11-20-2003, 12:40 PM
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#15 (permalink)
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Quote:
Originally posted by Peetster
Without getting into a "Rights and Responsabilities" discussion for now, what about the following?
A reporter for a major "whistleblower" type newspaper is leaked documents of a sensitive military nature. Reporting this information could jeopardize national security. Does the reporter have a responsability to report / not report the story? Is it the reporter's place to decide the sensitivity of the information, or its impact on national security?
What if the information is instead the political strategy of a major party? Does it matter? Does the source (stolen or leaked) matter?
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Here's an article I found that is somewhat along those lines.
Witness photos may draw charges against newspaper, TV station.
Quote:
Witness photos may draw charges against newspaper, TV station
By The Associated Press
11.19.03
PROVIDENCE, R.I. — The Providence Journal and WLNE-TV face possible criminal contempt charges for publishing images of witnesses in the murder trial of Charles Pona, who orchestrated the killing of a 15-year-old who witnessed another homicide.
The newspaper, the television station and their reporters who covered the trial are ordered to appear before Superior Court Judge William A. Dimitri Jr. on Nov. 26, The Providence Journal reported.
Attorney General Patrick Lynch argued that the news organizations violated a court order, which Lynch sought to protect the safety of witnesses who testified against Pona.
"I had and still have concerns about the well-being of all those involved in the investigation and prosecution of Charles Pona," he said in a statement given to the Journal.
The Journal and WLNE claim Dimitri's order is unconstitutional and that the news outlets never had a chance to contest it in court.
"The issue, as we see it, is whether any member of the government ... can tell us what we can publish," said Joel P. Rawson, Journal executive editor. "To the readers, I would say, you really don't want the attorney general in the state of Rhode Island deciding what can be broadcast or what can be published in a newspaper."
Pona was convicted last week of murder and other charges stemming from the May 2000 death of Jennifer Rivera, who was gunned down outside her home before she was to testify against Pona in another murder case, for which he is serving a life sentence.
Dimitri issued his order more than a week before Pona's trial began. It prohibited the media from showing pictures or publicizing the address or place of employment of prosecution witnesses and their family members.
Dimitri said prosecutor Ronald Gendron asked for the restrictions because he was concerned about the nature of a case in which a witness had already been murdered and he didn't want to endanger anyone else. Pona's lawyer voiced no objection, Dimitri said.
On Nov. 4, WLNE televised footage of state witness Dennis Fullen, who testified he had prison-cell conversations with Pona in which Pona talked of having to get rid of Rivera.
On Nov. 5, Dimitri banned all courtroom photography for the rest of the trial. That day, Pona co-conspirator Miguel Perez testified and Channel 6 used file footage of him.
On Nov. 7, the Journal published a file photograph of Perez.
"The photo we published was taken in December 2001 in open court," Rawson said. "We believe the publication of that photo is clearly protected under the First Amendment."
Rawson said the newspaper would mount a "vigorous defense." Joseph V. Cavanagh Jr., the lawyer representing the Journal and Channel 6, said his clients never received notice that Lynch was seeking media restrictions until after the order was issued. He said news outlets were entitled to a hearing before the restrictions were put in place and called the judge's order "patently unconstitutional."
If Dimitri finds the news organizations in contempt, he could impose a fine or a prison sentence.
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Seems to me that in this case the judge is well within his rights to limit media coverage, when it has already been proven that the lives of the witnesses are at risk.
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A true gentleman believes that others are more important than he, that kindness is not a sign of weakness, and that respect is a necessity.
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