Guy v. State

I think that the appellant has sustained his burden of demonstrating an infringement of his constitutional rights. Clearly, an inmate’s constitutional freedoms are inhibited to the extent that the exercise of such freedoms is inconsistent with necessities of implementing penological objectives and enforcing prison security. Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 3198, 82 L.Ed.2d 393 (1984). In the facts of this case, however, the appellant’s exercise of his first amendment rights in no way threatened prison objectives or security.

I disagree with the majority’s conclusion that the…