Ralph Harrison Benning v. Tyrone Oliver, Commissioner, Georgia Department of Corrections, et al.
DueProcess FirstAmendment
Whether censorship of prisoner emails, without any notice that the emails are being censored, nor any opportunity to challenge the decision before a neutral decisionmaker, obviously violates the Due Process Clause of the Fourteenth Amendment under this Court's decision in Procunier v. Martinez, 416 U.S. 396, 418 (1974), which clearly established that censoring outgoing physical mail without notice and an opportunity to challenge the decision before a neutral decisionmaker violates the Due Process Clause of the Fourteenth Amendment.
Whether the Due Process Clause of the Fourteenth Amendment requires prison officials to provide notice and an opportunity to challenge the censorship of prisoner emails before such communications are intercepted