Regulations promulgated by the Federal Bureau of Prisons broadly permit federal prisoners to receive publications from the "outside," but authorize prison officials to reject incoming publications found to be detrimental to institutional security.
After a 10-day bench trial, the District Court refrained from adopting the Martinez standard. Instead, it favored an approach more deferential to the judgment of prison authorities and upheld the regulations without addressing the propriety of the 46 specific exclusions. App. to Pet. for Cert. 26a, 43a-47a. The Court of Appeals, on the other hand, utilized the Martinez standard, found the regulations wanting,
Petitioners, officials of the Department of Justice and the Bureau of Prisons, sought certiorari. We granted the writ in order to determine the appropriate standard of review. Meese v. Abbott, 485 U.S. 1020 (1988).
We now hold that the District Court correctly anticipated that the proper inquiry in this case is whether the regulations are "reasonably related to legitimate penological interests," Turner v. Safley, 482 U.S. 78, 89 (1987), and we conclude that under this standard the regulations are facially valid. We therefore disagree with the Court of Appeals on the issue of facial validity, but we agree with that court's remand of the case to the District Court for a determination of the validity of the regulations as applied to each of the 46 publications.
We are concerned primarily with the regulations set forth at 28 CFR §§ 540.70 and 540.71 (1988), first promulgated in 1979.
There is little doubt that the kind of censorship just described would raise grave First Amendment concerns outside the prison context. It is equally certain that "[p]rison walls do not form a barrier separating prison inmates from the protections of the Constitution," Turner v. Safley, 482 U. S., at 84, nor do they bar free citizens from exercising their own constitutional rights by reaching out to those on the "inside," id., at 94-99; Bell v. Wolfish, 441 U.S. 520 (1979); Jones v. North Carolina Prisoners' Labor Union, Inc., 433 U.S. 119 (1977); Pell v. Procunier, 417 U.S. 817 (1974). We have recognized, however, that these rights must be exercised with due regard for the "inordinately difficult undertaking" that is modern prison administration. Turner v. Safley, 482 U. S., at 85.
In particular, we have been sensitive to the delicate balance that prison administrators must strike between the order and security of the internal prison environment and the legitimate demands of those on the "outside" who seek to enter that environment, in person or through the written word. Many categories of noninmates seek access to prisons. Access is essential to lawyers and legal assistants representing prisoner clients, see Procunier v. Martinez, 416 U.S. 396 (1974), to journalists seeking information about prison conditions, see Pell v. Procunier, supra, and to families and friends of prisoners who seek to sustain relationships with them, see Procunier v. Martinez, supra. All these claims to prison access undoubtedly are legitimate; yet prison officials may well conclude that certain proposed interactions, though seemingly innocuous to laymen, have potentially significant implications for the order and security of the prison. Acknowledging the expertise of these officials and that the judiciary is "ill equipped" to deal with the difficult
In this case, there is no question that publishers who wish to communicate with those who, through subscription, willingly seek their point of view have a legitimate First Amendment interest in access to prisoners. The question here, as it has been in our previous First Amendment cases in this area, is what standard of review this Court should apply to prison regulations limiting that access.
Martinez was our first significant decision regarding First Amendment rights in the prison context. There, the Court struck down California regulations concerning personal correspondence between inmates and noninmates, regulations that provided for censorship of letters that "unduly complain," "magnify grievances," or "expres[s] inflammatory political, racial, religious or other views or beliefs." Id., at 399. We reviewed these regulations under the following standard:
The Court's subsequent decisions regarding First Amendment rights in the prison context, however, laid down a different standard of review from that articulated in Martinez. As recently explained in Turner, these later decisions, which we characterized as involving "prisoners' rights," adopted a standard of review that focuses on the reasonableness of prison regulations: the relevant inquiry is whether the actions of prison officials were "reasonably related to legitimate penological interests." 482 U. S., at 89. The Court ruled that "such a standard is necessary if `prison administrators. . . , and not the courts, [are] to make the difficult judgments concerning institutional operations.' " Ibid., quoting Jones v. North Carolina Prisoners' Labor Union, Inc., 433 U. S., at 128. The Court set forth in Turner the development of this reasonableness standard in the respective decisions in Pell and Jones and in Block v. Rutherford, 468 U.S. 576 (1984), and we need not repeat that discussion here.
