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PERRY v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS

No. 11-10694.

664 F.3d 1359 (2011)

Joy PERRY, d.b.a. Freedom Through Christ Prison Ministry, d.b.a. Prison Pen Pals, and WriteAPrisoner.com, Inc., a Florida Corporation, Plaintiffs-Appellants, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Warden, Union Correctional Institution, Warden, Florida State Prison, Warden, Lowell Correctional Institution, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 22, 2011.

Attorney(s) appearing for the Case

Shawn Alex Heller , Randall Challen Berg, Jr. , Joshua Aaron Glickman , Florida Justice Institute, Inc., Miami, FL, for Plaintiffs-Appellants.

Joe Belitzky , Shelly L. Marks , Lance Eric Neff , Tallahassee, FL, Pam Bondi , Jacksonville, FL, for Defendants-Appellees.

Before MARCUS, WILSON, and COX, Circuit Judges.

WILSON, Circuit Judge:

This case concerns the constitutionality of the Florida Department of Corrections' (FDOC) Pen Pal Solicitation Rule. Joy Perry, who operates two pen pal services, and WriteAPrisoner.com, Inc. (WAP), brought this civil rights action pursuant to 42 U.S.C. § 1983 alleging that the Rule violates the First and Fourteenth Amendments to the Constitution. Appellants seek to enjoin FDOC officials from banning all pen pal-solicitation correspondence...

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