Leonard v. Louisiana ex rel. Dept. of Public Safety & Corrections, 449 Fed. Appx. 386 (5th Cir. 2011) [2011 BL 289786]
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] Katharine Murphy Schwartzmann, Esq., Justin P. Harrison, Esq., American Civil Liberties Union Foundation of Louisiana, New Orleans, LA, Nelson Welch Cameron, Shreveport, LA, for Plaintiff-Appellee.
Stuart Kyle Duncan, Assistant Attorney General, Louisiana Department of Justice, Ross Warren Bergethon, Assistant Attorney General, Office of the Attorney General, Susan Wall Griffin, Louisiana Department of Public Safety & Corrections, Baton Rouge, LA, for Defendants-Appellants.
Appeal from the United States District Court for the Western District of Louisiana, USDC No. 5:07-CV-813.
Before REAVLEY, GARZA, and GRAVES, Circuit Judges.
The judgment of the district court is affirmed for the following reason:
The Final Call is objectionable to the prison officials only because it regularly includes "The Muslim Program." We agree with the district court that banning the entire newspaper is not justified for that reason. While we do not agree that "The Muslim Program" is free of racially inflammatory language, the record here does not justify this order under circumstances where an objectionable page could be deleted and where this page has been included in all prior issues of the newspaper and is and always has been available to appellee.