A federal judge has dismissed a lawsuit filed by the American Civil Liberties Union (ACLU) that sought to overturn South Carolina’s prohibition on in-person, on-camera interviews with inmates or the recording of their phone calls for broadcast. The decision has reignited a debate about media access to inmates and prisoners’ free speech rights.
Background of the Lawsuit
The ACLU’s lawsuit was filed on behalf of two inmates: Marion Bowman, a death row inmate, and Sofia Cano, a transgender woman convicted of killing her mother. Both prisoners sought to share their stories with the media, but South Carolina’s Department of Corrections policy prohibits interviews from being recorded or broadcast.
Bowman, convicted of murder in 2001, aims to seek clemency from the governor, while Cano’s case involves claims of denial of proper care for her gender dysphoria. The ACLU argued that such restrictions on inmate interviews hinder public awareness of conditions inside prisons and prevent inmates from telling their stories.
Court Ruling: Government Can Restrict Media Access
In her ruling, federal Judge Jacquelyn Austin stated that the government can impose free speech restrictions in areas it controls that aren’t public. According to the court, the media does not have special rights to access prisoners. The ruling emphasized that South Carolina prisons do allow prisoners to communicate with the press via written letters.
The judge’s decision upholds the nearly 25-year-old policy in the state, which, according to prison officials, was implemented to protect victims and prevent inmates from gaining notoriety through media appearances. The policy also aims to maintain safety by preventing the transmission of coded messages.
Response from the South Carolina Department of Corrections
Chrysti Shain, a spokesperson for the South Carolina Department of Corrections, expressed satisfaction with the ruling. “We stand by our longstanding policy, which allows inmates to answer interview questions in writing. We’re grateful the courts recognized and upheld it,” Shain said in a statement.
While cameras are occasionally allowed inside prisons to cover specific programs—such as job training or inmates recording books for their children—media outlets must follow strict guidelines. In such instances, only first names can be used, and the inmates’ identities, including their faces and tattoos, must not be revealed.
ACLU’s Plans to Appeal the Decision
The ACLU has announced its intent to appeal the ruling, stating that the public has the right to hear from inmates, especially as the state prepares to carry out its first execution in over 13 years. The state is set to execute Marion Bowman, one of the inmates involved in the lawsuit, later this year.
“We continue to believe that South Carolinians deserve to hear what is happening in our prisons, and to hear it from the people experiencing it,” said Allen Chaney, Legal Director of the ACLU of South Carolina.
