Whether the Prison Litigation Reform Act 'three-strikes' provision, 28 U.S.C. § 1915(g), is unconstitutional as applied to deny a prisoner access to courts with which to vindicate First Amendment rights

QUESTIONS PRESENTED The Prison Litigation Reform Act “three-strikes” provision 28 U.S.C. § 1915(g), bars a prisoner from filing a civil action in forma pauperis (IFP), if he has had three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim. Petitioner has three strikes. He filed a civil action in which he claimed violations of his First Amendment : : rights to free speech, religious exercise, and right of access to the courts, and he moved to proceed IFP. The district court rejected his constitutional challenges to ; § 1915(g) and dismissed his case. The questions presented are as follows ; I. Whether the Prison Litigation Reform Act “three-strikes” provision, 28 U.S.C. § 1915(g), is un' constitutional as applied to deny a prisoner access to : courts with which to vindicate First Amendment rights. II. Whether the Prison Litigation Reform Act “three-strikes” provision, 28 U.S.C. § 1915(g), violates the First Amendment “breathing space” principle. 1