The Court's decision to apply a reasonableness standard in these cases rather than Martinez' less deferential approach stemmed from its concern that language in Martinez might be too readily understood as establishing a standard of "strict" or "heightened" scrutiny, and that such a strict
We do not believe that Martinez should, or need, be read as subjecting the decisions of prison officials to a strict "least restrictive means" test. As noted, Martinez required no more than that a challenged regulation be "generally necessary" to a legitimate governmental interest. 416 U. S., at 414. Certainly, Martinez required a close fit between the challenged regulation and the interest it purported to serve. But a careful reading of Martinez suggests that our rejection of the regulation at issue resulted not from a least restrictive means requirement, but from our recognition that the regulated activity centrally at issue in that case — outgoing personal correspondence from prisoners — did not, by its very nature, pose a serious threat to prison order and security.
In light of these considerations, it is understandable that the Court in Martinez concluded that the regulations there at issue swept too broadly. Where, as in Martinez, the nature of the asserted governmental interest is such as to require a lesser degree of case-by-case discretion, a closer fit between the regulation and the purpose it serves may safely be required. Categorically different considerations — considerations far more typical of the problems of prison administration — apply to the case presently before this Court.
We deal here with incoming publications, material requested by an individual inmate but targeted to a general audience. Once in the prison, material of this kind reasonably may be expected to circulate among prisoners, with the concomitant potential for coordinated disruptive conduct. Furthermore, prisoners may observe particular material in the possession of a fellow prisoner, draw inferences about their fellow's beliefs, sexual orientation, or gang affiliations from that material, and cause disorder by acting accordingly.
In Turner, we dealt with incoming personal correspondence from prisoners; the impact of the correspondence on the internal environment of the prison was of great concern. There, we recognized that Martinez was too readily understood as failing to afford prison officials sufficient discretion to protect prison security. In light of these same concerns, we now hold that regulations affecting the sending of a "publication" (see the regulations' specific definition of this word, n. 4, supra) to a prisoner must be analyzed under the Turner reasonableness standard. Such regulations are "valid if [they are] reasonably related to legitimate penological interests." Turner, 482 U. S., at 89.
Furthermore, we acknowledge today that the logic of our analyses in Martinez and Turner requires that Martinez be limited to regulations concerning outgoing correspondence. As we have observed, outgoing correspondence was the central focus of our opinion in Martinez. The implications of outgoing correspondence for prison security are of a categorically lesser magnitude than the implications of incoming materials. Any attempt to justify a similar categorical distinction between incoming correspondence from prisoners (to which we applied a reasonableness standard in Turner) and incoming correspondence from nonprisoners would likely prove futile, and we do not invite it. To the extent that Martinez itself suggests such a distinction, we today overrule
In so doing, we recognize that it might have been possible to apply a reasonableness standard to all incoming materials without overruling Martinez: we instead could have made clear that Martinez does not uniformly require the application of a "least restrictive alternative" analysis. We choose not to go that route, however, for we prefer the express flexibility of the Turner reasonableness standard. We adopt the Turner standard in this case with confidence that, as petitioners here have asserted, "a reasonableness standard is not toothless." Pet. for Cert. 17, n. 10.
The Court in Turner identified several factors that are relevant to, and that serve to channel, the reasonableness inquiry.
The first Turner factor is multifold: we must determine whether the governmental objective underlying the regulations at issue is legitimate and neutral, and that the regulations are rationally related to that objective. We agree with the District Court that this requirement has been met.
As to neutrality, "[w]e have found it important to inquire whether prison regulations restricting inmates' First Amendment rights operated in a neutral fashion, without regard to the content of the expression." Turner, 482 U. S., at 90. The ban on all correspondence between certain classes of inmates at issue in Turner clearly met this "neutrality" criterion, as did the restrictions at issue in Pell and Wolfish. The issue, however, in this case is closer.
On their face, the regulations distinguish between rejection of a publication "solely because its content is religious, philosophical, political, social or sexual, or because its content is unpopular or repugnant" (prohibited) and rejection because the publication is detrimental to security (permitted). 28 CFR § 540.71(b)(1988). Both determinations turn, to some extent, on content. But the Court's reference to "neutrality" in Turner was intended to go no further than its requirement in Martinez that "the regulation or practice in question must further an important or substantial governmental interest unrelated to the suppression of expression." 416 U. S., at 413.
