224
Syllabus
the constitutional protection based upon a communication's content first requires an assessment of that content's value. But the Turner test simply does not accommodate valuations of content. On the contrary, it concerns only the relationship between the asserted peno-logical interests and the prison regulation. Moreover, prison officials are to remain the primary arbiters of the problems that arise in prison management. 482 U. S., at 89. Seeking to avoid unnecessarily perpetuating federal courts' involvement in prison administration affairs, the Court rejects an alteration of the Turner analysis that would entail additional federal-court oversight. Even if this Court were to consider giving special protection to particular kinds of speech based on content, it would not do so for speech that includes legal advice. Augmenting First Amendment protection for such advice would undermine prison officials' ability to address the complex and intractable problems of prison administration. Id., at 84. The legal text could be an excuse for making clearly inappropriate comments, which may circulate among prisoners despite prison measures to screen individual inmates or officers from the remarks. Pp. 228-232.
2. To prevail on remand on the question whether the prison regulations, as applied to Murphy, are reasonably related to legitimate penological interests, he must overcome the presumption that the prison officials acted within their broad discretion. P. 232.
195 F. 3d 1121, reversed and remanded.
Thomas, J., delivered the opinion for a unanimous Court. Ginsburg, J., filed a concurring opinion, post, p. 232.
David L. Ohler, Special Assistant Attorney General of Montana, argued the cause for petitioners. With him on the briefs were Joseph P. Mazurek, Attorney General, and Diana Leibinger-Koch, Special Assistant Attorney General.
Patricia A. Millett argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Waxman, Assistant Attorney General Ogden, Deputy Solicitor General Underwood, Gregory G. Garre, Barbara L. Herwig, and John Hoyle.
Jeffrey T. Renz argued the cause and filed a brief for respondent.*
*Briefs of amici curiae urging reversal were filed for the State of Florida et al. by Robert A. Butterworth, Attorney General of Florida, Thomas E. Warner, Solicitor General, and Cecilia Bradley, Assistant Attorney
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