion by the defendants for summary judgment, the district court found that “the mail regulations challenged by [Morrison] are constitutionally appropriate.” We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we disagree in part with the district court’s conclusion. Specifically, we find that OAR 291-131-025(6), which prohibits inmates from receiving bulk rate, third, and fourth class mail, is unconstitutional as…