Publishing Inmate's Stories

[Taleteller]

I am starting a website which I want to use to publish the stories of prison inmates, telling their stories from their own perspectives. The articles will focus on their childhoods, upbringings, life experiences, what they believe led them to commit their crimes, and what they have done since they were sentenced. I hope to collect stories from inmates in both the US and many other countries as well. Are there any legal aspects I need to consider in publishing these stories, do I need to obtain permission?

Thanks.

 

[Ohiogal]

I am starting a website which I want to use to publish the stories of prison inmates, telling their stories from their own perspectives. The articles will focus on their childhoods, upbringings, life experiences, what they believe led them to commit their crimes, and what they have done since they were sentenced. I hope to collect stories from inmates in both the US and many other countries as well. Are there any legal aspects I need to consider in publishing these stories, do I need to obtain permission?

Thanks.

Other than morally? What do the inmates get out of the stories about their crimes? That is an issue. Permission from who? Who is going to write this? Are you going to contact the inmates' victims and ask for their permission?

 

[Taleteller]

Other than morally? What do the inmates get out of the stories about their crimes? That is an issue. Permission from who? Who is going to write this? Are you going to contact the inmates' victims and ask for their permission?

No not morally, just legally. The inmates won't get anything out of their crimes nor do I plan to contact the victims of the inmates. The focus will be on the criminals, not on their crimes, nor will they be sharing the details of their crimes. They will be writing, in their own words, the reasons they feel led them to commit their acts and if they feel prison has helped to reform them or change their perspective since they were sentenced.

 

[LeeHarveyBlotto]

what they believe led them to commit their crimes,

Doctor: "Your child steals, madam, because..."
Mother: "Yes, doctor?"
Doctor: "Because he is a thief, madam"

 

[FlyingRon]

Doctor: "Your child steals, madam, because..."
Mother: "Yes, doctor?"
Doctor: "Because he is a thief, madam"

Dear kindly Sergeant Krupke,
You gotta understand,
It's just our bringin' up-ke
That gets us out of hand.
Our mothers all are junkies,
Our fathers all are drunks.
Golly Moses, natcherly we're punks!

 

[quincy]

I am starting a website which I want to use to publish the stories of prison inmates, telling their stories from their own perspectives. The articles will focus on their childhoods, upbringings, life experiences, what they believe led them to commit their crimes, and what they have done since they were sentenced. I hope to collect stories from inmates in both the US and many other countries as well. Are there any legal aspects I need to consider in publishing these stories, do I need to obtain permission?

Thanks.

In what state do you reside, Taleteller?

Following is a link to some excellent information for writers, on the laws that must be kept in mind when writing and publishing any story, but especially when writing and publishing true stories.

From the Home Page of this Knight Community News Network website - http://www.kcnn.org - click on "Learning Modules" in the banner at the top. Scroll through the different modules until you find "Top 10 Rules for Limiting Legal Risk."

By reading through all of the information provided, you will get a good idea of what you need to avoid when publishing stories that involve real, identified or identifiable people.






"If it weren't for my lawyer, I'd still be in prison. It went a lot faster with two people digging."
- Joe M artin, Mister Boffo

 

[You Are Guilty]

I'd also be worried about the various Son of Sam laws that are still on the books (NY, CA and I think TX haven't been tested/struck down) (yet).

They generally extend beyond just the criminals themselves.

 

[quincy]

I'd also be worried about the various Son of Sam laws that are still on the books (NY, CA and I think TX haven't been tested/struck down) (yet).

They generally extend beyond just the criminals themselves.

The First Amendment Center has a list of some of the "Son of Sam law" challenges that have been made throughout the country, the challenges of which have varied in success: http://www.firstamendmentcenter.org/tag/son-of-sam-law

Here is a link to the Supreme Court case, Simon & Schuster, Inc v New York Crime Victims Board, 502 US 105, (1991), which led to changes in many of the laws that were patterned after the one originating in New York: http://laws.findlaw.com/us/502/105.htm

"True crime" story writers tend to have the most success when they write about criminals who are long-dead - although these stories have led to their own legal challenges.

While I think Taleteller's proposed website idea could be doable, he would be smart to sit down with a publishing law professional prior to investing a lot of time, effort or money into it.

 

[You Are Guilty]

The First Amendment Center has a list of some of the "Son of Sam law" challenges that have been made throughout the country, the challenges of which have varied in success: http://www.firstamendmentcenter.org/tag/son-of-sam-law

Thus the "yet"

Here is a link to the Supreme Court case, Simon & Schuster, Inc v New York Crime Victims Board, 502 US 105, (1991), which led to changes in many of the laws that were patterned after the one originating in New York: http://laws.findlaw.com/us/502/105.htm

Obviously, NY is the one I am most familiar with, and after the original was struck down, the legislature came back for round two with a redraft. As far as I am aware, that one has not yet been overturned, but there may still be cases in the pipeline that haven't been heard yet.

Either way, it's a topic with enough gray area that I wouldn't sink a penny into a website until I had spoken to a 1A lawyer about my plans. (Not to mention, even if you win the lawsuit, not only is it expensive, but you're going to look like a douche profiting off some poor family's tragedy).

 

[quincy]

Thus the "yet"



Obviously, NY is the one I am most familiar with, and after the original was struck down, the legislature came back for round two with a redraft. As far as I am aware, that one has not yet been overturned, but there may still be cases in the pipeline that haven't been heard yet.

Either way, it's a topic with enough gray area that I wouldn't sink a penny into a website until I had spoken to a 1A lawyer about my plans. (Not to mention, even if you win the lawsuit, not only is it expensive, but you're going to look like a douche profiting off some poor family's tragedy).

I am looking at this from a different perspective. I think it can be important to tell the story of a crime from the criminal's perspective, this even though I believe a criminal should not profit off his crime by telling and selling his story.

It would be a fine line that Taleteller would have to walk in order to publish the stories written by prisoners and not infringe on the privacy rights of the victims - so careful writing and editing would be required. Telling the background of a prisoner leading up to the committing of a crime could provide insight into the whys of the crime without going into the crime itself. This type of story could have merit.

An inexperienced writer/publisher could have difficulty doing this well and within the confines of the current laws so, yes, a publishing law professional would be necessary to avoid the major legal risks that can come from the type of content proposed for the website. As a host to and not a creator of the stories, however, Taleteller would have some protection offered under the Communications Decency Act, Section 230. Whether this would provide him total immunity is, perhaps, a question mark - and he could be named as a defendant regardless of any defense he has.

As I said earlier, it would be safer to write about old crimes where all players who could possibly sue are long dead - but that type of story has different value because it must rely on speculation based on known facts rather than first-person accountings.