The American Civil Liberties Union (ACLU) of Georgia is challenging the state’s restrictions on what members of the media can see and hear during executions, just days before Georgia is scheduled to execute a condemned inmate.
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The ACLU of Georgia and the Law Offices of Gerry Weber filed a lawsuit Sept. 2 on behalf of Appen Media Group, a Georgia media company that publishes weekly newspapers in print and online.
The lawsuit targets the Georgia Department of Corrections and its leaders, as well as Georgia Attorney General Chris Carr. It argues that the state’s policies violate the First Amendment by limiting the press and public’s ability to observe executions.
The lawsuit as inmate Stacey Humpreys is set to be executed Sept. 16.
According to the ACLU, media witnesses are currently barred from seeing key parts of the execution, including the administration of the lethal drugs. The organization says witnesses cannot see the drugs or the amount being used, or observe any concerns or complications that may occur during the injection.
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The ACLU also says most media witnesses cannot hear what is said or sounds produced during the execution. In addition, all but one media witness is prohibited from seeing the process of establishing intravenous access on the condemned prisoner.
The organization argues that this limits the public’s ability to independently know what happens during an execution.
“The public shouldn’t have to take the government’s word for what happens behind prison walls during an execution,” Appen Media Group publisher Hans Appen said in a statement.
The lawsuit asks a federal court to intervene before Humphreys’ scheduled execution. It seeks a temporary restraining order and injunction preventing the state from carrying out executions until constitutional standards are established for media access.
“The State currently holds absolute power to hide key components of executions from the press and the public, and the Constitution doesn’t allow that,” ACLU of Georgia Legal Director Cory Isaacson said in a statement.
The lawsuit does not mean the Sept. 16 execution has been canceled.
The ACLU’s claims are allegations in the lawsuit and have not been proven in court.
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