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RATHBURN v. CUPP

548 P.2d 991 (1976)

Dennis W. RATHBURN, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, and Steve Hokonson, Staff, Oregon State Penitentiary, Respondents.

Court of Appeals of Oregon.

Decided April 19, 1976.

Attorney(s) appearing for the Case

Bruce H. Grim, Salem, filed the brief for appellant. With him on the brief were Douglas, Grim, Fender & Carson, P.C., Salem.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Catherine Allan, Asst. Atty. Gen., Salem, filed the brief for respondents.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

FOLEY, Judge.

Plaintiff,1 an inmate at the Oregon State Penitentiary (OSP), appeals from a circuit court order denying him habeas corpus relief. The sole issue on appeal is whether defendant OSP has violated plaintiff's freedom of speech under the First Amendment to the United States Constitution by refusing to incur the expense of sending his correspondence by certified mail.

The general policy at OSP allows an inmate to send...

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