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Slamming the Prison Doors on Media Interviews: California's New Regulations Demonstrate the Need for a First Amendment Right to Access to Inmates

Year: 1998
Type: article
Abstract: news stories on the ban were written two months after it took effect.50 Although the new policy represented a departure from then-existing regulations," the Department did not seek to amend those regulations until five months later.52 Department officials said the new policy was put into place as a result of stories that appeared on television and radio programs featuring high-profile inmates, such as cult leader and mass killer Charles Manson and rock-and-roll singer Rick James.5 " According to officials, those stories increased the sale of books written by inmates as well as the sale of other merchandise featuring them.M 4 Representatives of the media denounced the new policy, saying it would curtail the public's knowledge about what goes on inside the state's thirty-three prisons, and would hurt efforts to improve medical and psychiatric treatment of inmates.5 5 Some newspapers argued that the media restrictions actually could threaten prison safety by prompting more reporting based on rumors and innuendo.-6In March 1996, the Department proposed amending state regulations to reflect the new policy.57 It acted pursuant to a statute allowing new regulations to take effect immediately for up to 160 days under the Department's emergency powers.58 The Department proposed amending Title 15 of the California Code of Regulations 50.Ferris, supra note 49, at B3; Taylor, supra note 49, at A25. 51.See CAL.CODEREGS.tit.15, § 3261.5(a)(1995) ("Media representatives may be permitted random or specific person face-to-face interviews with inmates.")(repealed by CAL CODE REGS.tit.15, § 3261.5(a)(1998)).52. See Cal.Regulatory Notice Reg.96, No.
Author: Daniel M. Bernstein
Language: English
Open Access status: green
OpenAlex ID: W2419597811
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