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Prison Legal News v. Ryan, AZ, Order, Censorship of Sexually Explicit Material, 2019

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Case 2:15-cv-02245-ROS Document 305 Filed 11/06/19 Page 1 of 3

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Prison Legal News,
Plaintiff,

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v.

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Charles L Ryan, et al.,

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No. CV-15-02245-PHX-ROS
ORDER

Defendants.

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On March 8, 2019, the Court issued an order granting in part and denying in part

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each party’s motion for summary judgment, and ordering the parties to submit proposed

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language for final injunctive relief regarding the claims on which Prison Legal News

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prevailed. (Doc. 260.) On April 12, 2019, the parties submitted proposed injunction

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language. (Docs. 265, 267.) On September 20, 2019, the parties submitted a joint statement

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regarding injunction, notifying the Court they have been unable to agree on a joint proposed

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injunction. (Doc. 301.) The parties requested the Court consider the parties’ submissions,

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issue a permanent injunction, and enter final judgment.

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The Court, having found that the Arizona Department of Corrections’ (“ADC”)

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policy prohibiting sexually explicit material is facially in violation of the First Amendment

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to the Constitution of the United States, and that the censorship of the October 2014, April

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2017, May 2017, and June 2017 issues of Prison Legal News was unconstitutional, hereby

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issues the following injunctive relief:

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Case 2:15-cv-02245-ROS Document 305 Filed 11/06/19 Page 2 of 3

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IT IS ORDERED within ninety (90) days of this Order the Arizona Department of

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Corrections and the State of Arizona shall amend, modify, or revise Arizona Department

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of Corrections Department Order 914 (“Order 914”) to establish bright-line rules that

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narrowly define prohibited content in a manner consistent with the First Amendment; limit

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the discretion available to ADC’s employees and agents; and ensure consistency in the

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exclusion of sexually explicit material.

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IT IS FURTHER ORDERED within seven (7) days of the amendment,

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modification, or revision of Order 914, Defendants shall file with the Court a copy of the

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new Order 914 and notify the Court that the Arizona Department of Corrections website

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has been updated to reflect the new Order 914.

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IT IS FURTHER ORDERED Defendants shall email a copy of this Order and the

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new Order 914 to all staff persons employed in ADC mail rooms. Such email must also

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inform such staff about the best practices for successful compliance herewith. Within sixty

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(60) days of the amendment, modification, or revision of Order 914 each staff person

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responsible for any part of the receipt, collection, or delivery of U.S. Mail must sign a

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written acknowledgment that they have received and understood this Order and the new

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Order 914.

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IT IS FURTHER ORDERED to the extent Defendants withhold a portion of any

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material sent to ADC prisoners per Order 914, the remaining portion(s) thereof shall be

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delivered to their intended recipients.

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IT IS FURTHER ORDERED Defendants shall, within thirty (30) days of this

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Order, distribute complete copies of the previously censored October 2014, April 2017,

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May 2017, and June 2017 issues of Prison Legal News to current ADC prisoner-

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subscribers.

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The Court finds that the relief herein ordered is narrowly drawn, extends no further

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than necessary to correct the harm to Prison Legal News requiring injunctive relief, and is

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the least intrusive means necessary to correct that harm.

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//

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Case 2:15-cv-02245-ROS Document 305 Filed 11/06/19 Page 3 of 3

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The Clerk of Court is instructed to enter judgment in favor of Prison Legal News

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and against Defendants Ryan, Rittenhouse, Hood, Olson, Riggs, and Guzman in their

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official capacities.

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Dated this 5th day of November, 2019.

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Honorable Roslyn O. Silver
Senior United States District Judge

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