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Federal Appeals Court Upholds SCDC Interview Ban, Impacting High-Profile Cases
COLUMBIA, S.C. – A federal appeals court has upheld the South Carolina Department of Corrections (SCDC) policy prohibiting in-person and phone interviews with inmates, dismissing a First Amendment lawsuit brought by the state’s American Civil Liberties Union (ACLU). The ruling mirrors a prior decision by a lower court, maintaining restrictions that apply to media and the general public.
The ACLU filed suit seeking to interview two inmates: death row prisoner Marion Bowman, whose execution warrant could be issued as early as January 3, and Sofia Cano, a transgender woman incarcerated at Kirkland Correctional Institution. The organization aimed to publish firsthand accounts of their experiences to highlight issues within the prison system.
While legal teams, law enforcement, and investigators are allowed to speak with inmates, the policy prevents journalists, advocates, or non-legal representatives from conducting direct interviews. The ACLU contends this violates their First Amendment right to free speech.

Court’s Decision: No Special Access for Reporters or Advocates
The federal appeals court with three-judge panel ruled that SCDC’s policy is consistent with past case law, which states that reporters and advocacy groups do not have greater access than the general public. The court emphasized that since the public cannot freely visit prisons or interview inmates, the same restrictions apply to all.
“Inmates can write letters to anyone, including reporters, providing an alternative to phone or in-person interviews,” the federal appeals court wrote.
SCDC officials maintain the policy is necessary for safety and security reasons. Concerns include inmates potentially revealing sensitive information, using coded messages, or gaining notoriety through media attention.
High-Profile Cases
Sofia Cano
Cano’s case underscores the complexities surrounding transgender inmate healthcare in South Carolina’s prison system. Cano, 22, pleaded guilty but mentally ill to voluntary manslaughter in 2019 for fatally stabbing her mother when she was 13. Diagnosed with autism during trial evaluations, Cano was sentenced to Kirkland Correctional as Miguel Cano but later identified as a transgender woman, legally changing her name to Sofia.
The ACLU argues that SCDC is denying Cano access to hormone therapy, makeup, and nail polish—items critical to managing her gender dysphoria. According to court filings:
- Cano’s legal team claims denial of treatment violates constitutional protections against cruel and unusual punishment.
- While transgender inmates can access hormones if they pay for treatment themselves, the ACLU argues this is an unjust financial barrier.
Cano’s legal battle escalated when SCDC hired a doctor who determined Cano does not have gender dysphoria. The department insists she must undergo intensive therapy related to her crime first—treatment Cano has previously resisted.
The ACLU aims to interview Cano to shed light on her experiences and the broader impact of transgender healthcare policies in prison. “The public has a right to hear about the devastating physical and emotional costs of denying medical care to individuals with gender dysphoria,” the ACLU stated in filings.
Marion Bowman
Death row inmate Marion Bowman, 44, also remains at the center of the ACLU’s lawsuit. Convicted in 2002 of murdering 21-year-old Kandee Martin in Dorchester County, Bowman’s case resurfaces as the state prepares to resume executions.
Court testimony revealed Bowman shot Martin multiple times after claiming she owed him money, placed her body in the trunk of her car, and set the vehicle ablaze. As Bowman applies for clemency, the ACLU wants to share his story through direct interviews.
The federal appeals court ruling prevents this, leaving letters as the only means of communication.
Impact of the Policy
SCDC has enforced the policy strictly, with inmates like Alex Murdaugh and Susan Smith facing consequences for circumventing it. Both lost phone and computer privileges after providing information for documentaries—Murdaugh via calls to his attorney and Smith to a filmmaker.
Prison officials argue the rules ensure security and prevent inmates from leveraging media attention to manipulate narratives or create risks.
Future Implications
This ruling sets a precedent for similar challenges and reflects the growing tension between transparency, prison policies, and constitutional rights. While advocates continue pushing for reform, the decision leaves media access to South Carolina’s prisons largely restricted, sparking concerns about accountability and inmate welfare.
The ACLU’s fight to tell stories like Cano’s and Bowman’s underscores broader issues surrounding prisoner rights and public awareness. As executions resume in South Carolina and the debate around transgender healthcare intensifies, the need for transparency remains a focal point for activists and legal advocates.
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