houchins kqed argued november decided june respondent broadcasting company kqed refused permission inspect take photographs portion little greystone county jail prisoner suicide reportedly occurred conditions assertedly responsible prisoners problems respondents brought action petitioner supervised jail claiming deprivation first amendment rights thereafter petitioner announced program regular monthly tours open public including media reporters parts jail including little greystone cameras tape recorders allowed tours interviews inmates persons including members media knew prisoner jail visit district preliminarily enjoined petitioner denying kqed news personnel responsible news media representatives reasonable access jail including little greystone preventing using photographic sound equipment conducting inmate interviews appeals affirmed held judgment reversed case remanded pp reversed remanded chief justice joined justice white justice rehnquist concluded neither first amendment fourteenth amendment provides right access government information sources information within government control news media constitutional right access county jail persons interview inmates make sound recordings films photographs publication broadcasting newspapers radio television pell procunier saxbe washington post pp public importance conditions penal facilities media role providing information afford basis reading constitution right public media enter institutions gather information take pictures broadcast purposes first amendment guarantee right access sources information within government control grosjean american press mills alabama cases relied upon respondents concerned freedom press communicate information already obtained neither grosjean mills indicated constitution compels government provide press information pp whether government open penal institutions manner sought respondents matter legislative judicial resolution pp justice stewart agreeing constitution assure public press equal access information generated controlled government government opened doors concluded terms access reasonably imposed individual members public may impede effective reporting without sufficient justification unreasonable applied journalists jail convey general public visitors see kqed thus clearly entitled preliminary relief district order requiring petitioner permit reporters little greystone facility requiring let interview randomly encountered inmates respects injunction gave press access areas sources information persons public tours excluded thus enlarging scope opened public view pp kelvin booty argued cause petitioner briefs richard moore william bennett turner argued cause respondents brief jack greenberg james nabrit iii stanley bass briefs amici curiae urging affirmance filed christopher fager william mullen james cregan national newspaper assn et al daniel stewart chief justice burger announced judgment delivered opinion justice white justice rehnquist joined question presented whether news media constitutional right access county jail persons interview inmates make sound recordings films photographs publication broadcasting newspapers radio television petitioner houchins sheriff alameda county controls access alameda county jail santa rita respondent kqed operates licensed television radio broadcasting stations frequently reported newsworthy events relating penal institutions san francisco bay area march kqed reported suicide prisoner greystone portion santa rita jail report included statement psychiatrist conditions greystone facility responsible illnesses statement petitioner denying prison conditions responsible prisoners illnesses kqed requested permission inspect take pictures within greystone facility permission refused kqed alameda oakland branches national association advancement colored people naacp filed suit alleged petitioner violated first amendment refusing permit media access failing provide effective means public informed conditions prevailing greystone facility learn prisoners grievances public access information essential asserted order naacp members participate public debate jail conditions alameda county asserted television coverage conditions cells facilities effective way informing public prison conditions complaint requested preliminary permanent injunction prevent petitioner excluding kqed news personnel greystone cells santa rita facilities generally preventing full accurate news coverage conditions prevailing therein june complaint filed appears formal policy regarding public access santa rita jail however according petitioner process planning program regular monthly tours since took office six months earlier july announced program invited interested persons make arrangements regular public tours news media given notice advance public presumably made early reservations six monthly tours planned funded county estimated cost first six scheduled tours filled within week july announcement kqed reporter several reporters first tour july tour limited persons permitted limited access jail tours include disciplinary cells portions jail known little greystone scene alleged rapes beatings adverse physical conditions photographs parts jail made available cameras tape recorders allowed tours tours permitted interview inmates inmates generally removed view support request preliminary injunction respondents presented testimony affidavits stating penal complexes permitted media interviews inmates substantial media access without experiencing significant security administrative problems contended monthly public tours santa rita failed provide adequate access jail two reasons scheduled tours filled media representatives signed access unable cover newsworthy events jail prohibition photography tape recordings exclusion portions jail tours practice keeping inmates generally removed view substantially reduced usefulness tours media response petitioner admitted santa rita never experimented permitting media access beyond already allowed claim disruption caused media access institutions asserted however unregulated access media infringe inmate privacy tend create jail celebrities turn tend generate internal problems undermine jail security also contended unscheduled media tours disrupt jail operations petitioner filed affidavit noting various means information concerning jail reach public attached affidavit current prison mail visitation phone call regulations regulations allowed inmates send unlimited number letters judges attorneys elected officials attorney general petitioner jail officials