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MORRISON v. HALL

No. 98-35468.

261 F.3d 896 (2001)

Patrick Hugh MORRISON, Plaintiff-Appellant, v. Frank HALL, Director of the Oregon Department of Corrections; Manfred Maass, Superintendent of the Oregon State Penitentiary; Tamara Blain, Staff member at the Oregon State Penitentiary, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2001

Attorney(s) appearing for the Case

Margaret Z. Johns, Supervising Attorney, University of California, Davis, California (Brief); Peggy Gibson, Certified Law Student, and Irene Feldman, Certified Law Student, University of California, Davis, California (Argued) attorneys for the Plaintiff-Appellant.

Kaye E. McDonald, Assistant Attorney General, Salem, Oregon, attorney for the Defendants-Appellees.

Before: HARRY PREGERSON, WARREN J. FERGUSON, and MICGAEK DALY HAWKINS, Circuit Judges.

Argued and Submitted June 5, 2001 — San Francisco, California.

PREGERSON, Circuit Judge:

This case requires us to consider the constitutionality of various mail regulations at the Oregon State Penitentiary ("OSP") where the plaintiff, Patrick Hugh Morrison ("Morrison"), is incarcerated. Morrison argues that two sections of the OSP mail regulations unconstitutionally burden his First Amendment rights: (1) Oregon Administrative Rule ("OAR") 291-131-025...

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