OPINION OF THE COURT
On May 13, 1971, plaintiffs Gray, Harris, Moore, Holden and Sowers, prisoners or former prisoners at the State Correctional Institution at Pittsburgh (the “Western Penitentiary”), brought the instant civil rights action on behalf of themselves and all others similarly situated to secure redress for various allegedly unconstitutional actions by the defendants. Jurisdiction was invoked pursuant to 28 U.S.C. §§ 1343, 2201 and 42 U.S.C. §§ 1983, 1985. Plaintiffs allege that they had been deprived of rights guaranteed to them by the First, Sixth, Eighth and Fоurteenth Amendments of the United States Constitution and Article One, Section Seven, of the Constitution of the Commonwealth of Pennsylvania, P.S.; both injunctive and declaratory relief were requested. On May 25, 1971, at a “final pretrial hearing” the defendants presented a “Motion to Dismiss, Presenting Defenses of Failure to State a Claim and of Improperly Bringing a Class Action,” and by order of June 21, 1971, the district court granted this Motion.
1
See Gray v. Creamer,
I.
We note at the outset that a motion to dismiss a complaint, including a prisoner’s civil rights complaint, for failure to state a claim upon which relief can be granted is subject to a very strict standard. In Haines v. Kerner,
“Whatever may be the limits on the scope of inquiry of courts into the internal administration of prisons, allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient to call for the opportunity to offer supporting evidence. We cannot say with assurance that under the allegations of the pro se complaint, which we hold to less stringent standards than formal pleadings drafted by *182 lawyers, it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ Conley v. Gibson,355 U.S. 41 , 45-46,78 S.Ct. 99 ,2 L.Ed.2d 80 (1957).”404 U.S. at 520 ,92 S.Ct. at 595 .
See 2A Moore’s Federal Practice ft 12.08 at 2271-74 (1968):
“[A] complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.” (Emphasis in original.)
Thus, the district court’s grаnt of defendants’ motion to dismiss the complaint for failure to state a claim upon which relief can be granted was proper only if, taking as true all the allegations in the complaint and drawing the inferences most favorable to the plaintiffs, it appeared beyond doubt that plaintiffs were entitled to no relief. See, e.
g.,
Haines v. Kerner, supra; Cooper v. Pate,
II.
The instant suit apparently arises from the publication of a prison news letter called Vibrations and the reaction of the prison authorities to this news letter and to the prisoners connected with it. According to the complaint, Vibrations was established in December 1970 by a group of 12 prisoners, including plaintiffs Gray, Harris, Moore and Sowers, with the encouragement of the then-acting Director of Treatment at Western Penitentiary. This nеws letter was intended to inform both the general public and the administration of Western Penitentiary, and to this end it contained a wide variety of information, including poems, astrology forecasts, informational articles or essays, religious expressions, lists of prisoners having illnesses, letters to the editors, statements of editorial policy, and requests for supplies needed by the news letter. Vibrations was published weekly beginning on Christmas Evе 1970, and by April 1971 at least 12,000 copies had been mailed outside of Western Penitentiary and numerous copies circulated within the prison. 3 Plaintiffs alleged that the publication of Vibrations was of great benefit to the prisoners themselves, the prison administration, and the citizens outside the prison. Plaintiffs further alleged that the Vibrations staff exercised stringent self-censorship with the result that no material was published that could be *183 interpreted to be obscene, libelous, or dangerоus to prison administration, discipline, and security.
In April 1971, relationships between the Vibrations staff and the prison administration deteriorated markedly. On April 19, 1971, after several meetings between individual defendants and members of the Vibrations staff, including plaintiff Gray, the Vibrations office at the Western Penitentiary was padlocked by order of defendants, and certain materials found in the office were confiscated and. presumably destroyed. Since that time defendants have made it impossible for Vibrations to be published.
Further, aсcording to the complaint, beginning on April 19, 1971, the plaintiffs and members of the class they represent were transferred to other prisons, placed in punitive and administrative segregation, suspended from jobs they has held and subjected to physical and verbal abuse from guards and the confiscation of their personal belongings. Specifically plaintiffs alleged that on or after April 19, 1971, defendants caused certаin prisoners, including plaintiffs Moore and Holden, to be placed in either punitive segregation or segregation at the Western Penitentiary, and that the prisoners so isolated were neither charged with a violation of prison regulations nor given a hearing. Further, it was alleged that during a two-week period subsequent to April 19, 1971, defendants caused at least ten prisoners, including plaintiffs Gray, Moore and Harris, to be transferred to other penal institutions in the state without being given a hearing nor charged with any violation of prison regulations prior to the transfers. Plaintiffs alleged that some of the prisoners so transferred, including plaintiffs Gray, Moore and Harris, were placed in punitive segregation in the institutions to which they were transferred without being charged with a violation of any penal regulation and without being granted a hearing.
