NCJ Number
52724
Journal
Criminal Law Bulletin Volume: 4 Issue: 6 Dated: (NOVEMBER-DECEMBER 1978) Pages: 571-576
Date Published
1978
Length
6 pages
Annotation
THE IMPACT OF THE U.S. SUPREME COURT'S DECISION TO LIMIT MEDIA AND PUBLIC ACCESS TO PRISONS AND JAILS IS ASSESSED.
Abstract
IN 1975, TELEVISION STATION KQED, INC., IN SAN FRANCISCO, CALIF., REPORTED THAT APPARENT SUICIDE OF A BLACK PRISONER IN THE SANTA RITA JAIL. THE REPORT INCLUDED AN INTERVIEW WITH ONE OF THE JAIL'S PSYCHIATRISTS WHO STATED THAT POOR CONDITIONS WITHIN THE JAIL WERE RESPONSIBLE FOR THE SERIOUS HEALTH PROBLEMS OF INMATES. WHEN THE PSYCHIATRIST WAS IMMEDIATELY DISMISSED AND OTHER EMPLOYEES DECLINED TO COMMENT, KQED REQUESTED PERMISSION FOR ONE OF ITS FILM CREWS TO VISIT THE JAIL AND TAKE PICTURES OF THE DEATH SCENE. THIS REQUEST WAS DENIED BY A SHERIFF IN CHARGE OF THE FACILITY. THE STATION FILED A COMPLAINT ALLEGING THAT THE SHERIFF VIOLATED THE FIRST ADMENDMENT BY BARRING MEDIA ACCESS AND PREVENTING THE PUBLIC FROM BECOMING INFORMED ABOUT CONDITIONS AND GRIEVANCES AT THE JAIL. THE U.S. DISTRICT COURT RULED IN FAVOR OF THE PRESS. THE SHERIFF APPEALED, AND THE U.S. SUPREME COURT HELD THAT NEWSMEN HAVE NO CONSTITUTIONAL RIGHT OF ACCESS TO PRISONS OR THEIR INMATES BEYOND THAT AFFORDED TO THE GENERAL PUBLIC. AS A RESULT OF THE COURT'S RULING IN HOUCHINS VERSUS KQED, MANY PENAL INSTITUTIONS MAY BE PLACED OFF LIMITS TO ALL OUTSIDERS, REGARDLESS OF CONDITIONS INSIDE. CASE LAW IS CITED. (DEP)