![]() Conway, United States District Judge for the Middle District of Florida, sitting by designation. ![]() One way it does that is by preventing inmates from receiving publications with prominent or prevalent advertisements for prohibited services, such as three-way calling and pen pal solicitation, that threaten other inmates and the public. The Department, for its part, continually strives to limit sources of temptation and the means that inmates can use to commit crimes. The Florida Department of Corrections has rules aimed at preventing fraud schemes and other criminal activity originating from behind bars, but inmates continually attempt to circumvent measures in place to enforce those rules. The Constitution does place some limits on the measures that corrections officials may use to carry out that duty, which is what this case is about. Prison officials have the duty to reduce the temptation for prisoners to commit more crimes and to curtail their access to the means of committing them. ![]() ED CARNES, Chief Judge: From time to time we have all followed the advice of Oscar Wilde and gotten rid of temptation by yielding to it.1 Yielding to the temptation to commit an act that the law forbids can lead to bad consequences, including imprisonment. _ Appeals from the United States District Court for the Northern District of Florida _ (May 17, 2018) Case: 15-14220 Date Filed: Page: 2 of 48 Before ED CARNES, Chief Judge, DUBINA, Circuit Judge, and CONWAY, * District Judge. 4:12-cv-00239-MW-CAS PRISON LEGAL NEWS, A project of the Human Rights Defense Center, a Not-for-Profit Washington Charitable Corporation, Plaintiff-Appellee Cross Appellant, versus SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Defendant-Appellant Cross Appellee. The court held, however, that the power to impound comes with a duty to inform PLN of the reasons for the impoundments, and thus the district court did not abuse its discretion in entering an injunction to require the Department to adhere to its own notice rules.Ĭase: 15-14220 Date Filed: Page: 1 of 48 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. Applying the Turner standard to determine whether the impoundments of PLN's magazine violated the First Amendment, the court held that limiting three-way calling ads, pen pal solicitation ads, cash-for-stamps ads, prisoner concierge and people locator ads was not so remote from the Department's security and safety interests as to render the impoundments arbitrary or irrational there were alternative means for PLN to send alternate publications the impact of accommodating the asserted right favored the Department and the Department's decision to impound was not an exaggerated response. PLN filed suit contending that the Department's impoundments of its monthly magazine violated its constitutional rights. ![]() Department of Correction impoundments do not violate the First Amendment but the failure to give proper notice of them does violate the Fourteenth Amendment. ![]()
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