We also conclude that the broad discretion accorded prison wardens by the regulations here at issue is rationally related to security interests. We reach this conclusion for two reasons. The first has to do with the kind of security risk presented by incoming publications. This has been explored above in Part III. The District Court properly found that publications can present a security threat, and that a more closely tailored standard "could result in admission of publications which, even if they did not lead directly to violence, would exacerbate tensions and lead indirectly to disorder." App. to Pet. for Cert. 32a. Where the regulations at issue concern the entry of materials into the prison, we agree with the District Court that a regulation which gives prison authorities broad discretion is appropriate.
Second, we are comforted by the individualized nature of the determinations required by the regulation. Under the regulations, no publication may be excluded unless the warden himself makes the determination that it is "detrimental to the security, good order, or discipline of the institution or. . . might facilitate criminal activity." 28 CFR §§ 540.70(b), 540.71(b) (1988). This is the controlling standard. A publication which fits within one of the "criteria" for exclusion may be rejected, but only if it is determined to meet that standard under the conditions prevailing at the institution
A second factor the Court in Turner held to be "relevant in determining the reasonableness of a prison restriction . . . is whether there are alternative means of exercising the right that remain open to prison inmates." 482 U. S., at 90. As has already been made clear in Turner and O'Lone, "the right" in question must be viewed sensibly and expansively. The Court in Turner did not require that prisoners be afforded other means of communicating with inmates at other institutions, 482 U. S., at 92, nor did it in O'Lone require that there be alternative means of attending the Jumu'ah religious ceremony, 482 U. S., at 351. Rather, it held in Turner that
The third factor to be addressed under the Turner analysis is the impact that accommodation of the asserted constitutional right will have on others (guards and inmates) in the prison. 482 U. S., at 90. Here, the class of publications to be excluded is limited to those found potentially detrimental to order and security; the likelihood that such material will circulate within the prison raises the prospect of precisely the kind of "ripple effect" with which the Court in Turner was concerned. Where, as here, the right in question "can be exercised only at the cost of significantly less liberty and safety for everyone else, guards and other prisoners alike," id., at 92, the courts should defer to the "informed discretion of corrections officials," id., at 90.
Finally, Turner held: "[T]he existence of obvious, easy alternatives may be evidence that the regulation is not reasonable, but is an `exaggerated response' to prison concerns. . . . But if an inmate claimant can point to an alternative that fully accommodates the prisoner's rights at de minimis cost to valid penological interests, a court may consider that as evidence that the regulation does not satisfy the reasonable relationship standard." 482 U. S., at 90-91. We agree with the District Court that these regulations, on their face, are not an "exaggerated response" to the problem at hand: no obvious, easy alternative has been established.
Regarding the all-or-nothing rule, we analyze respondents' proposed alternatives to that rule as alternative means of accommodating respondents' asserted rights. The District Court discussed the evidence and found, on the basis of testimony in the record, that petitioners' fear that tearing out the
As we here do not apply the Martinez standard, we reject the Court of Appeals' sole ground for questioning the District Court's findings in this respect. In our view, when prison officials are able to demonstrate that they have rejected a less restrictive alternative because of reasonably founded fears that it will lead to greater harm, they succeed in demonstrating that the alternative they in fact selected was not an "exaggerated response" under Turner. Furthermore, the administrative inconvenience of this proposed alternative is also a factor to be considered and adds additional support to the District Court's conclusion that petitioners were not obligated to adopt it. See Wolfish, 441 U. S., at 549.
In sum, we hold that Turner's reasonableness standard is to be applied to the regulations at issue in this case, and that those regulations are facially valid under that standard. We agree with the remand for an examination of the validity of the regulations as applied to any of the 46 publications introduced at trial as to which there remains a live controversy. See 263 U. S. App. D. C., at 196, 824 F. 2d, at 1176.
