ACLU challenges long-standing policy that bans inmates from media interviews

SOUTH CAROLINA (WCIV) — It's been a month since the American Civil Liberties Union of South Carolina (ACLU) filed a lawsuit against the South Carolina Department of Corrections (SCDC).

The non-profit is challenging the policy banning inmates from conducting media interviews. Its representatives believe this policy goes against the First Amendments rights of those incarcerated. The SCDC has until April 2 to respond to the ACLU.

Read more: South Carolina law enforcement's use of Flock cameras raises privacy issues

The SCDC says the policy is in place for safety concerns. A statement from the SCDC describes how interviews can attract media attention, which could impact the prison's security.

The ACLU officials argues that concern is simply speculation and regardless of if a person is in prison, their rights as a citizen should not be taken away.

"When we arrest and incarcerate somebody in the state, they retain their constitutional rights behind bars and they have insight into what the state is doing to people outside of the view of the public," ACLU Legal Director Allen Chaney said. "The public has no way of knowing what's happening behind bars without providing inmates the right to speak to the press and communicate with the public."

The SCDC policy has been around since 2013 and is in the line of fire because of cases pending before the state Supreme Court.

There are currently 33 inmates on death row in South Carolina. Lawyers representing a few of them argue the state's forms of execution, such as the electric chair and firing squad, are cruel and unusual punishment.

The SCDC says there will be no movement on the issue until a decision is made. Still, the ACLU argues with executions on the table, now is the time to hear directly from the inmates to give them a chance to plea to the public and the government for their life.

"The ACLU of South Carolina is working with Marion Bowman, one of the gentlemen on death row in South Carolina," Chaney said. "He'll be filing a clemency petition with the governor soon."

"I believe in an open line if a stay is lifted," Chaney continued. "It's an urgent matter for Mr. Bowman to be able to communicate with the public, to communicate, why he deserves clemency, why it would be a extreme miscarriage of justice for the state to murder him, and why the state would be worse off if he's executed."

"The only way for the public to really confront Mr. Bowman's humanity and empathy and rehabilitation is to hear from him directly. We're in a position to be able to do that."

Read more: South Carolina bans inmates from in-person interviews. A lawsuit wants to change that

South Carolina is not the only state with restrictions on what is allowed when requesting media interviews and inmates are permitted to write to the press and others, but the ACLU believes South Carolina has one of the strictest bans in place.

More information about what other states require and what their current polices are can be found here.