U.S. Court of Appeals for the Fifth Circuit, 2011

Leonard v. Louisiana Ex Rel. Department of Public Safety & Corrections

U.S. Court of Appeals for the Fifth Circuit · Decided November 10, 2011 · Garza, Graves, Per Curiam, Reavley

449 F. App'x 386

Opinion

PER CURIAM: *

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.

AFFIRMED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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