The judgment of the Court of Appeals is vacated, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
An article in Labyrinth, a magazine published by the Committee for Prisoner Humanity & Justice, began as follows:
Yet Labyrinth's efforts to disseminate the article to its subscribers at Marion Federal Penitentiary met Government resistance. Marion officials, acting within Federal Bureau of Prisons (Bureau) regulations,
This Court first addressed the First Amendment in the prison context in Procunier v. Martinez, 416 U.S. 396 (1974). Prior lower court treatments had varied: some courts had maintained "a hands-off posture," while others had required "demonstration of a `compelling state interest' to justify censorship of prisoner mail." Id., at 406. With characteristic wisdom Justice Powell, in his opinion for the Court, rejected both extremes. The difficulties of prison administration, he perceived, make the strict scrutiny that the First Amendment demands in other contexts inappropriate.
In the 15 years since Martinez was decided, lower courts routinely have applied its standard to review limitations not only on correspondence between inmates and private citizens,
This peculiar bifurcation of the constitutional standard governing communications between inmates and outsiders is unjustified. The decision in Martinez was based on a distinction between prisoners' constitutional rights and the protection the First Amendment affords those who are not prisoners — not between nonprisoners who are senders and those who are receivers. As Justice Powell explained:
The Court today abandons Martinez's fundamental premise. In my opinion its suggestion that three later opinions applying reasonableness standards warrant this departure, see ante, at 410, n. 9, is disingenuous. Those cases did involve communications between inmates and outsiders; however, as I shall demonstrate, their legal and factual foundations differed critically from those in Martinez or in this case.
In Pell v. Procunier, 417 U.S. 817 (1974), inmates and reporters challenged regulations prohibiting face-to-face media interviews with specific prisoners. Id., at 819. The infringement on prisoners' rights, the Court held, was reasonable because prisoners could write letters to the media — a means of communication less disruptive than the physical entry of reporters into the prison. Id., at 824. The reporters' assertion of a special right of access could not prevail, the Court explained, because the First Amendment does not give the media greater access to public events or institutions — including prisons — than it gives ordinary citizens.
Inmates in Jones v. North Carolina Prisoners' Labor Union, Inc., 433 U.S. 119 (1977), had maintained that First
In the third case, Bell v. Wolfish, 441 U.S. 520 (1979), the Court upheld a regulation that allowed only publishers, bookstores, and book clubs to mail hardbound books to pretrial detainees. Hardbacks might serve as containers for contraband, jail administrators argued. Since the risk of improper use by publishers and similar sources was low, the jail delivered books from them but not from other outsiders. Id., at 549. The Court found this explanation acceptable and held that the rule did not violate the detainees' First Amendment rights. Id., at 550. Although the Court did not expressly address the rights of nonprisoners, the fact that softcover publications were delivered without restriction, see id., at 552, minimized the abridgment of outsiders' rights. The approval in Wolfish of greater protection for publishers than for individual citizens reinforces Martinez's view that the First Amendment rights of nonprisoners must be carefully weighed and undermines the Court's approach today.
Most recently, Turner v. Safley, 482 U.S. 78 (1987), confirmed the vitality of Martinez for evaluating encroachments on the First Amendment rights of nonprisoners. The Court relied on the three interim "prisoners' rights" cases to establish a reasonableness standard for reviewing inmate-to-inmate correspondence. Id., at 89. But in its unanimous invalidation of a restriction on inmate marriages, the Court acknowledged that "because the regulation may entail a `consequential
The Turner opinion cited and quoted from Martinez more than 20 times; not once did it disapprove Martinez's holding, its standard, or its recognition of a special interest in protecting the First Amendment rights of those who are not prisoners. Notwithstanding, today the Court abandons the premise on which Martinez was grounded. This casual discarding of " `the secure foundation' " of considered precedent ill serves the orderly development of the law. See Runyon v. McCrary, 427 U.S. 160, 190-191 (1976) (STEVENS, J., concurring) (quoting B. Cardozo, The Nature of the Judicial Process 149 (1921)).
In lieu of Martinez's rationale, which properly takes into consideration the effects that prison regulations have on the First Amendment rights of nonprisoners, the Court applies a manipulable "reasonableness" standard to a set of regulations that too easily may be interpreted to authorize arbitrary rejections of literature addressed to inmates. As I pointed out in my partial dissent in Turner, an
To be sure, courts must give prison administrators some berth to combat the "Herculean obstacles" blocking their efforts to maintain security and prevent escapes or other criminal conduct, see Martinez, 416 U. S., at 404, and I do not object to those regulations clearly targeted at such interests.
