pell procunier argued decided june together procunier corrections director hillery et also appeal four california prison inmates three professional journalists brought suit district challenging constitutionality regulation california department corrections manual provides ress media interviews specific individual inmates permitted provision promulgated following violent prison episode correction authorities attributed least part former policy free interviews resulted relatively small number inmates gaining disproportionate notoriety influence among fellow inmates district granted inmate appellees motion summary judgment holding insofar prohibited inmates communication journalists unconstitutionally infringed inmates first fourteenth amendment freedoms granted motion dismiss respect claims media appellants holding rights infringed view otherwise available rights enter state institutions interview inmates random even broader access afforded prisoners ruling respect inmate appellees prison officials journalists appealed held light alternative channels communication open inmate appellees constitute violation rights free speech pp prison inmate retains first amendment rights inconsistent status prisoner legitimate penological objectives corrections system restrictions inmates free speech rights must balanced state legitimate interest confining prisoners deter crime protect society quarantining criminal offenders period rehabilitative procedures applied maintain internal security penal institutions pp alternative means communication remain open inmates correspond mail persons including media representatives procunier martinez rights visitation family clergy attorneys friends prior acquaintance unrestricted opportunity communicate press public prison visitors pp rights media appellants first fourteenth amendments infringed deny press access information available general public newsmen california policy free visit maximum security minimum security sections california penal institutions speak inmates may encounter unlike members general public also free interview inmates selected random first amendment guarantee press constitutional right special access information available public generally branzburg hayes pp stewart delivered opinion burger white blackmun rehnquist joined part powell joined powell filed opinion concurring part dissenting part post douglas filed dissenting opinion brennan marshall joined post herman schwartz argued cause appellants briefs alvin bronstein melvin wulf john murphy deputy attorney general california argued cause appellees appellants briefs evelle younger attorney general jack winkler chief assistant attorney general edward assistant attorney general jean bordon deputy attorney general stanley bass argued cause appellees brief jack greenberg charles stephen fn briefs amici curiae filed joseph califano charles wilson richard cooper daniel paul james rodgers robert lobdell washington post et glen clover robert king houston chronicle publishing reuben lawrence gunnels filed brief chicago tribune amicus curiae cases justice stewart delivered opinion cases judgment district northern district california plaintiffs district four california prison inmates booker hillery john larry spain bobby bly michael shane guile three professional journalists eve pell betty segal paul jacobs defendants raymond procunier director california department corrections several subordinate officers department plaintiffs brought suit challenge constitutionality first fourteenth amendments california department corrections manual provides ress media interviews specific individual inmates permitted sought injunctive declaratory relief section promulgated defendant procunier authority vested california penal code applied uniformly throughout state penal system prohibit interviews press representatives individual inmates specifically name request interview accordance convened hear case facts undisputed pell segal jacobs requested permission appropriate corrections officials interview inmates spain bly guile respectively addition editors certain periodical requested permission visit inmate hillery discuss possibility publishing certain writings interview concerning conditions prison pursuant requests denied plaintiffs thereupon sued enjoin continued enforcement regulation inmate plaintiffs contended violates rights free speech first fourteenth amendments similarly media plaintiffs asserted limitation regulation places newsgathering activity unconstitutionally infringes freedom press guaranteed first fourteenth amendments district granted inmate plaintiffs motion summary judgment holding insofar prohibited inmates communication journalists unconstitutionally infringed first fourteenth amendment freedoms respect claims media plaintiffs granted defendants motion dismiss noted ven stood today ruling inmates constitutional rights violated press given freedom enter california institutions interview random concluded even broader access afforded prisoners today ruling sufficiently protects whatever rights press may respect interviews inmates supp corrections director procunier defendants appeal judgment district infringes inmate plaintiffs first fourteenth amendment rights media plaintiffs appeal rejection claims noted probable jurisdiction appeals consolidated cases oral argument inmate plaintiffs claim prohibiting participation communication newsmen members general public violates right free speech first fourteenth amendments although constitutional right free speech never thought embrace right require journalist citizen listen person views let alone right require publisher publish views newspaper see avins rutgers state university new jersey chicago joint board clothing workers chicago tribune associates aldrich times mirror proceed upon hypothesis circumstances right free speech includes right