The American Civil Liberties Union (ACLU) and ACLU of South Carolina filed a lawsuit against the South Carolina Department of Corrections (SCDC) on Thursday, claiming the department’s ban on news media interviews for incarcerated people violates the First Amendment to the US Constitution.
The department’s policy explicitly prohibits “personal contact interviews” with inmates, and in practice has been used to prevent inmates from speaking to reporters and directly publishing their own writings. The ACLU of South Carolina claimed the policy infringes its First Amendment right to receive and publish incarcerated people’s speech. ACLU Senior Staff Attorney Emerson Sykes stated, “The SCDC’s categorical rule that incarcerated people can never talk to the press or anyone else for the purpose of publication is blatantly unconstitutional. We urge the court to block this law, and defend our right to free speech as soon as possible.”
The SCDC stated last year that inmates were not allowed to do interviews, largely to protect victims’ rights. SCDC said, “The department believes that victims of crime should not have to see or hear the person who victimized them or their family member on the news. Inmates lose the privilege of speaking to the news media when they enter SCDC.”
In response to the lawsuit, SCDC Director of Communications Chrysti Shain stated that imprisoned people are not actually completely banned from speaking to the press and can write letters to anyone they choose. Shain emphasized that the department’s policy to limit such communication is in place to protect victims’ rights and promote safety, claiming the SCDC must “maintain strict control” over inmates’ access to communications to ensure prison security.
The plaintiffs, however, claim the policy “impoverishes public understanding” regarding prison conditions, treatment of LGBTQ+ and other vulnerable prisoners and capital punishment. Legal Director for the ACLU of South Carolina Allen Chaney said, “[The policy] operates to insulate SCDC from real public accountability and to suppress the public’s knowledge about the violence committed against prisoners.”
The ACLU also claimed the SCDC’s policy is the “most restrictive” in the US regarding inmates’ access to media. “This policy is so broad that no court has upheld anything similar,” Sykes stated. Inmates’ ability to interact with the media varies substantially by state. In North Carolina, reporters can interview inmates if the inmate accepts the reporter’s request. According to Scalawag Magazine, however, “access is never guaranteed,” and journalists in North Carolina must follow a “convoluted bureaucratic process” before speaking with the inmates. The Reporters Committee for Freedom of the Press found that many states require the victim to be notified if a journalist’s request to interview a particular prisoner is approved. Alaska, Louisiana and West Virginia even consider a victim’s wishes when evaluating the journalist’s request. Some states also ban face-to-face interviews without the department director’s approval.