Despite this vagueness, the Court accepts petitioners' assertion that they need "broad discretion" to prevent internal disorder, and thus holds that all the regulations are facially valid. See ante, at 416. This premature leap of faith creates a presumption that rejections pursuant to these regulations are "reasonable" — a presumption that makes likely far less judicial protection of publishers' rights than I believe the First Amendment requires. As was JUSTICE BLACKMUN in
The feeble protection provided by a "reasonableness" standard applied within the framework of these regulations is apparent in this record.
If a prison official deems part of a publication's content — even just one page of a book — to present an intolerable security risk, the Bureau's regulations authorize the official to return the entire issue to the publisher. See 28 CFR § 540.71(e) (1988). In their challenge to this all-or-nothing rule, respondents argue that First Amendment interests easily could be accommodated if administrators omitted the objectionable material and forwarded the rest of the publication to the inmate. The District Court, however, found that "defendants' fears" that "such censorship would create more discontent than the current practice" were "reasonably founded." App. to Pet. for Cert. 34a. To the contrary, the Court of Appeals applied the Martinez standard and held that "rejection of the balance is not `generally necessary' to protect the legitimate governmental interest involved in the portion properly rejected." 263 U. S. App. D. C., at 193-194, 824 F. 2d, at 1173-1174.
In this Court petitioners argue that on remand the Court of Appeals should conduct "a detailed analysis of the evidence in this case" to determine if the all-or-nothing rule is "reasonable." Brief for Petitioners 31. "The validity of that policy," they continue, "will depend, among other things, on the security and administrative justifications for that policy, the availability of alternative courses of action, and the costs and risks associated with employing those alternatives." Ibid. It is remarkable that after 16 years of litigation petitioners have failed to develop an argument that tells us anything about the assumed security or administrative justification for this rule. Even more remarkable is the Court's conclusion that since it does not apply the Martinez standard, it need not examine the appropriateness of the District Court's finding
There is no evidence that delivery of only part of a publication would endanger prison security.
For these reasons, I would affirm the judgment of the Court of Appeals.
". . . Publications which may be rejected by a Warden include but are not limited to publications which meet one of the following criteria:
"(1) It depicts or describes procedures for the construction or use of weapons, ammunition, bombs or incendiary devices;
"(2) It depicts, encourages, or describes methods of escape from correctional facilities, or contains blueprints, drawings or similar descriptions of Bureau of Prisons institutions;
"(3) It depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs;
"(4) It is written in code;
"(5) It depicts, describes or encourages activities which may lead to the use of physical violence or group disruption;
"(6) It encourages or instructs in the commission of criminal activity;
"(7) It is sexually explicit material which by its nature or content poses a threat to the security, good order, or discipline of the institution, or facilitates criminal activity."
"(1) Homosexual (of the same sex as the institution population).
"(4) Involving children."
Material in categories (1), (2), and (3) may be admitted if the warden determines it "not to pose a threat at the local institution." ¶ (b)(1). Explicit heterosexual material ordinarily will be admitted. ¶ (b)(2). Other explicit material may be admitted if it has scholarly, or general social or literary, value. ¶ (b)(5). Homosexual material that is not sexually explicit is to be admitted; this includes a publication covering the activities of gay-rights groups or gay religious groups, ¶ (b)(3), and literary publications with homosexual themes or references, ¶ (b)(4). See 263 U. S. App. D. C., at 197, 824 F. 2d, at 1177.
Pell involved the right of representatives of the news media to conduct interviews in the prisons in order to inform the public about prison conditions. The asserted right at issue in Jones was the right of a prisoners' union to send its literature into the prison. In Wolfish, publishers sought to send hardback books into the prison. In all these cases, regulations worked a "consequential restriction on the . . . rights of those who are not prisoners." Martinez, 416 U. S., at 409. But the Court in Turner observed: "In none of these . . . cases did the Court apply a standard of heightened scrutiny, but instead inquired whether a prison regulation that burdens fundamental rights is `reasonably related' to legitimate penological objectives, or whether it represents an `exaggerated response' to those concerns." 482 U. S., at 87.
Respondents have argued that the record does not support the conclusion that exclusions are in fact based on particular events or conditions at a particular prison; they contend that variability in enforcement of the regulations stems solely from the censors' subjective views. Brief for Respondents 43-44, n. 37. These contentions go to the adequacy of the regulations as applied, and will be considered on remand.
