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by Mike Masnick
Fri, Sep 26th 2008 1:51pm
Filed Under:
first amendment, freedom of the press, reporting
Companies:
oc register
Romenesko points us to the news that a judge overseeing a lawsuit between the OC Register (the newspaper) and newspaper delivery workers has barred the newspaper from reporting on any testimony in the case. Of course, the newspaper reported on that ruling, and it also dug up a bunch of constitutional scholars, who pointed out the unconstitutionality of such a ban.
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How is this different when any other judge puts a blackout on press during the trail of a case. I thought it was illegal to report on the proceedings while they're in session, to keep the jury as impartial as possible; but, I could most certianly have no clue what im talking about.
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Conflict of Interest
Journalists are supposed to disclose if they have any interest in a matter on which they're reporting. For an interest as big as this, which could actually be prejudicial to the outcome of a court case, such a restriction seems reasonable, really. Other newspapers and media should be able to report on the case, just not the one directly involved.
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I think the problem here isn't a news blackout, but the judge singling a single newspaper out? If it was a gag on all then would make more sense, assuming there was something sensitive going on, like a minor or such.
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news blackout
Judges aren't allowed to ban any kind of news coverage whatsoever; it's constitutionally protected.
Judges can order a "news blackout" on the members of the jury, but that's it. They can also order nobody to talk to jurors, and do other things to control the proceedings... ban cameras in court etc. or even close the courtroom under certain circumstances.
But they're not supposed to be able to ban any kind of reporting.
(reply to this comment) (link to this comment)
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