probation officers sealed prior mailing letters subject inspection contraband regulations provided inmate mail read exceptions persons including representatives media knew prisoner visit media reporters interview inmates awaiting trial consent inmate attorney district attorney social services officers permitted contact relatives community agencies employers phone assist counseling inmates vocational educational personal problems inmates free make unmonitored collect telephone calls designated areas jail without limit considering testimony affidavits documentary evidence presented parties district preliminarily enjoined petitioner denying kqed news personnel responsible representatives news media access santa rita facilities including greystone reasonable times hours preventing kqed news personnel responsible representatives news media utilizing photographic sound equipment utilizing inmate interviews providing full accurate coverage santa rita facilities district rejected petitioner contention media policy effect necessary protect inmate privacy minimize security administrative problems found testimony officials involved jails indicated flexible press policy santa rita desirable attainable district concluded respondents demonstrated irreparable injury absence adequate remedy law probability success merits favorable public interest balance hardships favor interlocutory appeal district order petitioner invoked pell procunier held newsmen constitutional right access prisons inmates beyond afforded general public contended district departed pell abused discretion ordered give media greater access jail gave general public appeals rejected petitioner argument pell saxbe washington post controlling concluded albeit three separate opinions public media first fourteenth amendment right access prisons jails sustained district order ii notwithstanding holding pell procunier supra respondents assert right recognized appeals flows logically decisions construing first amendment argue constitutionally guaranteed right gather news pell procunier supra branzburg hayes right gather news right receive information argue implied special right access sources information right contend compels access constitutional matter respondents suggest support implicit first amendment right language grosjean american press mills alabama notes importance informed public safeguard misgovernment crucial role media providing information respondents contend public access penal institutions necessary prevent officials concealing prison conditions voters impairing public right discuss criticize prison system administration iii agree many respondents generalized assertions conditions jails prisons clearly matters great public importance pell procunier supra penal facilities public institutions require large amounts public funds mission crucial criminal justice system person placed prison becomes effect ward state society assumes broad responsibility equally true greater information public intelligently form opinions prison conditions beyond question role media important acting eyes ears public powerful constructive force contributing remedial action conduct public business served function since beginning republic like components society media representatives subject limits media substitute adjunct government like courts ill equipped deal problems prison administration cf procunier martinez must confuse role media government special crucial functions complementing sometimes conflicting public importance conditions penal facilities media role providing information afford basis reading constitution right public media enter institutions camera equipment take moving still pictures inmates broadcast purposes never intimated first amendment guarantee right access sources information within government control rationale decisions upon respondents rely lead implication right grosjean american press supra mills alabama supra emphasized importance informed public opinion traditional role free press source public information analysis cases reveals concerned freedom media communicate information obtained neither case intimated constitution compels government provide media information access demand grosjean involved challenge state tax advertising revenues newspapers plain purpose penalize publishers curtail publication selected group newspapers summarized familiar important history attempts prevent criticism crown england infamous licensing requirements special taxes press concluded first amendment designed prevent similar restrictions form previous restraint upon printed publications circulation discussing importance untrammeled press grosjean readily acknowledged need informed public opinion restraint upon misgovernment also criticized tax issue limited circulation information public entitled ibid nothing holding implied special privilege access information distinguished right publish information obtained grosjean dealt government attempts burden restrain newspaper communication public reference public entitlement information meant government restrain communication whatever information media acquire elect reveal cf landmark communications virginia mills involved statute making crime publish editorial election issues election day striking statute noted major purpose first amendment protect free discussion governmental affairs also discussed role media powerful antidote abuses power governmental officials constitutionally chosen means keeping officials elected people responsible people selected serve grosjean however remotely imply constitutional right guaranteeing anyone access government information beyond open public generally branzburg hayes supra offers even less support respondents position observation dictum news gathering without first amendment protections sense implied constitutional right access news sources observation must read context response contention forcing reporter disclose grand jury information received confidence violate first amendment deterring news sources communicating information undoubted right gather news source means within law affords basis claim first amendment compels others private persons governments supply information assumed branzburg first amendment right access information manifest statements first amendment guarantee press constitutional right special access information available public generally ewsmen constitutional right access scenes crime disaster general public excluded fact relied upon zemel rusk branzburg pell supra negates notion first amendment confers right access news sources