ILNews

Court: media ban does not pass test

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The 7th Circuit Court of Appeals reversed a District Court grant of summary judgment in favor of the defendants, ruling there were genuine issues of fact as to why they denied death row inmates from giving face-to-face interviews with the media.

In David Paul Hammer v. John D. Ashcroft, et al., No. 06-1750, Hammer sued Bureau of Prison officials, including then-Attorney General of the U.S., John Ashcroft, and former wardens of the federal prison in Terre Haute, Harley Lappin and Keith Olson. Hammer, a federal prisoner on death row at the time, claimed his First Amendment and equal protection rights were violated when the prison enforced a policy preventing death row inmates from giving face-to-face interviews with the media and from talking to the media about other inmates.

The defendants moved for summary judgment, arguing the new policy was for the protection of the inmates and security reasons. The District Court granted summary judgment in favor of the defendants.

Hammer was one of the first death row inmates housed at the Special Confinement Unit (SCU) at the federal prison in Terre Haute in 1999. That year, Hammer gave three face-to-face interviews with the media with no issues. In late 2000, Lappin ordered Hammer not to speak about other inmates during media interviews. Hammer was disciplined shortly thereafter for providing information about another inmate but not for giving the interview.

After an interview with SCU inmate Timothy McVeigh aired on national television in 2000, a U.S. senator wrote an angry letter criticizing the Bureau of Prison officials for allowing the McVeigh interview. In April 2001, Ashcroft announced in a press conference that all SCU inmates would not be allowed to have in-person interviews with the media at all and that they may speak only to the media by telephone during their daily 15-minute allotment of phone time. The media policy signed by Lapin at the Terre Haute prison stated these rules applied only to SCU inmates sentenced to death.

The 7th Circuit examined Hammer's appeal by applying a test found in Turner v. Safely, 482 U.S. 78, 84 (1987) - there must be a legitimate governmental interest in justifying the ban; the impact of accommodating the interview on inmates, guards, and other resources; there must be alternative means of exercising the right; and whether there are obvious, easy alternatives to the restriction.

Hammer submitted evidence to show the ban was not a result of prison security, as the officials suggested, but because of outrage over McVeigh's interview. Ashcroft explained his distaste for the content of the interviews given by death row inmates as the reason why the new policy was instituted. Other evidence also supports that there are not alternative means for Hammer to give an interview in person. Lappin stated the ban was to prevent the broadcast of the interview, but does not explain why interviews that are not recorded are banned. Because there are questions of material fact as to why the ban was instituted and whether there are any other outlets for Hammer to access the media, summary judgment in favor of the defendants should not have been granted, wrote Judge Ilana Rovner.

Because there are also issues of material fact on Hammer's equal protection claim, summary judgment should not have been granted on that claim.

The 7th Circuit also addressed Hammer's claims that the District Court erroneously denied his three motions to recruit counsel and his Rule 56(f) motion for continuance. The District Court did not meaningfully consider the complexity of this case and erred in not granting his motion for counsel. The court also abused its discretion in denying his Rule 56(f) motion for a continuance because he did not have counsel to help him specify which documents he needed during the discovery process.

The case is remanded for further proceedings.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

ADVERTISEMENT