28 C.F.R. § 540.61

Authorization

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(a) A news media representative who desires to make a visit or conduct an interview at an institution must make application in writing to the Warden, indicating that he or she is familiar with the rules and regulations of the institution and agrees to comply with them.

(b) As a condition of authorizing interviews and making facilities available to conduct an interview, the news media representative shall recognize a professional responsibility to make reasonable attempts to verify any allegations regarding an inmate, staff member or institution.

(c) A representative of the news media is requested to provide the Bureau of Prisons an opportunity to respond to any allegation, which might be published or broadcast prior to distribution.

(d) A representative of the news media shall collect information only from the primary source. A representative of the news media may not obtain and use personal information from one inmate about another inmate who refuses to be interviewed.

(e) The Warden may be contacted concerning discussions or comments regarding applicability of any rule or order.

(f) Failure to adhere to the standards of conduct set forth by this rule for the news media representative constitutes grounds for denying that news media representative, or the news organization which he or she represents, permission to conduct an interview.

(g) Any questions as to the meaning or application of this subpart are resolved by the Director of the Bureau of Prisons.

Notes of Decisions

Cited in 5 cases, 1993–2009 · leading case: Hammer v. Ashcroft, 570 F.3d 798 (7th Cir. 2009).

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Hammer v. Ashcroft, 570 F.3d 798 (7th Cir. 2009). · cites it 4× “) The Warden's letter rebukes the lawyer and informs him that 28 C.F.R. § 540.61 (d) prohibits this publication.”

Jordan v. Pugh, 425 F.3d 820 (10th Cir. 2005). “28 C.F.R. § 540.61 . Inmates are also permitted to “prepare a manuscript for private use or for publication while in custody without staff approval.”

Brett C. Kimberlin v. Michael J. Quinlan, 6 F.3d 789 (D.C. Cir. 1993). “That which the regulations authorize is authorized; conversely what they do not authorize is not authorized. Further, the regulations provide that "[a]ny questions as to the meaning or application of this subpart are resolved by the Director of the Bureau of Prisons.”

Hammer v. Ashcroft, 42 F. App'x 861 (7th Cir. 2002). “Hammer alleged that in ordering him not to mention any other inmate in his communications with the media, Warden Lappin maintained that the restriction was warranted by Bureau of Prisons Regulation 28 C.F.R. § 540.61 (d). The district court also relied on this regulation to…”

David Hammer v. John Ashcroft (7th Cir. 2009). · cites it 2× “) The Warden’s letter rebukes the lawyer and informs him that 28 C.F.R. § 540.61 (d) prohibits this publication.”

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