Whether the Eighth Circuit's approval of the prison's broad 'pornography' policy that prohibits inmates from accessing a wide range of written and pictorial texts, including mainstream materials, is consistent with the First Amendment overbreadth doctrine

QUESTION PRESENTED 1. It is settled that inmates in state and federal prisons retain First Amendment rights consistent with the application of the four factors set forth in Turner v. Safley, 482 U.S. 78 (1987). Turner has been applied consistently in many prisons and many states to restrict from inmates’ access a broad range of otherwise First Amendment-protected materials. It has also, however, worked to leave open a space for inmates to access a broad swath of such materials. In this case, the prison managed by the respondents that houses the petitioner applies a “pornography” policy. That policy functions to prevent inmates from receiving a wide range of written and pictorial texts, including, but certainly not limited to, National Geographic Magazine; Smithsonian Magazine; U.S. Weekly; Wired Magazine; Yoga Journal; and (as admitted by the respondents) the Holy Bible. This policy is one of unprecedented scope in the history of such policies in state and federal prisons in the United States. It serves to prohibit inmates from reading mainstream texts in areas such as current events, sociology, religion, art, technology, and personal health. Should the Eighth Circuit’s approval of this policy stand, other prisons are sure to adopt it. Is such a broad “pornography” policy consistent with this Court’s jurisprudence on First Amendment overbreadth? i STATEMENT OF