appellant zemel made essentially argument respondents advance contended ban travel cuba effect interfered first amendment right acquaint effects government foreign domestic policies conditions cuba might affect policies chief justice warren writing flatly rejected contention first amendment right stake stating restrictions action clothed ingenious argument garb decreased data flow example prohibition unauthorized entry white house diminishes citizen opportunities gather information might find relevant opinion way country run make entry white house first amendment right right speak publish carry unrestrained right gather information emphasis added iv respondents argument flawed lacks precedential support contrary statements opinions also invites involve clearly legislative task constitution left political processes whether government open penal institutions manner sought respondents question policy legislative body might appropriately resolve one way number alternatives available prevent problems penal facilities escaping public attention early penal reform movements country england gained impetus result reports citizens visiting committees volunteered received commissions visit penal institutions make reports see eriksson reformers djurklou translation crawford report penitentiaries app ed mckelvey american prisons citizen task forces prison visitation committees continue play important role keeping public informed deficiencies prison systems need reforms grand juries potent subpoena power available media traditionally concern conditions public institutions prosecutor judge may initiate similar inquiries legislative power embraces arsenal weapons inquiry relating institutions case public bodies generally compelled publish findings default power media always available generate public pressure disclosure choice effective appropriate method policy decision resolved legislative decision must confuse good desirable expedient constitutionally commanded first amendment trivialize constitutional adjudication unarticulated implicit assertion media access jail essential informed public debate jail conditions assumption media personnel best qualified persons task discovering malfeasance public institutions assumption finds support decisions first amendment editors newsmen inspect jail may decide publish publish information acquire cf columbia broadcasting system democratic national committee miami herald publishing tornillo note rights public press gather information harv rev public bodies public officers hand may coerced public opinion disclose might prefer conceal comparable pressures available anyone compel publication media might prefer make known discernible basis constitutional duty disclose standards governing disclosure access information constitution affords guidelines absent statutory standards hundreds judges appeals approach large fashion ad hoc standards individual cases according ideas seems desirable expedient therefore reject appeals conclusory assertion public media first amendment right government information regarding conditions jails inmates presumably public facilities hospitals mental institutions constitutional right access particular government information require openness bureaucracy citing pell procunier supra public interest knowing government protected guarantee free press protection indirect constitution neither freedom information act official secrets act constitution words establishes contest resolution congress may provide resolution least instances carefully drawn legislation rest must rely often system must tug pull political forces american society stewart press hastings moreover california statutes currently provide prison board corrections authority inspect jails prisons must provide public report regular intervals cal penal code ann west supp health inspectors required inspect prisons provide reports number officials including state attorney general board corrections cal health safety code ann west fire officials also required inspect prisons cal admin code following reports suicide jail involved county board supervisors called report county administrator held public hearing report open media called reports initial report failed describe conditions cells greystone portion jail neither first amendment fourteenth amendment mandates right access government information sources information within government control holdings pell procunier supra saxbe washington post supra political branches decree otherwise free media special right access alameda county jail different greater accorded public generally judgment appeals reversed case remanded proceedings reversed remanded footnotes true inmates lose many rights lawfully confined lose civil rights see wolff mcdonnell cases cited therein inmates jails prisons mental institutions retain certain fundamental rights privacy like animals zoo filmed photographed public media reporters however educational process may others persons parole released state prison visit without approval commanding officer persons released santa rita courthouse jail within certain period time also required obtain approval visit commanding officer see relied upon near minnesota ex rel olson recently organization better austin keefe concepts reaffirmed see also nebraska press assn stuart miami herald publishing tornillo see behind bars aba report young lawyers section prison visitation program case citizen participation experiment relations federal probation final report ohio citizens task force corrections report illinois subcommittee penal institutions legislative visit examine state institutions massachusetts governor task force correctional industries final report california correctional system study final report california board corrections july freedom information act ed example result legislative decisions justice stewart concurring judgment agree preliminary injunction issued petitioner unwarranted therefore concur judgment view however kqed entitled injunctive relief limited scope first fourteenth amendments guarantee public right access information generated controlled government guarantee press basic right access superior public generally constitution assure public press equal access government opened doors accordingly agree substantially opinion chief justice say score part company however applying abstractions facts case whereas appears view equal access meaning access identical respects believe concept equal access must accorded flexibility order accommodate practical distinctions press general public assignment journalist tour