communicate person views willing listener including willing representative press purpose publication willing publisher start familiar proposition awful incarceration brings necessary withdrawal limitation many privileges rights retraction justified considerations underlying penal system price johnston see also cruz beto first amendment context corollary principle prison inmate retains first amendment rights inconsistent status prisoner legitimate penological objectives corrections system thus challenges prison restrictions asserted inhibit first amendment interests must analyzed terms legitimate policies goals corrections system whose custody care prisoner committed accordance due process law important function corrections system deterrence crime premise confining criminal offenders facility isolated rest society condition people presumably find undesirable others deterred committing additional criminal offenses isolation course also serves protective function quarantining criminal offenders given period time hoped rehabilitative processes corrections system work correct offender demonstrated criminal proclivity thus since offenders eventually return society another paramount objective corrections system rehabilitation committed custody finally central corrections goals institutional consideration internal security within corrections facilities light legitimate penal objectives must assess challenges prison regulations based asserted constitutional rights prisoners regulation challenged clearly restricts one manner communication prison inmates members general public beyond prison walls merely state problem resolve said refusal corrections authorities permit inmate temporarily leave prison order communicate persons outside yet one sensibly contend constitution requires authorities give even individualized consideration requests cf zemel rusk order properly evaluate constitutionality think regulation considered isolation must viewed light alternative means communication permitted regulations persons outside prison recognize may particular qualities inherent sustained debate discussion questioning existence alternatives extinguis altogether constitutional interest part appellees particular form access kleindienst mandel regard available alternative means communication relevant factor case called upon balance first amendment rights legitimate governmental interests ibid one alternative available california prison inmates communication mail although prison regulations recently called censorship statements inter alia unduly complain magnify grievances express inflammatory political racial religious views deemed defamatory otherwise inappropriate recently held department regulations authorized censorship prisoner mail far broader legitimate interest penal administration demands accordingly affirmed district judgment invalidating regulations procunier martinez addition held interest prisoners correspondents uncensored communication letter grounded first amendment plainly liberty interest within meaning fourteenth amendment even though qualified necessity circumstance imprisonment accordingly concluded decision censor withhold delivery particular letter must accompanied minimal procedural safeguards thus clear medium written correspondence affords inmates open substantially unimpeded channel communication persons outside prison including representatives news media moreover visitation policy california corrections department seal inmate personal contact outside prison inmates permitted receive limited visits members families clergy attorneys friends prior acquaintance selection categories visitors based director professional judgment visits aid rehabilitation inmate compromising legitimate objectives corrections system case selection based anticipated content communication inmate prospective visitor member press fell within categories suggestion permitted visit inmate importantly however inmates unrestricted opportunity communicate press member public families friends clergy attorneys permitted visit prison thus provides another alternative avenue communication prison inmates persons outside prison find availability alternatives unimpressive submitted justification governmental restriction personal communication among members general public recognized however relationship state prisoners state officers supervise confinement far intimate state private citizen internal problems state prisons involve issues peculiarly within state authority expertise preiser rodriguez procunier martinez supra find legitimate governmental interest justify substantial restrictions imposed written communication inmates however question involves entry people prisons communication inmates obvious institutional considerations security related administrative problems well accepted legitimate policy objectives corrections system require limitation placed visitations long reasonable effective means communication remain open discrimination terms content involved believe drawing lines prison officials must accorded latitude cruz beto number contexts held reasonable time place manner regulations communicative activity may necessary significant governmental interests permitted grayned city rockford cox new hampshire poulos new hampshire cox louisiana adderley florida nature place pattern normal activities dictate kinds regulations time place manner reasonable grayned supra internal quotation marks omitted normal activity prison committed involuntary confinement isolation large numbers people demonstrated capacity violence necessarily requires considerable attention devoted maintenance security although permit prison officials prohibit expression communication prison inmates security considerations sufficiently paramount administration prison justify imposition restrictions entry outsiders prison contact inmates case