COR856_4.2 - O bje c t 1 Freedom of Expression The First...

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Unformatted text preview: O bje c t 1 Freedom of Expression The First Amendment also implies a constitutional right to freedom of expression as interpreted through the freedom of speech clause. This may pose problems for prison administrators as well because some forms of expression (i.e. obscenity) have not been clearly defined by the Court. This section will briefly outline the issues related to free speech using mail regulations in prison as an illustration. Free Speech Turner v. Safley The line of cases that dictate the standard of review for free speech generally relate to inmate mail. Some of what will be discussed here was covered in the brief Standards of Review lecture, but will be contextualized better here due to the specific topic. Unfortunately, most of the case history in this area is plagued with uncertainty and inconsistency. This uncertainty is due to the Supreme Court's unwillingness to articulate a clear standard of review for these complaints, as well as the lower courts' confused application of those...
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COR856_4.2 - O bje c t 1 Freedom of Expression The First...

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