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GOODWIN v. OSWALD

No. 776, Docket 72-1307.

462 F.2d 1237 (1972)

Richard GOODWIN et al., Plaintiffs-Appellees, v. Russell G. OSWALD, Commissioner of Correctional Services of the State of New York, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 19, 1972.

Attorney(s) appearing for the Case

Judith A. Gordon, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendants-appellants.

Barbara A. Shapiro, New York City (William E. Hellerstein, The Legal Aid Society, Richard A. Greenberg, New York City, of counsel), for plaintiffs-appellees.

Jack Greenberg and Stanley A. Bass, New York City, on the brief for NAACP Legal Defense and Educational Fund, Inc., and National Office for the Rights of the Indigent as amici curiae.

Before FRIENDLY, Chief Judge, and SMITH and OAKES, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This appeal raises interesting and difficult questions concerning the balance to be struck between prisoners' sixth and fourteenth amendment rights and the need to allow prison officials discretion to exclude communications they feel will endanger their institutions. The United States District Court for the Southern District of New York, Charles Tenney, Judge, granted a preliminary injunction to plaintiffs, prisoner-members of the Prisoners...

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