broad, all-inclusive restrictions are placed in effect, it is particularly important for the state to justify the restrictions with solid fact, not surmise. In this instance the Bureau of Prisons has totally failed to meet this burden and the regulation must be condemned. The Bureau's regulation represents a continuing denial of First Amendment rights.
The stay entered by the Supreme Court of the United States, 406 U.S. 912, 92 S. Ct. 1761, 32 L. Ed. 2d 112 (1972), has resulted in a continuing serious suppression of paramount constitutional rights which requires immediate attention. A free press cannot be fostered in an atmosphere that delays publication on matters of current public concern. The Courts have a responsibility to lift pre-publication restraints, not to encourage them, and must adjust their deliberative process accordingly.
Because the first two sentences of paragraph 4(b)(6) of the Bureau of Prisons Policy Statement 1220.1A dated February 11, 1972, prohibiting all interviews by members of the press with inmates in the custody of the Bureau, are in violation of the First Amendment to the Constitution of the United States, and because defendants' denials of permission to plaintiffs to interview identified inmates at the federal correctional institutions in Danbury, Connecticut, and Lewisburg, Pennsylvania, made in reliance on Policy Statement 1220.1A, were in violation of the First Amendment, a new regulation is clearly necessary.
Under the First Amendment, subject only to reasonable restrictions as to time and place, the press has a right of access to interview confidentially and without censorship any inmate of a federal correctional institution who consents to be interviewed, except where it is determined that serious administrative or disciplinary problems are likely to be directly and immediately caused by the particular interview sought. If such rules authorize any exception to the general policy, the exception must be precisely drawn to prohibit an interview only where it can be established as a matter of probability on the basis of actual experience that serious administrative or disciplinary problems are, in the judgment of the prison administrators directly concerned, likely to be directly and immediately caused by the interview because of either the demonstrated behavior of the inmate concerned or special conditions existing at the inmate's institution at the particular time the interview is requested.
In addition to findings of fact and conclusions of law contained in the Court's two Memoranda, the Court makes the following findings of fact by reference to proposed findings filed by the parties:
The Court adopts each of plaintiffs' proposed findings, except Nos. 29 through 46, and No. 51;
The Court adopts each of plaintiffs' proposed conclusions of law.
Defendants' proposed findings of fact and conclusions of law are rejected.
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