restriction takes form limiting visitations individuals either personal professional relationship inmate family friends prior acquaintance legal counsel clergy judgment state corrections officials visitation policy permit inmates personal contact persons aid rehabilitation keeping visitations manageable level compromise institutional security considerations peculiarly within province professional expertise corrections officials absence substantial evidence record indicate officials exaggerated response considerations courts ordinarily defer expert judgment matters courts course abdicate constitutional responsibility delineate protect fundamental liberties issue involves regulation limiting one several means communication inmate institutional objectives furthered regulation measure judicial deference owed corrections officials attempt serve interests relevant gauging validity regulation accordingly light alternative channels communication open prison inmates say record case restriction one manner prisoners communicate persons outside prison unconstitutional long restriction operates neutral fashion without regard content expression falls within appropriate rules regulations prisoners necessarily subject cruz beto supra abridge first amendment freedoms retained prison inmates ii media plaintiffs ask us hold limitation press interviews imposed violates freedom press guaranteed first fourteenth amendments contend irrespective first amendment liberties may may retained prison inmates members press constitutional right interview inmate willing speak absence individualized determination particular interview might create clear present danger prison security substantial interest served corrections system regard media plaintiffs claim impairment freedom publish california imposes restrictions may published prisons prison inmates officers administer prisons instead rely right gather news without governmental interference media plaintiffs assert includes right access sources regarded newsworthy information note outset regulation part attempt state conceal conditions prisons frustrate press investigation reporting conditions indeed record demonstrates current corrections policy press general public accorded full opportunities observe prison conditions 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 short members press enjoy access california prisons available members public sole limitation newsgathering california prisons prohibition interviews individual inmates specifically designated representatives press restriction recent vintage imposed response violent episode department corrections felt least partially attributable former policy respect interviews prior promulgation every journalist virtually free access interview individual inmate might wish members press accorded privilege members general public benefit unrestricted visitation policy thus promulgation impose discrimination press access merely eliminated special privilege formerly given representatives press members public generally practice found policy effect prior promulgation resulted press attention concentrated relatively small number inmates result became virtual public figures within prison society gained disproportionate degree notoriety influence among fellow inmates notoriety influence inmates often became source severe disciplinary problems example extensive press attention inmate espoused practice prison regulations encouraged inmates follow suit thus eroding institutions ability deal effectively inmates generally finally words district august uring escape attempt san quentin three staff members two inmates killed viewed officials climax mounting disciplinary problems caused part liberal posture regard press interviews august adopted mitigate problem background consider media plaintiffs claims first fourteenth amendments 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 branzburg held first fourteenth amendments abridged requiring reporters disclose identity confidential sources grand jury information needed course criminal investigation perceive basis holding public interest law enforcement ensuring effective grand jury proceedings insufficient override consequential uncertain burden news gathering said result insisting reporters like citizens respond relevant questions put course valid grand jury investigation criminal trial case media plaintiffs contend constitutes governmental interference newsgathering activities neither consequential uncertain substantial governmental interest shown justify denial press access specifically designated prison inmates particularly media plaintiffs assert despite substantial access california prisons inmates accorded representatives press access broader accorded members public generally interviews specifically designated inmates effective superior method newsgathering curtailment amounts unconstitutional state interference free press agree generally held first amendment guarantee press constitutional right special access information available public generally despite fact news gathering may hampered press regularly excluded grand jury proceedings conferences meetings official bodies gathering executive session meetings private organizations newsmen constitutional right access scenes crime disaster general public excluded branzburg hayes supra similarly newsmen constitutional right access prisons inmates beyond afforded general public reasons stated reverse district judgment infringes freedom speech prison inmates affirm judgment regulation abridge constitutional right free press accordingly judgment vacated cases remanded district proceedings consistent opinion ordered footnotes periodical since ceased publication editors join media plaintiffs litigation question whether interview hillery magazine editors denied authority department corrections interview policy permits