PRISON LEGAL NEWS v. RYAN

No. 19-17449.

39 F.4th 1121 (2022)

PRISON LEGAL NEWS, a project of: other Human Rights Defense Center, Plaintiff-Appellee, v. Charles L. RYAN, in his official capacity as Director of the Arizona Department of Corrections and in his individual capacity; Gail Rittenhouse, in her official capacity as Division Director, Support Services of the Arizona Department of Corrections and in her individual capacity; Jeff Hood, in his official capacity as Deputy Director of the Arizona Department of Corrections and in his individual capacity; Alf Olson, in his official capacity as an employee of the Office of Publication Review of the Arizona Department of Corrections and in his individual capacity; James Riggs, in his official capacity as an employee of the Office of Publication Review of the Arizona Department of Corrections and his individual capacity; Jamie Guzman, in her official capacity as an employee of the Office of Publication Review of the Arizona Department of Corrections, Defendants-Appellants, and Unknown Parties, named as: Does 1 to 20 (inclusive), Defendant.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2022.


Attorney(s) appearing for the Case

Michael E. Gottfried (argued) and Daniel P. Schaack , Assistant Attorneys General; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Defendants-Appellants.

Lisa Ells (argued), Sanford Jay Rosen , and Amy Xu , Rosen Bien Galvan & Grunfeld LLP, San Francisco, California; Daniel Marshall , Human Rights Defense Center, Lake Worth, Florida; David J. Bodney and Michael A. DiGiacomo , Ballard Spahr LLP, Phoenix, Arizona; for Plaintiff-Appellee.

Before: Michael Daly Hawkins, Sidney R. Thomas, and Eric D. Miller, Circuit Judges.


OPINION

In 2010, the Arizona Department of Corrections issued Order 914, under which the Department may prohibit inmates from receiving mail containing "sexually explicit material." The Department invoked the order to redact several issues of Prison Legal News, a monthly journal for prison inmates that covers...

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