Thornburgh v.
Abbott, 490 U.S
401 (1989)
Evan Liwosz
Korey Freyermuth
Julian Taylor
Legal Issue
 In
summary, this case argued that the
regulations set forth by the Federal Bureau
of Prisons on what publications that are
being received by inmates are
unconstitutional. Certain inmates and
publishers argue that these regulations
are in violation of their First Amendment
rights.
Facts
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
The Federal Bureau of Prisons regulations generally permit prisoners
to receive publications from the “outside,” but authorize wardens,
pursuant to specific criteria, to reject an incoming publication if it is
found to be “detrimental to the security, good order, or discipline
of the institution or if it might facilitate criminal activity.” Wardens
may not reject publications “solely because its content is religious,
philosophical, political, social or sexual, or because its content is
unpopular or repugnant.” (Justic Blackmun, p.517)
Prisoners argued that the regulations both on their face and
as applied to 46 specifically excluded publications, violated their
First Amendment rights under the standard set forth in Procunier v.
Martinez.
The District Court refrained from adopting the Martinez
standard in favor of an approach more deferential to the judgment
of prison authorities, and upheld the regulations without addressing
the propriety of the 46 exclusions.
http://www.justice.gov/osg/briefs/1987/sg870205.txt
Holding

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
This regulation is valid under the reasonableness standard
of scrutiny.
Agreed with part what the district court said and part of
the court of appeals.
10 day bench trial that district court refrained from
adopting the Martinez standard which was favored an
approach more deferential to judgment of prison
authorities and upheld with 46 regulations.
The court of Appeals utilized the Martinez standards fount
the regulations wanting and remanded the individual
determination of constitutionality of the 46 exclusions.
No evidence that would endanger prison security.
The regulation is valid under the reasonableness standard
of scrutiny. (pg 516 , pg 521)
Reasoning of Holding
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
Mainly Turner’s reasonableness standard is applied
regulations at issues. Remand for examination of
validity of regulations as applied to any 46
publications introduced at trial that remains a live
controversy. Judgment of the Court of Appeals is
vacated the ease is remanded for further
proceedings consistent with opinions. (Pg. 516)
First Amendment rights either free citizens or a
prison inmates. The Bureau’s administrative
convenience Justification its insufficient as a
matter if law under either the Martinez standard or
“reasonableness standard.
Concurring Opinion and
Dissenting Opinion
 Justice
Stevens, Justice Brennan and
Justice Marshall join, concurring in part
and dissenting in part (PG. 520)
Informed Opinion (Evan)

In my opinion, I agree that there does need to
be regulations on what the prisoners see and
read in their publications. Violent stories or
photos could set a prisoner off on a violent
rampage, or at least give them the bad ideas
needed to do so. Once a mind reads/sees
something, the mind then thinks about it, and
just thinking about something can lead to the
actions actually happening.
Informed Opinion (Korey)
I
agree with having regulations in the
prisons, because if something was said
wrong, we would take it the wrong way
and rage about it. I know if I took
something wrong I would go crazy.
People always say the wrong thing and
actions come across. There’s always
something bad going to happen
afterwards.
Informed Opinion (Julian)

I personality agree with the appeal of the decision
that was made on the Thornburgh vs abbott case
because I feel that everyone should be entitled to
there rights. The 1st amendment protects all
citizens to have the freedom to express themselves
in anyway that isn’t harmful to others. People
should be allowed to also read listen or interpret
things how they want. In America people write
things for people to read so they can make
comments about it. so I feel that even if prisons
should be allowed to receive materials from
outside world and have views toward what ever it
is going on in the world.
Question and Opinions???