basis meetings inmate authors publishers defendants contend interview denied officials made individualized determination meeting fact necessary effectuate publication hillery works hillery hand notes editors indicated prison officials also wished discuss conditions prison order publish article subject thus appears denial likelihood based least part policy appear codified otherwise expressly articulated generally applicable rule regulation statement visiting privileges san quentin state penitentiary indicates visitors must approved corrections officials must either members family friends long standing also permits visits attorneys clients although nothing said statement visits members clergy dispute among parties practice department corrections permit visits also disagreement among parties visitation policy generally applied department throughout state corrections system suggested inmate appellees use mails alternative means communication may effective case prisoners inarticulate even illiterate indication however four inmates suffer either disabilities indeed record affirmatively shows two inmates published writers although complaint filed class action plaintiffs never moved district certify case class action required fed rules civ proc thus short answer inmates contention neither finding district support record finding alternative channels communication effective means inmate appellees express persons outside prison even respect inmates may literate articulate however suggestion corrections officials permit inmates seek aid fellow inmates family friends visit commit thoughts writing communication individuals general public cf johnson avery merely inmates may need assistance utilize one alternative channels make ineffective alternative unless course state prohibits inmate receiving assistance inmates argue restricting access press representatives unconstitutionally burdens first fourteenth amendment right petition government redress grievances communication press inmates contend provides effective opportunity communicate grievances channel public opinion legislative executive branches government think however alternative means communication press available prisoners together substantial access prisons california accords press members public see infra satisfies whatever right inmates may petition government press also note california accords prison inmates substantial opportunities petition executive legislative judicial branches government directly section california penal code permits inmate correspond confidentially public officeholder various rules promulgated department corrections explicitly permit inmate correspond governor elected state federal official appointed head state federal agency similarly california acted assure prisoners right petition judicial relief see jordan cal van geldern cal harrell cal section california government code also makes prison officials liable intentional interference right prisoner obtain judicial relief confinement policy reflects recognition conditions nation prisons matter newsworthy great public importance chief justice commented continue brush rug problems found guilty subject criminal sentence melancholy truth taken tragic prison outbreaks past three years focus widespread public attention problem burger options limited vill rev along lines chief justice correctly observed want prisoners change public attitudes toward prisoners must change visit prisons make zealot prison reform burger bell tolls reprinted record supp contended california permits family friends attorneys clergy visit inmates limit visitations press member general public personal professional relationship inmate permitted enter prison name inmate like engage discourse thus press granted access respect prison inmates accorded member general public indeed noted text aggregate access press california prisons inmates substantially greater general public chief justice warren put matter writing zemel rusk 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 justice powell concurring part dissenting part concern constitutionality first fourteenth amendments regulation california department corrections prohibits personal interviews prison inmates representatives news media regulation substantially identical bureau prisons policy statement whose validity issue saxbe washington post post reasons stated dissenting opinion case post hold california absolute ban interviews impermissibly restrains ability press perform constitutionally established function informing people conduct government accordingly dissent judgment california differ washington post case one significant respect constitutionality interview ban challenged prisoners well newsmen thus appeals unlike washington post raise question whether inmates individuals personal constitutional right demand interviews willing reporters agree majority join part opinion justice douglas justice brennan justice marshall join dissenting cases involve constitutionality first fourteenth amendments prison regulations limiting communication state federal prisoners press nos judgment district northern district california supp suit brought four california state prisoners three professional journalists challenging constitutionality california department corrections manual imposes absolute ban media interviews individually designated inmates upheld prisoners claim regulation violative right free speech director california department corrections appeals injunction enforcement regulation journalists claim noted media plaintiffs herein amicus curiae argue violative prisoners first amendment rights also press disagrees journalists appeal rejection claim involves media challenge federal bureau prisons policy statement prohibits press interviews particular federal prisoner medium security maximum security facility district held total ban violative