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COURT REPORTER
A VICTORY NOT TO CROW ABOUT [by James Kilpatrick] We of the press recently won a victory in the courts of California. I’m sorry we won. As a partisan of a press that is both free and responsible, I express regret. This was a case we should have lost.
The underlying facts are not in dispute.
is no indication that the First Amendment
publicity.” Nevertheless, the court sent the
Sixteen years ago a salesman in Southern
provides less protection to historians than to
TV station home free.
California was shot and killed. It transpired
those reporting current events.”
that the killing was murder for hire, set
Since the Cox Broadcasting case in 1975,
in motion by a prominent auto dealer. The
The California court relied chiefly upon the
the high court repeatedly has reaffirmed the
dealer subsequently was convicted of mas-
opinion of the U.S. Supreme Court in Cox
gist of its holding. In cases from Oklahoma,
terminding the plot. His assistant — call him
Broadcasting v. Cohn in 1975. The case
West Virginia, and most recently from Florida
James Jackson — was at first charged as a
involved the gang rape and murder of a 17-
in 1989, our right as reporters truthfully to
co-conspirator.
year-old in Georgia. At the time, Georgia law
report judicial proceedings has been upheld.
prohibited publication of the names of rape
The Florida case involved a one-paragraph
In 1992, when the case went to trial, Jackson
victims, but a reporter for Station WSB-TV
report of a rape in Jacksonville. The victim
pleaded guilty to a reduced charge of being
picked up the victim’s name from the indict-
sued the weekly Florida Star for disclos-
an accessory after the fact. He served a
ments. In a news broadcast, the reporter
ing her name. The newspaper won, 6-3, but
three-year prison term, with time off for good
identified the dead girl. Her father sued
Justice Thurgood Marshall observed point-
behavior. The San Bernardino Superior Court
for invasion of privacy. He won in the lower
edly that “our cases have carefully eschewed
granted him a certificate of rehabilitation.
courts but lost on the station’s appeal.
reaching the ultimate question, of whether
Then he vanished into civilian anonymity.
truthful publication may never be punished.” The high court defined the question: “Wheth-
Not for long. In 2001 a television company,
er the state may impose sanctions on the
The long and short of it is that we of the
Discovery Communications, produced a
accurate publication of the name of a rape
press have an unqualified right to publish
documentary about the 1988 plot. The show
victim obtained from public records — more
accurate and timely reports of judicial pro-
identified Jackson as a bit player. It included
specifically, from judicial records which are
ceedings. We also have a right to resurrect
a mug shot of him, taken at the time of his
maintained in connection with a public pros-
old cases, such as the 1988 murder for hire
arrest. He sued for invasion of his privacy.
ecution and which themselves are open to
in California. It may not be “news of the day,”
The producer responded that the Jackson
public inspection.” Said Justice Byron White:
but we can do it. The question in cases such
portion was based upon official records
“We are convinced that it may not do so.”
as the case of James Jackson is, Should we
of a public judicial proceeding. Images of
do it? Tell me. After a long life of rough and
Jackson, counsel contended, were therefore
Justice William O. Douglas sweepingly con-
“privileged” under a string of Supreme Court
curred. The state may not penalize truthful
precedents. Case dismissed.
publication of “news of the day.” Any other
(Readers are invited to send dated citations
rule “would inevitably induce self-censor-
of usage to Mr. Kilpatrick. His e-mail address
Last December the California Supreme
ship by the media, thereby inhibiting the
is kilpatjj@aol.com.)
Court unanimously affirmed. The crime of
rough and tumble discourse which the First
1988 may not have been “newsworthy” in
Amendment so clearly protects.”
2001, but this was of no consequence. And
tumble, I must be turning soft.
COPYRIGHT 2005 UNIVERSAL PRESS SYNDICATE
true, Jackson had lived “an obscure, lawful
Justice White was not so sure of that.
life and become a respected member of the
“Powerful arguments can be made that,
tributed electronically, in print or otherwise
community.” No matter. The press has an
however it may be defined, there is a zone of
without the written permission of uclick and
“absolute right” to report the contents of
privacy surrounding every individual, a zone
Universal Press Syndicate.
public records. The case had become history,
within which the state may protect him from
said Justice Kathryn M. Werdegar, and “there
intrusion by the press, with all the attendant
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