jail simply edification gather information passed others mission protected constitution specific reasons enlightened choice informed citizenry basic ideal upon open society premised branzburg hayes dissenting opinion society depends heavily press enlightenment though without lapses press mighty catalyst awakening public interest governmental affairs exposing corruption among public officers employees generally informing citizenry public events occurrences estes texas see mills alabama grosjean american press first amendment speaks separately freedom speech freedom press constitutional accident acknowledgment critical role played press american society constitution requires sensitivity role special needs press performing effectively person touring santa rita jail grasp reality eyes ears television reporter convey jail sights sounds personally visit place must use cameras sound equipment short terms access reasonably imposed individual members public may impede effective reporting without sufficient justification unreasonable applied journalists convey general public visitors see principles kqed clearly entitled form preliminary injunctive relief time district decision members public permitted visit parts santa rita jail first fourteenth amendments required sheriff give members press effective access areas sheriff evidently assumed fulfill obligation simply allowing reporters sign tours terms public think mistaken assumption matter constitutional law district found press required access jail flexible frequent basis scheduled monthly tours keep public informed leaving specific methods implementing policy sheriff houchins concluded press allowed access jail reasonable times hours without causing undue disruption district also found media required cameras recording equipment effective presentation viewing public conditions jail seen individual visitors use kept consistent institutional needs elements order sanctioned constitution amply supported record two respects however district preliminary injunction overbroad ordered sheriff permit reporters little greystone facility required let interview randomly encountered inmates respects injunction gave press access areas sources information persons public tours excluded thus enlarged scope sheriff supervisors opened public view district erred concluding first fourteenth amendments compelled broader access press preliminary injunction exceeded requirements constitution respects agree judgment appeals affirming district order must reversed foreclose possibility relief kqed remand view availability scope future permanent injunctive relief must depend upon extent access permitted public decree must framed accommodate equitably constitutional role press institutional requirements jail forces factors constitution must determine data made available public see new york times concurring opinion justice stevens justice brennan justice powell join dissenting holds scope press access santa rita jail required preliminary injunction issued petitioner inconsistent holding pell procunier newsmen constitutional right access prisons inmates beyond afforded general public therefore injunction abuse district discretion respectfully disagree respondent kqed televised number programs prison conditions prison inmates reporters granted access various correctional facilities san francisco bay area including san quentin state prison soledad prison san francisco county jails san bruno san francisco prepare program material taken cameras recording equipment inside walls institutions interviewed inmates disturbances problems occurred occasions kqed also reported newsworthy events involving alameda county jail santa rita including newscast reporting decision district finding shocking debasing conditions prevailed santa rita constituted cruel unusual punishment man beast matter law march kqed reported suicide prisoner greystone portion santa rita jail program also carried statement psychiatrist assigned santa rita effect conditions greystone facility responsible illnesses inmates petitioner disagreement conclusion reported newscast kqed requested permission visit photograph area jail suicide occurred petitioner refused advising kqed policy permit access jail news media policy also invoked petitioner deny subsequent requests access jail order cover news stories conditions alleged incidents within facility except carefully supervised tour news media completely excluded inner portions santa rita jail action commenced moreover prison rules provided outgoing mail except letters judges lawyers inspected rules also prohibited mention outgoing correspondence names actions correctional officers respondents kqed alameda oakland branches national association advancement colored people filed complaint equitable relief june complaint alleged petitioner provided means public may informed conditions prevailing greystone prisoners grievances may reach public alleged petitioner policy denying kqed public access jail facility violated first fourteenth amendments constitution requested enjoin petitioner excluding kqed news personnel greystone cells santa rita facilities generally preventing full accurate news coverage conditions prevailing therein app complaint respondents filed motion preliminary injunction supported affidavits representatives news media sheriff san francisco county attorney respondents affidavits news media representatives sheriff described news coverage penal institutions uniformly expressed opinion coverage harmful consequences fact served significant public purpose letter county board supervisors dated two days suit instituted petitioner proposed pilot public tour program suggested monthly tours persons first tentatively scheduled july tours however include cell portions greystone allow use cameras communication inmates board approved six tours petitioner filed answer supporting affidavit explaining refused kqed access jail identifying recent changes policy regarding access jail communication inmates persons outside petitioner stated kqed request granted felt obligated honor similar requests representatives press disrupted mealtimes exercise times visiting times appearances inmates pointed mail regulations recently amended delete prohibition mentioning names actions correctional officers respect scope proposed tours petitioner explained use cameras prohibited possible prevent persons cameras photographing inmates security operations moreover communication inmates permitted excessive time consumption problems control inmates visitors belief interviewing excessively