"[S]peech concerning public affairs is more than self-expression; it is the essence of self-government. The First and Fourteenth Amendments embody our `profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.' " Garrison v. Louisiana, 379 U.S. 64, 74-75 (1964) (quoting New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964)).
See also Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 50-51 (1988); Thornhill v. Alabama, 310 U.S. 88, 101-102 (1940).
"(1) It depicts or describes procedures for the construction or use of weapons, ammunition, bombs or incendiary devices;
"(2) It . . . contains blueprints, drawings or similar descriptions of Bureau of Prisons institutions;
"(3) It depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs; [or]
"(4) It is written in code. . . ." 28 CFR § 540.71(b) (1988).
"A. I have a standard.
"Q. What is that if you can explain it?
"A. Okay. Sex is a standard. Radical is a standard. I will go out on a limb and say Communism and fascism is a standard I would use. It is more of a political-sexual type standard I personally use. I have not been told.
"Q. You have not been told to use it?
"Q. How did you happen to get it?
"A. By looking at what I see as being excluded, those publications are generally of a sexual political nature. Therefore, I believe that that is the questionable area and they are the ones that I refer." App. 97-98.
"The plaintiffs offered evidence that a less restrictive policy, at no cost to security, would be to tear out the rejected portions and admit the rest of the publication. But the defendants contend that such censorship would create more discontent than the current practice, and one of the plaintiffs' witnesses agreed." App. to Pet. for Cert. 34a.
The District Court's footnote cites to the following trial testimony by a witness whom respondents offered as an expert in the field of corrections:
"Q Are you familiar with the policy of the Bureau of Prisons concerning what we call the all-or-nothing rule?
"A As I understand it, if a publication is approved for admission, it may be approved in toto. If it has material in it which is considered offensive[,] it will be entirely excluded regardless of the condition or the tenor of the other items in the publication.
"Q And is there a security justification, in your opinion, for not giving the prisoner the —
"A I can sympathize with the Bureau about any publication which does have material which I would like to exclude. Take, for example, a publication that gave an explicit design of how to produce a Molotov cocktail. I would not like to admit that particular publication into the institution. However, I don't like the idea of just cutting out the offending part of that publication and letting that in. I think that's the compromise which one might make. I don't like it, but I suppose that's the best of the bad solutions which are available.
"Q Do you see any security risk in cutting out the offending portion and giving the unoffending portion to the inmate?
"A If pushed to the wall, I guess I would do that, but as I said earlier in my deposition and as I say now, I don't like that. It smacks of what goes on in fascist countries and is not a very attractive solution to me, but I don't see any way out of it.
"I'd rather do that than exclude the publication entirely just on the basis of one offending passage." Tr. 392-393.
Although this testimony manifests the expert witness' discontent with censoring parts of publications, it offers no support for petitioners' argument that inmate discontent with the practice would threaten prison security. Indeed petitioners themselves proffered few pieces of supporting evidence, among them this deposition testimony by an official at the Marion Federal Penitentiary:
"Q. It wouldn't present a security threat, would it, to cut out the page?
"A. No, it would not prevent [sic] a security threat to cut out the page if there was nothing else in there.
"Q. And is it then just a question of administrative convenience to the institution? It is easier not to bother with cutting out different pieces, is that right?
"A. Well, I think in dealing with the kind of individual that we deal with here or in any institution, if you start cutting up the magazines, you are going to leave yourself open to all kinds of criticism, remarks and other problems. So it is best to just return the entire publication to the source and then no other insinuations or remarks can be made concerning us and what we do to individual publications or any magazines that people receive." App. 100-101.
See also id., at 41, 68.
"[I]f the standard can be satisfied by nothing more than a `logical connection' between the regulation and any legitimate penological concern perceived by a cautious warden, it is virtually meaningless. Application of the standard would seem to permit disregard for inmates' constitutional rights whenever the imagination of the warden produces a plausible security concern and a deferential trial court is able to discern a logical connection between that concern and the challenged regulation. Indeed, there is a logical connection between prison discipline and the use of bullwhips on prisoners; and security is logically furthered by a total ban on inmate communication, not only with other inmates but also with outsiders who conceivably might be interested in arranging an attack within the prison or an escape from it." 482 U. S., at 100-101 (concurring in part and dissenting in part) (citation omitted) (emphasis in original).