Seattle-Tacoma Newspaper Guild, Local 82, of American Newspaper Guild, George Sing Louie, Plaintiffs-Intervenors v. Jacob J. Parker, Warden

This appeal presents essentially one question: Does the First Amendment compel the warden of a federal penitentiary to permit individual press interviews with prison inmates by representatives of the news media? Two aspects of the First Amendment are involved. Is the warden in violation of (1) the First Amendment rights of his prisoners or (2) the First Amendment right of press access to the news, when he prohibits press interviews with willing prisoners?

Suit was brought by the Guild (one-half of whose members are newspaper reporters) and two individuals, one of them a free-lance writer. Their complaint sought temporary and permanent injunctions enjoining the appellees from denying the plaintiffs

There had been disruptions in the nature of a prisoner strike at McNeil in 1971 and emergency measures were taken by prison officials to restore order and to prevent recurrences. Members of the Guild sought to interview strike leaders among the more than 1,200 McNeil prisoners and to take statements from prison officials. Some Guild members went to the island by government vessel, accompanied by photographers. They met with Warden Parker, Daggett’s predecessor, and he refused…

(concurring specially).

As I read the record, the court below dismissed the actions on Rule 12(b)(6) grounds and did not, as the majority opinion seems to suggest, resort to nor pass upon the parties’ respective Rule 56 motions for summary judgment.

Had it been necessary for the court to consider the latter motions, then we should reverse, for plaintiffs tendered a number of counter-affidavits setting out facts purporting to support their allegations that the questioned provision of the revised “Policy Statement” of February 11, 1972, violated, and were being applied in a manner that violated, their First Amendment rights. However, upon inspection of those provisions, the conclusion is manifest to me that none of them have, or could have, such an effect. The provisions are narrowly drawn and prohibit specific conduct that would, at least arguably, infringe upon a substantial federal interest in protecting the federal penal system. In short, I am firmly convinced that plaintiffs neither stated, nor could they state, any actionable claim or claims, and that we need not, indeed should not, suggest otherwise.

I concur in the result.

480 F.2d 1062 SEATTLE-TACOMA NEWSPAPER GUILD, LOCAL #82, OF AMERICAN NEWSPAPER GUILD et al., Plaintiffs-Appellants, George Sing Louie et al., Plaintiffs-Intervenors, v. Jacob J. PARKER, Warden, et al., Defendants-Appellees. No. 72-2330. United States Court of Appeals, Ninth Circuit. June 7, 1973. Rehearing Denied July 25, 1973. Croil Anderson (argued), of Schroeter, Jackson, Goldmark & Bender, William H. Neukom (argued), of MacDonald, Hoague & Bayless, Robert Czeisler, Office of Public Defense, Seattle, Wash., Stanley A. Bass of NAACP Legal Defense & Educational Fund, New York City, Joel Benoliel of MacDonald, Hoague & Bayless, Seattle, Wash., for plaintiffs-appellants. Leonard Schaitman, Atty., (argued), Harlington Wood, Jr., Asst. Atty. Gen., Dept. of Justice, Washington, D. C.; Stan Pitkin, U. S. Atty., Albert E. Stephan, Asst. U. S. Atty., Chief, Civil Section, Seattle, Wash., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., for defendants-appellees. Before KOELSCH and WRIGHT, Circuit Judges, and BELLONI, * District Judge. EUGENE A. WRIGHT, Circuit Judge: 1 This appeal presents essentially one question: Does the First Amendment compel the warden of…