· 7/24/1986
Northwestern Institute of Psychiatry v. Commonwealth
Citations
- 99 Pa. Commw. 213
- 513 A.2d 495
- 1986 Pa. Commw. LEXIS 2392
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that censorship outside terms of regulation “cannot have been” rationally related to goals under first Turner factor
- applying the Turner factors to assess the constitutionality of a prison policy prohibiting sexually explicit material and specific restrictions pursuant to that policy
- acknowledging the typical standards for First Amendment facial challenges and applying the Turner framework to facial challenge of prison regulation
- holding unconstitutional a broader Arizona policy on sexually suggestive material
- applying the Turner analysis to an as- applied challenge and noting that variations in the enforcement of a policy will not always rise to a constitutional violation
- noting that a prison 12 rule is neutral “as long as it applies to specific types of materials solely on the basis of the 13 materials’ potential effect on the legitimate objectives” and is “unrelated to the suppression 14 of expression” (citation and quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Barry, Colins, Craig, Crumlish, Doyle, MacPhail
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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