McGinness v. Crime, Justice and America, Inc.

Linked with:

• Reniff v. Hrdlicka

Issue: (1) Whether the First Amendment provides commercial publishers with a right to demand that jail and prison administrators distribute their unsolicited publications to inmates; and (2) whether it is consistent with federalism and separation of powers concerns for federal courts to order elected county sheriffs to distribute unsolicited commercial publications to inmates, based on an evaluation of the content of the publications, and the number of publications the publisher is seeking to distribute, in each particular case.

Briefs and Documents

Certiorari-stage documents

• Opinion below (9th Cir.)
• Petition for certiorari
• Brief in opposition
• Amicus brief of the California State Association of Counties
• Reply of petitioner