232
Ginsburg, J., concurring
stead, the proper constitutional test is the one we set forth in Turner. Irrespective of whether the correspondence contains legal advice, the constitutional analysis is the same.
III
Under Turner, the question remains whether the prison regulations, as applied to Murphy, are "reasonably related to legitimate penological interests." 482 U. S., at 89. To prevail, Murphy must overcome the presumption that the prison officials acted within their "broad discretion." Abbott, supra, at 413. Petitioners ask us to answer, rather than remand, the question whether Murphy has satisfied this heavy burden. We decline petitioners' request, however, because we granted certiorari only to decide whether inmates possess a special First Amendment right to provide legal assistance to fellow inmates.
* * *
The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice Ginsburg, concurring.
I agree with the Court that the Ninth Circuit erred in holding that the First Amendment secures to prisoners a freestanding right to provide legal assistance to other inmates. I note, furthermore, that Murphy does not contest the prison's right to intercept prisoner-to-prisoner correspondence. But Murphy's § 1983 complaint does allege that the prison rules under which he was disciplined—rules forbidding insolence and interference with due process hear-ings—are vague and overbroad as applied to him in this case.* The Ninth Circuit passed over that charge when it
*The rule forbidding insolence defines "insolence" as "[w]ords, actions or other behavior which is intended to harass or cause alarm in an employee." Mont. State Prison Policy No. 15-001, Inmate Disciplinary Pol-
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