Pesci v. Budz, No. 18-10642 (11th Cir. 2019)Annotate this Case
Plaintiff, an involuntarily committed inmate, filed a 42 U.S.C. 1983 action claiming that FCCC's policies violated his expressive freedoms under the First and Fourteenth Amendments.
Applying the four factor test in Turner v. Safley, 482 U.S. 78, 89–90 (1987), the Fifth Circuit held that the FCCC's ban of plaintiff's newsletter was reasonably related to the substantial government interest of security and safety that was unrelated to the suppression of expression. The three other factors also weigh in favor of FCCC where plaintiff has alternative means of exercising his asserted right; allowing residents to read the newsletter could increase tension and hostility, potentially resulting in inmate-on-staff violence; and the ban was not an exaggerated response to FCCC's security concerns. The court also held that the 2006 page-limit policy did not violate plaintiff's First Amendment rights where it clearly related to FCCC's legitimate interest in conserving resources.