Vol. 14, No. 33, September 16, 2004
Reality TV boxing shows, in need of suspense,
persuade CA agency to embargo fight results.
LA Times jumps in the ring, files public
records suit
(Hollywood Reporter 9/8/04) -- As Fox's "The Next Great Champ" prepared to debut Tuesday, the boxing reality show and rival NBC series "The Contender" faced the prospect of having their entire premise compromised through a public records request to disclose the winners before the bouts are televised. (Read the story)
Warning to grand jurors not to discuss testimony with reporters is not prior restraint, appeals court rules
(The Recorder, 9/16/04) -- The Sixth District Court of Appeal on Wednesday ruled that a Santa Clara County grand jury foreman did not violate a newspaper's free speech rights when instructing witnesses not to discuss their testimony. (Read the story)
RESISTING GOVERNMENT SECRECY IN A TIME OF TERRORISM
keynote speaker
SEYMOUR HERSH
a CFAC annual free speech assembly
October 8 and 9
UC Berkeley Graduate School of Journalism
Information and early registration available
here!
New state law sealing victim, witness data in criminal cases takes effect. CFAC among critics who say law goes too far
(Los Angeles Times, 9/15/04) -- Gov. Arnold Schwarzenegger signed a bill Tuesday that allows prosecutors to keep an unlimited amount of personal information about crime victims and witnesses from the public. (Read the story)
Feds target 'Merc' reporters in BALCO steroid scandal. Reporters asked for source of leaked grand jury testimony. Newspaper, citing 1st amendment, says no way
(Editor & Publisher 9/13/04) -- Federal investigators looking into the BALCO steroid scandal, who have already targeted three San Francisco Chronicle reporters in a search for confidential sources, are now seeking similar information from the San Jose Mercury News. (Read the story)
Be careful what you tell columnist Robert Novak. He believes in revealing confidential sources, after all
(Editor & Publisher 9/13/04) -- Syndicated columnist Robert Novak apparently believes that the principle of not revealing confidential sources is rather flexible.
The man who has stood on this principle for months, in deflecting calls for him to identify who in the Bush administration "outed" CIA operative Valerie Plame, said this weekend on national television that CBS should release the name of its source for the documents at the center of the dispute over its recent program on President Bush's National Guard service. (Read the story)
No First Amendment protection for church in priest abuse probe. Court says grand jury subpoenas do not interfere with religious practice.
(San Diego Union-Tribune 9/8/04) -- A judge has ordered the nation's largest Catholic archdiocese to turn over the secret personnel files of priests accused of sexually abusing children and rejected arguments that prosecutors were violating the U.S. Constitution by interfering with church business. (Read the story)
Ceres City Council faulted for altering zoning master plan in closed session. Council claimed it was discussing “pending litigation.”
(Modesto Bee 9/13/04) -- In the local housing boom, every government, city or county, gets caught in mistakes at one time or another. In most cases, mistakes are due to pressure to build more houses. (Read the story)
Lodi parents sour on church’s use of candy to sweeten religion for local kids. Is religious “recruiting” constitutionally protected?
(Lodi News-Sentinel 9/13/04) -- Lodi's First Baptist Church has stopped offering candy to neighboring Millswood Middle School students after learning of parent complaints at the district level, despite the fact that the church was within its legal right to do so. (Read the story)
Texas court says political satire is not protected speech -- Wait, just kidding
(Texas Lawyer 9/13/04) -- In one of the most interesting First Amendment cases the Texas Supreme Court has handled in years, the high court unanimously ruled that political satire is a protected form of free speech, even if it's not clearly labeled or attributes false quotes to real public officials. (Read the story)
SUPPORT FOR PROP 59
Editorial endorsements this week
Vacaville Reporter
Sacramento Bee
Santa Cruz Sentinel
San Benito supervisors, meeting in closed session, stumble over open meeting law. Did they discuss “exposure to litigation” or just politics?
(Freelancenews.com 9/10/04) -- A legal expert and San Benito County Registrar John Hodges believe the Board of Supervisors broke the state’s open meetings law Aug. 31 by discussing the possibility of stripping the longtime official of his authority over elections.
County Counsel Karen Forcum, however, says her advice for the board to hold the talk behind closed doors did not violate the Ralph M. Brown Act, because the meeting involved potential litigation protected by the act. (Read the story)
Ex-stuntwoman, who claimed Governor “groped” her, drops libel suit against governor and aide. Aide had told reporters -- incorrectly -- that plaintiff had drug and prostitution record
(Sacramento Bee 9/10/04) -- A former stuntwoman who found her own reputation on the line after she claimed Gov. Arnold Schwarzenegger had groped her during his acting days has dropped a defamation case against the governor and a campaign aide in exchange for their assurances they will not go after her for lawyers' fees. (Read the story)
If you have suggestions for items to be included in CFAC's weekly Flash, please email them to Peter Scheer