unwieldy evidentiary hearing motion preliminary injunction held first four guided tours taken place evidence revealed inadequacy tours means obtaining information inmates conditions confinement transmission public tours failed enter certain areas jail afforded opportunity photograph conditions within facility photographs county offered sale tour visitors omitted certain jail characteristics catwalks cells guards observe inmates tours provided opportunity question randomly encountered inmates jail conditions indeed extent possible inmates kept sight tour preventing tour visitors obtaining realistic picture conditions confinement within jail addition fixed scheduling tours prevented coverage newsworthy events jail importance remaining tours completely booked assurance tour conducted december district found kqed access jail broad restraints access required legitimate penological interests district thereafter issued preliminary injunction enjoining petitioner denying kqed news personnel responsible representatives news media access santa rita facilities including greystone reasonable times hours preventing representatives utilizing photographic sound equipment utilizing inmate interviews providing full accurate coverage santa rita facilities however recognized petitioner determine specific means implementing order event retain right deny access jail tensions special circumstances require exclusion appeals ninth circuit affirmed holding district abuse discretion framing preliminary injunction review justice rehnquist acting circuit justice stayed mandate opinion stay application fairly stated legal issue subsequently granted certiorari decide legal issue raised applicant petition certiorari seems quite clear greater access doctrine pell procunier saxbe washington post applies case appeals district wrong injunction abuse discretion hand holding pell viewed impliedly limited situation already existed substantial press public access prison pell saxbe necessarily dispositive review propriety injunction light cases appropriate although necessary litigation grew petitioner refusal allow representatives press access inner portions santa rita facility following refusals institution suit certain remedial action taken petitioner mail censorship relaxed experimental tour program initiated preliminary matter therefore necessary consider relevance actions march question whether constitutional violation occurred well settled defendant corrective action anticipation litigation following commencement suit deprive power decide whether previous course conduct unlawful see grant cases cited propriety exercise power case apparent suit filed public tours petitioner enforced policy virtually total exclusion public press areas within santa rita jail inmates confined time petitioner also enforced policy reading inmate correspondence addressed persons lawyers judges censoring portions related conduct guards controlled daily existence prison policy well prison walls significantly abridged opportunities communication information conditions confinement santa rita facility public therefore even constitutional violation access policies adopted petitioner following commencement litigation effect along appropriate district decide whether restrictive rules effect kqed first requested access constitutional pell procunier stated newsmen constitutional right access prisons inmates beyond afforded general public never intimated nondiscriminatory policy excluding entirely public press access information prison conditions avoid constitutional scrutiny indeed pell strongly suggests contrary case representatives press claimed right interview specifically designated inmates evaluating claim simply inquire whether prison officials allowed members general public conduct interviews rather canvassed opportunities already available public press acquire information regarding prison inmates found policy prohibiting interviews inmates specifically designated press part attempt state conceal conditions prisons challenged restriction access imposed experience revealed interviews posed disciplinary problems isolated limitation efforts press gather information conditions background record demonstrated press general public accorded full opportunities observe prison conditions considered constitutionality single restraint access challenged pell decision pell therefore imply state policy concealing prison conditions press policy denying press opportunity observe conditions justified simply pointing like concealment denial general public true need emphasize substantial press public access reflected record case pell indicate question whether respondents established probability prevailing constitutional claim inseparable question whether petitioner policies unduly restricted opportunities general public learn conditions confinement santa rita jail pell assessing adequacy total access public press must considered broad restraints access information regarding operation jail prevailed date suit instituted plainly disclosed record public press consistently denied access portions santa rita facility inmates confined excessive censorship inmate correspondence petitioner policy modified wake respondents resort courts survive constitutional scrutiny constitution affords protection public right informed conditions within public institutions members confined charged found guilty criminal offenses ii preservation full free flow information general public long recognized core objective first amendment constitution reason first amendment protects dissemination also receipt information ideas see virginia pharmacy board virginia citizens consumer council procunier martinez kleindienst mandel thus procunier martinez supra invalidated prison regulations authorizing excessive censorship outgoing inmate correspondence censorship abridged rights intended recipients see also morales schmidt petitioner prelitigation prohibition mentioning conduct jail officers outgoing correspondence must considered impingement noninmate correspondent interest receiving intended communication addition safeguarding right one individual receive another elects communicate first amendment serves essential societal function system assumes existence informed citizenry madison wrote popular government without popular information means acquiring prologue farce tragedy perhaps knowledge forever govern ignorance people mean governors must arm power knowledge gives writings james madison hunt ed reason information gathering entitled measure constitutional protection see branzburg hayes pell