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CJRColumbia Journalism Review

September/October 1996 | Contents

Prisons

keeping prisoners from the press

by Susan Freinkel
Freinkel is a writer living in San Franciso who has covered criminal justice for The American Lawyer.

Prisoners are locked in, but more and more journalists are being locked out of prison as corrections chiefs across the nation slap increasingly burdensome restrictions on how and when reporters may talk to inmates. A hot battleground is California, home to America's largest prison system -- and now to some of America's toughest new media regulations. Reversing a policy in effect for more than two decades, California now allows prison officials to open inmates' correspondence with reporters and forbids journalists to schedule face-to-face interviews with specific inmates, while continuing a prohibition on bringing along paper, pens, tape recorders, or cameras during visiting hours.

 Corrections officials typically say they need the restrictions to maintain security and order, or to manage what has become an avalanche of requests from news organizations, especially the infotainment and tabloid variety. Others fear media feeding frenzies that can turn their most notorious prisoners -- the Jeffrey Dahmers and John Wayne Gacys -- into TV stars.

But journalists, civil libertarians, and prisoners themselves are challenging the restrictions, arguing that they smell more like censorship than security. Jenni Gainsborough of the National Prison Project at the American Civil Liberties Union says prisons "are very overcrowded and conditions are deteriorating. I think corrections [officials] don't want prisoners to get the word out." California's action, in fact, comes at a time when it has been on the losing end of three major lawsuits over prison conditions.

If California's policy withstands its challenges, other states may soon follow suit. Even now, at least seven other states and the Federal Bureau of Prisons also impose restrictions ranging from "no pictures" to "no in-person interviews." The Supreme Court has upheld such policies.

Here are some of the current regulations in effect:

California: Permits interviews with inmates encountered during a random tour of the prison, but bars face-to-face interviews with specific prisoners. Permits officials to open letters to and from journalists. Adopted November 1995.

Idaho: Bars face-to-face interviews with inmates, though exceptions may be granted by the director of the Department of Corrections. No in-person interviews permitted with death-row prisoners. No photographs permitted. Adopted December 1993.

Illinois: Face-to-face interviews with death-row inmates have in the last three years been permitted at the discretion of the director of the Department of Corrections. However, the current director has said he does not plan to grant any.

Indiana: Prohibits infotainment publications and shows from interviewing inmates without the approval of the commissioner of the Department of Corrections. Adopted July 1995.

Mississippi: Bars face-to-face interviews. Adopted January 1991.

Ohio: Restricts infotainment publications and broadcasts unless the director of the Department of Rehabilitation and Corrections makes an exception. Interviews with death-row inmates limited to one every ninety days. Adopted July 1994.

South Carolina: Permits interviews only during visiting hours. Prohibits tape recording or videotaping inmates. Adopted February 1996.

Virginia: Permits face-to-face interviews only at the discretion of the director of the Department of Corrections. Prohibits photos of inmates, but will provide mug shots. Took effect February 1, 1996.

Federal Bureau of Prisons: Under a new anti-terrorism rule, may restrict in-person or phone interviews with inmates when there is "a substantial risk that a prisoner's communications or contacts with persons" could lead to deaths or injuries of people or substantial property damage. Adopted April 1996.

Sources: Association of State Correction- al Administrators; interviews with selected state and federal prison officials.