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Turner v. Safley (docket #: 85-1384) (1987)  [Findlaw]

Secondary Link Turner v. Safley
Argument Date 01/13/1987
Decided 6/1/1987
Supreme Court Vote 5-4
Supreme Court Ruling First Amendment claim upheld in part, denied in part; the correspondence restriction was upheld while the marriage ban was declared unconstitutional.
 
IssueWhether prisoners' First Amendment rights were violated by two Missouri Division of Corrections regulations banning inmate marriages and inmate-to-inmate correspondence without a "compelling" reason.
Majority Opinion O'Connor, J.
Dissenting Opinion Stevens, J. (joined by Brennan, J., Marshall, J., & Blackmun, J., concurring in part and dissenting in part)
Lower Court 8th Circuit
Lower Court Ruling First Amendment claim upheld
Oral Arguments audio  [Oyez]
Lawyers
For Petitioner
Henry T. Herschel, Assistant Attorney General of Missouri

For Respondent
Floyd R. Finch, Jr.

Briefs
For United States
Solicitor General Erwin Fried, Assistant Attorney General Trott, Deputy Solicitor General Cohen and Roger Clegg

For Amicus
Harry M. Reasoner and Ann Lents for Guadalupe Guajardo, Jr. (for respondent)

Jim Mattox, Attorney General of Texas et al. for the State of Texas

John H. Hall and Steven Klugman for the Correctional Association of New York (for respondent)

Robert Selcov for Prisoners' Legal Services of New York, Inc. (for respondent)

Thomas J. Miller, Attorney General of Iowa et al. for the States of Arkansas, California, North Carolina, North Dakota, South Carolina, South Dakota, Virginia and Nebraska (for petitioner)

Ruling - Lower Court
777 F.2d 1307
News
"High Court to Hear Appeal on Curb in Use of Grand Jury Evidence," The New York Times, May 28, 1986, Sect. A, p. 17
Hager, Philip, "Justices to Take Up Curbs on Prisoner Marriage, Correspondence," The Los Angeles Times, May 28, 1986, Sect. C, p. 6
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(2006), Sect. 11.4.3
Commentary
Hudson, David L., "Ruling Bolsters 'Deprivation' of Prisoner Rights," The First Amendment Center Online, June 30, 2006

Hudson, David, "Justice Thomas and prisoners’ freedom of expression" (10/08/2007)

Hudson, David, "Turner v. Safley: high drama, enduring precedent" (05/01/2008)

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