HOUCHINS V. KQED
438 U.S. 1 (1978)
NATURE OF THE CASE: The question presented is whether the news media have a
constitutional right of access to a county jail, over and above that of other persons, to
interview inmates and make sound recordings, films, and photographs for publication and
broadcasting by newspapers, radio, and television.
FACTS: KQED reported the suicide of a prisoner in the Greystone portion of the Santa Rita
jail. The report included a statement by a psychiatrist that the conditions at the Greystone
facility were responsible for the illnesses of his patient-prisoners there, and a statement
from petitioner denying that prison conditions were responsible for the prisoners'
illnesses. KQED requested permission to inspect and take pictures within the Greystone
facility and it was refused. KQED and the NAACP filed suit under 42 U.S.C. 1983. They
alleged that petitioner had violated the First Amendment by refusing to permit media access
and failing to provide any effective means by which the public could be informed of
conditions prevailing in the Greystone facility or learn of the prisoners' grievances.
Petitioner announced a visiting program and invited all interested persons to make
arrangements for the regular public tours. News media were given notice in advance of the
public and presumably could have made early reservations. The tours did not include the
disciplinary cells or the portions of the jail known as 'Little Greystone,' the scene of
alleged rapes, beatings, and adverse physical conditions. Photographs of some parts of the
jail were made available, but no cameras or tape recorders were allowed on the tours. Those
on the tours were not permitted to interview inmates, and inmates were generally removed
from view. The District Court preliminarily enjoined petitioner from denying KQED news
personnel and 'responsible representatives' of the news media access to the Santa Rita
facilities, including Greystone, 'at reasonable times and hours' and 'from preventing KQED
news personnel and responsible representatives of the news media from utilizing photographic
and sound equipment or from utilizing inmate interviews in providing full and accurate
coverage of the Santa Rita facilities.' On interlocutory appeal from the District Court's
order, petitioner invoked Pell v. Procunier, where the Supreme Court held that 'newsmen have
no constitutional right of access to prisons or their inmates beyond that afforded to the
general public.' The Court of Appeals rejected petitioner's argument and concluded that the
public and the media had a First and Fourteenth Amendment right of access to prisons and
jails, and sustained the District Court's order.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment