The U.S Supreme Court pronounced the balancing test in the Turner v. Safley case. The balancing test means that the courts must balance the rights of inmates against the penological concerns of security and order.
In this case, the U.S Supreme Court upheld broad restriction on inmate-to-inmate correspondence and, in the process, reaffirmed its commitment to a deferential standard in prisoner speech cases.
In Justice O’Connor’s opinion in Turner v. Safley, he identified four factors to consider when applying this standard:
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