Year: 2020 (Vol. 44)
Note: This problem was created for the Spring 2020 Semifinal and Final Round of the intramural Orison S. Marden Competition, which was to be hosted by the NYU School of Law in March 2020. Competitors submitted briefs and were set to compete in oral arguments in front of a panel of Fourth, Fifth and Seventh Circuit judges, but the event was unfortunately cancelled due to the sudden outbreak of COVID-19 in New York.
Topics: Constitutional Law / First Amendment Law
Questions Presented:
(1) Whether a prisoner may sue under the Prison Litigation Reform Act for compensatory damages for a First Amendment violation in the absence of a physical injury.
(2) Whether the appropriate standard of review for a First Amendment challenge to censorship of outgoing mail by a prison or jail is the reasonableness standard of Turner v. Safleyor the more exacting standard of Procunier v. Martinez.
Format: Word and PDF
Prepared by: Emily Hodgkins & Michael Lazris
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