procunier decisions clearly indicate however protection private benefit might qualify representatives press insure citizens fully informed regarding matters public interest importance grosjean american press representatives press challenged state tax advertising revenues newspapers words issue raised tax went heart natural right members organized society common good impart acquire information common interests opinion described long struggle england stamp tax tax advertisements taxes knowledge adoption taxes dominant controlling aim prevent curtail opportunity acquisition knowledge people respect governmental affairs aim struggle taxes establish preserve right english people full information respect doings misdoings government upon correctness conclusion characterization exactions taxes knowledge sheds flood corroborative light ultimate informed enlightened public opinion thing stake ince informed public opinion potent restraints upon misgovernment suppression abridgement publicity afforded free press regarded otherwise grave concern tax involved bad light history present setting seen deliberate calculated device limit circulation information public entitled virtue constitutional guaranties contrast restrictions access inner portions santa rita jail existed date litigation commenced concealed general public conditions confinement within facility question whether petitioner policies cut flow information source abridged public right informed conditions answer question depend upon degree public disclosure attend operation governmental activity matters involve questions policy generally must resolved political branches government moreover unquestionably occasions governmental activity may properly carried complete secrecy example public press commonly excluded grand jury proceedings conferences meetings official bodies gathered executive session branzburg hayes pell procunier addition functions government essential protection public indeed country vital interests necessarily require large measure secrecy subject appropriate legislative oversight situations reasons withholding information public apparent legitimate case however espondents assert right force disclosure confidential information invade way decisionmaking processes governmental officials simply seek end petitioner policy concealing prison conditions public conditions wholly without claim confidentiality prison officials interest time manner public acquisition information institutions administer legitimate penological justification concealing citizens conditions fellow citizens confined reasons militate favor providing special protection flow information public prisons relate unique function perform democratic society public institutions financed public funds administered public servants integral component criminal justice system citizens confined therein temporarily sometimes permanently deprived liberty result trial must conform dictates constitution express command sixth amendment proceeding must public trial important trial fair also community large confidence integrity proceeding public interest survives judgment conviction appropriately carries interest convicted person treated period punishment rehabilitation ward state subject stern discipline retains constitutional protections cruel unusual punishment see estelle gamble protection may derive practical support access information prisons public occasional litigation busy inmates santa rita substantial number pretrial detainees though confined pending trial convicted offense society entitled presumption innocence certain penological objectives punishment deterrence rehabilitation legitimate regard convicted prisoners inapplicable pretrial detainees society special interest ensuring unconvicted citizens treated accord status case record demonstrates public press consistently denied access inner portions santa rita jail excessive censorship inmate correspondence valid justification broad restraints flow information affirmative answer question whether respondents established likelihood prevailing merits depend final analysis right press special treatment beyond accorded public large rather probable existence constitutional violation rested upon special importance allowing democratic community access knowledge servants treating members committed custody official prison policy concealing knowledge public arbitrarily cutting flow information source abridges freedom speech press protected first fourteenth amendments constitution iii preliminary injunction entered district granted relief kqed without providing specific remedy members public moreover imposed duties petitioner may required constitution injunction abuse discretion either reasons litigant prove suffered specific harm application unconstitutional policy entirely proper grant relief tailored needs without attempting redress mischief policy may worked others though public press equal right receive information ideas different methods remedying violation right may sometimes needed accommodate special concerns one preliminary relief therefore appropriately awarded kqed basis proof affected challenged policy without also granting specific relief general public indeed since adversary system contemplates adjudication specific controversies specific litigants improper district attempt provide remedy persons requested separate relief accordingly even though constitution provides press greater right access information possessed public large preliminary injunction invalid simply awards special relief successful litigant representative press anything novel injunctive relief goes beyond mere prohibition repetition previous unlawful conduct situations numerous varied chancellor required wrongdoer take affirmative steps eliminate effects violation law even though law imposes duty take remedial action decreed follows prison regulations policies unconstitutionally suppressed information interfered communication violation first amendment district power require least temporarily channels communication opened widely law otherwise require order let relevant facts may concealed come light whether final relief along lines preliminary awarded case aptly tailored remedy consequences constitutional violation milliken bradley perfectly clear power enter injunction broader mere prohibition illegal conduct appeals found reason question specific preliminary relief ordered district appropriate review scope order order preliminary character subject revision litigation reached final conclusion affirm judgment appeals see brenneman madigan supp