The U.S Supreme Court pronounced the balancing test in the Turner v. Safley case. The balancing test means that the courts must balance the rights of inmates against the penological concerns of security and order.
In this case, the U.S Supreme Court upheld broad restriction on inmate-to-inmate correspondence and, in the process, reaffirmed its commitment to a deferential standard in prisoner speech cases.
In Justice O’Connor’s opinion in Turner v. Safley, he identified four factors to consider when applying this standard:
- Whether or not there is a valid, rational link between the regulation and the governmental interest advanced to justify it;
- Whether inmates are left with alternative means of exercising the right that the regulation restricts;
- Whether accommodating the asserted right would have a significant ripple effect on fellow inmates or prison staff;
- And whether there is a ready alternative to the regulation that fully accommodates the asserted right at a minimal cost to valid penological interests.
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