ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Wednesday, July 31, 1996               TAG: 9607310057
SECTION: VIRGINIA                 PAGE: C4   EDITION: NEW RIVER VALLEY 
DATELINE: RICHMOND 
SOURCE: ASSOCIATED PRESS 

NUDE MAGAZINE RULING HEARD AGAIN?

Attorney General Jim Gilmore has asked the U.S. Supreme Court to review an appeals court ruling that state prison officials violated a magazine publisher's First Amendment rights.

The 4th U.S. Court of Appeals ruled in April that publishers must be given a chance to argue their case before inmates are denied access to their publications.

The case stems from the Department of Corrections' refusal to allow two Keen Mountain Correctional Center inmates to have their June and September 1992 issues of Gallery magazine, which features photos of nude women.

Prison officials said their decision was based on the magazine's ``Feedback'' column, not the photos. They contend the column is obscene in its description of sex acts.

Gilmore wants the high court to rule that the appeals court is meddling in administrative matters and has created an unjustified burden on the Corrections Department.

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