nd cal based personal visit facility judge zirpoli reached inescapable conclusion greystone razed ground psychiatrist discharged telecast access denied example cover stories alleged gang rapes poor physical conditions within jail tr recent escapes jail previous sheriff conducted one press tour attended reporters cameramen facility freshly scrubbed tour reporters forbidden ask question inmates encountered app naacp alleged special concern conditions santa rita prisoner population jail disproportionately black members naacp depend public media keep informed conditions meaningfully participate current public debate jail conditions alameda county complaint since special relief requested granted naacp parties focused claim kqed sheriff master degree criminology university california berkeley years experience law enforcement san francisco police department sheriff general supervision control jail facilities san francisco expressed opinion based education experience law enforcement jail administration programs make important contribution public understanding jails jail conditions opinion jails public institutions public right know done tax dollars spent jail facilities programs app contrast floodgate concerns expressed petitioner information officer san quentin testified liberalization access rules institution media requests enter facility actually declined tr testimony may suggest mere existence inflexible access barriers generates concern conditions within closed institution require especially close scrutiny app tour include little greystone subject reports beatings rapes poor conditions disciplinary cells also photos women cells safety cell disciplinary cells interior little greystone addition photograph dayroom omits television monitor maintains continuous observation inmates open urinals sheriff houchins admitted santa rita never experimented liberal press policy presently existence record press disturbances furthermore sheriff recollection hearing disruption caused media penal institutions nevertheless sheriff houchins stated feared invasion inmates privacy creation jail celebrities threats jail security result liberal press policy fears groundless convincing testimony offered fears substantially allayed inmates privacy media representatives commonly obtain written consent inmates interviewed photographed coverage inmates never provided without full agreement detainees harmed publicity consent obtained inmates also counsel jail celebrities likely emerge result random interview policy regarding jail security cameras equipment brought jail searched sheriff houchins expressed concern photographs electronic locking devices enlarged studied order facilitate escape plans admitted inmates study sketch locking devices importantly substantial testimony effect ground rules laid jail administrators ban photographs security devices consistently respected media thus upon reviewing evidence concerning present media policy santa rita finds plaintiffs demonstrated irreparable injury absence adequate remedy law probability success merits favorable public interest balance hardships must struck plaintiffs favor app moreover along power decide merits power grant injunctive relief survives discontinuance illegal conduct duty courts beware efforts defeat injunctive relief protestations repentance reform especially abandonment seems timed anticipate suit probability resumption oregon medical district issued preliminary injunction assurance experimental public tours continue beyond next month thus certainly reasonable assume absent injunctive relief access inner portions santa rita facility soon reduced prelitigation level thus suit filed existed opportunity outsiders observe living conditions inmates santa rita mail regulations prohibited statements character treatment prisoners correctional officers agree petitioner inmates visitation telephone privileges reasonable alternative means informing public large conditions within santa rita neither offered opportunity observe conditions even member general public representative press fortunate enough obtain name inmate visit access facility included inmate place confinement jail regulations indicate inmate portion jail may enlist aid social service officers telephone press members general public complain conditions confinement app even inmate may make collect telephone calls unlikely member general public representative press accept charges especially without prior knowledge call communicative purpose although sentenced prisoners may interviewed circumstances pretrial detainees may according petitioner interviewed consent inmate defense counsel prosecutor order interview take place outside confines jail requirement order makes patently inadequate means keeping public informed jail inmates finally petitioner suggests willingness provide press information regarding release prisoners according petitioner permit interviews former prisoners regarding conditions recent confinement informal offer apparently made response respondents lawsuit moreover fails afford public opportunity observe conditions confinement hence means available time suit instituted informing general public conditions santa rita jail practical matter nonexistent zemel rusk said right speak publish carry unrestrained right gather information emphasis added question significance free speech press assembly country welfare suggested news gathering qualify first amendment protection without protection seeking news freedom press eviscerated department corrections regularly conducts public tours prisons benefit interested citizens addition newsmen permitted visit maximum security minimum security sections institutions stop speak subject inmates might encounter security considerations permit corrections personnel step aside permit interviews confidential apart general access parts institutions newsmen also permitted enter prisons interview inmates selected random corrections officials token newsman wishes write story particular prison program permitted sit group meetings interview inmate participants necessary note pell opinion fact first amendment protects free flow information public constitutional guarantee free press assures maintenance political system open society time hill secures paramount public interest free flow information people concerning public officials garrison louisiana see also new york times sullivan token ny system prior restraints expression comes bearing heavy presumption constitutional validity new york times organization better austin keefe bantam books sullivan near minnesota