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NEWS RELEASE: The Reporters Committee for Freedom of the Press
Reporters Committee objects to strict gag in Ramsey case
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Oct. 14, 1999
For immediate release
Contact: Gregg P. Leslie, (703) 807-2100
(To remove your address from this list, reply with "remove" in the subject line.)
The Reporters Committee for Freedom of the Press announced today that
it protests the expansive gag order signed by the Chief Judge of the
Boulder District Court on October 13, 1999, which threatens any member
of the public with prosecution for contempt of court if he or she
contacts a member of the discharged Boulder County Grand Jury that
investigated the JonBenet Ramsey murder.
Government-imposed secrecy denies the free flow of information
and ideas to the public and any order restricting the journalistic
right to gather news must be narrowly tailored to prevent a
substantial threat to the administration of justice, according to
the Reporters Committee.
"Courts will always make grand jurors swear oaths of secrecy
forbidding them to talk to anyone about their investigations,
but an order criminalizing the simplest steps in the
newsgathering process in such a high-profile case is fundamentally
offensive to the First Amendment," according to Gregg P. Leslie,
the Acting Executive Director of the Reporters Committee. "A
sweeping prohibition of indefinite duration, without any attempt
by the court to demonstrate a need or any indication of improper
behavior, should not stand."
The Boulder court has attempted to indefinitely restrict the
media's ability to contact former grand jurors who had been
dismissed by the Boulder County District Attorney.
The United States Supreme Court has noted that "the invocation
of grand jury interests is not ‘some talisman that dissolves
all constitutional protections.' . . . Indeed, we have noted
that grand juries are expected to ‘operate within the limits
of the First Amendment,' as well as the other provisions of
the Constitution."
"The media serves the public and the judiciary by revealing
aspects of the judicial process through the dissemination of
information about litigation," Leslie said. "Courts have
interpreted the First Amendment to protect not only publication
of news but also the media's news gathering practices. The
court does not have the power to restrict the media's right
to investigate and publish information that it lawfully obtains."
The Reporters Committee for Freedom of the Press is a voluntary,
unincorporated association of reporters and news editors
dedicated to protecting the First Amendment interests of the news
media. It has provided research, guidance and representation in
major press cases in state and federal courts for 30 years.