first amendment free press guarantee enjoined enforcement supp appeals affirmed sub nom washington post kleindienst app majority notes policies federal bureau prisons regarding visitations prison inmates differ significantly california policies review analyzing prisoner challenge california absolute ban media interviews individual inmates start proposition foremost among bill rights prisoners country whether state federal detention first amendment prisoners still persons entitled constitutional rights unless liberty constitutionally curtailed procedures satisfy requirements due process free speech press within meaning first amendment judgment among privileges immunities citizens procunier martinez douglas concurring judgment premise agree california grossly overbroad restrictions prisoner speech constitutionally permissible agree prison discipline inmate safety rehabilitation must considered evaluating first amendment rights prison context first amendment principles must always applied light special characteristics environment tinker des moines school district healy james prisoners contend prison officials powerless impose reasonable limitations visits media necessary particularized circumstances maintain security discipline good order prisoners contend courts found penal interests used justification absolute ban media interviews road prophylactic rules area free expression suspect precision regulation must touchstone area closely touching precious freedoms naacp button see cantwell connecticut true prisoners left means expression visits relatives communication mail state hardly defend overly broad restriction expression demonstrating eliminated expression completely justice black said accept brother harlan view dissent abridgment speech press violate first amendment methods communication left open reason abridgment strikes par holding governmental suppression newspaper city violate first amendment continue radio television stations first amendment freedoms validly taken away degrees one fell swoop nlrb fruit packers concurring opinion agree state interest order prison discipline justify total ban media interviews individually designated inmate matter whatsoever coarse attempt regulation patently unconstitutional area recision regulation must touchstone naacp button supra elfbrandt russell affirm district judgment regard ii nos media claim state federal prison regulations flatly prohibiting interviews inmates selected press impinge upon first amendment free press guarantee directly protected federal infringement protected state infringement fourteenth amendment rejecting claim notes ban access prisoners applies well general public holds newsmen constitutional right access prisons inmates beyond afforded general public ante dealing free press guarantee important note interest protects possessed media enjoining enforcement federal regulation judge gesell vindicate right washington post rather right people true sovereign constitutional scheme govern informed manner press preferred position constitutional scheme enable make money set newsmen apart favored class bring fulfillment public right know right know crucial governing powers people branzburg hayes douglas dissenting prisons like public institutions ultimately responsibility populace crime like economy health education defense like matter grave concern society people right necessity know incidence crime effectiveness system designed control given day approximately people authority federal state local prison systems cost taxpayers one billion dollars annually individuals sentenced prison return society public interest informed prisons thus paramount prisoners free speech claim one asserts free press right authorities powerless impose reasonable regulations time place manner interviews effectuate prison discipline order issue whether complete ban interviews inmates selected press goes beyond necessary protection interests infringes upon cherished right free press appeals noted hile question concerns voiced bureau prisons legitimate interests merit protection must agree district individually total justify sweeping absolute ban bureau chosen impose app thus enough note press institution constitution specifically selected play important role discussion public affairs denied access prisons denied public generally prohibition visits public practical effect upon right know beyond achieved exclusion press average citizen unlikely inform operation prison system requesting interview particular inmate prior relationship likely instead society values free press rely upon media information indeed ironic justify exclusion press noting government gone beyond press expanded exclusion include public government deny press access public institutions prohibit interviews governmental employees find constitutional footing expanding ban deny access everyone agree courts absolute ban press interviews specifically designated federal inmates far broader necessary protect legitimate governmental interests unconstitutional infringement public right know protected free press guarantee first amendment affirm judgment regard since basic right guaranteed state infringement application first amendment fourteenth california absolute ban fare better reverse district rejection claim opinion applies also saxbe et al washington post et post subcommittee courts civil liberties administration justice house committee judiciary report inspection federal facilities leavenworth penitentiary medical center federal prisoners comm print mills alabama chief justice hughes stromberg california stated first amendment applicable reason due process clause fourteenth become customary rest broader foundation entire fourteenth amendment free speech press within meaning first amendment judgment one privileges immunities citizens procunier martinez douglas concurring judgment