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DEARMITT v. DEPARTMENT OF CORRECTIONS

No. A149712.

312 P.3d 616 (2013)

259 Or. App. 86

Steven Clyde DEARMITT, Petitioner, v. DEPARTMENT OF CORRECTIONS, by and through Colette PETERS, Director, Respondent.

Court of Appeals of Oregon.

Decided October 23, 2013.

Attorney(s) appearing for the Case

Steven DeArmitt filed the briefs pro se.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Rebecca M. Johansen , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and DUNCAN, Judge.

SCHUMAN, P. J.

Petitioner brings this rule challenge under ORS 183.400, arguing that two Oregon Department of Corrections (DOC) rules, OAR 291-131-0035(1)(a)(D) and OAR 291-131-0025(11)(b)(D), violate the First Amendment to the United States Constitution. Those challenged rules prohibit inmates from receiving by mail any magazine clippings, tear-outs, photocopies, printed web pages, drawings, photographs, and other media depicting nude or partially nude subjects ...

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