CONSTITUTIONAL LAW - FIRST AMENDMENT - NINTH CIRCUIT HOLDS PRESS ENTITLED TO GREATER ACCESS TO PRISON THAN THAT AFFORDED GENERAL PUBLIC

• NCJ Number: 42662
• Journal: Fordham Law Review Volume: 45 Issue: 6 Dated: (MAY 1977) Pages: 1524-1534
• Author(s): M A WIRTH
• Date Published: 1977
• Length: 11 pages
• Corporate Author: Fordham University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN KQED, INC V. HOUCHINS (1977), THE COURT HELD ON APPEAL THAT THE PRESS' RIGHT TO GATHER NEWS HAD BEEN DENIED BY THE ALAMEDA COUNTY (CA) SHERIFF'S POLICY OF RESTRICTING MEDIA ACCESS TO LIMITED MONTHLY PUBLIC TOURS.

Abstract

IT ALSO AFFIRMED THE DISTRICT COURT'S PRELIMINARY INJUNCTION RESTRAINING THE APPELLANT FROM EXCLUDING 'RESPONSIBLE REPRESENTATIVES OF THE NEWS MEDIA' FROM THE SANTA RITA JAIL, AND HELD THAT THE GREATER ACCESS PROVISIONS OF THE INJUNCTION DID NOT CONSTITUTE AN ABUSE OF DISCRETION BY THE DISTRICT COURT. THE BACKGROUND DATA ON THIS CASE IS PRESENTED ALONG WITH A REVIEW OF OTHER JUDICIAL DECISIONS ON THE RIGHT OF THE MEDIA TO GATHER NEWS. HIGHLIGHTED IS THE 1974 CASE OF PELL V. PROCUNIER, IN WHICH THE SUPREME COURT UPHELD THE CONSTITUTIONALITY OF A CALIFORNIA DEPARTMENT OF CORRECTIONS REGULATION PROHIBITING INTERVIEWS WITH INMATES SPECIFICALLY DESIGNATED BY NEWSMEN IN ADVANCE ON THE GROUNDS THAT IT DENIED ONLY A NEWSGATHERING OPPORTUNITY BEYOND THAT AFFORDED THE GENERAL PUBLIC....ELW