Prison Legal News v. Washington State Department of Corrections

MEMORANDUM **

Prison Legal News (“PLN”) appeals from the district court’s grant of summary judgment. The facts and prior proceedings are known to the parties, and are restated herein only as necessary.

The district court correctly applied the four-factor test set forth in Turner v. Safley, 482 U.S. 78 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987). PLN failed to rebut the common sense connection, which it concedes exists, between widespread dissemination of Vogel’s article and the danger of retaliation towards the named officers. See *620 Frost v. Symington, 197 F.3d 348 , 357 (9th Cir.1999).

While lower level officials offered illegitimate reasons why the article was prohibited from entering the prison, it was banned pursuant to Vail’s state-wide order, the reasoning of which has been consistent. Moreover, even if similar articles were let in without disruption, Vail’s legitimate concern that the article may fuel a dangerous situation is not undermined. Vail is concerned about the effect wide-spread dissemination would have on prison security and its effect on inmates who are less stable. Such a concern is not illegitimate. See Thornburgh v. Abbott, 490 U.S. 401, 414 , 109 S.Ct. 1874…