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Beard v. Banks (docket #: 04-1739) (2006)  [Findlaw]

Secondary Link Beard v. Banks  [Legal Information Institute]
Argument Date 03/27/2006
Decided 6/28/2006
Supreme Court Vote 6-2
Note Judge Samuel Alito dissented from the Third Circuit ruling affirming the prisoners free-speech claims.
Supreme Court Ruling First Amendment claim denied.
IssueWhether prison rules that keep newspapers and magazines out of the hands of disruptive Pennsylvania inmates violate the First Amendment.
Case Summary & Additional Resources
Majority Opinion Breyer, J. (plurality opinion joined by Roberts, CJ, Kennedy, J. & Souter, J.)
Concurring Opinion Thomas, J. concurring in judgment (joined by Scalia, J.)
Dissenting Opinion Stevens, J. (joined by Ginsberg, J.), & Ginsberg, J.
Lower Court 3rd Circuit
Lower Court Ruling First Amendment claim sustained.
Oral Arguments Audio recording (Oyez)  [Oyez]
For Petitioner
Calvin Royer Koons (senior deputy Attorney General)

For Respondent
Jere Krakoff (Pittsburgh, PA)

Tony Mauro Analysis
"Prisoners' side struggles in reading-material case " (3/28/06)

Opinion - Lower Court
Banks v. Beard (3rd. Cir., 2005) (Alito, J., dissenting)

AP, "High court to decide if prisons can bar inmate access to news" (11-14-05)

AP, "High court: Prisoners' reading material can be restricted" (6-28-06)

AP, "Justices hear case involving prisoners' reading material" (3/27/06)

AP, "Justices to review case on prisoners' reading material" (03/27/06)

Hudson, David, Jr., "Alito has history of rejecting prisoner First Amendment claims" (11/08/2005)

Medill News Service

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