A lawsuit filed by the American Civil Liberties Union (ACLU) seeks to overturn a long-standing policy that prohibits inmates at South Carolina prisons from communicating with members of the media.
The South Carolina Department of Corrections (SCDC) has one of the strictest prohibitions in the nation regarding media members speaking with inmates, and prohibits anyone, on any topic, and by any means in real time. Interviews are also prohibited. By video or phone. Although correspondence by post is allowed, publication of prisoners’ written speeches is also prohibited.
The ACLU’s lawsuit seeks changes to these policies to preserve “the First Amendment right to receive and publish the speech of incarcerated people.” “
The lawsuit, filed in U.S. District Court in Columbia, South Carolina, “published speeches on several issues of deep public concern, including prison management, prison health care, gender equality, and the appropriateness of the death penalty.” “I’m trying to do that,” he said, referring to the two inmates. The organization’s ability to interview these inmates and publish what they told them is hampered by SCDC’s “overbroad” policy, according to the filing.
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The filing cites recent cases committed by notorious convicted murderers. Alex Murdaugh He had a rough time with prison officials for abusing his access to a state-issued tablet.
Mr. Murdaugh, who was convicted by a Colleton County jury of murdering his wife and second son and sentenced to life in prison, was indicted by the SCDC on August 28, 2023, on charges related to his participation in the trial. . fox nation documentary.
The SCDC press release (.pdf) states, “The charges include providing information that was distributed to media outlets for interviews and making telephone calls using the PIN numbers of fellow inmates. “includes.” “These charges violate SCDC’s inmate interview policy and our policy against sharing PIN numbers by inmates.”
An incident report accompanying the release states that Murdaugh “deliberately and intentionally abused his telephone privileges to communicate with the news media for his own benefit.”
According to the agency, SCDC’s policies are “rooted in victims’ rights,” and specifically that “crime victims need to see and hear about their victimizers and their families on the news.” The belief is that there is no such thing.
“Once an inmate enters the SCDC, they lose the privilege of speaking to the media,” the release states.
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As a result of this violation, Mr. Murdaugh’s tablet and phone privileges were immediately revoked. In addition to the sanctions Mr. Murdaugh received, the SCDC also sent a letter to Mr. Murdaugh’s attorney: jim griffeyntold him that his actions related to the violation were prohibited by SCDC policy and that future abuse “could put him at risk.” [Griffin’s] telephone communication with [Murdaugh]”
The ACLU’s lawsuit notes the widely publicized sanctions suffered by SCDC’s most famous inmates, but argues that the SCDC’s ban has a broader impact on less famous inmates as well. did.
among them? marion bowman jr.
Bowman, currently on death row for the 2001 shooting death of a young mother in Orangeburg, South Carolina, has exhausted his appeals and post-conviction arguments and is currently preparing a petition for administrative clemency. ing.
As part of its mission, the ACLU advocates for the abolition of the death penalty and improved prison conditions. In that capacity, the company says it will work with Bowman to “help promote his case, his petition for clemency, and his experiences on South Carolina’s death row.”
The ACLU can meet with Bowman via phone, video call or in person, but cannot publish his story in his own words.
“story about Marion Bowman, the story he tells about his case and life in prison, is not functionally equivalent to a story. by Marion Bowman,” the complaint states.
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In a statement to this media, an SCDC spokesperson said: Christy Shane Supported the authorities’ ban.
“SCDC allows inmates to write letters to the press, family members, or anyone of their choosing,” Shain said. “Paper, envelopes, and stamps are also provided to indigent inmates. This is a well-documented, long-standing policy and practice.”
“However, when inmates are interviewed, media attention can increase their notoriety and raise prison security concerns,” she added. “(This) could lead to safety and other safety issues for that inmate.”
Among those concerns, Schein cited institutional safety.
“Allowing in-person media interviews creates opportunities for inmates to manipulate or deceive the media, potentially jeopardizing the safety of the facility,” she said. “Prisoners may provide false information, make threats, or exploit vulnerabilities within the system, which can cause anxiety among people in prison or pose a risk to public safety. It’s even possible. Direct interviews by the media could inadvertently reveal sensitive information about prison operations, security procedures, or even the identity of prison staff or informants. This information could be damaging to the prison system. It can be misused by individuals who want to give away or threaten the safety of inmates or staff.”
Shein also noted the impact that in-person interviews would have on an already strained staffing situation, noting that “a large number of staff would be required to adequately supervise, adding to the strain on already extended staff tributes.” It will be cancelled,” he said.
Stay tuned to this outlet to keep viewers updated as this case is heard in federal court…
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About the author…
jen wood FITSNews’ incomparable research director. She is also the producer of FITSFiles and Cheer Incorporated. podcast Murdaugh/Leading authority on all matters related to the South Carolina Judiciary. Jen Wood, a former private investigator with a criminal justice degree, is far from your average journalist. Let those who do evil beware. He is a thorough researcher with a passion for the truth and compassion for victims. The mother of two is truly a superhero in the land of FITSNews. Did I mention she’s married to a rocket scientist? (Lucky one!) Have a story idea or tip for Jenn? Email [email protected]..
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