ex rel olson correlatively first fourteenth amendments also protect right public receive information ideas published kleindienst mandel stanley georgia branzburg hayes went acknowledged news gathering without first amendment protections without protection seeking news freedom press eviscerated see virginia pharmacy board virginia citizens consumer council garrison louisiana new york times sullivan associated press grosjean american press see also branzburg hayes stewart dissenting see also lamont postmaster general red lion broadcasting fcc stanley georgia martin city struthers marsh alabama stake societal function first amendment preserving free public discussion governmental affairs aspect constitutional guarantee rightly treasured protection ability people free open debate consider resolve destiny embodies nation commitment popular abiding faith surest course developing sound national policy lies free exchange views public issues public debate must unfettered must also informed reason repeatedly stated first amendment concerns encompass receipt information ideas well right free expression saxbe washington post powell dissenting see meiklejohn free speech relation far citizens decide issue denied acquaintance information opinion doubt disbelief criticism relevant issue far result must planning general good mutilation thinking process community first amendment constitution directed admittedly right receive acquire information specifically mentioned constitution protection bill rights goes beyond specific guarantees protect abridgement equally fundamental personal rights necessary make express guarantees fully meaningful dissemination ideas accomplish nothing otherwise willing addressees free receive consider barren marketplace ideas sellers buyers lamont postmaster general brennan concurring even barren willing buyers sellers meaningful information exchange see also branzburg hayes supra stewart dissenting less important news dissemination process gathering information news must unnecessarily cut source without freedom acquire information right publish impermissibly compromised accordingly right gather news dimensions must exist saxbe washington post supra powell dissenting nixon pointed founders followed policy confidentiality nothing novel governmental confidentiality meetings constitutional convention conducted complete privacy farrand records federal convention pp moreover records meetings sealed years convention see stat res framers acknowledged without secrecy constitution kind developed written warren making constitution case grand jury proceedings example secrecy rule justified several grounds prevent escape whose indictment may contemplated insure utmost freedom grand jury deliberations prevent persons subject indictment friends importuning grand jurors prevent subornation perjury tampering witnesses may testify grand jury later appear trial indicted encourage free untrammeled disclosures persons information respect commission crimes protect innocent accused exonerated disclosure fact investigation expense standing trial probability guilt procter gamble quoting rose nixon supra also recognized valid need protection communications high government officials advise assist performance manifold duties explaining importance confidentiality plain require discussion human experience teaches expect public dissemination remarks may well temper candor concern appearances interests detriment decisionmaking process saxbe washington post powell dissenting saxbe noted prisons institutions public access generally limited citation omitted truism reflects fact legitimate penological interests served regulating access security confinement concealing prison conditions public one legitimate objectives nixon warner communications decided term suggest contrary conclusion effect decision case limit access electronic media nixon tapes enjoyed press public time trial case presented question truncated flow information public administration institutions effectiveness rehabilitative programs conditions confinement maintain experiences individuals incarcerated therein matters legitimate societal interest concern saxbe washington post supra powell dissenting criminal prosecutions accused shall enjoy right speedy public trial impartial jury state district wherein crime shall committed district shall previously ascertained law informed nature cause accusation amdt right public trial protect accused protect much public right know goes men lives liberty stake lewis peyton see also oliver knowledge every criminal trial subject contemporaneous review forum public opinion effective restraint possible abuse judicial power fact conditions within greystone portion santa rita facility found constitute cruel unusual punishment brenneman madigan public interest ensuring conditions remedied apparent final analysis citizens bear responsibility treatment accorded confined within penal institutions incarceration conviction imposed punish deter rehabilitate convict freedom accomplish ends must necessity afforded prison personnel conversely incarceration imposed prior conviction deterrence punishment retribution legitimate functions incarcerating officials role temporary holding operation necessary freedom action concomitantly diminished punitive measures context harmony presumption innocence anderson nosser fundamental freedoms citizens stake recognized abridgment freedoms may follow wide variety governmental policies see american communications assn douds naacp alabama boyd grosjean american press moreover relief granted kqed redound benefit members public interested obtaining information conditions santa rita jail press may greater constitutional right information prisons possessed general public press acquire information disseminate public performs important societal function seeking news press therefore acts agent public large means people receive free flow information ideas essential intelligent enabling public assert meaningful control political process press performs crucial function effecting societal purpose first amendment saxbe washington post powell dissenting context fashioning remedy violation rights protected first amendment consideration role press society appropriate extensive discussion practice context desegregation decrees see opinion last term milliken bradley noted however district presented substantial evidence indicating use cameras interviews randomly selected inmates neither jeopardized security threatened legitimate penological interests prisons access permitted see procunier martinez