Plaintiffs also аlleged that letters written to various named plaintiffs were never received by them and that some outgoing mail sent by prisoners was not forwarded by the prison officials, which actions were allegedly in violation of a directive issued by defendant Sielaff. It was further alleged that the defendants do not permit certain publications to be delivered to plaintiffs and the class they represent. Finally, plaintiffs alleged that а prison regulation and/or practice effective since April 19, 1971, has arbitrarily restricted the number of prisoners who. can lawfully congregate to an unreasonably small number.
III.
It remains true that “lawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system.” Price v. Johnston,
“The task of striking the proper balance between these conflicting interests is generally within the competence of the prison authorities. Thus, the federal courts have been understandably reluctant to intervene in matters of state prison administration, recognizing that a wide latitude for judgment and discretion must be extended to prison officials.” Gittle-mаcker v. Prasse,428 F.2d 1 , 4 (3d Cir. 1970).
The fact that the federal courts will normally defer to the judgment of the state prison authorities on
*184
matters relating to the treatment of prisoners is, however, not to say.that such prisoners are bereft of all constitutional rights or that the federal courts will refuse to intervene to protect those rights which the prisoner retains. “Acceptance of the fact that incarceration, because of inherent administrative problems, may necessitate the withdrawal of many rights and privileges does not preclude recognition by the courts of a duty to protect the prisoner from unlawful and onerous treatment of a nature that, of itself, adds punitive measures to those legally meted out by the court.” Jackson v. Godwin,
supra,
“Federal courts sit not to supervise prisons but to enforce the constitutional rights of all ‘persons’ which include prisoners. We are not unmindful that prison officials must be accorded latitude in the administration of prison affairs, and that prisoners necessarily are subject to appropriate rules and regulations. But persons in prison, like other individuals, have the right to petition the Government for the redress of grievances which, of course, includes ‘access of prisoners to the courts for the purpose of presenting their complaints.’ ” Cruz v. Beto,405 U.S. 319 ,92 S.Ct. 1079 ,31 L.Ed.2d 263 (Order of March 20, 1972.) (per curiam).
See,
e. g.,
Owens v. Brierley,
Thus, when a state prisoner makes specific allegations of unconstitutional treatment, the federal courts must become involved in the administration of the prison system to the limited extent of determining (1) whether the inmate is entitled under the federal Constitution to the particular right claimеd — a determination which often involves “a process of weighing and balancing conflicting interests,” Gittlemacker v. Prasse,
IV.
In the instant case plaintiffs in their complaint asserted several constitutional rights which it was alleged the defendants had abridged. We find it sufficient for purposes of this apрeal to discuss in detail only the claim that plaintiffs’ Fourteenth Amendment right to due process of law was abridged by the circumstances of their transfers from the general prison population to “segregation” or “punitive segregation.” It is, of course, clear beyond doubt that a state prison inmate continues to receive the protection of the due process clause of the Fourteenth Amendment,. See,
e. g.,
Washington v. Lee,
“ [I]t is well established that prisoners do not lose all their constitutional rights and that the Due Process and Equal Protection Clause of the Fourteenth Amendment follow them into prison and protect them there from unconstitutional action on the part of prison authorities carried out under color of state law.”
See also Jackson v. Bishop,
“[A]s a generalization, it can be said that due process embodies the differing rules оf fair play, which through the years, have become associated with differing types of proceedings. Whether the Constitution requires that a particular right obtain in a specific proceeding depends upon a complexity of factors. The nature of the alleged right involved, the nature of the proceeding, and the possible burden of that proceeding, are all considerations which must be taken into account.” 5
But we do hold that the transfer of a prisoner from the general prison population to solitary confinement without either notice of the charges or a hearing
6
does not, absent unusual circumstances not evident in the pleadings, meet minimal due process requirements. See Sostre v. McGinnis,
“If substantial deprivations are to be visited upon a prisoner, it is wise that such action should at least be рremised on facts rationally determined. This is not a concept without meaning. In most cases it would probably be difficult to find an inquiry minimally fair and rational unless the prisoner were confronted with the accusation, informed of the evidence against him, . and afforded a reasonable opportunity to explain his actions.” (Citations and footnote omitted.)
