Does inspection of non-legal mail outside the inmate's presence violate his First Amendment rights?

MultiRegion, United States of America

The following excerpt is from Delarm v. Growe, No. 2: 15-cv-2258 KJM KJN P (E.D. Cal. 2016):

The opening of non-legal mail outside the inmate's presence, to inspect it for contraband, does not violate an inmate's First Amendment rights. See Smith v. Boyd, 945 F.2d 1041, 1043 (8th Cir. 1991) (upholding inspection of incoming mail).

Other Questions


What are the implications of the First Amendment for First Amendment rights of an inmate who is seeking to file a grievance in a federal court? (MultiRegion, United States of America)
What is the test for finding a violation of a Fourteenth Amendment right to familial relations generally based on a government actor's affirmative conduct that violates the right? (MultiRegion, United States of America)
Is it a violation of the Fourth Amendment to detain a suspect for exercising his First Amendment right? (MultiRegion, United States of America)
What is the test for a plaintiff to prove that a defendant has violated their First Amendment right of access to the courts by refusing to provide mail to an inmate? (MultiRegion, United States of America)
Can a plaintiff sue for a violation of his First Amendment rights due to retaliation under section 1983 of the Criminal Code? (MultiRegion, United States of America)
Does a prisoner have a First Amendment right to speak out in a civil rights case? (MultiRegion, United States of America)
Does a transfer of an inmate from a federal prison to another federal prison violate the inmate's right to a new facility? (MultiRegion, United States of America)
When assessing a First Amendment challenge to an ordinance that prohibits same-sex marriage, does the court also have to consider the meaning of the First Amendment? (MultiRegion, United States of America)
Is a prison assistant's failure to interview an inmate's witnesses for a disciplinary hearing a violation of the inmate's right to access their witnesses? (MultiRegion, United States of America)
Does a prison guard's statement of concern about an inmate's exercise of free speech violate the First Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.