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BEARD v. BANKS

No. 04-1739.

548 U.S. 521 (2006)

BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS v. BANKS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED.

Supreme Court of United States.

Decided June 28, 2006.

Attorney(s) appearing for the Case

Louis J. Rovelli, Executive Deputy Attorney General of Pennsylvania, argued the cause for petitioner. With him on the briefs were Thomas W. Corbett, Jr., Attorney General, Calvin R. Koons and Kemal A. Mericli, Senior Deputy Attorneys General, and John G. Knorr III, Chief Deputy Attorney General.

Jonathan L. Marcus argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Garre, Sri Srinivasan, Barbara L. Herwig, and Edward Himmelfarb.

Jere Krakoff argued the cause for respondent. With him on the brief was Andrew Shubin.*

JUSTICE BREYER announced the judgment of the Court and delivered an opinion, in which THE CHIEF JUSTICE, JUSTICE KENNEDY, and JUSTICE SOUTER join.

We here consider whether a Pennsylvania prison policy that "denies newspapers, magazines, and photographs" to a group of specially dangerous and recalcitrant inmates "violate[s] the First Amendment." Brief for Petitioner i; see Turner v. Safley, 482...

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