This decision is consistent with a great number of federal court decisions indicating that the Fourteenth Amendment to the United States Constitution requires that certain safeguards accompany the imposition by state prison authorities of substantial punishment. See Sostre v. McGinnis,
*186 V.
Plaintiffs’ complaint also contained allegations of the deprivation of other constitutional rights. Since this case is to be remanded to the district court for consideration on the merits, at which time the allegations in the complaint will be more fully developed, we make the following observations:
1. Plaintiffs alleged that their rights under the First and Fourteenth Amendments to the Constitution were violated by the actions of the defendants in unlawfully shutting down the news letter,
Vibrations,
by the transfer of prisoners to other penal institutions and/or to varying degrees of isolation, by unlawful physical and verbal harassment, and by the unlawful confiscation of various personal bеlongings bearing a significant relationship to constitutionally protected freedoms. We note that even though a state prisoner may have no constitutional right to distribute his materials within the prison, see Sostre v. McGinnis,
supra,
“To sanction such punishment, even though in the judgment of prison officials the writings were ‘inflammatory’ and ‘racist,’ as in the instant case, would permit prison authorities to manipulate and crush thoughts under the guise of regulation. The intimidating threat of future similar punishment would chill a wide range of prisoner expression, not limited to that expression which Follette might in fact deem dangerous enough to discipline. The danger of undetected discriminatory punishment of ideas is particularly acute in the absеnce of statutory standards to guide the exercise of Follette’s discretion.”
See Howard v. Smyth,
2. Plaintiffs further alleged that defendants have deprived them of rights guaranteed by the First and Fourteenth Amendments by unlawfully censoring and interfering with their mail. It is abundantly clear that the state prison authoritiеs do not possess unfettered discretion to censor or restrict an inmate’s mail in the name of preserving order, safety and discipline. See,
e. g.,
Ex parte Hull,
3. Plaintiffs also alleged that they were subjected by defendants to cruel and unusual punishment, in violation of the Eighth and Fourteenth Amendments, by their confinement in punitive or administrative segregation, in which they were allegedly “not permitted out of their cells for any period
*187
of time, . . . deprived of personal belongings, visits, and other rights afforded the general prison population.” Complaint, f[ 39. We note that although many federal courts have declared that commitment to solitary confinement does not, in itself, violate the Eighth Amendment,
8
certain particular practices in such confinement have been found to constitute cruel and unusual punishment. See, e.
g.,
Holt v. Sarver,
4. Finally, plaintiffs alleged that their rights to due process guaranteed by the Sixth and Fourteenth Amendments were violated by their transfer to other prisons without hearings or notice of the charges against them. Based on the allegations of the complaint, we find no merit to this argument, since we agree with the district court that a state prisoner has no constitutional right to remain in any particular prison. See Hanvey v. Pinto,
The district court order of June 21, 1971, will be reversed and the case remanded for proceеdings consistent with this opinion.
Chief Judge SEITZ concurs in the result because he believes that the important legal issues here presented should be decided on the basis of a fully developed record.
Notes
. At the pretrial hearing held on May 25, 1971, the defendants conceded some of the allegations in the plaintiffs’ complaint, as, for example, the allegations contained in Paragraphs 39 and 41 of the complaint that certain prisoners, including plaintiffs Moore and Holden, were transferred to punitive segregation and segregation without being charged with violations of prison regulations or granted a hearing. The district court ignored such stipulations in its opinion and disposed of the case on the basis of the allegations of the complaint. See N.T. 76.
. In Negrich v. Hohn,
. Plaintiffs alleged that Vibrations was entirely supported by donations from outside sources, and that the defendants frustrated their efforts to exрand by refusing to permit the use of certain donated equipment (typewriters, cameras, etc.) and withholding financial contributions and mail regarding such contributions.
. The complaint alleged that while in punitive segregation prisoners are not permitted out of their cells for any period of time, and are deprived of personal belongings, visits, and other rights afforded the general prison population.” Complaint, ¶ 39.
. See also Goldberg v. Kelly,
. This is nоt to say, of course that this notice or hearing must in all cases precede the transfer to solitary confinement; in some cases, as, for example, during a prison riot, notice and hearing must be delayed a reasonable period of time.
. The Supreme Court has recently held that there is no distinction between personal liberties and property rights with respect to jurisdiction under 28 U.S.C. § 1343(3), explicitly rejecting the Second Circuit’s approach in Eisen v. Eastman,
. See,
e. g.,
Sostre v. McGinnis,
supra,