Prison Legal News v. Cook

The Oregon Department of Corrections (department) had a policy prohibiting prisoners from receiving standard-rate mail, meaning bulk mail that qualified for special postal rates. Standard-rate mail was separated from other incoming mail at department facilities and returned to the postal service. After the initial sorting, the remaining mail, including first-class mail and periodicals mail, was inspected by department staff for improper content and contraband, then distributed to prisoners. The department claimed that its prohibition of standard-rate mail avoided the need for additional staff to inspect such mail and ensured that existing staff could thoroughly inspect other mail. The department also argued that allowing prisoners to receive bulk mail would hinder cell searches and create fire hazards, reducing prison safety. Certain subscriptions from nonprofit organizations qualified for standard mail rates, meaning that they fell within the department’s prohibition. An example was Prison Legal News (defendant), a newsletter that covered prison-related issues. Fifteen department prisoners subscribed to the newsletter but were unable to receive it because of the department’s ban. Prison Legal News and certain inmates (plaintiffs) sued the department’s director, David Cook (defendant), arguing that the department’s prohibition of standard-rate mail was unconstitutional as applied to subscription nonprofit mail because it violated inmates’ First Amendment rights. The district court granted summary judgment in Cook’s favor. Prison Legal News and the inmates appealed.