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PAYNE v. COMMONWEALTH DEPT. OF CORRECTIONS

871 A.2d 795 (2005)

John M. PAYNE; Paul Nolder; Frank Grazulis; Charles Lee; Richard Guy; All Others Similarly Situated v. COMMONWEALTH DEPARTMENT OF CORRECTIONS; Martin F. Horn, Secretary; Honorable Edward G. Rendell, Governor; Robert Bitner, Chief Hearing Examiner Appeal of John M. Payne, Paul Nolder, Charles Lee and Richard Guy. John M. Payne; Paul Nolder; Frank Grazulis; Charles Lee; Richard Guy; All Others Similarly Situated, Appellees v. Commonwealth Department of Corrections; Martin F. Horn, Secretary; Honorable Edward G. Rendell, Governor; Robert Bitner, Chief Hearing Examiner, Appellant.

Supreme Court of Pennsylvania.

Decided April 29, 2005.

Attorney(s) appearing for the Case

Samuel C. Stretton, West Chester, for John M. Payne et al.

Victoria Sellitto Freimuth, Camp Hill, John G. Knorr, Harrisburg, D. Michael Fisher, Pittsburgh, for Dept. of Corrections, et al.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Chief Justice CAPPY.

These cross-appeals raise issues regarding the constitutionality of various provisions of the Prison Litigation Reform Act ("PLRA"), 42 Pa.C.S. §§ 6601-6608, Pennsylvania's Obscenity Law, 18 Pa.C.S. § 5903(a)(7)-(9), and administrative directive DC-ADM 803, which was promulgated by the Commonwealth of Pennsylvania, Department of Corrections ("Department") to govern inmate mail and incoming publications....

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