Skip to main content

Indiana | ‘Dignity’ is a poor excuse for blocking press access to state executions

Indiana's death chamber & witness room
Indiana law says that the press has no right to be present when the state carries out executions. It limits those who can attend to the warden of the prison where the execution is carried out, immediate family members of the crime victim, no more than five friends or relatives of the convicted person, the prison physician, and the prison chaplain.

Only if an inmate selects a member of the press as one of the five friends may they attend.

Last year, a coalition of news organizations sued in federal court, alleging that the state’s ban on press access violates the First Amendment guarantee of freedom of the press. On June 5, in a split decision, the U.S. Court of Appeals for the Seventh Circuit ruled against them.

The opinion misreads the history of American executions and relevant Supreme Court precedents. Adding insult to injury, it claims that keeping the press from witnessing executions protects the “dignity” of the person being put to death. And its decision tees up a case for the Supreme Court to say once and for all that the First Amendment guarantees press access to executions.

Whereas other states limit the number of reporters who may witness an execution, as well as what parts of an execution they are allowed to see, Wyoming (which hasn’t executed anyone since 1992) is the only other state that does not allow press access to executions.

The news organizations that brought the suit in Indiana argued that executions have “been historically open to the public or its surrogates in the press and [that] trustworthy first-hand accounts are of immense importance.” They point out that “Indiana’s total prohibition on access for the press to attend and witness executions is an outlier among death penalty states.”

As the Reporters Committee for a Free Press noted, “Last December, members of the press were prohibited from attending Indiana’s lethal injection of death row inmate Joseph Corcoran. … It was the first time the state had killed a prisoner in 15 years and the first time it used a single drug — pentobarbital — to carry out an execution.”

One journalist, senior reporter Casey Smith of the Indiana Capital Chronicle, was able to attend, but only after being specifically invited by Corcoran. Since then, the Hoosier State has put two other men to death: Benjamin Ritchie in May 2025 and Roy Lee Ward in October. No member of the press saw either execution.

Indiana defends its limitations on access to executions by advancing the dignity argument that the Seventh Circuit embraced. In addition, it argues that because reporters remain free to publish whatever they wish, and the law treats the press no differently than it treats members of the public, there can be no First Amendment violation.

The Seventh Circuit majority bought both of those arguments, claiming that executions “have not ‘historically been open to the press and general public’ in many parts of the country for over a century.” Although it is true that executions are no longer carried out in public, even after they were brought inside prison walls, the press has almost always been part of the group that witnesses them, except in Indiana and Wyoming.

The court concluded that any benefits of press coverage of executions are outweighed by the harm done when “uninvited strangers with no immediate connection to the underlying crime … watch a prisoner die.” Such a practice, it added, “risks offending the dignity of their final moments.”

There is, of course, something odd about using the word “dignity” to describe what happens when the state kills one of its citizens, and about allowing the state that seeks to do that deed to speak for a condemned person. In dissent, Judge Candace Jackson-Akimumi seemed to understand that. She argued that freedom of the press and its right to have access to executions “does not depend on the government’s or defendant’s preferences.” In her view, “direct access by impartial individuals is necessary to ensure that accurate, common, neutral accounts of the execution reach the public.”

In addition, she pointed out that “Public access … helps incentivize government officials to adhere to standards of decency and reveal any issues that occurred during an execution.”

More than two decades ago, in 2002, the Court of Appeals for the Ninth Circuit offered an account of the value of allowing press witnesses to executions of the kind provided by Jackson-Akimumi. “Independent public scrutiny — made possible by the public and media witnesses to an execution — plays a significant role in the proper functioning of capital punishment.”

The Ninth Circuit concluded that restrictions on press access are “motivated at least in part by a desire to conceal the harsh reality of executions from the public.” That gets to the heart of the problem with what the Seventh Circuit is allowing Indiana to do.

We should not be taken in by its apparent solicitude for the dignity of the condemned.

Source: The Hill, Austin Sarat, July 6, 2026. Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. 




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde
Globe
Death Penalty News For a World without the Death Penalty

Comments

Most viewed (Last 7 days)

Oklahoma executes James Pavatt

Pavatt claimed innocence in the slaying of an Oklahoma City advertising executive for insurance money. His co-defendant and former lover Brenda Andrew is also on death row. James Pavatt made no final statement before being executed Thursday for killing his lover’s estranged husband nearly 25 years ago. Pavatt merely shook his head when asked by Oklahoma Department of Corrections Chief of Operations Jason Sparks if he had any last words. Pavatt appeared to share a quick word with Michael Scott, his spiritual advisor, after microphones inside the death chamber had been cut off.

Oklahoma Death Row inmate James Pavatt scheduled to be executed Thursday

James Pavatt is scheduled to be executed on Thursday for the 2001 killing of an Oklahoma City man. OKLAHOMA CITY—Oklahoma Death Row inmate James Pavatt is set to be executed for the 2001 murder of advertising executive Rob Andrew. His execution is scheduled for Nov. 12, 2026. In 2004, Pavatt and his lover/co-conspirator, Brenda Andrew, were sentenced to death for planning the killing of her estranged husband in an attempt to claim his $800,000 life insurance policy. Brenda is the only woman on Oklahoma’s death row.

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

Two men set to be executed in Texas and Oklahoma today

The U.S. was preparing to carry out two executions on Thursday, one in Oklahoma and one in Texas. In Texas, the condemned man is John Allen Rubio, 46, who is set to be put to death at the state prison in Huntsville. He was convicted of beheading three young children he was raising in a 2003 killing that rattled a community along the U.S.-Mexico border. The other man facing execution is James Pavatt, 73, who is set to die by lethal injection at Oklahoma's state penitentiary in McAlester.

Texas executes John Rubio

Texas man who killed 3 children is put to death, hours after an Oklahoma execution James Pavatt was put to death in Oklahoma for Rob Andrew’s killing. In Texas, John Allen Rubio was executed for the deaths of Julissa Quesada, John E. Rubio, and Mary Jane Rubio.  A Texas man convicted of fatally stabbing and beheading 3 young children in a squalid, windowless apartment in 2003 was executed Thursday evening, hours after Oklahoma put another man to death. 

Why Many Americans Think Christa Pike Should Undergo a Second Execution Attempt

On October 20, Reuters released the results of a survey showing that 33% of the American public want Tennessee to try again to put Christa Pike to death. Another 26% are undecided. That means 59% of the public would support or be open to such a possibility. I want to suggest a reason why. Second execution attempts are rare in this country and, as a result, the public knows little if anything about them. That may help explain why so many would give Tennessee another chance to kill Christa Pike.

Iran executes three more January protesters accused of spying for Israel, US

In a statement, the judiciary said that “the death sentences of Hassan Deoband, Hamid Kazemi, and Reza Zangana were carried out on charges of ‘participating in operational action for the infamous Zionist regime and the United States and hostile groups.’” ERBIL, Kurdistan Region of Iraq – Iran on Sunday executed three more protesters over their involvement in the nationwide demonstrations in January, the judiciary announced, accusing them of spying for the United States and Israel and destroying infrastructure. 

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time. 

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.